Technology & Media update - Enews - October 2011

Updated November 2011

Data Protection, privacy and information 

Public confidence in data protection declines as data security breaches increase (Eweek Europe)

In spite of an increase in awareness of responsibilities under the Data Protection Act, the results of the ICO's 2011 Annual Track Survey have revealed a 58% increase in data security breaches in the private sector. Almost half of individuals surveyed do not believe that organisations process their data in a fair and proper manner.

Freedom of Information request results in data security breach (ICO)

Dumfries and Galloway Council breached the Data Protection Act by failing to follow procedures correctly. An incorrect response to a Freedom of Information request resulted in the personal details of nearly 900 employees being released online.

Intellectual Property

EU Commission calls for private funding of digitisation of Europe's cultural heritage (European Commission)

The European Commission has asked private investors to help fund the conversion of the EU's cultural material into digitally available content. The Commission expects that this digitisation of books, journals and audiovisual content will benefit leisure, education and business in the EU and beyond.

Apple granted patent for touchscreen unlocking gesture (BBC News)

Apple has been granted a patent for unlocking smart phones using a touchscreen motion. The patent, which covers a wide range of commonly used techniques for unlocking smart phones, is likely to give Apple further ground in its ongoing global patent war.

Ecommerce & information technology

Court orders BT to block access to Newzbin within 14 days (BBC News)

Further to a High Court ruling in July, which ordered BT to block access to the infringing website Newzbin 2, the ISP has been given 14 days to block access to the pirate site and has also been ordered to pay the costs of the implementing the block. Court orders against other ISPs are likely to follow.

50 percent of sales to come from mobile and social by 2015 (Silicon)

A study undertaken by the technology research firm, Gartner, has highlighted the importance of businesses investing in smart phone applications and social platforms as it is estimated that 50 percent of sales will come from these sources by 2015.

Technology and Media Litigation

Use of foreign decoding devices cleared for private use by ECJ (Reuters)

The ECJ has held that private individuals should be permitted to purchase decoding devices which allow them to access cheaper foreign broadcasters of Premier League football matches. This was not extended to business users, who would continue to be restricted due to copyright laws which protect the works contained within the broadcasts, including video sequences, anthems and other graphics and music.

Digital Economy Act may be 'unenforceable' (ZD Net)

Ofcom has said that complex issues still need to be resolved before the Digital Economy Act, intended to allow websites holding copyright infringing material to be blocked, can be enforced. Key issues include how to define terms such as ISP and who is best placed to bear the cost of enforcement.

Communications

Blackberry outage affects over 70 million users worldwide (The Guardian)

A three day Blackberry outage which affected almost every Blackberry user worldwide has been blamed on a faulty router by former employees of Research In Motion, the Canadian manufacturer of BlackBerry products. The outage has posed difficulties for Blackberry as it struggles to compete in an increasingly cut throat smart phone market.

Ofcom tries to save six day postal service (Ofcom)

Ofcom has issued proposals to ensure the ongoing viability of a universal six day a week UK postal service as declines in postal volume continue to affect the industry. Ofcom aims to give the Royal Mail more freedom under its Universal Service Obligation with proposals including allowing Royal Mail to set its own prices for deliveries.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at October 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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