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
News from The Lawyer
Briefings from Hogan Lovells
The government has issued a response to its consultation on the administration of shared parental leave and pay.
A contract for insulation work on boilers at a power station was originally granted to Kitsons in December 2010.
Analysis from The Lawyer
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
The Russian legal market faces a new era as the government opens the door to greater business transparency, but not everything is open to scrutiny