New answers tagged

15

Of course, remote access tools and remote administration can be legitimate. But such tools also have substantial potential for abuse. You as the app provider might have a responsibility for ensuring security and safety of your system. In particular: consider whether other mechanisms are more appropriate for sharing pictures, e.g. a messenger app the user ...


0

The causal link between the existence of spam and how the email address is used is going to be the tenuous part of the argument. Virtually all email addresses receive a certain amount of spam so who is to say that the fact that the email is used for work is the reason for increased spam, the spam could just as easily originated from a business card that the ...


1

It is not required that a web site or app have a ToS document at all. If it does, there is no requirement that it use legal terminology. A ToS is where the site operator or app maintainer defines the policies that will be used, and spells out rules that users must follow. In some cases it will be a legally binding contract between the operator and the users,...


3

You "can" do it any way you want, it's just that there are certain risks associated with option 1 vs 2 vs 3 or 4. Generally speaking, the lowest risk is associated with hiring a lawyer to discuss your requirements and write the necessary documents. It's possible that the most risky approach is writing your own documents, depending on how much legal ...


5

Yes, you can use such eye tracking if you obtain consent in a suitable manner. But obtaining consent is going to be very difficult for you. The processing activity in question occurs within the context of an EU establishment of the data controller. Thus, GDPR applies regardless of where the data subjects are located. Under GDPR, any processing activity needs ...


2

Yes A creditor (or alleged creditor) in the US may report such a debt, but must include in the report the information that the debt is disputed, if the creditor has been informed in writing that there is a dispute. If the consumer disputes that debt is valid that is a "factual dispute". That would include claims that goods ordered were never ...


2

A privacy policy is generally not an agreement or a contract, it is a statement of the provider's actions in connection with the acquisition and retention of personal information (PI) and other privacy issues. Various laws may require a provider to hae a current and accurate privacy policy displayed, including the GDPR, the CCPA, HIPPA, and various industry-...


4

The privacy policy now includes the statement: We may amend or update this policy from time to time and will notify you of any material changes to this policy. Previous versions of this privacy policy are available upon request. Previous versions of the policy included the same or similar language. When an agreement includes such language, it can be ...


7

It is absolutely not the case that Providers are not allowed to keep PII without consent. Article 6 of the GDPR identifies six possible lawful bases for processing personal information. These are: (a) the data subject has given consent ... (b) processing is necessary for the performance of a contract to which the data subject is party or in order to take ...


4

Consent is only one of the 6 GDPR grounds. Necessity is another. Since a provider provides an on-going service, it needs a contract, and the contract by necessity needs to name the parties of the contract.


1

does the law have provisions for 'well known service providers' when it comes to privacy terms? No, the law (generally) doesn't make a provider's rights worse when it crosses a certain size threshold. And even where those restrictions exist, they can be gamed around. Suppose you "break up AT&T" as it were. Four brothers form corporations: ...


-3

Sorry. I know this will be downvoted. Sovereigns are not bound by laws, they are bound by channels of obedience. If the sovereign says it is legal, then it is legal. If the sovereign says it is illegal, then it is illegal. This includes sovereigns composed of systems. Not everything falls under lawful or unlawful. There is just and unjust as well as power ...


17

GDPR doesn't generally expect “agreement”, so it's not necessary to prevent access by people who don't “agree”. A privacy policy is not a contract, but an unilateral notice about how personal data will be processed. This processing is either legal, or it is not. The GDPR contains various conditions and parameters that determine what is legal. In particular, ...


28

The point of privacy laws is to set basic standards that apply to everyone, whether or not they have a privacy policy. A privacy policy that is inconsistent with privacy laws cannot be enforced. Breaches of privacy law can be punished even if the conduct is permitted by a privacy policy. Article 7 of the GDPR illustrates this by making special provision for ...


1

By using their service, you have to agree to their conditions. So yes, if you don't agree, you can't use their services. There are alternatives, although of course they may have limitations in functionality or reach (there's a reason many people think google is the best search engine). If you think they do more with your data than what you agreed to, you may ...


4

If you have a password protected phone, these ideas probably mostly qualify as trade secrets. A law enforcement officer using trade secrets obtained for a limited purpose in furtherance of investigating a potential crime who used the trade secrets without permission would likely be guilty of theft of trade secrets because the personal use would exceed the ...


1

The GDPR does apply to government as well, but that doesn't mean you automatically get a right to opt out. Under GDPR, every collection or further processing of personal data needs a legal basis. Well-known legal bases are “consent” or “legitimate interest”. But instead, your country's registry will likely operate for “a task carried out in the public ...


1

Short answer: You can not deny them having records Data Privay laws in the Eu allow any service provider to process data under a necessity standard. Medical professionals are required by law to keep records and review them as needed, which meets all the necessary standards. Because of that, you can not ask them not to keep records. Your medical information ...


4

united-kingdom Under the Borders, Citizenship, and Immigration Act 2009, ss 14 et seq, the wrongful disclosure of information gained by a customs officer in their search is a criminal offence. Thus, the misuse of your information (ie, your ideas) would not be lawful. However, the problem is that UK Border Force Officers wear two hats: they are both customs ...


26

Mere ideas are not, as others have said, protected by copyright. However, the police officer in such a situation may have a duty of confidentiality, particularly if s/he is informed that the contents of the phone are confidential. For example the "Officer's Code of Conduct" of Canton Ohio, says: Whatever a Police Officer sees, hears or learns of ...


9

can I sue them for stealing my idea? england-and-wales The case of Oxford v Moss 1979 established that information, in and of itself, cannot be stolen. So, in answer to the question posed: No However, a civil claim may be appropriate if the officer has been found guilty of either a criminal offence, such as s.1 of the Computer Misuse Act 1990 or of (gross-)...


6

Your ideas for startups or inventions might qualify as trade secrets. Trade secret law is not uniform internationally so this might or might not help you. But it is very uniform within the US.


1

united-statescopyright Ideas are not copyrightable In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. 17 USC 102 Copyright only is ...


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