Investing in Privacy Protection

If you need help to persuade your organisation to adopt a proper privacy policy (or to update an existing one), then it might be worth reviewing the Information Commissioner's latest guide, called The Privacy Dividend.

At just under 100 pages, it offers comprehensive guidance. It also starts with an overview and a business case for executives (providing a "quick read" alternative). The first 20 pages offer the business case, and the last 60 pages contain the supporting materials. The conclusion that a proper policy makes good business sense should not surprise anyone!

A copy can be downloaded here.

Data Protection: Monetary Penalty Notices from 06 April 2010

One important aspect of theatre law relates to the data held by performance companies and venues. The ownership and sharing of this data has been seen to be difficult in the past.

Up to now, many cases have been dealt with by informal undertaking (including in February the Alzheimer’s Society following three security breaches). The National Theatre has admitted that they have been subject to a failure in their data security too.

From 6 April 2010, the Information Commissioner may issue monetary penalty notices of up to £500,000 for serous data protection breaches.

It may be tempting for the Information Commissioner to view this new power as a valuable income stream. I  would therefore recommend that all data controllers:

• Take steps to identify the risks of handing personal data (conduct risk assessments, become accredited, or adopt “privacy by design” systems);
• Make sure you can demonstrate the steps taken;
• Take more care of sensitive data;
• Refer to data protection in your disaster recovery plan, establish clear lines of responsibility and stick to the agreed policies;
• The Commissioner provides updated guidance, so audit your policies regularly;
• Act quickly if a problem arises;
• Learn from past mistakes.

Ticketing controls ruled out

The DCMS has published the results of its consultation on ticketing and ticket touting. Despite stating that the "strongest possible safeguards" should be available to the public when dealing with the secondary ticket market, it would seem that there is no appetite in government circles to legislate for better regulation.

The current, voluntary, industry regulation (STAR) will continue in its current form.

I have recently had the pleasure of meeting Steve Rich, who reports that he regularly receives emails from first time West End theatre goers, who have been persuaded to part with their money for non-existent tickets, or for top price tickets sold for lower priced parts of the theatre.

It seems that the respondents to the consultation would agree with Steve that the current voluntary scheme does not work.

Raffles and other lotteries

The Gambling Commission has published new guidance on " non-commercial and private gaming and betting". This is the phrase used by the Commision to describe not for profit, and charitable events (ie those events where no part of the proceeds is for private profit or gain).

The distinction is important because unlawful gaming is illegal. The note sets out background to prize gaming and equal chance gaming, and explains the position for private betting and incidental non-commercial lotteries. The note is not easy for beginners to follow, but intermediate / advance theatre law practitioners might find it helpful. The text can be found here.

Arts Council England - 10 year strategy

ACE has announced a consultation as part of its formulation of a new 10 year funding strategy. More details are at www.artscouncil.org.uk/consultation. Responses should be given by 14 April 2010