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LPC Law Notes Commercial and IP Notes

Date Protection And Freedom Of Information Notes

Updated Date Protection And Freedom Of Information Notes

Commercial and IP Notes

Commercial and IP

Approximately 100 pages

A collection of the best LPC Commercial and IP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through twenty-nine LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of CLIP notes available in the UK this year. This collection of notes is fully updated fo...

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The following is a more accessible plain text extract of the PDF sample above, taken from our Commercial and IP Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Intellectual Property Rights

Data Protection

Data Protection Scheme

  • Data Protection Act 1998

  • Protection of individual privacy! Relates to the handling of private information

  • 2 Objectives:

a) Allow individuals access to information held about them

b) Protect information about individuals from being disclosed improperly

  • The date controller becomes responsible [i.e. he has a DUTY] for the data subject from the firms moment of dealing with any personal information that could identify the data subject as a living individual.

  • Personal Data = 2 limb test:

  1. Is the information biographical in a significant sense?

  2. Does the information have the individual as its focus, rather than other persons or matters.

Is the DPA applicable:

  1. Data subject must be a living individual

  2. There is data

  3. The data is personal

  4. Some processing is involved

  5. At least one precondition for processing within Schedule 2 is met

  6. The data is processed in accordance with all relevant data protection principles in Schedule 1

S.4(4) / Schedule 1: 8 Principles of Good Information Handling Practice

[Must be complied with by anyone processing personal information]

  1. Fairly and lawfully processed (need at least 1 of 6 conditions from Schedule 2)

  2. Processed for limited purposes

  3. Adequate, relevant and not excessive

  4. Accurate and up-to-date

  5. Not kept longer than necessary

  6. Processed in accordance with individual’s rights

  7. Secure

  8. Not transferred to countries outside EEA unless adequate protection
Schedule 2

Schedule 2 – 6 conditions for fair processing (must show 1):

  • individual has consented to processing

  • processing necessary for contract with individual

  • processing required under a legal obligation

  • processing necessary to protect vital interests of individual

  • processing necessary to carry out public functions

  • processing necessary to pursue legitimate interests of data controller/ third party

  • Issue of CONSENT: It will only allow data controller to use information for that particular purpose to which the individual has consented. Nothing else!

Freedom of Information

  • Freedom of Information Act 2000

  • Release of information from public bodies

  • Applies to information held by public authorities as defined in s3(1)

  • A person making a request is entitled to be told whether the authority holds the info, and to have it communicated to him (s1(1))

  • Public authorities must adhere to Central Publication Scheme which will explain things like the sorts of information held and how it may be obtained. The scheme promotes publication of disclosure by public bodies. There is a specific Publication scheme for each public body [e.g. one specific to type of info NHS holds]

  • S. 45 – guidance to public authorities on how to deal with requests for information

  • S.46 – guidance to public authorities on records management

Some information CANNOT be disclosed:

Absolute exemptions

  • S.21: Information is accessible by other means

  • S.41: Information is provided in confidence [includes Personal Information]
Qualified...

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