Matheson’s technology and IP law blog

Scoping Data Subject Access Requests

October 1st, 2013


We have seen a substantial increase in the number of data subject access requests that our clients are receiving.  If you are not familiar with such requests, they represent the exercise of a key right under the Data Protection Acts which is for an individual to ask a data controller what personal data the controller holds about the individual and to obtain a copy of that data. Data access requests are usually submitted in the broadest terms by individuals asking… Read more…

ICO publishes further guidance on encryption

September 27th, 2013


The UK Information Commissioner’s Office recently published further guidance (“Guidance”) on encryption on its blog. The Guidance supplements the ICO’s position on encryption which it published in October 2012. In the blog post, the ICO’s group manager for technology states that the ICO advises all organisations to use appropriate encryption if the loss of personal data could cause damage and distress to the individuals affected. The Guidance also clarifies that controlling access to a device using a password or PIN… Read more…

Website blocking orders continue to proliferate in the UK and Ireland

September 19th, 2013


In the recent UK decision The Football Association Premier League Ltd v British Sky Broadcasting Limited [2013] ECDR 14, the English High Court granted an order requiring the major UK ISPs to block a website known as FirstRow Sports, a portal website for streamed broadcasts of sporting events. This is one of the first decisions to block a website other than P2P filesharing sites such as The Pirate Bay. The FirstRow Sports website itself does not stream the content, which… Read more…

On data protection and amnesia: The Advocate General’s Opinion in Google Spain v AEPC

September 18th, 2013


The Advocate General of the Court of Justice of the European Union (the “CJEU”) has delivered his non-binding opinion in a case of critical importance currently pending before the CJEU. The case of Google Spain S.L and Google Inc. v Agencia Espanola de Proteccion de Datos (case C-131/12) revolves around the question of whether or not individuals have a right of erasure of links to information about them contained in a Google search result. The full Opinion of Advocate General Jaaskinen (the… Read more…

What next if hypertext linking amounts to copyright infringement?

September 17th, 2013


The legal status of hypertext linking (or “hyperlinking”) remains fraught. Since the early 2000’s best practice legal advice has focussed on the safe option, namely, obtain permission unless the link is to a home page and there is no real prospect of any intellectual property rights infringement being raised. Cases to date from different jurisdictions have been inconsistent partly reflective of differing intellectual property laws and approaches and partly because of the fact specific nature of these cases. This makes… Read more…