The law: Data Protection Act
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UBill gets royal assent The Data Protection Bill has received royal assent. The Data Protection Act 1998 will implement the requirements of the Data Protection Directive into UK law. But, although the directive comes into force on 24 October, the act is unlikely to be implemented before the end of the year. The main provisions will then be phased in over three years. In addition, the Home Office is consulting on subordinate legislation to the Act, such as how subject access will work and issues including fees, time limits for response and what information it should contain.
Copies of the Bill are available for £10, from the Stationery Office.
Data Protection Act 1998: Consultation Paper on Subordinate Legislation is available free by telephoning: 0171 273 3386. Comments should be sent by 30 September to Colin McGrath, Home Office, Data Protection Section, Room 1173, 50 Queen Anne's Gate, London SWIM 9AT. Fax: 0171 273 3205.
Employment tribunals The DTI has published the first annual report of the Employment Tribunals Service, which reveals that in 1997/8: • there has been an improvement in the time taken to bring tribunal cases to a hearing (84% of single cases having a first hearing within 26 weeks of receipt); • appeals to the Employment Appeal Tribunal were heard quicker than previous years; • the number of applications to industrial tri bunals has fallen to its lowest level in four years (just over 80,000); and • the most common complaints involved unfair dismissal (37,366), followed closely by unlawful deduction from wages (15,660).
The Employment Tribunals Service Annual Report 1997/8 is available, priced £12.70, from the Employment Tribunals Service Enquiry Line. Tel: 0345-959775. For further information, contact the DTi. Tel: 0171-215 5000.
Junk faxes and calls The Department of Trade and Industry (DTI) has published draft regulations to protect companies against unwanted direct marketing faxes and phone calls.
The regulations include these proposals: • individuals would be able to refuse all unsolicited direct calls (and both individuals and companies could refuse faxes of such a nature) by "opting out" via registration with a central list; • all direct marketers should include in their faxes, or in the course of calls, a freephone number or their address, so that those who do not wish to receive them can ask to be taken off their lists; and • it will be possible to go ex-directory free of charge.
In addition, the Government has stated that, if this scheme does not provide effective protection, it may introduce an "opt in" approach, under which such calls would only be allowed to be made to those who agree to receive them.
The draft Telecommunications (Data Protection and Privacy) Regulations 1998 are available free from Maria Neczyporczuk, CII2a, DTI, 151 Buckingham Palace Road, London SW1W 9SS. Also on the Internet at http://www.dti.gov.uk/cii/tdpd/condoc2.htm. Comments should be sent to Jane Duck, DTI, Bay 202, 151 Buckingham Palace Road, London SW1W 955 by 30 September.
Patently cheaper The DTI is proposing to reduce certain fees in connection with trademarks and patents from 1 October. The principal changes proposed are:
• abolition of the patent filing fee; • reduction of the trademark application fee from £225 to £200; • reduction of the fee for renewal of a trademark registration to £200; and • reduction of patent renewal fees, by 18% on average.
A full list of the revised charges is available on the Internet at: www.patentgov.uk.
Trade Mark Rules 1998 (SI 1998 No 1776), Registered Designs (Fees) Rules 1998 (SI 1998 No 1777) and Patents (Fees) Rules 1998 (SI 1998 No 1778) are all available from the Stationery Office. Tel: 0171 873 0011.