New Weapon Against Enforced Subject Access

It will soon be a criminal offence to require someone to make a subject access request and reveal the result.

(17/02/14)

Defamation Act 2013

The purpose of the reforms is to ensure that defamation legislation is fit for modern times.  The changes aims to strike a balance between the right to freedom of expression and the protection of reputation. The Act will take effect from 1 January 2014 together with the Defamation (Operators of Websites) Regulations 2013.  

(09/01/14)

Enterprise and Regulatory Reform Act 2013 (Updated 10 June 2013)The Enterprise and Regulatory Reform Act 2013 received Royal Assent on 25 April 2013.  The new legislation will effect the UK's current intellectual property regime.  Changes include the fact that orphan works will be licensed for use for the first time.   (10/06/13)
The Legal Deposit Libraries (Non-Print Works) Regulations 2013

Government commits April 2013 as the date for introducing Legal Deposit regulations for non-print materials.  The Non-Print Legal Deposit regulations enable the British Library and the UK legal deposit libraries to collect, store and preserve the nation's memory in the digital age. The content will include online articles and books, and websites.

(30/04/13)

Defamation Bill Set to Bite the Dust?
It is reported that the proposed Defamation Bill is no longer expected to become law. (07/03/13)

Software Functionality Not Protected by Copyright (11 February 2013)
The High Court has ruled that copyright does not protect the functionality of a computer program and programming language. (11/02/13)

Report on Draft Communications Data Bill due to be published (5 December 2012)
The Draft Communications Bill currently making its way through the legislative process has implications for the UK academic network. (05/12/12)

Nominet’s Dispute Procedure is Authoritative (7 September 2012)
Nominet decisions cannot be appealed by the back door to the courts. Rightsholders and registrants must get a DRS action right in the first place. (07/09/12)

Software Functionality Not Protected by Copyright (27 July 2012)
The European Court of Justice in a reference for a preliminary ruling recently confirmed that copyright does not protect the functionality of a computer program and programming language. (27/07/12)

Websites Forced to Identify Trolls (12 June 2012)
New government proposals, to be added to the Defamation Bill, state that internet 'trolling' victims have a right to know who is behind the malicious comments made about them.   (12/06/12)

Digital Economy Act's Anti-Piracy Measured Delayed (1 May 2012)
The Digital Economy Act 2010 was given royal assent late on Thursday, 8 April 2010, following the final reading of the Digital Economy Bill in the House of Commons, the previous night. (01/05/12)

New Legal Opinion on Resale of Software (27 April 2012)
A recent Opinion for the European Court of Justice (ECJ) has taken a pragmatic approach to the law surrounding the resale of unwanted computer programs. (27/04/12)

Ignorance No Defence to Copyright Infringement (27 January 2012)
Belief that copyright permission has been granted is no defence to infringement of copyright if no valid permission was, in fact, given. (27/01/12)

What Does the New "Cookie" Legislation Require us to do? (15 December 2011)
The law has changed that applies to how institutions must use cookies. (15/12/11)

Updated Guidance by the ICO on Cookies (14 December 2011)
Guidance has been issued by the ICO on how the rules apply for those operating websites and using cookies. (14/12/11)

Personal Opinions Online Subject to the DPA (9 December 2011)
The High Court states that even where private individuals are expressing their own views online the requirements of lawful processing in the DPA can apply. (09/12/11)

Defamation - Academics to get Increased Protection (20 October 2011)
Joint Committee report on defamation law recommends new notice and take-down internet procedures as well as increased protection for scientists and academics. (20/10/11)

Preece v JD Wetherspoons plc – Employee’s Facebook Comments Constitute Gross Misconduct (18 October 2011)
Recent case law has highlighted the risks of posting inappropriate comments to social networking sites and the importance of institutions having in place a robust internet use policy for both staff and learners, including a policy on the use of social media, to manage such risks. (18/10/11)

INSPIRE Regulations 2009 (14 September 2011)
Came into force on 31 December 2009.   
(14/09/11)

Newspaper Headlines Can Attract Copyright Protection (31 August 2011)
(NLA) v Meltwater - In the particular circumstances of commercial news headlines and their monitoring and copying for commercial gain much of the content will attract copyright protection. (31/08/11)

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The Copyright and Rights in Performances (Disability) Regulations 2014

The main effect of these particular regulations is to extend the current law, which applies only to the visually impaired, to all disabled persons with physical or mental impairment which prevents them enjoying a copyright work to the same extent as someone without the disability.

(09/04/14)

Significant Copyright Changes for Teaching and Learning

Dates have been announced for the introduction of important changes to copyright law.

(19/12/13)

Digital Economy Act's Anti-Piracy Measured Delayed (1 May 2012)
The Digital Economy Act 2010 was given royal assent late on Thursday, 8 April 2010, following the final reading of the Digital Economy Bill in the House of Commons, the previous night. (01/05/12)

Further Updated Guidance Available on Equality Duties (11 January 2012)
The Public Sector Equality Duty Guidance for Wales is now available and includes eight guides on the specific duties. (11/01/12)

Jan 2012 Deadline for Institutions' Compliance with Equality Duty (15 November 2011)
The Equality Act 2010 (Specific Duties) Regulations 2011 are now in force and require that Equality Duty compliance information must be published by the end of January 2012. (15/11/11)

New Equality Obligations in Place This Week (5 April 2011)
The general Equality Duty under the Equality Act 2010 comes into force this week (5/04/2011) and places three broad requirements on the public sector including colleges and universities. (05/04/11)

Delay to Equality Act Specific Equality Duties Announced (17 March 2011)
The Draft Equality Act (Statutory Duties) Regulations 2011 for England have been withdrawn by the government for further review. (17/03/11)

Guidance on the Equality Act 2010 (16 September 2010)
The Equality and Human Rights Commission has issued specific guidance for education providers, employers, workers, service providers and service users.   (16/09/10)

Wanted - Your Views on New Public Sector Equality Duty (20 August 2010)
A consultation by the GEO seeks views on proposals for draft regulations on the new public sector equality duty.
(20/08/10)

Equality Act Receives Royal Assent (14 April 2010)
On 8 April 2010 the Equality Act received royal assent after completing its parliamentary process. (14/04/10)

Don't Bank on Disability Alternatives Being Reasonable (19 February 2010)
The Royal Bank of Scotland recently lost their appeal against the decision that they were in breach of the Disability Discrimination Act 1995.   (19/02/10)

The Equality Bill (4 December 2009)
On the 24 April 2009 the Equality Bill was introduced in the House of Commons and was published on 27 April with a view to achieving Royal Assent in the spring 2010.
(04/12/09)

Defining Disability Discrimination: A Judicial Update (7 July 2008)
The House of Lords, in the case of London Borough of Lewisham v Malcolm [2008] UKHL 43, clarifies the meaning of "less favourable treatment" in relation to disability discrimination. (07/07/08)

European Conformity for Accessibility Requirements in Public Procurement of ICT (2 July 2008)
The European Commission has published a draft report called "Conformity assessment systems and schemes for accessibility requirements" . (02/07/08)

New Weapon Against Enforced Subject Access

It will soon be a criminal offence to require someone to make a subject access request and reveal the result.

(17/02/14)

Defamation Act 2013

The purpose of the reforms is to ensure that defamation legislation is fit for modern times.  The changes aims to strike a balance between the right to freedom of expression and the protection of reputation. The Act will take effect from 1 January 2014 together with the Defamation (Operators of Websites) Regulations 2013.  

(09/01/14)

Tribunal Decision Highlights Importance of Academic Freedom (23 August 2013)

The First Tier Information Rights Tribunal has upheld the decision of the ICO to support Queen Mary, University of London’s refusal to release minutes from a clinical trial requested under Freedom of Information.

(23/08/13)

New Plans for Defamation Law and Communications Data (21 May 2012)
Improving the protection of freedom of speech and increasing access to vital communications, including internet use, are proposed in the Queen's speech. (21/05/12)

Digital Economy Act's Anti-Piracy Measured Delayed (1 May 2012)
The Digital Economy Act 2010 was given royal assent late on Thursday, 8 April 2010, following the final reading of the Digital Economy Bill in the House of Commons, the previous night. (01/05/12)

Personal Opinions Online Subject to the DPA (9 December 2011)
The High Court states that even where private individuals are expressing their own views online the requirements of lawful processing in the DPA can apply. (09/12/11)

Jan 2012 Deadline for Institutions' Compliance with Equality Duty (15 November 2011)
The Equality Act 2010 (Specific Duties) Regulations 2011 are now in force and require that Equality Duty compliance information must be published by the end of January 2012. (15/11/11)

EU Data Protection Law Update on the Horizon (9 November 2011)
The EU Commission is tasked with producing proposals to reform the 1995 EU Data Protection Directive by the end of January 2012. (09/11/11)

Preece v JD Wetherspoons plc – Employee’s Facebook Comments Constitute Gross Misconduct (18 October 2011)
Recent case law has highlighted the risks of posting inappropriate comments to social networking sites and the importance of institutions having in place a robust internet use policy for both staff and learners, including a policy on the use of social media, to manage such risks. (18/10/11)

What's Personal and What's Anonymous Data? (16 June 2011)
A data controller is able to anonymise originally-personal data to make it free of data protection law constraints. (16/06/11)

New Equality Obligations in Place This Week (5 April 2011)
The general Equality Duty under the Equality Act 2010 comes into force this week (5/04/2011) and places three broad requirements on the public sector including colleges and universities. (05/04/11)

Delay to Equality Act Specific Equality Duties Announced (17 March 2011)
The Draft Equality Act (Statutory Duties) Regulations 2011 for England have been withdrawn by the government for further review. (17/03/11)

New Law on Cookies Coming into Force (8 March 2011)
New law gives individuals more control over what information organisations can store on their computer. (08/03/11)

Proposed New EU Rules to have Child Pornography Online Deleted (16 February 2011)
The EU has taken a step towards common rules for cracking down on those who sexually abuse children and post images of the abuse on the internet. (16/02/11)

Digital Economy Act Progresses Despite Judicial Review (26 January 2011)
A Statutory Instrument has been set out on costs sharing for rights holders and ISPs in implementing the Digital Economy Act.  (26/01/11)

EC Consultation on IPR Enforcement- Get Involved (13 January 2011)
The European Commission has announced a consultation on the Commission report on the enforcement of intellectual property rights. (13/01/11)

Digital Economy Act Subject to Judicial Review (11 November 2010)
The controversial Digital Economy Act (DEA) is to be reviewed by the High Court and subject to a Parliamentary enquiry
(11/11/10)

Copyright Laws Fit for Internet Age (5 November 2010)
A recent official announcement by David Cameron states UK intellectual property laws are to be reviewed to make them “fit for the internet age”.  (05/11/10)

What Constitutes Personal Data? (6 October 2010)
Data protection law needs to provide more clarity on what actually constitutes personal data. (06/10/10)

Wanted - Your Views on New Public Sector Equality Duty (20 August 2010)
A consultation by the GEO seeks views on proposals for draft regulations on the new public sector equality duty.
(20/08/10)

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Court of Appeal Rules on Meaning of Personal Data
The Information Rights Tribunal has ruled that the names of three junior members of staff who dealt with complaints made to the Financial Services Authority should have been disclosed as part of a Freedom of Information request.  (21/02/14)

Defamation Act 2013

The purpose of the reforms is to ensure that defamation legislation is fit for modern times.  The changes aims to strike a balance between the right to freedom of expression and the protection of reputation. The Act will take effect from 1 January 2014 together with the Defamation (Operators of Websites) Regulations 2013.  

(09/01/14)

Tribunal Decision Highlights Importance of Academic Freedom (23 August 2013)

The First Tier Information Rights Tribunal has upheld the decision of the ICO to support Queen Mary, University of London’s refusal to release minutes from a clinical trial requested under Freedom of Information.

(23/08/13)

Freedom of Information (Amendment) (Scotland) Act 2013

A date is set for this Act to come into force.  The Act amends the Freedom of Information (Scotland) Act  2002, in some technical respects. 

(31/05/13)

New Bill Seeks to Reform UK IP Laws

A new Intellectual Property Bill proposes changes to the UK's intellectual property regime.  The changes are being brought in an attempt to simplify patent and design protection laws and to help businesses be better off as a result of the changes. 

(13/05/13)

HE Model Publication Scheme – Highlights of changes in Updated Definition Document for HEIs (31 January 2013)
In this updated “Definition document for universities and other higher education institutions” the ICO sets out in some detail guidance on the types of information it expects public bodies across different sectors to pro-actively publish. (31/01/13)

Scotland Aims to Strengthen FOI Legislation (19 June 2012)
A new bill seeking to strengthen Scotland's freedom of information legislation is being considered by their government. (19/06/12)

Protection of Freedoms Act 2012 (4 May 2012)
The Protection of Freedoms Act, 2012 achieved royal assent on 01 May 2012. (04/05/12)

Is FOI Too Costly for Public Authorities? (21 December 2011)
The UK Government has highlighted the cost burden which may be placed on public authorities in complying with some FOI requests for information. (21/12/11)

Personal Opinions Online Subject to the DPA (9 December 2011)
The High Court states that even where private individuals are expressing their own views online the requirements of lawful processing in the DPA can apply. (09/12/11)

Jan 2012 Deadline for Institutions' Compliance with Equality Duty (15 November 2011)
The Equality Act 2010 (Specific Duties) Regulations 2011 are now in force and require that Equality Duty compliance information must be published by the end of January 2012. (15/11/11)

Protection of Freedoms Bill (13 October 2011)
Proposals in the Protection of Freedoms Bill include amending the Freedom of Information Act 2000 to create a new ‘right to data’ so that government-held datasets can be requested and used by the public. (13/10/11)

INSPIRE Regulations 2009 (14 September 2011)
Came into force on 31 December 2009.   
(14/09/11)

Government Launches Open Data Consultation (5 August 2011)
The Government has launched a consultation on Open Data.   (05/08/11)

How does the Climate Change Act 2008 affect colleges and universities? (20 June 2011)
The Climate Change Act 2008 requires colleges and universities, directly or indirectly, to take action to reduce carbon emissions in order to contribute to the national targets for carbon reduction... (cont'd) (20/06/11)

What's Personal and What's Anonymous Data? (16 June 2011)
A data controller is able to anonymise originally-personal data to make it free of data protection law constraints. (16/06/11)

Scottish Information Commissioner Latest News Round Up (30 March 2011)
Inform, the Scottish Information Commissioner’s latest newsletter on relevant FOI related legal developments and recent decisions includes a roundup of decisions considering whether remuneration -related information of public authority staff should be disclosed. (30/03/11)

New ICO Decision on FOI Act 2000 s 36 – Prejudicial to the Effective Conduct of Public Affairs (23 March 2011)
This latest decision on disclosure of information prejudicial to the effective conduct of public affairs as it applies to statistical information outlines the ICO current thinking on the application of the prejudice and public interest tests. 
  (23/03/11)

New Law on Cookies Coming into Force (8 March 2011)
New law gives individuals more control over what information organisations can store on their computer. (08/03/11)

Scottish Information Commissioner's New Approach to FOI Publication Schemes (14 February 2011)
The Scottish Information Commissioner pilots a single model publication scheme for public authorities from Feb 2011.
(14/02/11)

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Court of Appeal Rules on Meaning of Personal Data
The Information Rights Tribunal has ruled that the names of three junior members of staff who dealt with complaints made to the Financial Services Authority should have been disclosed as part of a Freedom of Information request.  (21/02/14)

New Weapon Against Enforced Subject Access

It will soon be a criminal offence to require someone to make a subject access request and reveal the result.

(17/02/14)

Tribunal Decision Highlights Importance of Academic Freedom (23 August 2013)

The First Tier Information Rights Tribunal has upheld the decision of the ICO to support Queen Mary, University of London’s refusal to release minutes from a clinical trial requested under Freedom of Information.

(23/08/13)

Sixth Form Colleges and Data Protection (28 August 2012)
A Decision published by the Information Commissioner’s Office (ICO) regarding the accidental release of personal data to students in a sixth form college, highlights the need for all colleges to have in place appropriate practices and procedures to ensure compliance with data protection law. (28/08/12)

New Plans for Defamation Law and Communications Data (21 May 2012)
Improving the protection of freedom of speech and increasing access to vital communications, including internet use, are proposed in the Queen's speech. (21/05/12)

Protection of Freedoms Act 2012 (4 May 2012)
The Protection of Freedoms Act, 2012 achieved royal assent on 01 May 2012. (04/05/12)

Proposed New Rules on Data Protection Unveiled (26 January 2012)
The new proposals aim to update and harmonise the current EU data protection regime including strengthening individuals' rights. (26/01/12)

Proposal for General DP Regulation Faces Delay (13 January 2012)
Further to our news posting last month, we can confirm that the proposal for the review of the EU Directive (95/46/EC) has been delayed until late February/March. (13/01/12)

What Does the New "Cookie" Legislation Require us to do? (15 December 2011)
The law has changed that applies to how institutions must use cookies. (15/12/11)

Updated Guidance by the ICO on Cookies (14 December 2011)
Guidance has been issued by the ICO on how the rules apply for those operating websites and using cookies. (14/12/11)

Explicit Consent to be a Requirement in New Data Protection Law (14 December 2011)
A leaked draft EU regulation reveals that legal requirements under data protection law will be tightened up. (14/12/11)

Personal Opinions Online Subject to the DPA (9 December 2011)
The High Court states that even where private individuals are expressing their own views online the requirements of lawful processing in the DPA can apply. (09/12/11)

EU Data Protection Law Update on the Horizon (9 November 2011)
The EU Commission is tasked with producing proposals to reform the 1995 EU Data Protection Directive by the end of January 2012. (09/11/11)

Protection of Freedoms Bill (13 October 2011)
Proposals in the Protection of Freedoms Bill include amending the Freedom of Information Act 2000 to create a new ‘right to data’ so that government-held datasets can be requested and used by the public. (13/10/11)

INSPIRE Regulations 2009 (14 September 2011)
Came into force on 31 December 2009.   
(14/09/11)

Government Launches Open Data Consultation (5 August 2011)
The Government has launched a consultation on Open Data.   (05/08/11)

What's Personal and What's Anonymous Data? (16 June 2011)
A data controller is able to anonymise originally-personal data to make it free of data protection law constraints. (16/06/11)

New ICO Regulations - Unwanted Emails - Cookies (27 April 2011)
Fines of up to £500,000 for the most serious incidents of sending unwanted emails. (27/04/11)

Budget Indicates Future Areas of Law Reform (24 March 2011)
The Budget supporting papers have indicated various proposed actions including a new Communications Act and proposals relating to intellectual property. (24/03/11)

New Law on Cookies Coming into Force (8 March 2011)
New law gives individuals more control over what information organisations can store on their computer. (08/03/11)

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Law Watch

JISC Legal closely monitors recent case decisions and current or forthcoming legislation in order to identify the potential legal implications for the use of ICT in the education sector.  For each case or decision, we clarify what it will mean for those working in HE and FE and provide a direct link to the relevant publication.

Guidance
  • Copyright/IPR
  • Data Protection
  • Freedom of Information
  • Human Rights
  • Hosting Liability
  • Equality, Disability & the Law
  • Computer Misuse