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Information: Case Law, Legislation, Links 01-07-15

Copyright, Trade Marks, Patents, Information Law etc

Information: Case Law, Legislation, Links 01-07-15

Postby dls » Wed Jul 01, 2015 10:00 am

Data Protection, confidence, freedom of information, internet media.
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    Bonnier Audio AB -v- Perfect Communication Sweden AB; ECJ 19-Apr-2012 - The applicants, publishers with exclusive rights to reproduce etc, certain audio books, claimed that their exclusive rights had been infringed by the public distribution of the works without their consent by means of a file transport protocol server which allowed file sharing and data transfer between computers connected to the internet. The applicants applied to a district court for disclosure of the IP addresses from which it was assumed that the files in question had been sent.
    Conway -v- Rimmer; HL 28-Feb-1968 - The House considered a claim for public interest immunity from discovery in civil actions of documents and information in the hands of the police.
    Corporate Officer of the House of Commons -v- The Information Commissioner and others; Admn 16-May-2008 - Applicants had sought disclosure of information supplied by members of Parliament in support of expenses claims. The Office appealed an order from the Commissioner to produce that information, saying that the actions of Parliament are not subject to judicial control or review.
    Kennedy -v- The Information Commissioner and Another; CA 12-May-2011 - The claimant, a journalist, sought further information from the Charity Commission after the release of three investigations into the ‘Mariam Appeal’ and questions about the source and use of its funds. The Commission replied that it was exempt under section 32.
    Norwich Pharmacal Co and others -v- Customs and Excise Commissioners; HL 26-Jun-1973 - The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their patents.
    Held: If someone, even innocently became involved in tortious acts committed by third parties, he became under a duty assist in discovery of the identity of the third party wrongdoers. How the information was acquired was not relevant. Duties of confidence owed by taxation authorities could be overborne if necessary.
    Totalise Plc -v- Motley Fool Ltd and Another; QBD 15-Mar-2001 - A web site operator who declined responsibility for the moderation of a chat room on the site, but did take steps to remove a poster making defamatory remarks, could not rely upon the Act to resist disclosure of the identity of the author. The Act was intended to protect those who themselves accepted responsibility. In any event the interests of justice would have required the name to be revealed, overriding any obligations under the Data Protection Act.
    Totalise Plc -v- The Motley Fool Limited and Interative Investor Limited (2); CA 19-Dec-2001 - The respondent operated a web site which contained a chat room. Defamatory remarks were made by a third party through the chat room, and the claimant sought details of the identity of the poster. The respondent refused to do so without a court order. One was applied for, and the claimant was given the information and given his costs. The respondents appealed that costs order. I
Legislation:
    1911
    1920
    1939
    1958
      Public Records Act 1958 / 51 -|- Case law -|- See Also: Administrative
      An Act to make new provision with respect to public records and the Public Record Office, and for connected purposes.[23
      [/list]
      1967
        Public Records Act 1967 / 44 -|- Case law -|- See Also: Administrative
        An Act to reduce the period of fifty years specified in section 5(1) of the Public Records Act 1958 as that for which certain public records must have been in existence for them to be available for public inspection.
      1974
        Rehabilitation of Offenders Act 1974 / 53 -|- Case law -|- See Also: Criminal Sentencing, Defamation, Media
        An Act to rehabilitate offenders who have not been reconvicted of any serious offence for periods of years, to penalise the unauthorised disclosure of their previous convictions, to amend the law of defamation, and for purposes connected therewith.
      1984
      1988
        Access to Medical Reports Act 1988 / 28 -|- Case law -|- See Also:, Health, Health Professions
        An Act to establish a right of access by individuals to reports relating to themselves provided by medical practitioners for employment or insurance purposes and to make provision for related matters.
      1989
        Official Secrets Act 1989 / 6 -|- Case law -|- See Also:, Administrative, Crime
        An Act to replace section 2 of the Official Secrets Act 1911 by provisions protecting more limited classes of official information.
      1990
        Access to Health Records Act 1990 / 23 -|- Case law -|- See Also:, Health Professions
        An Act to establish a right of access to health records by the individuals to whom they relate and other persons; to provide for the correction of inaccurate health records and for the avoidance of certain contractual obligations; and for connected purposes.
      1991
        Census (Confidentiality) Act 1991 / 6 -|- Case law -|- See Also: Administrative
        An Act to make provision with respect to the unlawful disclosure of information acquired in connection with the discharge of functions under the Census Act 1920; and for connected purposes.
      1997
        The Copyright in Databases Regulations 1997 / 3032 -|- Case law -|- See Also: Intellectual Property
        Now, therefore, the Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to copyright and measures relating to the prevention of unauthorised extraction of the contents of a database and of unauthorised re-utilisation of those contents(3), in exercise of the powers conferred by section 2(2) and (4) of that Act, hereby makes the following Regulations:—
      1998
        Data Protection Act 1998 / 29 -|- Case law
        An Act to make new provision for the regulation of the processing of information relating to individuals, including the obtaining, holding, use or disclosure of such information.
      2000
      2002
      2003
      2004
      2005
        The Re-use of Public Sector Information Regulations 2005 / 1515 -|- Explanatory Note -|- Case law -|- See Also: Administrative, European
        The Minister for the Cabinet Office, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 for the regulation of the re-use of public sector information, in exercise of the powers conferred by that section enabling him on that behalf, hereby makes the following Regulations:
      2006
      2009
      2010
        Constitutional Reform and Governance Act 2010 / 25 -|- Explanatory Note -|- Case law -|- See Also: Scotland, Elections, Constitutional
        An Act to make provision relating to the civil service of the State; to make provision in relation to section 3 of the Act of Settlement; to make provision relating to the ratification of treaties; to make provision relating to the counting of votes in parliamentary elections; to amend the Parliamentary Standards Act 2009 and the European Parliament (Pay and Pensions) Act 1979 and to make provision relating to pensions for members of the House of Commons, Ministers and other office holders; to make provision for treating members of the House of Commons and members of the House of Lords as resident, ordinarily resident and domiciled in the United Kingdom for taxation purposes; to amend the Government Resources and Accounts Act 2000 and to make corresponding provision in relation to Wales; to amend the Public Records Act 1958 and the Freedom of Information Act 2000.
      2012
        Protection of Freedoms Act 2012 / 9 -|- Explanatory Note -|- Case law -|- See Also: Police, Human Rights, Crime
        An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric information relating to children; to provide for a code of practice about surveillance camera systems and for the appointment and role of the Surveillance Camera Commissioner; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehicles left on land; to amend the maximum detention period for terrorist suspects; to replace certain stop and search powers and to provide for a related code of practice; to make provision about the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority; to disregard convictions and cautions for certain abolished offences; to make provision about the release and publication of datasets held by public authorities and to make other provision about freedom of information and the Information Commissioner; to make provision about the trafficking of people for exploitation and about stalking; to repeal certain enactments; and for connected purposes.
        Data Protection (Processing of Sensitive Personal Data) Order 2012 / 1978 -|- Explanatory Note -|- Case law
      2013
        Enterprise and Regulatory Reform Act 2013 / 24 -|- Case law -|- See Also: Banking, Commercial, Intellectual Property, Insolvency
        An Act to make provision about the UK Green Investment Bank; to make provision about employment law; to establish and make provision about the Competition and Markets Authority and to abolish the Competition Commission and the Office of Fair Trading; to amend the Competition Act 1998 and the Enterprise Act 2002; to make provision for the reduction of legislative burdens; to make provision about copyright and rights in performances; to make provision about payments to company directors; to make provision about redress schemes relating to lettings agency work and property management work; to make provision about the supply of customer data; to make provision for the protection of essential supplies in cases of insolvency; to make provision about certain bodies established by Royal Charter; to amend section 9(5) of the Equality Act 2010; and for connected purposes.
      2014
        Local Audit and Accountability Act 2014 / 2 -|- Explanatory Note -|- Case law -|- See Also: Local Government
        An Act to make provision for and in connection with the abolition of the Audit Commission for Local Authorities and the National Health Service in England; to make provision about the accounts of local and certain other public authorities and the auditing of those accounts; to make provision about the appointment, functions and regulation of local auditors; to make provision about data matching; to make provision about examinations by the Comptroller and Auditor General relating to English local and other public authorities; to make provision about the publication of information by smaller authorities; to make provision about compliance with codes of practice on local authority publicity; to make provision about access to meetings and documents of local government bodies; to make provision about council tax referendums; to make provision about polls consequent on parish meetings; and for connected purposes
        Data Retention and Investigatory Powers Act 2014 / 27 -|- Explanatory Note -|- Case law -|- See Also: Police, Media
        An Act to make provision, in consequence of a declaration of invalidity made by the Court of Justice of the European Union in relation to Directive 2006/24/EC, about the retention of certain communications data; to amend the grounds for issuing interception warrants, or granting or giving certain authorisations or notices, under Part 1 of the Regulation of Investigatory Powers Act 2000; to make provision about the extra-territorial application of that Part and about the meaning of 'telecommunications service' for the purposes of that Act; to make provision about additional reports by the Interception of Communications Commissioner; to make provision about a review of the operation and regulation of investigatory powers; and for connected purposes.

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dls
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