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.
Sign in or Register to continue reading this article
It's quick, easy and free!
Why register to The Lawyer
More relevant to you
News from Hogan Lovells
News from The Lawyer
Briefings from Hogan Lovells
The decision of the US Court of Appeals has raised questions about how issuers should present their disclosures on conflict minerals under Exchange Act Rule 13p-1 and Form SD.
An interesting judgment was delivered by the Honourable J Majiki on 19 November 2013 in the Eastern Cape High Court, Port Elizabeth.
Analysis from The Lawyer
As international firms question their future in these small, closely linked markets, local lawyers too are eyeing the business environment with caution
Beyond the headline infrastructure projects, UK construction work is still recovering from the clobbering it took during the slump