For the list's information, I am, in fact, in the middle of writing an
update to this article. If you haven't already signed up to the JISC
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Cheers,
Jason Campbell
JISC Legal Service Manager
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Jason Campbell
JISC Legal Service Manager
University of Strathclyde
Alexander Turnbull Building
155 George Street
Glasgow G1 1RD
Tel: 0141 548 4939 (office)
Tel: 0141 548 2889 (direct)
E-mail: [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Andrew Cormack
Sent: 23 August 2005 11:20
To: [log in to unmask]
Subject: Re: [data-protection] Access to Chat Rooms
I'm not a lawyer, but as I understand it the position is as follows:
Pure hosting providers are protected from liability by the Electronic
Commerce (EC Directive) Regulations 2002 until they are informed of
specific infringing material. Once they are told that a particular item
is alleged to be infringing they must act promptly or else they may be
held liable. Usually they remove it and that's the end of the story.
There was a case involving the Motley Fool website where I believe the
ISP was ordered by the court to disclose the identity of the person who
had made a posting, but I think that was after the court had looked at
the posting and decided that there was a case to answer that the posting
was actionable. Various rightsholders have also been going to court over
the past year or so to ask the court to order ISPs to disclose the
identity of customers who have been distributing copyright material. If
the court makes such an order then the ISP has to disclose and is exempt
from the DPA, presumably under s35.
The JISC Legal information service has an article on ISP liability at
http://www.jisclegal.ac.uk/ispliability/ispliability.htm
Cheers
Andrew
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Carl Johnson
> Sent: Tuesday 23 August 2005 10:50
> To: [log in to unmask]
> Subject: Re: Access to Chat Rooms
>
>
> >However, I would like opinions about whether the service
> provider that was
> hosting the chat room could be the (legal) person that was in
> trouble in the
> original situation. They could not be treated as doing it for
> "personal
> reasons". If they could be in trouble, might they not have to
> release the
> e-mails?
>
> AIUI, it depends whether the provider would be considered as
> a publisher or
> not. Personally, I don't see how providing a communications
> medium of this
> type does, but I'm sure some lawyer would disagree (don't they always
> though).
>
> In actual fact, I recall a similar (ish) case to this from a
> few years ago.
>
> Demon Internet were asked by a customer to remove a
> slanderous post on a
> newsgroup. I'm not sure if the article originated from a
> Demon user or not
> but due to the nature of usenet, the post propogates to news
> servers around
> the world and cannot be removed from them. Anyway, the customer made a
> number of requests (including faxing the MD) requesting the
> removal of the
> post from their [Demons] news server. Demon failed to act and were
> successfully sued as being the publisher of the comments.
>
> Personally, I hate this nonsense. Providing a medium to make a comment
> should not make a provider liable for their users comments. Of course,
> failing to act when they've been given good reason to is different but
> companies need to realise, staff invariably moan about one
> thing or another,
> whether that be in the pub with their colleages/mates or on
> the internet
> with their other contacts. Heavy handed tactics will not
> benefit anyone and
> will certainly generate a lot of bad publicity for the
> company should they
> be seen to be acting in an over zealous manner.
>
> Carl
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Smith, Tony
> Sent: 23 August 2005 10:15
> To: [log in to unmask]
> Subject: Re: [data-protection] Access to Chat Rooms
>
> Personal opinion,
>
> My original reply was to the people who said that companies
> could not be
> defamed and I think that we have now agreed that even though
> they lost in
> this case there can be defamation of companies.
>
> However, I would like opinions about whether the service
> provider that was
> hosting the chat room could be the (legal) person that was in
> trouble in the
> original situation. They could not be treated as doing it for
> "personal
> reasons". If they could be in trouble, might they not have to
> release the
> e-mails?
>
> Tony
>
> p.s. Even though I am saying that companies can (within the
> legal system) be
> defamed I was a supporter of the people who gave out the
> leaflets outside
> the burger chain.
>
> -----Original Message-----
> From: Carter, Antoinette (KIS)
> [mailto:[log in to unmask]]
> Sent: 22 August 2005 16:47
> To: [log in to unmask]
> Subject: Re: Access to Chat Rooms
>
>
> But the McLibel case was all about people handing out 1000s
> leaflets to the
> public outside their branches. A few people discussing issues between
> themselves in a chat room can hardly be deemed as having any
> widespread
> impact on the company's "good name".
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Carl Johnson
> Sent: 22 August 2005 16:35
> To: [log in to unmask]
> Subject: Re: [data-protection] Access to Chat Rooms
>
> McDonalds sued for Libel but eventally lost iirc. Plenty of info here
> http://en.wikipedia.org/wiki/Mclibel
>
>
> Carl
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Smith, Tony
> Sent: 22 August 2005 15:45
> To: [log in to unmask]
> Subject: Re: [data-protection] Access to Chat Rooms
>
> Personal opinion but, I seem to remember a rather long libel
> case regarding
> a burger company against unemployed people who defended themselves.
>
> Tony
>
> -----Original Message-----
> From: Duncan Smith [mailto:[log in to unmask]]
> Sent: 22 August 2005 15:38
> To: [log in to unmask]
> Subject: Re: Access to Chat Rooms
>
>
> I think it all falls over right from the start under the DPA Domestic
> Exemption; this is the employee in his personal life
> (talking/writing)
> about his work life. He is therefore not a data controller;
> just a bloke
> with a blog
>
> I just feel uncomfortable as this leaves the Employer with
> few choices as to
> access to any comment made about them, and any potential libel.
>
> >>You can't libel a company, anyway<<
>
> Stand to be corrected on this, but I think you can as they
> are a 'legal
> person'.
>
> Duncan
>
>
>
> ---------------------------------------------
> COMPLIANCE IN YOUR LANGUAGE....
> ---------------------------------------------
>
> Contact Details:
>
> 48 West End | Silverstone | Northants | NN12 8UY
>
> Phone: +44 (0) 8707 70 48 66
> Fax: +44 (0) 8707 70 48 69
> Mobile: +44 (0) 7775 56 81 80
> Email: [log in to unmask]
> Web: www.icompli.co.uk
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Roland Perry
> Sent: Monday, August 22, 2005 11:37 AM
> To: [log in to unmask]
> Subject: Re: [data-protection] Access to Chat Rooms
>
>
> In message <001501c5a6f9$a548b400$0302a8c0@DELL5000>, at
> 10:12:38 on Mon, 22
> Aug 2005, Duncan Smith <[log in to unmask]> writes
> >There appears to be ample opportunity for libel on this
> group, but how
> >would the employer know; it appears they have no right of
> access to the
>
> >data. This is 'personal use of data' and so probably exempt from DPA
> >SAR.
>
> You can't a libel a company, anyway. If there were remarks about
> individuals, then that's quite a different kettle of worms.
>
> I wonder how the company would send a SAR to the employee
> (who is presumably
> the data controller/publisher) without tipping him off? Yahoo
> isn't in the
> loop until there's evidence of a libel against an individual.
> Even then,
> they'd probably take the material down after examination, and
> be unlikely to
> start circulating copies to the employer.
> --
> Roland Perry
>
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