Ethics and Professionalism Copyright Act Privacy Act Harmful Digital Communications Act 2015

https://www.weforum.org/agenda/2016/10/11-must-reads- on-the-ethics-of-the-fourth-industrial-revolution/

Copyright Act 1994 Intention: Recognise the moral right of the author of intellectual property to be identified as the owner/originator of that property. Recognise the right of the author/originator of intellectual property to assign right of ownership to someone else. Protect the author/originator of intellectual property from infringements of the above rights. Define exceptions to the above rights.

What is covered by the Act? Literary Works including Computer Programs Dramatic Works Artistic Works Musical Works Sound recordings Films Broadcasts Typographical Arrangements Copyright protects original works, whether in hard copy or electronic form

The Copyright Act 1994 Copyright protects the expression of ideas or information – not the ideas or information itself © or “copyright notice” not legally required but is sensible as it reminds people of copyright and identifies copyright holder - © Susan Bennett, 2014

What rights? Owners Who Owns To copy To issue copies to the public or rent copies to the public To perform, play or show the work in public To communicate their work to the public To adapt their work – includes translations Who Owns The creator The employer if work is created in the course of employment The commissioner Varied by agreement

New Zealand time limit Literary, dramatic, musical and artistic* works 50 years beyond the death of the author Publisher’s copyright (typographical layout of a published edition) 25 years from publication Sound recordings and film 50 years from the year in which the work was made Communication works including repeats 50 years from the initial broadcast or transmission.  *Commercialised product designs (Artistic work that has been applied industrially) - product designs and casting moulds - 16 years - works of craftsmanship - 25 years  

Copyright infringement Copyright is infringed when a person uses a work in a way that is reserved for the owner, without permission Where copyright is infringed, the copyright owner may bring a legal action against the infringer to recover damages or an account of profits. Damages is monetary compensation paid to the copyright owner for loss suffered in respect of the infringement. In some circumstances, a person may commit a criminal offence if they make, import, sell, hire or distribute infringing copies of works. Criminal liability can attract fines of up to $150,000 and imprisonment for up to 5 years. (http://www.copyright.org.nz)

The Copyright (Infringing File Sharing) Amendment Act 2011 “provides rights owners with a special regime for taking enforcement action against people who infringe copyright through file sharing” The wording of the law, describes file sharing as: “where— “(a) material is uploaded via, or downloaded from, the Internet using an application or network that enables the simultaneous sharing of material between multiple users; and “(b) uploading and downloading may, but need not, occur at the same time” This amendment is specifically targeting peer-to-peer technologies, which describes networks that allow many people to share a file over the internet at the same time. Anyone involved in uploading or downloading an infringing file, for example a song, a movie or a book, over this kind of network, is caught under this legislation.

The Copyright (Infringing File Sharing) Amendment Act 2011 Repeals Section 92A of the Copyright Act and replaces it with a new process to deal with online copyright infringements. Three-notice regime When a rights holder believes that their rights have been infringed, they must collect evidence of the IP address, the time at which the infringement occurred and the file which is being shared. They can then pass this information to the ISP, and request that the ISP sends a notice to the account holder, informing them that they are infringing their rights as defined by the Act. An account holder must not receive more than three notices in any 21 day period. If, once the three-notice procedure has been completed, the rights holder does not feel that a satisfactory conclusion has been reached, they can take a claim to the copyright tribunal. The account holder has the right to appear at the tribunal hearing to argue their case. The tribunal has the ability to award up to $15,000 in damages. Source - www.netsafe.org.nz/how-will-the-copyright-infringing-file-sharing-amendment-act-work/

The Privacy Act 1993 Common understanding people need to be able to protect information about themselves people need the opportunity to withdraw - physically or mentally - from society. However, although privacy is important, it is not absolute. All privacy laws make allowances for other social interests such as: preventing crime ensuring safety ensuring that courts get information to make their decisions.

The Privacy Act 1993 Twelve privacy principles that set out how agencies may collect, store, use and disclose personal information. Personal information is information about identifiable, living people Agency “any individual, organisation or business, whether in the public sector or private sector.” Personal information “any information about an individual (a living natural person) as long as the individual can be identified.” http://privacy.org.nz/news-and-publications/privacy-videos/

Privacy Act 1993 Principles: Purpose of information collected. A lawful purpose connected with a function of the agency Necessary Source of personal information. Directly from individual concerned Information collection from subject. Individual needs to aware that information is being collected The purpose The intended recipients

Privacy Act 1993 Manner of collection. Not by unlawful means Not by unfair or intrusive means Storage and security of personal information. Reasonable safeguards against loss, misuse or disclosure Everything reasonable is done to prevent unauthorised disclosure or use by external contractors Access to personal information The individual concerned is entitled to: obtain confirmation that information is being held. Have access to information about them

Privacy Act 1993 Exemptions to principle 6 May refuse to disclose if: Pose risk to security or defence Breach confidence of another government Endanger the safety of an individual Disclose trade secret or unreasonably prejudice a commercial position Breach confidence where the information ahs been gained solely for the purposes of the individuals employment, or to decide whether to provide insurance cover Be contrary to the interests of an individual under the age of 16 Breach legal professional priviledge

Privacy Act 1993 Correction of personal information. Everyone is entitled request correction of their personal information Accuracy of personal information An agency must not use or disclose personal information without taking reasonable steps to ensure it is accurate, complete, relevant, up-to-date and not misleading Limits on time information may be held. Limits on use of personal information. Information gathered for one purpose must not be used for another

Privacy Act 1993 Limits on disclosure of personal information. Must relate to the purpose for which gathered Agency reasonably believes the information publicly available The disclosure is to the individual concerned Disclosure is authorised by individual concerned For public sector agency it is necessary to uphold or enforce the law, protect the tax base, assist in court or tribunal hearings Necessary to lessen or prevent a serious and imminent threat to public health or safety, or the life or health of any individual Disclosure is required to facilitate the sale of a business as a going concern The individual is not identified Disclosure is authorised by the Privacy Commissioner Unique identifiers

Office of the Privacy commissioner What they do: making public statements on matters affecting individual privacy investigating complaints about breaches of privacy running education seminars and workshops monitoring and examining the impact that technology has upon privacy developing codes of practice for specific industries or sectors examining new legislation for its possible impact on individual privacy monitoring data matching programmes between government departments inquiring into any matter where it appears that individual privacy may be affected. http://privacy.org.nz/news-and-publications/case-notes-and-court-decisions/ http://privacy.org.nz/news-and-publications/privacy-videos/

Harmful Digital Communications Act 2015 Purpose The purpose of this Act is to— (a) deter, prevent, and mitigate harm caused to individuals by digital communications; and (b) provide victims of harmful digital communications with a quick and efficient means of redress.

Digital communication (a) Means any form of electronic communication; and (b) Includes any text message, writing, photograph, picture, recording, or other matter that is communicated electronically harm means serious emotional distress individual means a natural person intimate visual recording— (a) Means a visual recording (for example, a photograph, videotape, or digital image) that is made in any medium using any device with or without the knowledge or consent of the individual who is the subject of the recording, and that is of— (i) an individual who is in a place which, in the circumstances, would reasonably be expected to provide privacy, and the individual is— (A) naked or has his or her genitals, pubic area, buttocks, or female breasts exposed, partially exposed, or clad solely in undergarments; or (B) engaged in an intimate sexual activity; or (C) engaged in showering, toileting, or other personal bodily activity that involves dressing or undressing; or (ii) an individual’s naked or undergarment-clad genitals, pubic area, buttocks, or female breasts which is made—

(B) through an individual’s outer clothing in circumstances where it is unreasonable to do so; and (b) includes an intimate visual recording that is made and transmitted in real time without retention or storage in— (i) a physical form; or (ii) an electronic form from which the recording is capable of being reproduced with or without the aid of any device or thing IPAP has the same meaning as in section 122A(1) of the Copyright Act 1994   Online content host, in relation to a digital communication, means the person who has control over the part of the electronic retrieval system, such as a website or an online application, on which the communication is posted and accessible by the user Posts a digital communication— (a) means transfers, sends, posts, publishes, disseminates, or otherwise communicates by means of a digital communication— (i) any information, whether truthful or untruthful, about the victim; or (ii) an intimate visual recording of another individual; and

Communication principles The communication principles are— Principle 1 A digital communication should not disclose sensitive personal facts about an individual. Principle 2 A digital communication should not be threatening, intimidating, or menacing. Principle 3 A digital communication should not be grossly offensive to a reasonable person in the position of the affected individual. Principle 4 A digital communication should not be indecent or obscene. Principle 5 A digital communication should not be used to harass an individual. Principle 6 A digital communication should not make a false allegation.

Principle 7 A digital communication should not contain a matter that is published in breach of confidence. Principle 8 A digital communication should not incite or encourage anyone to send a message to an individual for the purpose of causing harm to the individual. Principle 9 A digital communication should not incite or encourage an individual to commit suicide. Principle 10 A digital communication should not denigrate an individual by reason of his or her colour, race, ethnic or national origins, religion, gender, sexual orientation, or disability. (2) In performing functions or exercising powers under this Act, the Approved Agency and courts must— (a) take account of the communication principles; and (b) act consistently with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990.