1. APEC Engineers Workshop Legal Considerations - Central Register Sept 2015 Angela Frawley, General Counsel

2. Outline Aim of the Register Privacy Security IP/Copyright Creating the Register Summary Discussion points

3. The Central Register What is the aim of register? –OPTION 1: Simple listing of all APEC recognised engineers: name/qualifications/discipline/home economy Benefits –Strength in numbers –Capture broader relevant information VISA status languages spoken membership & affiliations registrant availability

4. Notes: Central APEC Register Vs OPTION 2 –List of APEC engineers plus additional commercial functionality: Procurement - listing job vacancies in region Listing project tenders Shared know-how Professional development opportunities Notification of APEC engineers activities Third party advertising –Benefit Generate potential revenue stream to support development and maintenance of Register Dynamic platform

5. Legal Considerations Clear primary aim and focus on features that enhance and promote that aim Be mindful of commercial drivers and legal considerations that may undermine primary aim Must have uniformity in approach to be effective Overarching legal issues –Privacy –Security Other commercially driven issues –IP –Copyright –Contracts

6. Privacy Whether central register is stand alone or links back to established registers, protecting privacy of personal information whilst maintaining information flows among Economies will be key Whilst notion of a central register offers great potential benefits to registrants, Economies, governments and businesses, individuals need to be assured that there are appropriate measures of protection over their personal information Fortunately, APEC Economies have endorsed the APEC Privacy Framework (2004) and committed to IAPs or Individual Action Plans

7. APEC Privacy Framework This privacy framework is: –principles-based –promotes consistent approach to protecting information across APEC Economies with established privacy laws and others where privacy as a notion is still being considered –balances privacy with commercial interests http://publications.apec.org/publication-detail.php?pub_id=390 Personal information means any information about an identified or identifiable individual 9 privacy principles

8. Notice Limit Collection Prevent Harm Choice Purpose Integrity Access Security Accountability

9. Security Security – closely linked with privacy –Adequate security of personal information on the central register, proportionate to content and perceived risk of mis-use –Where will the information ‘reside’? Physical server vs Cloud based solutions, ensure access and administration requirements are clear. May be harder to ensure security and encryption on public Clouds Backing up data

10. Other Legal Considerations In context of a broader register: –IP: who will own IP in register and developed functions itself? shared ownership and responsibility may impact contracts –Copyright in any creative works appearing on the platform Right/licence to reproduce the work, permission of copyright owner Identifying any material in which copyright exists –Contracts with 3P users (eg advertisers or sponsors). Who is the contracting entity?

11. Legal elements – creating a Central Register Memorandum of Co-Operation: –Create development arrangement between participating Economies –Appoint implementation leader –Confirm work plans –Confirm where register will ‘reside’. –Settle IP issues –Agree costs

12. Summary Be clear on purpose Consider rights and obligations and legal ramifications on various users: –Registrants –Economies –Other 3P users Simple legal framework for implementation Ongoing administration and management

13. Discussion points Scope –what is the aim and what will the central register look like? Consider financial and other contributions Terms of Use –Working group to determine appropriate policies re privacy, security etc Administration –Who will take on this role? –How will the register be sustained?