Information Law

Charles Oppenheim BSc, PhD, DSc, DipInfSc, CertEd, FCLIP, HonFCLIP, FRSA, AUMIST, FRPSL is Senior Consultant at Naomi Korn Associates and a Visiting Professor at Robert Gordon University and is an independent consultant. He has been involved in research, talks and publications on the library and information professions, national information policy, the information industry, Intellectual Property Rights and related legal issues, data protection, bibliometrics, the evaluation of research quality, and scholarly publishing trends.Adrienne Muir MA, MSc, PhD, PG Dip IT and Telecomms Law, FHEA, MCLIP is Senior Consultant at Naomi Korn Associates. Previously she was Professor of Information Management at Robert Gordon University where she focused on legal and ethical issues relating to digital libraries. Adrienne served as copyright and liaison officer on the eLib ACORN electronic reserve project and was a member of an international study on the impact of copyright law on digital presentation. She has taught legal and ethical issues to students in business studies; computer science; graphic communication; media, information and library studies. Naomi Korn BA (Hons), MA is the Managing Director of Naomi Korn Associates, the UK’s leading copyright, data protection and legal compliance management consultancy. She developed the ‘Compliance Methodology’ and as Chair of LACA (Libraries and Archives Copyright Alliance) successfully lobbied for changes to UK copyright law. She is a visiting lecturer at University College London, City University and Kingston University and provides training for library and information professionals. Naomi is a CREATe Industry Fellow and a rights specialist on the National Lottery Heritage Fund Advisors Network.

• ContentsList of acronyms List of case studies List of figures and tables Introduction1 Copyright and related rights Introduction What does copyright protect? Restricted acts Exceptions to copyright The new text and data mining exception Moral rights Database rights Performers’ rights Some problems arising from copyright Orphan works Managing copyright2 Data protection Introduction Some details about the UK’s data protection law Some definitions in UK data protection law The rights of data subjects Exemptions under the law Transfer of data out of the EEA 0 A reminder of the changes introduced by the GDPR Top tips Further reading 3 Freedom of information Introduction Some details of the UK law Exemptions to FoI The Information Commissioner’s Office (ICO) The overlap between FoI and data protection Top tips Further reading 4 Governance, audits and risk assessment Introduction Information governance frameworks Roles in information governance Governance committees or boards Senior Responsible Officer Compliance officers Audits Forward planning Top tips 5 Policies Introduction What should the policy contain? How does one ensure the policies work? Information policy examples Checklist for an information law policy 6 Procedures: copyright and related rights Introduction Intellectual property rights Library, information and knowledge services and intellectual property rights Orphan works Rights management means risk management Acceptable use policies and procedures Notice and take-down procedures Performances in libraries Top tips 7 Procedures: using and negotiating licences for access to information resources Introduction The electronic information industry The licences you will encounter What’s in a typical licence? Top tips when negotiating licences presented to you by third parties Further reading 8 Procedures: data protection and freedom of information Introduction Practical implementation of the law for library, information and knowledge workers Data protection officers (DPOs) Documenting processing activities Data breaches Data protection impact assessments Responding to requests and complaints Freedom of information Publication schemes Recognising and responding to FoI requests Codes of practice Top tips9 Tools and templates Introduction Copyright and licensing agreements Copyright compliance and risk management Copyright, licensing and library management systems Digital asset management systems Privacy By design Data protection compliance assessment Information audits and documentation Privacy notices Privacy impact assessments Reporting personal data breaches Freedom of information publication schemes Dealing with freedom of information requests Top tips10 Awareness and engagement Introduction Benefits of engaging with information law issues Training Role of games Train the trainer Training needs analysis Developing a long-lasting and integrated approach to information law awareness and engagement Top tips11 Some speculations about the future Appendix 1 Carrying out an information asset audit Appendix 2 Sample IP policy Appendix 3 Sample data protection policy Appendix 4 Possible contractual terms for online access to database service Appendix 5 Data protection privacy notice templateBibliography Index