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Email: Law, Practice and Compliance

Email: Law, Practice and Compliance

Author: Stewart Room
Publisher: Law Society Publishing
ISBN: 9781853285943
Published In: December 2008
Format: Paperback , 400 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The use of email continues to increase year on year, and it has brought with it a plethora of legal issues. Organisations without effective email policies can leave themselves open to civil and criminal proceedings, as well as the cost of PR management and wasted system resources.

This book focuses on the legal aspects of email use. It sets out the legal and technical background to current law and then explores specific areas in which significant issues have arisen, such as:
- privacy
- defamation
- copyright
- access regimes
- criminal justice
- civil litigation.
The book covers relevant legislation such as the Data Protection Act 1998, the Freedom of Information Act 2000, and the regimes on interception of communications and criminal and civil evidence. It also considers case law including that on communications privacy (Copland v. UK, Fosh v. Cardiff University) and confidentiality (Coco v. Clark).
1. A complex, misunderstood character - the history and technology of email;
2. Legislating for confidence - laws to encourage acceptance, take-up and use;
3. Communications privacy - protecting rights and protecting society;
4. Substantive law issues - new media, old problems;
5. Access regimes - opening Pandora's Box;
6. Crime and law enforcement - detectives and data analysts;
7. Civil litigation - e-disclosure and email as evidence;
8. Jurisdiction and governing law - from A to B and across the sea;
9. Regulatory law - modifying behaviour and curing imperfections;
10. Organisational compliance - intelligent v. stupid processing.
Stewart Room, a partner in Field Fisher Waterhouse's Technology Law Group, is a dual qualified barrister and a solicitor with considerable expertise in privacy, data protection and data security law matters. He is the Financial Times Legal Innovator of the Year 2008, and is rated as a leading individual in the field of data protection by the legal directory Chambers UK. He is author of Data Protection and Compliance in Context and author and editor of the data protection chapter in Goode: Consumer Credit Law and Practice. Stewart is the elected President of the National Association of Data Protection and Freedom of Information Officers.