Showing posts with label Data Protection. Show all posts
Showing posts with label Data Protection. Show all posts

Saturday, April 07, 2018

Monitoring of smartphones and by CCTV in the workplace


I recently participated in an interdisciplinary seminar at UCC on 'Electronic Monitoring in Ireland: Shaping what we do and who we are'.

The title of my talk was 'Monitoring of smartphones and by CCTV in the workplace'. 

I discussed the legal implications of (a) use of smartphones and (b) monitoring by CCTV in the workplace.

Smartphones allow receipt of emails on a 24/7 basis, even when the employee is in theory off duty.  Employees’ locations may also be monitored.  The implications for employees’ mental health and compliance with the Working Time Directive were considered.  CCTV monitoring also raises significant issues, for example regarding the purposes of monitoring and the relationship between data protection law and employment law.

My presentation:
http://bit.ly/monitoring-law

A podcast interview:
"Listen to Dr Darius Whelan (@dariuswirl) speak with Jane Mulcahy (@janehmul) about the monitoring of smartphones in the workplace and the use of CCTV by employers"
https://itunes.apple.com/ie/podcast/dr-darius-whelan-shares-his-thoughts-on-electronic/id1288572014?i=1000408249932

[UCC School of Law Podcast]     If you don't have iTunes, the file is here.

The organisers of the seminar were Dr. Eleanor Bantry-White, Applied Social Studies; Dr. Katharina Swirak, Criminology; Dr. Debora Jeske, Applied Psychology; Dr. Fiona Donson, Law.

Speakers included
Professor Mike Nellis, Emeritus Professor of Criminal and Community Justice in the Law School, University of Strathclyde
Dr. Ciaran McCullagh, Associate Professor, University of Limerick
Gerry McNally, President of the Confederation of European Probation (CEP) and Assistant Director, Irish Probation Service
Professor Frederic Adam, Business Information Systems, UCC
Dr. Eleanor Bantry White, UCC School of Applied Social Studies
Dr. Orla O’Donovan, UCC School of Applied Social Studies

Some tweets may be found at #EMIreland

Case-law referred to in my presentation includes:

UPC Ireland v UNITE and SIPTU (2015)  LCR20938
https://www.workplacerelations.ie/en/Cases/2015/March/LCR20938.html

O'Connor v Galen Ltd (UD 1514/2009)

Köpke v. Germany (2010)
http://hudoc.echr.coe.int/eng?i=001-101536 

López Ribalda v Spain (2018)
http://www.bailii.org/eu/cases/ECHR/2018/14.html

Ali v First Quench (2001)
www.bailii.org/ew/cases/EWCA/Civ/2001/446.html

McGowan v Scottish Water (2004)
www.bailii.org/uk/cases/UKEAT/2004/0007_04_2309.html

Gresham Hotel (Case Study 6 of 2007)
https://www.dataprotection.ie/docs/Case-Studies-2008/c/732.htm#6

Westwood Swimming (2011)
https://www.dataprotection.ie/docs/Case-Studies-2011/1212.htm#9

Employee v Employer (Supermarket Restaurant) UD893/2010 (2012)
https://www.workplacerelations.ie/en/Cases/2012/September/UD893_2010_MN848_2010.html




Monday, September 26, 2016

Events in September 2016 and after



I've updated the listings of events at www.irishlaw.org/events/.  Here's the current version:  
25 to 30 Sept. 2016:
Autumn Criminology School for Doctoral Researchers, Blackwater Castle, Castletownroche, Co. Cork 

Mon. 26 Sept. 2016:
Financial Action Task Force workshop, UCD Sutherland School of Law, Dublin 

Tue. 27 Sept. 2016: 
Brexiting and Rights seminar, Discussion seminar on the human rights and equality implications of the EU referendum, The MAC Belfast, Metropolitan Arts Centre, 10 Exchange St, Belfast  

Wed. 28-Sep-2016 02:00 PM:  
Criminal Law Update - Criminal Law update 
Law Society Professional Training in partnership with the Criminal Law Committee, Law Society of Ireland 

Thu. 29-Sep-2016 02:00 PM:  
Employment Law Update 2016 - Law Society Professional Training, Law Society of Ireland 

Thu. 29 Sep. 2016:
Implementing the New EU Data Protection Regulation - Dublin 

29-Sep-2016 to 30-Sep-2016 
Connaught Solicitors' Symposium 2016 - Law Society Skillnet, Breaffy House Hotel, Castlebar, Mayo 

Fri. 30 Sep. 2016:
ICEL EPA Environmental Law Conference 2016, Dublin 

30-Sep-2016 to 15-Oct-2016 
The Fundamentals of District Court Civil Procedure, Drafting and Advocacy Skills - 30 September & 1 October and 14 & 15 October 2016
Time Fridays: 2.30pm – 6.30pm
Saturdays: 9.30am-4.30pm (light lunch included), Law Society of Ireland 

Sat. 1 Oct. 2016:
The Workplace Relations Act 2015 - One Year On, UCD Sutherland School of Law, in conjunction with the Employment Law Association of Ireland (ELAI), Dublin 

Wed. 05-Oct-2016 12:30 PM  
Challenges for the Rule of Law in the 21st Century. John Larkin QC, Attorney General for Northern Ireland - Ulster University, Transitional Justice Institute, Seminar, Belfast 

5 Oct. 2016:
The Annual Walsh lecture - Mr Justice Niall Fennelly, UCD, Dublin 

Thu. 6 Oct. 2016:
NWCI Members and Friends Meeting - Women’s Rights and CEDAW, Dublin  

Thu. 06-Oct-2016 02:00 PM  
Annual Litigation Update 2016 - Law Society Professional Training in partnership with the Litigation Committee, Law Society of Ireland 

Fri. 7 Oct. 2016: 
Cybercrime - ACJRD Annual Conference, Dublin

Sat. 08-Oct-2016 10:00 AM 
Annual Human Rights Conference 2016 - Law Society Professional Training, Law Society of Ireland 

Wed. 12-Oct-2016 02:00 PM  
Work/Life Balance – Managing Clients, Mastering Time and Dealing With Stress - Law Society Professional Training, Law Society of Ireland 

Thu. 13-Oct-2016 04:00 PM  
International response to Terrorism: Local Effects - This talk is presented by Law Society Professional Training in partnership with the EU and International Affairs Committee, Law Society of Ireland 

Wed. 19-Oct-2016 12:30 PM  
Dealing with the Past in Northern Ireland: the Victims' Perspective - Ulster University, Transitional Justice Institute, Seminar Series, Jordanstown campus 

19 to 21 Oct. 2016:
Litigating for Social Change - 3-day conference organised by Law Centre (NI), Social Change Initiative and The Atlantic Philanthropies, Belfast 

Thu. 20 Oct. 2016:
ICEL Human Rights Law Conference 2016, Dublin 

Thu. 20 Oct. 2016:
Annual Property Law Conference 2016 - Law Society, Dublin 

Fri. 21 Oct. 2016:
The Rt Hon. the Baroness Hale of Richmond DBE, Deputy President, UK Supreme Court, will speak about social justice and human rights at the Law Centre NI's Social Justice lecture 2016, Belfast 

Fri. 21 Oct. 2016:
Probate Practice - A Practical Guide to Recent Developments - Dublin

21-23 Oct. 2016:
Sports and the Law, Society of Young Solicitors, Limerick

Tue. 25-Oct-2016 10:00 AM 
Training the Next Generation of Solicitors - Law Society Finuas Network, Law Society of Ireland 

Thu. 27-Oct-2016 10:00 AM 
Delegation and Performance Management October - Law Society Finuas Network, Law Society of Ireland 

Fri. 28 Oct. 2016:
Blockchain and Sustainable Communities: Potential and Pitfalls, co-organised by NUI Galway School of Law, FEASTA, and Cultivate, in partnership with Cloughjordan Ecovillage, and funded by the Irish Research Council.
Cloughjordan, Co. Tipperary.  

Mon. 30 Oct. 2016:
Advancing Children's Rights through the Criminal Law (Sexual Offences) Bill, Children's Rights Alliance, Dublin

Thu. 3 Nov. 2016:
Adjudication Advocacy Course, UCD Sutherland School of Law 

Thu. 03-Nov-2016 01:30 PM  
Caring and the Law - Solicitors for the Elderly - Law Society Professional Training, Law Society of Ireland - Green Hall 

10 Nov. 2016: 
A new approach to personal debt litigation: The role of the Unfair Contract Terms Directive and the Charter of Fundamental Rights, Irish Centre for European Law, Dublin

Thu. 10-Nov-2016 10:00 AM 
Annual In-house and Public Sector Conference - Leadership in Changing Times – Opportunities and
Challenges facing the In-house Solicitor. Law Society Professional Training in partnership with the In-house and Public Sector Committee, Law Society of Ireland 

11-Nov-2016 to 04-Feb-2017:   
Property Transactions Master Classes - Session one will take place on Friday 11 November 2016 and on Saturday 12 November 2016.
Session two will take place on Friday 20 January 2017 and on Saturday 21 January 2017.
Session three will take place on Friday 3 February 2017 and on Saturday 4 February 2017.
Law Society of Ireland 

Tue. 15-Nov-2016 10:00 AM 
Delegation and Performance Management November - Law Society Finuas Network, Law Society of Ireland 

18-20 Nov. 2016: 
Annual Conference of Irish Association of Law Teachers, Waterford.  

Fri. 18-Nov-2016 10:00 AM 
Practitioner Update Cork 2016 - Law Society Skillnet, Kingsley Hotel, Victoria Cross, Cork 

Fri. 18-Nov-2016 09:30 AM  
Business Law 2017 - Business Law Committee in partnership with Law Society Professional Training, Law Society of Ireland 

Tue. 22-Nov-2016 10:00 AM 
Delegation and Performance Management - Cork - To equip practitioners with the skills and confidence to delegate effectively and tackle under performance., Kingsley Hotel, Cork 

Thu. 24-Nov-2016 06:00 PM 
Networking Skills - How to get clients and keep them - Law Society of Ireland, Law Society of Ireland - Green Hall 

25 to 26 Nov. 2016:
Law and the Idea of Liberty in Ireland: From Magna Carta to the Present, Irish Legal History Society, Music Room, Christ Church Cathedral, Dublin 

Fri. 25 Nov. 2016:
ICEL IP Conference 2016: Trademarks, patents and designs, Dublin

25 Nov. 2016:
A new approach to personal debt litigation: The role of the Unfair Contract Terms Directive and the Charter of Fundamental Rights, Irish Centre for European Law, Galway 

Fri. 25-Nov-2016 02:00 PM 21-Jan-2017 
The Fundamentals of Technology and Intellectual Property Law - Law Society Finuas Network, Law Society of Ireland 

Wed. 30-Nov-2016 12:30 PM  
Unfinished Peace. Brian Rowan, journalist and author. - Ulster University, TJI/IRiSS Seminar, Belfast 

30 Nov. 2016:
Distinguished Guest Lecture in Employment Law, UCD Sutherland School of Law

7 Dec. 2016: 
A new approach to personal debt litigation: The role of the Unfair Contract Terms Directive and the Charter of Fundamental Rights, Irish Centre for European Law, Cork

Wed. 07-Dec-2016 12:30 PM  
The Role of the Ombudsman's Office - Achievement and Challenges - Ulster University, Transitional Justice Institute, Seminar Series, Belfast 


2017:

5-7 April 2017:
Socio-Legal Studies Association conference, Newcastle

10-11 April 2017:
Association of Law Teachers' Annual Conference 2017: Foundations and Futures, Portsmouth, England

4-7 June 2017:
World Congress on Family Law and Children's Rights - in partnership with School of Law, University College Cork - Venue: Convention Centre, Dublin 
Details at http://www.wcflcr2017.com   

8 to 10 June 2017:
British and Irish Association of Law Librarians Annual Conference, Manchester, England

Law Society Diploma and Certificate courses:  

Details at http://www.lawsociety.ie/Courses--Events/Public-Diplomas-CMS/

Certificate in Professional Education; Diploma in Alternative Dispute Resolution;
Certificate in Conveyancing; Diploma in Law; Diploma in Education Law;
Diploma in Healthcare Law; Diploma in Judicial Skills and Decision-Making;
Certificate in Pensions Law and Practice; Diploma in Sports Law;
Diploma in Trust & Estate Planning (STEP);
Certificate in Practice Development; Certificate in Decision-Making Capacity and Support
Diploma in Arbitration; Diploma in Finance Law; Diploma in Corporate Law and Governance
Diploma in Mediation; Diploma in Technology Law; Diploma in In-House Practice
Diploma in Litigation Management Skills (new); Certificate in Aviation Leasing and Finance
Certificate in Advanced Negotiation; Certificate in Charity Law, Trusteeship and Governance
Certificate in Employment Law Advocacy Skills; Certificate in Commercial Contracts
Certificate in Company Secretarial Law and Practice; Certificate in Trade Mark Law; Diploma in Aviation Leasing and Finance
Diploma in Commercial Property; Diploma in Employment Law
Certificate in Data Protection Practice; Certificate in Environmental and Planning Law
Certificate in Human Rights Law; Diploma in Legal Decision-Making Skills

Follow Irish Law Events on Twitter - @irishlawevents


Thursday, June 09, 2016

Events in June 2016 and following months

I've updated the listings of forthcoming events at www.irishlaw.org/events/.

Here's the current listing:

9-11 June 2016:  British and Irish Association of Law Librarians Conference, Dublin

Details at http://www.biall.org.uk/events.php

Fri. 10 June 2016:
International and Comparative Law in the 21st Century: Lessons learned, Postgraduate and Early Career Law Conference, Griffith College, Dublin
Details at https://www.griffith.ie/lawconference

13-18 June 2018:
Visiting Scholar Programme, Galway & Mayo, Jane Freedman, Professor of Politics at Universite de Paris 8 visits NUIG & Mayo to engage and participate in a series of events exploring asylum, migration & gender equality
Details at http://www.maryrobinsoncentre.ie/visiting-scholar-events.html 

Tue. 14 June 2016:
Natural Justice in Child Protection Investigation, Ballymun Community Law Centre, Dublin
Details at http://www.pila.ie/resources/bulletin/2016/06/08/ 

Wed. 15 June 2016:
The International Protection Act 2015: The Changes and Implications - Irish Refugee Council, Dublin
Details at http://www.pila.ie/resources/bulletin/2016/06/08/ 

Thu. 16 June 2016:
Migration and European Identity - Irish Society for European Law, Dublin
Details at https://www.isel.ie/event

Thu. 16 June 2016:
The Companies Act 2014: One Year On - DSBA, Dublin
Details at http://www.dsba.ie/seminars.574.html

16-25 June 2016:
Cinema and Human Rights Summer School, NUI Galway
Details at http://www.chra.ie/summerSchool.php

Sat. 18 June 2016:
Family Lawyers Association of Ireland conference, Cork
Details at http://www.familylawyers.ie/news-events/

Sat. 18 June 2016:
UCD Festival: School of Law to host four events including Brexit Debate
Details at http://www.ucd.ie/law/newsandevents/

Mon. 20 June 2016:
The Law of the Sea and Human Rights - NUI Galway
Details at
https://listserv.heanet.ie/cgi-bin/wa?A2=IRISHLAW;811d2148.1606

Thu. 23 June 2016:
Annual Review of Important Competition Law Cases and Developments - Irish Society for European Law, Dublin
Details at https://www.isel.ie/event 

20-24 June 2016:
NUIG Centre for Disability Law & Policy: 2016 Summer School, Galway
Details at http://www.nuigalway.ie/cdlp/news.html

Wed. 22 June 2016:
Medical Ethics, Consent, Capacity & End Of Life Care Conference - Dublin
Details at http://cmgevents.ie/events/categories/legal_regulatory/

Thu. 23 June 2016:
DSBA Commercial Litigation Update, Dublin
Details at http://www.dsba.ie/seminars.574.html

23-24 June 2016:
North-South Criminology Conference, Maynooth University
Details at http://www.maynoothuniversity.ie/law/news

Fri. 24 June 2016:
The Role of International Law in Post-Conflict and Post-Colonial Societies - QUB Human Rights Centre, Belfast
Details at
http://www.qub.ac.uk/schools/SchoolofLaw/FileStore/Filetoupload,651930,en.pdf

Sat. 25 June 2016:
Third Annual Human Rights Lecture - Hina Jilani at Mary Robinson Centre, Ballina
http://www.maryrobinsoncentre.ie/international-human-rights-lecture-2016.html

27 June to 1 July 2016:
Women and Political Settlements: International, Regional and Local Approaches to Peacemaking - Summer School on Transitional Justice 2016 - Transitional Justice Institute, University of Ulster, Belfast
Details at http://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/summer-school-on-transitional-justice-2016

27 June to 1 July 2016:
International Criminal Court Summer School, ICHR, NUI Galway
Details at http://www.nuigalway.ie/irish-centre-human-rights/summerschools/

Tue. 28 June 2016:
Evidence-Informed Decision Making:  Putting research into practice in Criminal Justice - ACJRD, Dublin
Details at http://www.acjrd.ie/contents/315  

Tue. 28 June 2016:
DSBA Data Protection Seminar, Dublin
Details at http://www.dsba.ie/seminars.574.html

Wed. 29 June 2016:
Environmental Health and Safety Management Conference 2016, Dublin
Details at http://cmgevents.ie/events/categories/legal_regulatory/

Thu. 30 June 2016:
Deadline for submission of abstracts to World Congress on Family Law and Children's Rights - in partnership with School of Law, University College Cork, due to take place in Dublin in June 2017.
Details at http://www.wcflcr2017.com

Thu. 30 June 2016:
Digital Citizenship - Royal Irish Academy, Dublin
Details at https://www.ria.ie/events/digital-citizenship

Fri. 1 July 2016:
Privacy and Data Protection Conference, ICEL, Dublin
Details at http://icel.ie/Privacy2016

1-2 July 2016:
The Sustainable Development Goals: Equality, Human Rights, Peace - The Mary Robinson Centre International Symposium 2016, Ballina
Details at http://www.conference.ie/Conferences/index.asp?Conference=475

Tue. 12 July 2016:
Consumer Regulation and Proportionality - Irish Society for European Law, Dublin
Details at https://www.isel.ie/event 

10-12 August 2016:
Attorney General for Northern Ireland Constitutional Law Summer School, Belfast
Details at http://www.lawsoc-ni.org/news-events-and-media/lsni-events/  

15 August 2016:
Deadline for Submissions to Irish Journal for European Law
https://www.isel.ie/blog/irish-journal-for-european-law-call-for-papers-2016/

6-9 Sept. 2016:
Annual Conference of Society of Legal Scholars, Oxford
Details at http://www.slsconference.uk 

Fri. 9 Sep. 2016:
State Accountability for Vulnerability - Socio-Legal Research Centre, Dublin City University
Details at http://www.dcu.ie/law_and_government/news-events.shtml 

Fri. 16 Sep. 2016 1:30 p.m.:  
Current Trends in Employment Law - Central Law Training CPD Seminar, Dublin
Details at http://www.cltireland.ie/course.aspx?crseidcode=1076

Thu. 29 Sep. 2016:
Employment Law Update 2016 - Law Society, Dublin
Details at https://www.lawsociety.ie/Courses--Events/cpd/

Thu. 29 Sep. 2016:
Implementing the New EU Data Protection Regulation - Dublin
Details at http://cmgevents.ie/events/categories/legal_regulatory/

Fri. 7 Oct. 2016:
Cybercrime - ACJRD Annual Conference, Dublin
Details to follow at http://www.acjrd.ie 

Thu. 20 Oct. 2016:
Annual Property Law Conference 2016 - Law Society, Dublin
Details at http://www.lawsociety.ie/Annual_Property_Law_Conference_2016

Fri. 21 Oct. 2016:
Probate Practice - A Practical Guide to Recent Developments - Dublin
Details at http://www.cltireland.ie/cpd-training.aspx 

18-20 Nov. 2016:
Annual Conference of Irish Association of Law Teachers, Waterford.
Details at
http://www.ialt.ie/event/annual-conference-of-the-irish-association-of-law-teachers-2016

Follow Irish Law Events on Twitter: @irishlawevents 



Tuesday, November 24, 2015

Events in November 2015 and after

I've updated the listings of events as follows:

Thu. 26 Nov. 2015:
European Data Privacy Rights and Democratic Politics: A Tangled Web - Professor Deirdre Curtin,
Irish Society for European Law, Dublin
Details at https://www.isel.ie/event/view/108/n-a

27-29 Nov. 2015:
The Law Lecturer: Enhancing Academic Life - Annual Conference of the Irish Association of Law Teachers 2015 – Salthill Hotel, Galway
Details at http://www.ialt.ie/event/annual-conference-of-the-ialt-2015

Fri. 27 Nov. 2015:
Securing Accountability: Building effective prison monitoring, inspection, and complaints systems - Irish Penal Reform Trust, Dublin
http://www.iprt.ie/contents/2792

Fri. 27 November 2015:
Emmanuel Mellisaris (London School of Economics) - ʻSolidarity and Punishmentʼ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Sat. 28 Nov. 2015:
Graça Machel, one of the world’s leading women’s rights activists is to deliver the Second Annual International Human Rights Lecture - Mary Robinson Centre, Ballina, Co. Mayo
Details at http://www.maryrobinsoncentre.ie/events.html

Sat. 28 Nov. 2015:
Current Legal Challenges Facing Primary School Management - Law School, Trinity College Dublin
http://www.tcd.ie/Law/events/2015/primary-schools-legal-challenges.php

Mon. 30 Nov. 2015:
Direct Democracy Considered – Irish, Scottish, Swiss, and Transnational European Perspectives on the Use of Referendums, Quinn School of Business, UCD
Details at http://www.ucd.ie/law/eventsseminars/title,260230,en.html

Tue. 1 Dec. 2015:
The Future of the European Court of Human Rights
Irish Society of International Law, Dublin
Details at http://seanlester9.eventbrite.ie

Tue. 1 Dec. 2015:
Deflecting the Law from its Course: Capital Punishment and Clemency in Ireland, 1923-1990 - Professor Ian O'Donnell, Hugh M. Fitzpatrick Lecture in Legal Bibliography, Dublin
Details at http://www.lawsociety.ie/Courses--Events/Other-Events/Events/Hugh-M-Fitzpatrick-Lecture-in-Legal-Bibliography2/

Wed. 2 Dec. 2015:
Constitutionalising Labour Rights - Professor Judy Fudge, UCD Sutherland School of Law
Details at http://www.ucd.ie/law/eventsseminars/title,258804,en.html

Thu. 3 Dec. 2015:
Using the Law to Secure Social Justice - Lecture by Michael Farrell, FLAC, Dublin
http://www.flac.ie/news/events/2015/12/03/ninth-annual-dave-ellis-memorial-lecture/

Thu. 3 Dec. 2015:
Barristers at War, Courts Centenary Commemoration Committee, Dublin
Details at http://www.lawsociety.ie/Courses--Events/Other-Events/Events/Barristers-at-War-Lecture/

Sat. 5 Dec. 2015:
Precedent in the EU: The Linguistic Aspect Irish Centre for European Law and University of Exeter Workshop, Dublin
Details at http://www.icel.ie/Precedent

Wed. 9 Dec. 2015:
Constitutional Law: An Update - UCD Sutherland School of Law, Dublin
http://www.ucd.ie/law/eventsseminars/title,259667,en.html

Wed. 9 Dec.2015 12:30 PM:
Two Cheers for the Anti-Impunity Norm - Ulster University, Transitional Justice Seminar Series, Jordanstown campus
https://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/anti-impunity-norm

Thu. 10 Dec. 2015:
The EU Digital Single Market: Professor Robert Clark, Arthur Cox Solicitors, IP Law Café at University of Limerick
Details at http://www.ul.ie/law/news/00%5Bnid%5D-ip-law-café-201516

Fri. 11 Dec. 2015:
Employment Law - Irish Centre for European Law conference, Dublin
Details at http://www.icel.ie/Employment2015 

Fri. 11 December 2015
Bebhinn Donnelly-Lazarov (Swansea University) - ʻWhat does it mean to be responsible for action: lessons from criminal lawʼ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Mon. 14 Dec. 2015:
Where Next For a Bill of Rights for Northern Ireland - Transitional Justice Institute, University of Ulster, Belfast
http://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/a-bill-of-rights-for-northern-ireland-where-next

2016:

Thu. 21 Jan. 2016:
Valuing IP rights: Professor Bill Murphy, School of Law, UNH, IP Law Café at University of Limerick
Details at http://www.ul.ie/law/news/00%5Bnid%5D-ip-law-café-201516

Tue. 29 January 2016
Zoi Aliozi (NUI Galway Irish Centre for Human Rights) - ʻDeconstructing Human Rights in Times of Economic Crisis: A Philosopho-Legal Approachʼ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Thu. 18 Feb. 2016:
IP and Disruptive Technologies : 3D Printing explored: Kate Harnett, William Fry Solicitors, IP Law Café at University of Limerick
Details at http://www.ul.ie/law/news/00%5Bnid%5D-ip-law-café-201516 

Fri. 19 February 2016:
Michael Sevel (University of Sydney) - ʻJoseph Razʼs Philosophy of Human Rightsʼ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Fri. 4 March 2016:
Elizabeth Shaw (University of Aberdeen) - ʻFree will scepticism and criminal behaviourʼ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Thu. 10 Mar. 2016:
National and international taxation of IP rights: Professor Jeffrey Maine, University of Maine Law School, IP Law Café at University of Limerick
Details at http://www.ul.ie/law/news/00%5Bnid%5D-ip-law-café-201516

Fri. 18 March 2016:
Mairead Enright and Emilie Cloatre (University of Kent) - ʻTransformative Illegality: Condom Mail Order in the West of Irelandʼ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Fri. 8 April 2016:
Michael Frazer (University of East Anglia) - ʻThe Ethics of Social Explanation: Causal and Interpretive Approaches as Expressions of (Dis)Respect for Subjectsʼ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Mon. 18 Apr 2016 2:00 p.m.:  
Access to Justice; identifying the problems, finding the solutions - WIT Waterford, School of Humanities, and the Association of Family and Conciliation Courts, Seminar, Dublin
Contact   Sinead Conneely - sconneely@wit.ie

Thu. 21 April 2016:
Law and the Environment 2016 - School of Law, University College Cork
Details to follow at http://www.ucc.ie/law/ 

Thu. 21 April 2016:
Protecting Patents: Michael Lucy, Patent Attorney, IP Law Café at University of Limerick
Details at http://www.ul.ie/law/news/00%5Bnid%5D-ip-law-café-201516 

Fri. 29 April 2016:
Yaniv Roznai (The Minerva Centre for the Rule of Law Under Extreme Conditions, University of Haifa) - ʻUnconstitutional Constitutional Amendmentsʻ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Fri. 13 May 2016:
Uladzislau Belvusau (Vrije Universiteit Amsterdam), Alexsandra Gliszczynska-Grabias (Poznan Human Rights Centre) and Ioanna Tourkochoriti (NUI Galway) - ʻRemembering Holocaust and other Atrocities Through Lawʼ  - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

23-24 May 2016:
(Dis)locating Comparative Law: Annual conference of the Irish Society of Comparative Law, NUI Galway
http://bit.ly/ISCL-2016

27 June to 1 July 2016:
Summer School on Transitional Justice 2016 - Transitional Justice Institute, University of Ulster, Belfast
http://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/summer-school-on-transitional-justice-2016

Law Society Diploma and Certificate courses:  

Details at http://www.lawsociety.ie/Courses--Events/Public-Diplomas-CMS/

Diploma in Arbitration; Diploma in Finance Law; Diploma in Corporate Law and Governance
Diploma in Mediation; Diploma in Technology Law; Diploma in In-House Practice
Diploma in Litigation Management Skills (new); Certificate in Aviation Leasing and Finance
Certificate in Advanced Negotiation; Certificate in Charity Law, Trusteeship and Governance
Certificate in Employment Law Advocacy Skills; Certificate in Commercial Contracts
Certificate in Company Secretarial Law and Practice; Certificate in Trade Mark Law
Diploma in Aviation Leasing and Finance; Diploma in Commercial Property;
Diploma in Employment Law; Certificate in Data Protection Practice;
Certificate in Environmental and Planning Law; Certificate in Human Rights Law

Follow Irish Law Events on Twitter - @irishlawevents

To receive an e-mail each time a new event is added to Irish Law Events, use this link to submit your e-mail address:  http://url.ie/5zj

Tuesday, October 13, 2015

IT Law Clinic at UCC - dealing with queries from startups



How can you protect the copyright in your images and software?
How can you ensure your site complies with data protection law?
What are the laws on selling online?
What are the rules regarding web domain names?
Can customer data be stored in cloud services?
-  For questions like these, contact the IT Law Clinic

At the IT Law Clinic, UCC law postgraduate students provide information to startups on legal questions.   There is no charge for the service.
Students and academic staff work in partnership with established law firms.
We are part of the European network of ICT law incubators – www.ilincnetwork.eu.

Contact us for more information:
Phone (021) 490 3452.  Email itlawclinic@ucc.ie    

Twitter: @ITLawClinicUCC

https://www.ucc.ie/en/law/society/law-and-innovation-clinic/ 
IT Law Clinic, School of Law, University College Cork

Tuesday, September 29, 2015

IT Law Clinic at UCC

The IT Law Clinic at University College Cork is now up and running.

At the clinic, law postgraduate students provide information to startups on issues of copyright law, data protection, electronic commerce law and web domain names.

The development of the IT Law Clinic builds on UCC’s membership of iLINC, the EU network of ICT Law Incubators (see www.ilincnetwork.eu).


The academic staff are Dr Darius Whelan and Professor Maeve McDonagh.

No fee will be charged for the provision of information.

Startups who wish to seek information on these issues should email d.whelan@ucc.ie.

Requests for information must be submitted in writing only; there is no telephone or interview service. Requests will be admitted on the following basis:

• The clinic deals with issues of copyright law, web domain names, electronic commerce law and data protection law;
• The clinic will not provide information on employment law or company law;
• The clinic will not provide information if litigation has commenced;
• A query will not be admitted if it is unduly complex;
• The startup must have a low annual turnover, normally a maximum of €100,000 p.a.;
• The clinic can normally only deal with queries during semester 1 of the academic year, i.e. September to November;
• If the clinic has sufficient queries for its workload, it cannot take further queries.

Information will be provided in consultation with one of our collaborating solicitors’ firms – McCullagh Wall, Ronan Daly Jermyn and O’Dowd Solicitors. Responses to queries will be provided in a timescale of approximately 4 to 5 weeks. Terms and conditions, notified to the startup, will apply to the information provided.

Clinic website - www.ucc.ie/law/IT-Law-Clinic/  



Tuesday, July 14, 2015

IT Law Clinic at University College Cork

From September 2015, the School of Law at University College Cork will open an IT Law Clinic.

UCC law students will provide information to businesses in the IT sector on issues such as copyright law, web domain names, electronic commerce law and data protection law. 

Clinic activities will include training on provision of legal information, meetings with IT businesses, guest seminars and engagement in proposals for law reform.

The development of the IT law Clinic builds on UCC’s membership of iLINC, the EU network of ICT Law Incubators (see www.ilincnetwork.eu).

For more information on Intellectual Property and E Law at UCC see www.ucc.ie/law/lawonline/elaw/.

The IT Law Clinic module will be a 5-credit semester 1 LLM module (LW6612).  Students will be admitted  by means of application form and interview. 

For more information contact Dr Darius Whelan (d.whelan@ucc.ie) and Professor Maeve McDonagh (m.mcdonagh@ucc.ie)

www.ucc.ie/en/lawsite/currentstudents/it-law-clinic/

Thursday, August 14, 2014

World Intermediary Liability Map - Ireland Entry

I have contributed the Irish entry to the new World Intermediary Liability Map (WILMap) at Stanford Law School Center for Internet and Society (CIS).

The WILMap educates the public about evolving Internet regulation affecting freedom of expression and user rights worldwide. It is managed by Giancarlo Frosio, the Intermediary Liability Fellow at CIS.
The map is a detailed English-language resource comprised of case law, statutes, and proposed laws related to intermediary liability worldwide. It allows visitors to the CIS website to select information on any country of interest through a graphical user interface.

The full entry on Ireland which I contributed is Creative Commons licensed and is available here.

An edited version appears below:

WILMAP: IRELAND



LEGISLATION

[A report by an expert committee on reform of copyright law, including a draft Bill. Includes proposals concerning intermediaries, e.g.  (1) that a “marshalling” exception be introduced for sites which index, syndicate, aggregate or curate online content and (2) that certain sections of the Copyright and Related Rights Act 2000 concerning transient and incidental copies be amended to come more closely into line with the CJEU’s approach to interpretation of the Information Society Directive.] 
[The Privacy Bill was published by the previous Government in 2006 but has not been enacted.  In 2012, the Minister for Justice stated that he was considering re-introducing a version of this Bill.]  

DECISIONS

SUPERIOR COURTS

Supreme Court, EMI v Data Protection Commissioner [2013] IESC 34 
[copyright, privacy, data protection, graduated response]
[A settlement had been reached between record companies and a large ISP, Eircom, instituting a Graduated Response Protocol under which Eircom would issue copyright infringement notices to customers.  The Data Protection Commissioner believed that this Protocol breached EU and Irish data protection law and issued an enforcement notice requiring Eircom to cease its operation of the Protocol. The Supreme Court found that the enforcement notice was invalid because of the absence of reasons.]

LOWER COURTS

High Court, Schrems v Data Protection Commissioner [2014] IEHC 310 
[privacy, data protection, Facebook, transfers of personal data to USA]
[(1) The Data Protection Act 1988 as amended prohibits transfers of personal data outside the state unless adequate privacy protections are in place.  In 2000, the European Commission had decided that the USA ensured an adequate level of privacy protection for data.  A Safe Harbour framework had been put in place between Europe and the USA regarding transfers of personal data.
(2) In light of the Snowden revelations, Mr Schrems, an Austrian lawyer who runs the “Europe v Facebook” group, made a complaint to the Data Protection Commissioner arguing that the Commissioner should direct that transfers of personal data from Facebook Ireland to Facebook in the USA should cease.  Facebook Ireland is responsible for millions of Facebook users outside the USA and Canada.
(3) The Commissioner decided that the request was unsustainable in law.  Mr Schrems sought Judicial Review of the Commissioner’s decision.  
(4) In the High Court, Hogan J. said that much had changed since 2000, including for example the entry into force of the EU Charter of Fundamental Rights.  As a result, he referred questions of EU law to the Court of Justice of the EU (CJEU).  He also noted that mass and indiscriminate surveillance of communications as shown by the Snowden revelations would, as a matter of Irish law, be unconstitutional, but that Irish law on this matter had effectively been pre-empted by EU law.]  
High Court, Schrems v Data Protection Commissioner (No.2) [2014] IEHC 351
[privacy, data protection, Facebook, transfers of personal data to USA, amicus curiae]
[The High Court ordered that Digital Rights Ireland (DRI) be added as amicus curiae in the proceedings, which will now proceed to the CJEU.  DRI had stated that it would not adopt a position of partisanship. Hogan J. distinguished this case from the case of EMI v UPC [2013] IEHC 204, where DRI was not added as amicus curiae. The court also noted DRI’s successful case before the CJEU – Case 293-12, Digital Rights Ireland v Minister for Communications ECLI:EU:C:2014:238. The court did not permit DRI as amicus to alter the nature of the questions which it had already proposed should be transmitted to the CJEU.] 
High Court, Cummins v Twitter, February 2014 
[defamation, libel, hosting provider, Twitter]
[The High Court ordered that Twitter remove defamatory posts concerning the mayor of Waterford.  The order was made under s.33 of the Defamation Act 2009.]  
High Court, EMI v UPC [2013] IEHC 274
[copyright, access provider, ISP, torrent, ThePirateBay, blocking order]
[Record companies successfully applied for an order against various ISPs blocking access to the Pirate Bay website, based on the amended s.40 of the Copyright and Related Rights Act 2000. Later in 2013, the record companies successfully applied to the High Court for Kickass Torrents to be blocked.]
High Court, EMI v UPC [2013] IEHC 204
[copyright, access provider, ISP, torrent, ThePirateBay, blocking order, amicus curiae]
[Record companies had instituted proceedings seeking an order against various ISPs blocking access to the Pirate Bay website.  Digital Rights Ireland (DRI) applied to be added as an amicus curiae.  The Court refused to add DRI to the case.  Considering Irish cases on criteria for joining an amicus curiae, the court found that this case did not involve novel principles and DRI was not a neutral party.]  
High Court, Tansey v Gill [2012] IEHC 42
[defamation, hosting provider, preliminary injunction, interlocutory order]
[The plaintiff claimed he had been defamed on the website www.rate-your-solicitor.com.  He successfully sought interlocutory orders under s.33 of the Defamation Act 2009 against certain defendants prohibiting publication of the defamatory statements.  The court noted that, since the arrival of the internet, judicial hesitation in granting interlocutory orders of this type should be eased. One of the defendants was the host of the website, Dotster, located in the USA.  Dotster had not made an appearance in the case and the court made a final order in default of appearance.]   
High Court, McKeogh v Doe [2012] IEHC 95 
[defamation, privacy, right to good name, video removal, Norwich Pharmacal orders.]
[The plaintiff had wrongly been identified as the taxi fare evader shown in a video posted on various websites.  The judgment primarily concerns the issue of whether the plaintiff could be named on newspaper websites reporting the court case and the court ordered that he could be named.  The court noted that it had earlier granted interim orders that social media sites such as YouTube and Google should remove the video and provide the identities of web users who had defamed the plaintiff.  The orders regarding identities of web users were granted applying the UK tort case of Norwich Pharmacal v Customs & Excise [1973] UKHL 6. According to media reports, there have been further developments in this case in 2013 and 2014.] 
High Court, EMI v UPC [2010] IEHC 377 
[copyright, access provider, mere conduit, ThePirateBay, E-Commerce Directive]
[Record companies sought orders (1) restraining UPC, an ISP, from making available to the public copies of sound recordings which breach copyright and (2) requiring UPC to block access to the Pirate Bay site. The court found that s.40(4) of the Copyright and Related Rights Act 2000 only covered “removal” of infringing material and therefore an injunction could not be granted.  Charleton J. also reconsidered his previous decision in EMI v Eircom [2009] IEHC 411 (see below), in which he granted an order requiring an ISP to block access to the Pirate Bay, and stated that his previous decision in that case had been incorrect. Following this case, s.40 of the 2000 Act was amended by Statutory Instrument in 2012 (see above).] 
[privacy, data protection, data retention, access providers, ISP, telephony providers, Directive 2006/24/EC, referral, ECJ, invalidity]
[This litigation concerned the validity of the data retention requirements imposed on ISPs and telephony providers. This case led to a decision by the CJEU (Grand Chamber) that the Data Retention Directive (Directive 2006/24/EC) was invalid, Case 293-12, Digital Rights Ireland v Minister for Communications ECLI:EU:C:2014:238.]
High Court, EMI v Eircom [2010] IEHC 108  
[copyright, data protection, graduated response]
[Record companies had reached a settlement with a large ISP (Eircom) instituting a graduated response system.  Charleton J. held that the settlement did not breach data protection laws as IP addresses in the hands of the record companies which do not identify subscribers are not “personal data”. He said that copyright is flagrantly violated by music theft and the sanction of terminating access is not excessive. Eircom’s terms and conditions stated that copyright must not be infringed and subscribers have agreed to these terms.]
High Court:  Irish Red Cross v UPC and Google (Unreported, 2010) [see news coverage here and here]
[confidentiality, breach, privacy, disclosure, alleged infringer, hosting provider, blog, liability of blog host]
[According to website reports, it appears that the High Court ordered that UPC and Google reveal the name of an anonymous blogger who allegedly breached confidentiality on the Blogger website.  Originally Google Ireland was named as defendant but the court permitted Google Inc to be substituted.] 
High Court, EMI v Eircom [2009] IEHC 411
[copyright, access provider, ISP, torrent, ThePirateBay, website blocking order, graduated response]
[Record companies had reached a settlement with a large ISP (Eircom) instituting a graduated response system. The court ordered, on application by the record companies, that Eircom should block access to the Pirate Bay website. The court based its decision on s.40(4) of the Copyright and Related Rights Act 2000 and the Information Society Directive 2001.]  
High Court, Mulvaney v Sporting Exchange trading as Betfair [2009] IEHC 133 
[defamation, libel, hosting provider, gambling, chatroom, forum, E-Commerce Directive, hosting defence]
[Betfair was a gambling site which also operated internet forums (chatrooms) where users could discuss sports events and other issues. The plaintiffs alleged defamation by forum users. As a preliminary issue, Betfair successfully relied on the hosting defence in the E-Commerce Directive as implemented by the 2003 Regulations. The court found that the gambling exception to the Directive and Regulations did not apply as the forums were not directly connected to the gambling part of the site.] 
High Court, Ryanair v Johnston, 2005/514P, July 12, 2006 
[bullying, intimidation, privacy, hosting provider, bulletin board, website operator, moderator, members, liability, disclosure, identities, alleged infringers, Norwich Pharmacal order]
[This was an action against the operators and moderator of an internet site and bulletin board set up to facilitate discussions by Ryanair pilots.  Ryanair alleged that bullying and intimidation of pilots was taking place on the site and sought ‘Norwich Pharmacal’ orders to disclose the identities of certain users of the bulletin board. On reviewing the evidence, Smyth J. found that there was no evidence of bullying or intimidation or that Ryanair had suffered loss. He distinguished this case from EMI v Eircom, 2005 (see below) and the English case of Totalise v Motley Fool [2001] EWCA Civ 1897.  He also stated that a balance needed to be struck between justice and privacy.]   
High Court, EMI v Eircom [2005] IEHC 233 
[copyright, privacy, confidentiality, access provider, disclosure, identities, alleged infringers, Norwich Pharmacal order]
[Record companies requested Eircom, a large ISP, to provide identities of 17 customers who were allegedly infringing copyright. The High Court ordered that customers’ identities should be passed to the ISP, based on the UK tort case of Norwich Pharmacal v Customs & Excise [1973] UKHL 6. The court also relied on the Canadian case of BMG Canada v Doe 2004 FC 488.] 

OTHER RESOURCES

A Guide to the European Communities (Directive 2000/31/EC) Regulations 2003, http://www.djei.ie/publications/trade/2003/ecommercedirectiveguide.doc
Data Protection Commissioner, www.dataprotection.ie
Data Protection Commissioner, Final report of Audit of Facebook Ireland (2011) and Facebook Ireland Audit Review Report (2012), http://dataprotection.ie/docs/Facbook-Audit/1290.htm 
Digital Rights Ireland, http://www.digitalrights.ie
Information Technology Law in Ireland – Denis Kelleher and Karen Murray, http://ictlaw.com
Information Technology Law in Ireland – TJ McIntyre Blog, http://www.tjmcintyre.com
Internet Content Governance Advisiory Group, Report of the Internet Content Governance Advisory Group (2014), http://www.dcenr.gov.ie/NR/rdonlyres/0BCE1511-508E-4E97-B1A9-23A6BE9124A...
Internet Hotline, www.hotline.ie  
Joint Committee on Transport and Communications, Addressing the Growth of Social Media and Tackling Cyberbullying (2013), www.oireachtas.ie/parliament/media/Report-on-Social-Media-July-2013-Webs...
Office for Internet Safety, http://www.internetsafety.ie

CONTRIBUTORS

Darius Whelan
Lecturer in Law, University College Cork  
Email: d.whelan@ucc.ie