Technology, Intellectual Property & Data Protection - January 2010

Europeans' Privacy will be big challenge in next decade, says EU Commissioner
Europeans' Privacy will be big challenge in next decade, says EU Commissioner (on 28 January 2010). Personal privacy faces new challenges:

  • behavioural advertising can use personal internet history to better market products;
  • social networking sites used by 41.7 million Europeans allow personal information like photos to be seen by others; and
  • the 6 billion smart chips used today can trace your movements.

With the Lisbon Treaty and the Charter of Fundamental Rights now in force, the Commission says it wants to create a clear, modern set of rules for the whole EU guaranteeing a high level of personal data protection and privacy, starting with a reform of the 1995 EU Data Protection Directive.

The improved rules would be vigorously applied across all policy areas and international agreements, be it new technologies, consumer rights or public security.
Source: http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/63&format=HTML&aged=0&language=EN&guiLanguage=en
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EDPS statement and activities on the occasion of European Data Protection Day
On 28 January 2010, the European Data Protection Day will be celebrated for the fourth time by the Member States of the Council of Europe and the European institutions. Convention 108 was the first legally binding international instrument in the field of data protection and was adopted by the Council of Europe on this day four years ago.

This year will again see the European Data Protection Supervisor (EDPS) reconfirming the need for privacy and data protection, which is seen as a fundamental human right in the EU charter and became binding with the entry into force of the Lisbon Treaty.

The EDPSA saw this as a monumental step in which a legal development of the last decades in Europe was confirmed. However, the challenge remains to ensure effective practical application of the law.
Source: Europa
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Better access to official data
A major new website has been launched to the public which gives anyone who wants to use it unprecedented and free access to government data in one place. The founder of the world-wide-web has unveiled his venture for the UK government, which offers the public better access to official data. The new website, http://data.gov.uk/, offers access to public sector data, ranging from traffic statistics to crime figures, for private or commercial use.

The website was developed by Sir Tim Berners-Lee, founder of the web, and Professor Nigel Shadbolt of the University of Southampton. It has followed a lead set by the US government's http://www.data.gov/ project, and has been built with semantic web technology, which will make it possible to draw together data into links and threads. The new website has more than 2500 sets of data from across government.  All of the data is non-personal and in a format that can be reused by any individual or business to create innovative new software tools, such as applications about house prices, local amenities and services, or access to local hospitals.

The target is to kickstart a new wave of services that find novel ways to make use of the wealth of government data but it needs to be:

  • easy to find;
  • easy to licence; and
  • easy to re-use.

A test version of the website has been running since September 2009, with more than 2,400 developers registering to test the site and provide feedback. So far, 10 applications have been created using the data feeds, including PlanningAlerts, a free service that searches local authority planning websites looking for planning applications.
Sources: Various
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Revised patent and trade mark fees continue to encourage innovation 
On 12 January 2010, the Intellectual Property Office (IPO) announced a number of changes to patent and trade mark fees, which will take effect from 6 April 2010.

Following a wide-ranging consultation in 2009, the new fees will better reflect the IPO's costs and the resources involved in providing services to customers.  However, they maintain the policy of keeping patent application fees well below full cost, to encourage innovation and access to the IP system.

The fee changes include:

  • Some increases to patent search, examination and renewal fees;
  • A doubling of the discount for e-filed patent applications - increased to £20 for all search and examination requests filed electronically;
  • The introduction of a £350 fee to continue with patent proceedings at the IPO, once it is clear they have become contested.

The consultation confirmed that for many users the official fees represent a small part of the cost of obtaining patent protection.

After it was completed, the government listened to concerns raised and decided not to increase patent application fees to the level originally proposed, ensuring a more favourable outcome for SMEs.

A key part of the new fees is the increased discounts for those who file their patents electronically, reducing unnecessary paper and providing a greener alternative to the current arrangements. This is in addition to an initiative announced in May that 'fast-tracks' inventions with environmental benefits through the patent system.
Source: Intellectual Property Office (IPO)
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ISPs to be exempt from hate speech charges under new regulations
Internet service providers (ISPs) will be exempt from any charges stemming from hate speech transmitted over their networks under new Government Regulations published on 14 January 2010. 

The E-Commerce Directive protects ISPs and other digital service providers in the UK and absolves them of responsibility for religious or sexuality-related comments made using their systems of communication. 

In 2008, the change to the 1986 Public Order Act made it an offence to incite hatred on the grounds of religion to include the incitement on the grounds of someone's sexuality. This in turn necessitated a review of the regulations covering ISPs. The Government's draft Electronic Commerce Directive (Hatred against Persons on Religious Grounds or the Grounds of Sexual Orientation) Regulations contain those changes and will replace 2007's The Electronic Commerce Directive (Racial and Religious Hatred Act 2006) Regulations.
Source: Out-Law.com
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Concessions on copyright changes
The BBC reported on 13 January 2010 that Ministers have given a concession over what critics claimed were "draconian" powers which would enable them to crack down on online copyright infringement.

Critics said the proposed powers were disproportionate and would damage one of the UK's fast-growing industries. Section 17 of the bill, which had attracted the most anger, would have given Ministers "reserve powers" to draft fresh laws to tackle net-based copyright infringement without needing parliamentary approval. On the other hand, Ministers argued that such powers were needed to support copyright laws against future, more technically advanced forms of piracy.

But with threats from both Conservative and Lib Dem peers to vote against the measure when it is considered next in the House of Lords, the Government has tabled several amendments. These would mean existing copyright laws could only be amended by statute if there was a "significant" new threat of infringement and would provide for more parliamentary scrutiny before this happened.
Read the full story at: http://news.bbc.co.uk/1/hi/uk_politics/8456110.stm
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£Millions invested for Silver Surfers
Nearly 20,000 people living in sheltered housing will be switched on to the internet under £2.9m plans being developed by the Government to boost the number of silver surfers, Communities Minister Lord McKenzie and Minister for Pensions and the Ageing Society Angela Eagle announced on 13 January 2010. With two thirds of those over the age of 65 in sheltered housing without online access, the new 'Get Digital' programme will help the so called "silver surfers" to become internet savvy and enjoy the wider social and economic benefits of the digital world.

The £2.9m funding will be used to set up facilities, provide free training for residents, and ongoing advice and support for housing associations. The programme will be nation-wide and 195 schemes across the country will have benefited from direct intervention and the Get Digital training and support programme by March 2011. The programme will include urban and rural areas.  Get Digital will work with landlords and other stakeholders to build the capacity of the sheltered housing sector to ensure that the offer of communal computer facilities is well integrated and supported by advice on how to enable residents to work with other local groups and agencies, as well as schools, on digital skills programmes.

'Get Digital' - to be delivered on the Government's behalf by the National Institute of Adult Continuing Education (NIACE) and Digital Unite - will provide residents with access to computers and the training they need to make the most of the new technology on offer. Local schools will also link up with sheltered housing schemes so that young and old can learn together. 

By the end of March 2011, Get Digital will:

  • work with 195 sheltered housing schemes nationwide, including 81 schemes in rural areas providing around 7,800 residents internet access;
  • extend internet access to a further 300 schemes and up to 20,000 residents in total;
  • develop communal IT facilities in sheltered housing schemes making technology easily accessible to the 600,000 people who live in sheltered housing as well as others in the local community;
  • provide resources including expert Scheme Support tutors to boost computer literacy. Fear of fraud and online jargon are cited as barriers to older people going online. The training on offer will increase their confidence using the web;
  • promote and support 'Get Digital partnerships' between sheltered housing and local schools and other groups of young people for 'intergenerational learning activities'. This work is intended to develop greater trust between younger and older people and it is hoped that this will lead to a decrease in fear of young people in a neighbourhood - something acknowledged to be a main source of insecurity for older people; and
  • provide a wide range of support materials for Registered Social Landlords (RSLs) to enable them to set up and sustain facilities for residents. This will include advice and guidance on appropriate equipment and connectivity, free training and resources for residents, extensive advice and guidance on working with local organisations to sustain digital literacy activities and Small grants to set up communal PC facilities.

Source: http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=410290&SubjectId=2
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Data breaches to incur up to £500,000 penalty
On 12 January 2010, the Information Commissioner's Office (ICO) announced new powers expected to come into force on 6 April 2010, designed to deter personal data security breaches. The ICO will have the power to order organisations to pay up to £500,000 as a penalty for serious breaches of the Data Protection Act. The ICO has produced statutory guidance, which has been approved by the Secretary of State for Justice, and has now been laid before Parliament.

When imposing monetary penalties, the Information Commissioner will:

  • carefully consider the circumstances, including the seriousness of the data breach, the likelihood of substantial damage and distress to individuals, whether the breach was deliberate or negligent and what reasonable steps the organisation has taken to prevent breaches;
  • take a pragmatic and proportionate approach to issuing an organisation with a monetary penalty. Factors will be taken into account including an organisation's financial resources, sector, size and the severity of the data breach, to ensure that undue financial hardship is not imposed on an organisation.

The power to impose a monetary penalty notice is designed to deal with serious breaches of the Data Protection Act and is part of the ICO's overall regulatory toolkit which includes the power to serve an enforcement notice and the power to prosecute those involved in the unlawful trade in confidential personal data.
The guidance can be downloaded from the ICO website at:  ICO Guidance
Source:  ICO press release 12/1/2010
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Watch your credit file and avoid financial problems
On 13 January 2010, the Information Commissioner's Office (ICO) urged consumers to ensure that their credit reference file is accurate and up to date in 2010.

Millions of consumers use credit to help them through the year and it is essential that they make sure the information accessed by lenders is accurate. If the content of an individual's credit reference file is wrong or out of date, banks, shops and catalogue companies could turn down their request for credit.  Under the Data Protection Act every citizen has rights which allow us to obtain and protect their vital financial information. The ICO has a practical, easy to understand consumer guide detailing these rights (see link below).

If an individual discovers inaccurate information on their credit reference file, the Data Protection Act allows them to ask for the information to be corrected by the organisation that provided it to the credit reference agency. If, following this, the incorrect information remains on the credit reference file, the individual can complain to the ICO.
Source: http://www.ico.gov.uk/upload/documents/pressreleases/2010/credit_files_130110.pdf
The Consumer Guide is available from: Credit Explained
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A Virtual Office from as low as £150 a month
On 1 February 2010, the Institute of Directors (IoD) will be launching its new Virtual Office, providing members with a Pall Mall business address, professional telephone answering service and mail forwarding at a low monthly fee.

Hot Desking and the IoD's exclusive Platinum Office package will be launched in April 2010.
Further information: IoD Office Solutions
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New Online Basic IT Courses for Adults
On 11 January 2010, The Business Secretary Lord Mandelson announced the pilot of new IT courses to give thousands of adults the skills and confidence they need to go online. The development of online basics by the Department for Business, Innovation and Skills, UK online centres and Becta** forms part of the Government's response to Baroness Estelle Morris' Review of ICT User Skills, published in June 2009. The report recommended support for the 11.6m adults in England of all ages and all levels of education who do not have basic IT skills to help them get to grips with technology. This complements the Government's national roll-out of Home Access for children in years three to nine (aged around seven to thirteen) which was also announced on 11 January 2010 by the Department of Children, Schools and Families.  

** Becta is the acronym for British Educational Communications and Technology Agency, a non-departmental public body of the Department for Children, Schools and Families in the UK. 

Online basics will give beginners the skills needed to get going online. People can do the short, free courses at their own pace, either at home if they have a computer and the internet or at a local UK online centre by logging onto www.onlinebasics.co.uk. Online basics is a new offer from the myguide service, a free, simple introduction to computer and internet skills. There are over 25 more myguide courses about emailing, online shopping, digital photography and more. As an "open use" tool, myguide can be used by individuals, colleges and training and adult learning providers. 

Becta has also launched its national prospectus for technology-focused continuing professional development for Further Education teachers and trainers. This is the first prospectus of its kind and will help ensure teachers and trainers have the most up-to-date skills and knowledge of technology so that learners can benefit. 

Online basics include five key modules covering the basics - using a mouse and keyboard, looking at the internet and keeping safe online. There is also guidance for people supporting those using the course: from tutors in learning centres to family members helping someone at home. Over the next three months, Online basics will be piloted in UK online centres in Barnsley, Oldham, Gloucester, Devon and London. Becta will evaluate the courses, expected to be rolled out across England in September 2010. 

Lord Mandelson also announced a doubling in size of the joint Becta and Learning and Skills Council FE Technology Exemplar Network, with 67 new members. This best practice network for colleges and training providers offers them a forum to exchange experiences, knowledge and practical know-how. In total, two million students and 50,000 Further Education teachers and trainers will benefit through the network.   

Becta has also launched its national prospectus for technology-focused continuing professional development for Further Education teachers and trainers. This is the first prospectus of its kind and will help ensure teachers and trainers have the most up-to-date skills and knowledge of technology so that learners can benefit.
Source: http://nds.coi.gov.uk/clientmicrosite/content/Detail.aspx?ReleaseID=410251&NewsAreaID=2&ClientID=431
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Next generation fund launched: UK to benefit from £1 billion investment in super-fast broadband
Launching a consultation on how proceeds from the Next Generation Fund should be spent, Lord Mandelson said on 7 January 2010, that rural communities and hard to reach areas who do not have access to next generation broadband will benefit from a share of £1billion of Government investment.  The investment will upgrade the UK's digital infrastructure to bring super-fast broadband to 90% of the country. This is considered essential if the UK is to remain globally competitive as estimates suggest that private investment will only reach up to 70% of the population by 2017.  

The Next Generation Fund will provide the UK with a world class communications network to bolster innovation and services in digital content. Faster upload and download speeds, and greater reliability and consistency will bring higher productivity, increased innovation, boost e-commerce and provide greater consumer choice and access to time-saving e-government services. 

The objectives of the Next Generation Fund are:

  • To support Digital Britain's aim to roll out next generation networks to at least 90% of the UK by 2017;
  • To support economic growth by incentivising market investment in communications infrastructure to meet the needs of businesses and households;
  • To maximise links with the Government's Universal Service Commitment - a parallel broadband investment programme to ensure every community has access to 2Mbps broadband connection by 2012.

The Government is now consulting on the most effective way to deploy the investment and will soon appoint a procurement team to oversee the delivery and management of Next Generation Access.  The consultation paper published on 7 January 2010 outlines the high-level benefits next generation broadband offers, including:

  • Telemedicine:provides real-time interaction between doctor and patient so consultation and even examinations can be undertaken online. This brings huge benefits particularly for the elderly and those who live in rural communities
  • Teleworking: uses two-way video conferencing to facilitate working from home. Brings social and economic benefits to those who are less mobile such as people with disabilities and single-parents. Teleworking also has potential environmental benefits by reducing carbon emissions through decreased traffic congestion.
  • Cloud computing:enables businesses to use the internet to store and access software and data and share resources. Results in a lower carbon footprint, less investment in computing equipment, access to cost effective technology solutions that can be used quickly, cheaply and less disruptively.

As announced in the Pre Budget Report on 9 December 2009, the 'Next Generation Fund' will be raised by a duty of 50p on all fixed lines as previously announced in the Digital Britain White Paper.

The Government also published, on 7 January 2010, its growth strategy, Going for Growth, outlining a strategic approach to boost the UK's public finances through sustainable growth.
Source: BIS press release 07/01/2010
The consultation on how the Next Generation Fund will be spent can be found at:  www.berr.gov.uk/consultations/page54155.html
A further consultation on how the fund will be raised was published by the Treasury on 11/12/2009 can be found at: http://hm-treasury.gov.uk/consult_landlineduty.htm
Information on the Going for Growth strategy is online at: www.bis.gov.uk/growth
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Google Smartphone launch
Announced on 5 January 2010, Google is said to be very near to the launch of its first consumer hardware, an Android-based Smartphone called Nexus One, ahead of the forthcoming Consumer Electronics Show in Las Vegas.

CES 2010 officially starts on Thursday 7 January 2010, but observers expect to hear from Google before then. There may also be news about the launch of Google's first Tablet device.

The Nexus phone has no physical keyboard, comes with a large 3.7-inch capacitive touchscreen, is likely to cost around $500 (£312) at launch, is manufactured by HTC and will be sold and marketed only by Google.

Read more: www.itproportal.com/portal/news/article/2010/1/5/google-about-launch-nexusone-smartphone/#ixzz0bmbUVmRE

The wraps were taken off the handset at an invitation-only event held at Google's Mountain View HQ. The Nexus One is a slim, touchscreen phone built in partnership with Taiwanese manufacturer HTC and runs Google's Android operating system. It will be sold via Google's website and initially be available on T-mobile in America followed by Vodafone in Europe and Verizon in the US. Google has set up its own phone portal through which people can get a handset tied to one of several mobile operators or untethered direct from Google itself.
Source: BBC News article
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