Bedell Cristin

Data Protection and Defamation

Advocate Vicky Milner

18 July 2013

Jersey | Guernsey | London | Dublin | Geneva | Mauritius | BVI | Singapore

Tech business and the law

■ What laws are relevant to Jersey tech business?

Contract Copyright Company Crime

Data Protection Defamation Discrimination Distance Selling

Electronic Comms Employment Health & Safety Human Rights

Intellectual Property And so on…

Tech business and the law

■ What laws are relevant to Jersey tech business?

Contract Copyright Company Crime

Data Protection Defamation Discrimination Distance Selling

Electronic Comms Employment Health & Safety Human Rights

Intellectual Property And so on…

Data protection

■ Protection of rights of an individual in relation to information about him or her

Personal data

■ Personal data is:“data that relate to a living individual who can be

identified - from those data or - from those data and other information…in the

possession of the data controllerand includes [an] expression of opinion…”

■ A person’s name alone is not personal data

Sensitive personal data

■ Sensitive personal data is personal data consisting of information regarding the person’s:- Race- Political opinions- Religious beliefs- Trade union membership- Physical or mental health or condition- Sexual life- Commission of offences or proceedings re offences

Anthea’s foot cream

■ Anthea is a herbalist who makes foot cream■ Before selling products she asks her clients

about their health■ Barry is a website designer and online salesman

Anthea’s foot cream

Anthea

Barry

Clients

Anthea’s foot cream

Anthea

Barry

Clients

Anthea’s foot cream

Anthea

Barry

Clients

Anthea’s foot cream

Anthea

Barry

Clients

Cedric

Anthea’s foot cream

Anthea

Barry

Clients

Cedric

Anthea’s foot cream

Anthea

Barry

Clients

Cedric

Obligations; contract terms

■ Who is the data controller?■ Who is the data processor?■ What do they need to do to meet statutory

obligations?■ Clear contractual terms (business-supplier and

business-client) are vital – say what you are doing and who is responsible for what

■ Ensure statutory compliance – take advice

Blogging

■ Blogging about people may raise data protection issues

■ Also cyber-bullying/harassment issues■ Defamation

Defamation

■ Publishing a statement about someone which lowers him/her in the minds of “right-thinking members of society”

Internet Service Providers, Twitter & defamation

■ Godfrey v Demon Internet Ltd (1999)■ Lord McAlpine v Sally Bercow (2013)

Summary

1. Get comfortable with the DPL – how does it apply to your business?

2. Review your terms and conditions (business to business and client/customer)

3. If you have a website on which others can post consider how you will manage this

4. Think before you tweet, post, etc…

Questions?

For more information contact:

Vicky MilnerAdvocateBedell CristinT +44 (0)1534 814237E vicky.milner@bedellgroup.com

Briefings

www.bedellgroup.comPublications/Briefings – LegalLitigation/Jersey Briefings:■ Intellectual Property■ Storm cloud on the horizonEmployment/Jersey Briefings:■ Discrimination■ Record management