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If you would like further information about how the issues raised in this update may affect your business please do not hesitate to contact one of our commercial & technology lawyers.

Peter James 
Partner 
0118 960 4634 
pjames@clarkslegal.com  

Rebecca Quinn 
Senior Solicitor 
0118 953 3980 
rquinn@clarkslegal.com  

Julia Wells
Paralegal 
0118 960 4637 
jwells@clarkslegal.com

Further information Minimize

This fact sheet is not intended to be a full summary of the law and advice should be sought on individual situations.

Clarkslegal LLP is a limited liability partnership registered in England and Wales. Registered number: OC308349. Registered office: One Forbury Square, The Forbury, Reading RG1 3EB. Solicitors regulated by the Solicitors Regulation Authority.

References to Partners are to members of Clarkslegal LLP.

Clarkslegal LLP is a member of the TAGLaw worldwide network of law firms.

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CommTech Newsletter September 2007

Is Big Brother watching you?

Concerns have been raised with the Information Commissioner’s Office (ICO) regarding the use of scanning equipment in pubs and clubs. This equipment captures identification information from documents such as driving licences and passports which are used for age and identification purposes.

Following these concerns, the ICO carried out an investigation to establish exactly how the equipment and the information it captured was being used ahead of issuing guidance to those using such equipment.

During the investigation, the equipment was demonstrated to the ICO. The scanning equipment captures only elective information from an identification document, such as a driving licence. It does not, for example, capture details of driving entitlement or of any medical restrictions.

In addition, considerable attention has been given to ensuring that the data captured is held securely and that only relevant information is available to door staff.

The ICO were satisfied that users of the equipment will not be in breach of the Data Protection Act 1998. It is, however, the responsibility of the establishments using this equipment to ensure that their use of it is fully compliant with the Data Protection Act 1998.

Any establishment using this equipment should explain clearly to customers what information is being captured and how it will be used.

The ICO will continue to visit several establishments using this equipment before producing informed, relevant guidance. www.ico.gov.uk

Broadband migration complaints

With complaints about broadband migrations standing at 250 per week, Ofcom has announced that it is extending its programme to monitor compliance by broadband service providers with the new MAC Broadband Migrations process.

In February this year, Ofcom imposed a new General Condition 22 (under section 45 of the Communications Act 2003) which requires most broadband service providers to comply with the MAC Broadband Migrations Process.

A Migration Authorisation Code (MAC) must be issued to any end user, customer or other provider requesting a migration from its current service provider.

The intended result is to enable end users to switch providers quickly and cheaply, if they wish to.

If the MAC process does not apply, communications providers must facilitate migration in a fair and reasonable manner, ensuring that migration is carried out within reasonable timescales and with minimal loss of service.

Share and share alike

On 13 August 2007 the Information Commissioner’s Office (ICO) launched a consultation on its new framework code of practice for sharing personal information. As increasing amounts of personal information are being shared, the code aims to help organisations adopt good practice when sharing information and complying with the Data Protection Act.

Organisations are being encouraged to use the framework code to produce their own codes of practice. The framework code addresses the main data protection issues, such as information security, accuracy of information and retention periods, and will help organisations make informed decisions about sharing personal information.

The framework code is designed to be flexible. Some organisations may adopt it in its entirety while others may extract some of the content and integrate it into existing policies. The framework code can also be used as a checklist to evaluate current procedures.

The framework code is available at: http://www.ico.gov.uk/about_us/consultations/our_consultations.aspx

Promoting awareness of film & TV copyright theft

A new website has been launched by The Industry Trust for Intellectual Property Awareness. It is hoped the site will raise awareness of the role and value of copyright in protecting the creative industries and the people working in those industries.

Information on copyright, advice for film makers and news items on legal developments of interest to the film and TV industries can all be found on the website. Details of forthcoming DVD and film releases are also published.

Go to: http://www.copyrightaware.co.uk

All go at the ICO

While for most, August is a time for holidays, it seems the Information Commissioner’s Office has been working flat out. Not only do they have the launch of a consultation period for the ICO’s new code of practice on the use of CCTV, but they also have a new framework code of practice for organisations which wish to share personal information.

To see the news pages of the ICO website log onto: www.ico.gov.uk

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