Technology & Media update - Enews - August 2011

Updated September 2011

Data Protection, privacy and information

Public bodies required to reply to compliant FOI requests made through Twitter (Information Commissioner's Office)

The ICO has stated that freedom of information requests made on Twitter could be compliant if individuals include their real names. Public bodies that have Twitter accounts have been advised to have adequate procedures to respond to these requests.

Facebook introduces new privacy settings (BBC)

The leading social network site now offers new sharing settings for its users to enable members to manage their personal information. These and other changes follow criticisms that Facebook's settings have made it difficult for users to protect their privacy.

Intellectual Property

Government gives backing to Hargreaves review (Intellectual Property Office)

Following the publication of an independent review of the UK's intellectual property law, the Government has given its broad agreement to the report's recommendations. In its response the Government has announced plans to set up a digital copyright exchange and to create wider exceptions to existing copyright laws.

Government puts off new website blocking regulations (DCMS)

Following recommendations from Ofcom, the Government has decided not to draw up regulations allowing courts to force ISPs to block access to pirated works. Rejecting the approach offered by the Digital Economy Act, Ofcom concluded that alternative blocking measures would be a more effective strategy to tackle illegal file-sharing.

Ecommerce & information technology

ICO responds to Google's updated privacy procedures (Information Commissioner’s Office)

The ICO has been offered "reasonable assurance" by how the internet company addresses privacy issues, although some reservations remain. This assurance follows an audit into Google's practices following controversy surrounding its Street View service.

No new powers sought against social networks (BBC)

Following talks with industry figures, the Home Office has confirmed that the government and police will not be seeking any new powers to close down social networks. These powers had been suggested in response to the use of networks in the recent spate of riots.

Technology and Media Litigation

Apple secures EU-wide injunction against Samsung's Galaxy Tab 10.1 (BBC)

In an ongoing global patents and copyright battle, a German court granted and then suspended a European injunction against Samsung based on Apple's registered Community design rights. How long the injunction lasts remains to be seen as Samsung intends to challenge the ruling later this month.

Facebook caught up in criminal cases (The Register)

The use of social media in the recent riots has made numerous headlines and has resulted in a number of criminal convictions, the most notable of which is a four month sentence for a 20 minute Facebook post. A 25 year old man has also been charged with five counts of illegally accessing Facebook in an apparent 'hacking spree'.

Communications

Competition Commission finds Sky Movies' dominance harms consumers (Competition Commission)

The Competition Commission has provisionally ruled that the market power of Sky's pay-TV movie channel is leading to a lack of effective competition. The Competition suggested restrictions on the number of exclusive license agreements Sky would be allowed to have with leading film studios.

OFT sets up new resource to promote distance selling compliance (Office of Fair Trading)

The OFT has set up a Distance Selling Hub to help businesses apply the current law on sales of goods and services over the internet, telephone or mail order. The Hub will provide a guide to the legislation, including the Doorstep Regulations and the new EU Consumer Rights Directive, as well as training materials for businesses.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at August 2011. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.

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