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OFCOM to Review DEA Blocking Powers

The Department for Culture, Media and Sport has today announced that Ofcom will be asked to review the practicality of the provisions in section 17 of the Digital Economy Act 2010 that might in future allow courts to order blocking of infringing sites. In our responses to previous consultations on the Act we have expressed […]

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MoJ Data Protection Response

An interesting morning yesterday at the launch of the Ministry of Justice’s Response to the Call for Evidence on the Current Data Protection Legislative Framework. JANET’s evidence focussed on the difficulties of applying data protection law to the Internet: the current law has proved unclear on the status of IP addresses and similar pseudonymous identifiers, […]

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Digital Economy Act – Signs of Life

The Department for Business, Innovation and Skills has published the first draft Statutory Instrument (SI) required for the implementation of the Digital Economy Act’s copyright enforcement process. The Online Infringement of Copyright (Initial Obligations)(Sharing of Costs) Order is is the SI that covers sharing of costs betwen rightsholders and ISPs: as suggested in last summer’s […]

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Net Neutrality: Responses to EC Consultation

The European Commission has published an overview report of the responses to its recent consultation on network neutrality. It seems that respondents agreed that “traffic management is a necessary and essential part of the operation of an efficient internet” and that its use to address security and congestion issues is entirely legitimate. However there appears […]

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Personal Data – yet another contradictory decision

For a while there has been one pair of contradictory answers to the question of whether an IP address was personal data. Two different German courts were asked about addresses in the log of a web server: one said that was personal data, the other said it wasn’t. Now we seem to have another pair. […]

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DEA Cost Sharing Consultation Response

The Department for Business, Innovation and Skills has published its response to the consultation on how costs under the Digital Economy Act 2010 should be shared. These are the costs of ISPs’ systems and processes to receive and pass on Copyright Infringement Reports (CIRs), Ofcom’s costs in regulating the process, and the costs of the […]

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Data Protection Revision Delayed

An interesting report from the French data protection authority (CNIL) that the European Commissioner has announced a delay in the proposed revision of the European Data Protection Directive 95/46/EC. Rather than publishing a draft Directive later this year, it seems that the plan is now to publish a report this autumn with the draft expected […]

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Closed Consultations

MoJ: Data Protection Law

The Ministry of Justice has been seeking evidence to inform its input into the ongoing revision of the European Data Protection Directive (95/46/EC). I’ve submitted a JANET response, covering three issues where we frequently trip over problems with either the interpretation or the use of the current Directive and the Data Protection Act 1998 that […]

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Data Protection Directive Meeting

I had an interesting day in Brussels yesterday, providing input for the Commission’s revision of the 1995 Data Protection Directive. Invitations had been sent to those who responded to the consultation last year, so a wide variety of organisations were present, including banking, marketing, medical, consumer rights, content industries and telecommunications operators. There was general […]

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Thoughts on Data Breach Notification

Regulators and governments are moving towards creating a requirement that anyone who suffers a security breach affecting personal data would have to report it. A number of American states already have such laws, the recent revision of the European Telecoms Framework Directive introduced a breach notification requirement for telecoms providers and the Commissioner has stated […]