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RECORDS-MANAGEMENT-UK  July 2004

RECORDS-MANAGEMENT-UK July 2004

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Subject:

RAIN 722b Privacy issues, Commissioners Findings

From:

Peter Kurilecz <[log in to unmask]>

Reply-To:

[log in to unmask]

Date:

Thu, 22 Jul 2004 20:46:26 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (191 lines)

Cnet
Judge tosses online privacy case
By Paul Festa
Staff Writer, CNET News.com
http://news.com.com/2100-1023-5234971.html
The dismissal of lawsuits brought against Northwest Airlines has online privacy advocates
renewing calls for federal privacy legislation.
In a decision dated June 6, U.S. District Court Judge Paul Magnuson ruled that seven consolidated
class action lawsuits against Northwest had no merit--in part because the privacy policy posted on the
airline's Web site was unenforceable unless plaintiffs claimed to have read it. The plaintiffs had
contended that the airline, in giving passenger information to the government in the wake of the Sept.
11, 2001, terrorist attacks, violated laws and its own privacy policy.
http://news.com.com/Privacy+advocates+protest+Northwest+dismissal/2100-1023_3-5234971.html?tag=nefd.top (


United Kingdom: Court of Appeal Decision Restricts Meaning of "Personal
Data" Under the U.K. Data Protection Act
11 June 2004
Article by Jonathan Nugent
The UK Court of Appeal issued judgment in
December 2003 in the case of Durant v. Financial Services
Authority. The judgment provides important guidance on
the meaning of "personal data" under the UK Data
Protection Act 1998 ("DPA"), which implements the EU
Data Protection Directive 96/46/EC, and provides guidance
on responding to requests for access to information and
documents under the subject access provisions of the DPA.
http://www.mondaq.com/article.asp?articleid=26615 (



Australia: Potential Further Restrictions on Monitoring of Employee Email
And Internet Use
By Anthony Longland, Alicia Taranto and Anna
Oldmeadow
An exposure draft concerning the regulation of surveillance
of employees at work has recently been released for public
comment by the New South Wales Attorney-General.
http://www.mondaq.com/article.asp?articleid=27179



Commissioners Findings
PIPED Act Case Summary #259
A bank required two specific pieces of identification as well as additional
information in order to issue a bank card
http://www.privcom.gc.ca/cf-dc/2004/cf-dc_040127_e.asp


Commissioner’s Findings
PIPED Act Case Summary #260
An individual objects to her name and address being sold to third parties
http://www.privcom.gc.ca/cf-dc/2004/cf-dc_040204_e.asp


Commissioner’s Findings
PIPED Act Case Summary #261
A promotional technique that is not good privacy practice
http://www.privcom.gc.ca/cf-dc/2004/cf-dc_040211_e.asp



Commissioner’s Findings
PIPED Act Case Summary #262
Airline agrees to amend privacy policy
http://www.privcom.gc.ca/cf-dc/2004/cf-dc_040227_e.asp



United States: Second Circuit Affirms Bar To Datamining Domain Name
Registrar
15 July 2004
Article by Jocelyn W. Brittin
To the joy of countless consumers tired of spam,
telemarketing and other unsolicited mass-marketing
techniques, the Second Circuit Court of Appeals recently
affirmed the decision enjoining the harvesting of domain
name registrations from the public domain name databases
of Register.com for marketing purposes. (Register.com v.
Verio Inc., Docket No. 00-9596, 2nd Circuit, 2004) Register.
com is a domain name registrar, appointed by the Internet
Corporation for Assigned Names and Numbers. The
injunction prevents Verio, Inc. from using its software
"robot" to datamine Register.com’s WHOIS database to
collect contact information relating to registrations of
domain names which Verio then uses for marketing its Web
development services. One aspect of the case particularly
significant to Internet users and e-commerce businesses is
the decision regarding when "term of use" of a Web site
becomes contractually binding upon visitors to the site.
http://www.mondaq.com/article.asp?articleid=27213



United States: Using Stolen Password To Access Web Site Does Not
Breach Digital Millennium Copyright Act
13 July 2004
Article by Daniel K. Hampton Jr
Originally published July 6, 2004
A recent case from the United States District Court for the
Southern District of New York has ruled for the first time
on a significant issue pertaining to the scope of the Digital
Millennium Copyright Act (DMCA) - whether unauthorized
use of a valid password to access a secure Web site
violates the DMCA. In I.M.S. Inquiry Management Systems
Ltd. v. Berkshire Information Systems, Inc., the court
decided that the DMCA does not prohibit such
unauthorized access.
http://www.mondaq.com/article.asp?articleid=27209



The Star-Ledger
Altria scolded and fined $2.75 million
The federal judge overseeing the government's racketeering case against the
tobacco industry scolded Altria Group and its Philip Morris USA unit for
destroying potential evidence and fined them $2.75 million.
http://www.nj.com/business/ledger/index.ssf?/base/business-7/109048280718580.xml



Investors Business Daily
Altria slapped with $2.75 million fine
By William Spain
Last Updated: 7/21/2004 6:34:51 PM
CHICAGO (CBS.MW) -- The federal judge overseeing the government's
$280 billion racketeering case against Big Tobacco slapped Philip Morris
USA with a $2.75 million fine Wednesday for losing documents relevant
to the case.
http://www.investors.com/breakingnews.asp?journalid=22276974&brk=1



Akron Beacon Journal
Appeals court says pleadings are public
records
Associated Press
DAYTON, Ohio - An appeals court has ordered a judge to retrieve records he removed from a case he
had sealed, saying court pleadings are public records unless they fall under one of the exemptions of
Ohio's public records law.
http://www.ohio.com/mld/beaconjournal/news/state/9215740.htm?1c



Dayton Daily News
State appeals court orders judge to open records that he sealed
Decision says pleadings are in public domain
By Rob Modic
Dayton Daily News
DAYTON | A state appeals court declared Wednesday that court pleadings are public records and
ordered a Common Pleas judge to retrieve records he had illegally removed from a case he had
sealed.
http://www.daytondailynews.com/localnews/content/localnews/daily/0722sealed.html?


EMC Blending Content, Storage
By Clint Boulton
July 22, 2004
Delivering on its promise to blend
content management with storage
management after its purchase of
Documentum last year, EMC (Quote,
Chart) issued new software Thursday
to help companies shuttle data across
their computer systems.
www.internetnews.com/storage/article.php/3384571



Computerworld
Protecting the data jewels
Bob Violino, Computerworld,
22/07/2004 15:17:26
In the casino industry, one of the most valuable assets is the dossier that casinos keep
on their affluent customers, the high rollers. But last year, casino operator Harrah's
Entertainment filed a lawsuit charging that a former employee had copied the records
of up to 450 wealthy customers before leaving the company to work at competitor
Thunder Valley Casino.
The complaint said the employee was seen printing the list -- which included names,
contact information and credit and account histories -- from Harrah's database. It also
alleged that he tried to lure those players to Thunder Valley. The employee denies the
charge of stealing Harrah's trade secrets, and the case is still pending, but many similar
cases have been filed in the past 20 years, legal experts say.
http://www.computerworld.com.au/nindex.php/id;1183202911;fp;16;fpid;0



-- 
Peter A. Kurilecz CRM, CA
Richmond, Va
[log in to unmask]

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