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E-Privacy and Online Data Protection (2nd edition)

E-Privacy and Online Data Protection (2nd edition)

Author: Susan Singleton; Eduardo Ustaran
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781845924492
Published In: January 2008
Format: Paperback + CD-ROM , 304 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details
E-Privacy and Online Data Protection is the essential tool for in-house lawyers working in companies that trade electronically and handle information relating to individuals. With its authoritative and easy-to-follow explanations this report will give you all the information you need to operate lawfully online while respecting the privacy of your staff and customers.

Its comprehensively updated content and cutting-edge commentary make this Special Report the only way to keep up-to-date with current legal practice in an area of law and technology that has seen major upheaval and unprecedented change in recent years.

For less than the price of an hour's consultancy, you'll have all the targeted information it contains at your fingertips, ready for immediate use as and when issues arise. You won't just be saving time - by doing away with the need for costly external advice, you'll be saving precious resources for your company too.

This new second edition will answer the following questions with confidence and clarity:
- Does my website gather data in an effective and legal way?
- Can I lawfully send marketing emails and other communications to my customers and prospective customers?
- What does “fair and lawful processing” of data entail?
- Do I need a Privacy Policy and if so, what should it contain?
- How does the Information Commissioner’s Employment Code affect my business?
- Can I read my employees’ emails and internet details at work and control their blogs and on–line pages?
- How can I minimise liability for staff misuse of email?
- How can I ensure safe and legal transfer of data outside the UK?
- Contains E-privacy guidance notes from the Information Commissioner’s Office
It is accompanied by a CD-ROM containing 13 useful Precedents:
- Website Privacy Policy
- Opt-out and opt-in
- Confidentiality agreement between data controller and data processor
- Data processing agreement with Internet Service Provider
- Variation to existing agreement with Internet Service Provider
- Data processing agreement with Internet Service Provider based outside the European Economic Area
- Standard contractual clauses for transfers of personal data outside the European Economic Area
- Standard contractual clauses for transfers of personal data to a signatory of the United States ‘Safe Harbor’ programme
- Notice and disclaimer for e-mail footer
- Employee code of conduct for the use of communication
- Variation to employment contract regarding the code of conduct for the use of communications
- Communication regarding updates to the Privacy Policy
- Standard data protection warranties for corporate transactions
Together these precedents - and the many other priceless insights included in the Special Report - provide a definitive understanding of the issues involved, and an essential resource for everyone affected by them.
Chapter 1. Introduction to Privacy Law
- 1.1 What is privacy?
- 1.2 Significant privacy case law
- 1.3 Statutory framework
- 1.4 United States privacy law
Chapter 2. The Acquisition of Customer Information
- 2.1 First Contact
- 2.2 Fair and lawful processing – the ‘fair collection’ notice
- 2.3 User registration page – obtaining consent
- 2.4 User registration page – requesting excessive data
- 2.5 Sensitive personal data
- 2.6 M-commerce and location data
- 2.7 Privacy policies
- 2.8 Acquiring customer databases
- 2.9 Jurisdictional issues
Chapter 3. Managing Privacy On-Line
- 3.1 The Data Protection Principles
- 3.2 Legitimising personal data processing
- 3.3 The notification system
- 3.4 Subject access rights
- 3.5 Automated decisions
- 3.6 The right to demand cessation of processing
- 3.7 Rectification, blocking, erasure and destruction
- 3.8 Data retention
- 3.9 Disclosure of data to third parties
- 3.10 Cookies
- 3.11 Appointing a privacy officer
- 3.12 The role of the Information Commissioner
- 3.13 Sanctions for breaching the Data Protection Act 1998
- 3.14 UK Websites Study 2002
- 3.15 Web Sites and Disability access
Chapter 4. Electronic Direct Marketing
- 4.1 Legitimising direct marketing
- 4.2 The information requirements
- 4.3 The ‘fair obtaining’ requirements
- 4.4 Case law
- 4.5 Using sensitive personal data in direct marketing
- 4.6 The right to prevent direct marketing
- 4.7 Direct marketing using telecommunications systems
- 4.8 The preference services
- 4.9 Use of cookies in direct marketing
- 4.10 Banner advertisements
- 4.11 Unsolicited e-mails (‘spam’)
- 4.12 Checklist for websites
Chapter 5. Using Others to Process Data
- 5.1 Outsourcing personal data processing
- 5.2 The nature of a data processor
- 5.3 Choice of processor
- 5.4 Processor versus controller
- 5.5 The need for a written contract
- 5.6 Other obligations of the controller
- 5.7 Foreign data processors
- 5.8 Data retention
Chapter 6. Location of Server and Data Exports
- 6.1 Introduction
- 6.2 The significance of server location
- 6.3 The nature of the export rules
- 6.4 Transfers to which the ban is irrelevant
- 6.5 Getting around the ban
- 6.6 Contractual solutions
- 6.7 Safe Harbor
- 6.8 United States transfers – contract or Safe Harbor?
- 6.9 Codes of Conduct
- 6.10 Checklist for websites
Chapter 7. E-Surveillance at Work
- 7.1 E-mails
- 7.2 Website monitoring
- 7.3 CCTV
- 7.4 Communications policies
- 7.5 Blogs at Works
- 7.6 Summary
Written by Susan Singleton, with Precedents by Eduardo Ustaran