Social Ntworking Sites.

Anna Raccoon wrote:

Couldn't say anything earlier because I was waiting for an embargo to pass on some news from the EU.

I
know the law is dry and dusty and extremely boring, and there is noting
more boring than European law, but trust me - this bit is not boring.

The
EU privacy watchdog has just ruled that 'social networking sites' - ie
those sites which allow interactive contact between on-line members -
are legally responsible for their users privacy. The article 29 working
party has said that sites cannot escape their legal obligations just
because content on them is often produced and posted by users.

"SNS
[Social Network Service] providers are data controllers under the Data
Protection Directive. They provide the means for the processing of user
data and provide all the 'basic' services related to user management
(e.g. registration and deletion of accounts).

Being a data
controller under data protection legislation brings with it greater
legal responsibilities than being a data processor. The opinion said
that social networking companies count as data controllers under EU law
"even when their headquarters are outside of the [European Economic
Area]".

The opinion said that users of social networking sites
could also attract the same legal obligations, but only if they were
acting on behalf of a company, association or in pursuit of commercial,
political or charitable goals.

The opinion also outlines the
obligations of people who count as data processors. They must be clear
about their identity, must offer privacy-friendly default settings to
any service they offer, should provide users with privacy warnings and
should give warnings to users about the potential privacy implications
of their actions.

Oh I do love the law - no prizes for guessing I'm a lawyer.....it is so clear cut.

Did someone say Bren and Beo came back today? Perfect timing petals........

Guess what I shall be blogging on tomorrow!
23/06 19:33:20

Anna Raccoon wrote:

It gets better.

ARE YOU LISTENING MR BENNETT?

"If
an SNS user acts on behalf of a company or association, or uses the SNS
mainly as a platform to advance commercial, political or charitable
goals, the exception does not apply. Here, the user assumes the full
responsibilities of a data controller who is disclosing personal data
to another data controller (SNS) and to third parties."
23/06 19:36:23

Anna Raccoon wrote:

There you go Mr Bennett - the full nine yards.....

http://ec.europa.eu/justice_home/fsj/pr ... 163_en.pdf

23/06 19:38:33

Thanks to Sidmouth for posting this up on PFA.