Presentation on theme: "LECTURE VIX. DATA PROTECTION, FREEDOM OF INFORMATION VIRTUAL PROPERTY FASHION Copyright Law and Media Law 26.11.2014 JUDr. Eva Ondřejová, LL.M. 1."— Presentation transcript:
LECTURE VIX. DATA PROTECTION, FREEDOM OF INFORMATION VIRTUAL PROPERTY FASHION Copyright Law and Media Law JUDr. Eva Ondřejová, LL.M. 1
Purpose of the DP JUDr. Eva Ondřejová, LL.M. 2 To protect individuals from: The use of inaccurate, incomplete or irrelevant personal information The use of personal information by unauthorised people The use of personal information for purposes other than the purpose for which it was gathered | also some sensitivity to transborder data ows and the need to avoid data havens in unregulated jurisdictions
Definitions JUDr. Eva Ondřejová, LL.M. 3 Data: information in electronic or manual form Data subject: individual who is the subject of the personal data Personal Data: Expression of opinion, or fact, address, photos, video footage... New category of sensitive data (e.g. ethnic origin, trade union membership). Data Controller: determines why or how personal data is processed Data Processor: anyone processing data for the data controller who is notan employee of the data controller Processing: Reviewing, holding, sorting, deleting, correlating, modifying Relevant Filing System: Readily accessible information about living individuals Information Commissioner: New name for Data Protection Registrar
EU law JUDr. Eva Ondřejová, LL.M. 4 Broader than the old act to comply with European requirements and new threats Strengthened rights for data subjects Extended to cover manualling systems Sensitive data is a new category and has stronger processing requirements Rules about export of data to non-EEA countries
Processing JUDr. Eva Ondřejová, LL.M. 5 Non-sensitive Personal data must be processed fairly and lawfully and shall not be processed unless one of the below is met: Consent | most important Contract Legal Obligation Vital interests of subject (life or death!) Public functions Balance of interest
Processing JUDr. Eva Ondřejová, LL.M. 6 Racial or ethnic origin, Political opinions, Religious/similar beliefs, Trade Union, Membership, Health, Sexual Life, Ofences May only be held if one of the below is met: Explicit and informed consent Employment Law Vital Interests of Subject Legal Proceedings Medical Purposes (by medical professionals) Equal opportunities monitoring
Consent JUDr. Eva Ondřejová, LL.M. 7 Freely given specific and informed indication of wishes by which the data subject signies agreement to personal data relating to him/her being processed.„ Can't use implied consent | must get forms back. Can't use blanket consent as condition of entry.
Fair processing JUDr. Eva Ondřejová, LL.M. 8 Must not intentionally or otherwise deceive or mislead subject as to purpose of data use/collection. Must identify to subject data controller/nominated representative. Must identify to subject purpose of processing data. Exceptions are disproportionate (direct marketing not allowed) or legal obligation.
Principles JUDr. Eva Ondřejová, LL.M. 9 Data must be obtained only for one or more specied lawful purposes and shall not be further processed in any manner incompatible with that purpose or purposes. Must not use data for a new incompatible purpose without subject's consent Have a data protection statement that explains why data will be held and requesting consent in the case of sensitive personal data The Information Commissioner must be notified by Data Controllers specifying what data will be collected and for what purpose
JUDr. Eva Ondřejová, LL.M. 10 Personal data must be adequate, relevant and not excessive in relation to the purpose or purposes for which they are to be processed Volume and type of data can only be justified in relation to the purposes registered with the Information Commissioner Personal data shall be accurate and, where necessary, kept up to date Data holdings must be under continuous review and policies need to be in place to delete old data. Issues about things like addresses for students
Rights of data subject JUDr. Eva Ondřejová, LL.M. 11 Must be informed if personal data are being processed and given a description of the personal data Be informed of the purpose for which data is being held and processed Must be informed of people or organisations to whom personal data might be disclosed Be provided with an intelligible description of the specfic data held about them Be provided with a description of the source of personal data May prevent processing for purposes of direct marketing May prevent processing likely to cause damage and distress Right to compensation in the case of damage caused by processing of personal data in violation of the act Right to see the methods used to score the individual used by credit scoring agencies
Access rights JUDr. Eva Ondřejová, LL.M. 12 Right to have communicated to him/her in an intelligible form the information constituting the data. No right to lay through systems, computers etc. Right to be informed of logic involved in automated processing. Request must be in writing, fee may be charged and identity may be thoroughly checked.
Freedom of information JUDr. Eva Ondřejová, LL.M. 13 The FOI act gives individuals the right to access information about certain public bodies by two routes: Publication Scheme General Right of Access Any member of the public can apply for access to information held by a public body The act has enforcement mechanisms if the body fails to release the information
Freedom of information JUDr. Eva Ondřejová, LL.M. 14 General right of access by any member of the public There are exemptions but disclosure can be forced on grounds of public interest Public bodies must have a publication scheme that makes release of information routine
Public rights JUDr. Eva Ondřejová, LL.M. 15 To know whether relevant information exists: the duty to confirm or deny To have the information released (and, where possible, in the manner requested) To be provided with reasons for a decision to withhold information All requests must be in permanent form Reply must be sent within 20 working days
Request JUDr. Eva Ondřejová, LL.M. 16 Requests can be received by anyone within the organisation and do not need to refer to the Freedom of Information Act Requests must be in writing (including , fax etc.) Requests must be dealt within 20 working days No obligation to provide information which is already in the public domain/accessible by other means (e.g. via the publication scheme or in a book the organisation may hold) No obligation to create information that the Organisation does not already hold (e.g. statistical summaries) Organisation may charge a fee for the provision of information
PIECES TO MAKE PUZZLE JUDr. Eva Ondřejová, LL.M How to understand?
Virtual Environments - Social Networking Platforms - Virtual Worlds Closed (Structured) VE – World of Warcraft Open (Unstructured) VE – Second Life VP? JUDr. Eva Ondřejová, LL.M. 18
Problems 1. Real-world issues - money laundering, gambling, fraud, theft, intellectual property infringement, VE issues - gold farming, ‘griefing’ - phishing, trojan and malware attacks IP issues JUDr. Eva Ondřejová, LL.M. 19
Activities in virtual environments may have consequences in the real world 1. Communities develop their own rules 2. License agreements 3. Games have rules 4. ‘Virtual law’ Can there be unregulated game space? Governance JUDr. Eva Ondřejová, LL.M. 20
The law of property defines what property is, what can be the object of its protection, and determines what interests are to be treated as proprietary. Together with the law of obligations, property law protects the rights of the holders of these interests. - Use of the term - Elements: virtual currency : virtual estate : virtual chattels Virtual property JUDr. Eva Ondřejová, LL.M. 21
- Weapons, armour, potions,... - Clothes, pets, furniture,... Why people invest into virtual assets? (i) to be able to do more, (ii) to build relationships, and (iii) to establish identity. Virtual land, buildings, islands, spaceships,... Licensed as ‘server space’ Profile on Facebook? Virtual property JUDr. Eva Ondřejová, LL.M. 23
Disputes - Theft, robbery - Fraud – Eve Investment Bank - Divorce - Tax – authorities seek to treat economic activities taking place in VE - Bragg v. Linden Research, Inc. Case law JUDr. Eva Ondřejová, LL.M. 24
Who owns IP rights? - Operators - Users What is protected by IP rights? - Information content and creation Intelectual Property v Virtual Property JUDr. Eva Ondřejová, LL.M. 25
IP law regulates only fraction of activities/products → users are always constructive, but rarely creative VP protects the exploitation and use of the virtual end-product - book x Kindle and online library - banknotes x bank account Intellectual property v Virtual property JUDr. Eva Ondřejová, LL.M. 26
- License agreements – question of enforceability, jurisdiction, applicable law - Community enforcement - Online dispute resolution - Application of property law by courts Enforcement JUDr. Eva Ondřejová, LL.M. 27
Fashion JUDr. Eva Ondřejová, LL.M. 28 What are the main issues?
Intellectual Property and Fashion JUDr. Eva Ondřejová, LL.M. 29 “Intellectual property law regulates the creation, use and exploitation of mental or creative labour.” Copyright Fabric designs (surfaces) Works of artistic craftsmanship Design Design structure (not surface adornment) Handbags, belt buckles, etc Patents Industrialisation – mass production Sewing machines (Singer, 1851; oscillating shuttle, 1879; powered machines, 1880) Cutting and pressing Fabrics (e.g., Nylon, Lycra) Trade Marks Logo, brand
Copyright protection JUDr. Eva Ondřejová, LL.M. 30 What? Creative Works Literary (clothing patterns; databases, compare Db right), dramatic, musical, artistic (labels; fabrics) Films (directors and producers) Sound recordings (producers) Broadcast rights Fixation (material form) Content Subject matter definition (literary works, dramatic, musical, artistic works) Originality Status “Authorship” and place of publication How? Nature of the Rights (includes) Reproduction and copying Adaptation (translation and re-arrangement) Distribution (parallel imports) Communications to the public (Internet) Duration of the Rights 70 years after the death of the author (UK, Europe) 50 years after the recording (sound recordings)
Design law JUDr. Eva Ondřejová, LL.M. 31 What? aesthetic, industrial, functional (mass production) APPEARANCE of a PRODUCT How a product looks, not how it functions (patents) Shape, texture, colours, materials, ornamentation Consumer choice PRODUCT – any industrial or handicraft item, packaging e.g., handbags (mass-produced items) How? Community registered design (25 years) Community unregistered designs (3 years) Unregistered design right (UK) (15, last 5 as a licence of right) Copyright protection (25 years) 2-dimensional designs and surface decoration Application to more than 50 articles
Patent JUDr. Eva Ondřejová, LL.M. 32 What? New (has it been done before?) Inventive (is it obvious?) Useful (is it capable of being applied industrially?) How? Patent specification and description Fixation Defines the limits/scope of the invention (the claims) Sufficient (the disclosure must be meaningful) Exclusive rights for a limited period (20 years)
Trade mark JUDr. Eva Ondřejová, LL.M. 33 What? Consumer choice and protection Goodwill Brand identity and reputation Badge of origin Identify the goods or services Quality and reputation Badge of loyalty Distinguishing the goods or services Promotion of the goods or services Subject Matter 1. A SIGN 2. Capable of being registered GRAPHICALLY 3. Capable of DISTINGUISHING the goods or services of one undertaking from those of other undertakings How? Preserving distinctiveness of trading identity 10 years renewable (UK and Europe)
Use of drones JUDr. Eva Ondřejová, LL.M. 34 Police Army Journalism Personal use
Problems JUDr. Eva Ondřejová, LL.M. 35 Security Privacy Infringement Image rights Infringement Data Protection Surveillence BENEFITS
Free software JUDr. Eva Ondřejová, LL.M. 36 Terms and conditions IP license agreement Free? Open source
International standards on Defamation JUDr. Eva Ondřejová, LL.M Public v Private figures 2. Opinion v Statement of fact 3. Repeating statements of others 4. Righ to be wrong 5. Proportionality of sanction Derived from ECHR case law
ISP liability – threat to free speach? JUDr. Eva Ondřejová, LL.M. 38 Three types of Internet service providers Internet Iran Turkey family filters (Playboy, domain seizure, policy banned words – gay, girl, free, 1,5 mil. sites blocked moral values
Free speech? JUDr. Eva Ondřejová, LL.M. 39 Facebook Twitter Google
Summary JUDr. Eva Ondřejová, LL.M. 40 Who is data subject? What is access right? What is sensitive data? What is virtual property? What protects patent? What protects trade mark? Three elements of trade mark? What protects design law?
JUDr. Eva Ondřejová, LL.M. Thank you for your attention 41