A forum for dispute? The Data Protection Act can apply to corporate social networking
The Data Protection Act (DPA) contains an exemption for personal data that is processed by an individual for the purposes of his or her personal affairs. This is often referred to as the ‘domestic purposes’ exemption. It will apply whenever an individual is using an online forum purely for personal purposes. However, it does not cover organisational use of online forums and social media — they are therefore subject to the DPA in the normal way.
The Information Commissioner’s Office (ICO) has issued guidance on this, explaining that when personal data is put on a business social networking site, message board or blog, the organisation takes on responsibilities as a ‘data controller’ under the DPA. As mentioned in relation to the Gayle case, the ICO’s guidance has no legal effect and it is open to organisations to show compliance with the DPA in other ways. However, it is self-evident that documented compliance with the guidance will help in the event of a complaint…
If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.
News from Hogan Lovells
Briefings from Hogan Lovells
Those who have had any involvement with Telephone Consumer Protection Act (TCPA) litigation in the last year will be unsurprised to learn that TCPA lawsuits are on the rise.
The UK government supports the European Commission’s decision not to impose mandatory quotas; it favours a self-regulatory national level approach.
Analysis from The Lawyer
When a firm shouts loudly about a landmark merger, as SJ Berwin did when it joined forces with King & Wood Mallesons, departures are always likely to come under the spotlight.
The Lawyer’s latest Top 50 litigation firms list shows that business for dispute specialists is roaring along while new in-depth detail reveals the winning strategies