There have been a number of conversations around the organisation where I work, as to the issues around using Web 2.0 sites, specifically in relation to intellectual property rights (IPR), privacy and the Data Protection Act (DPA). We are keen to encourage innovative ways in which these technologies can be used, but have the responsibility to point out how this makes people liable for ensuring any data entered is kept secure, used appropriately and that in using some sites you are signing over IPR, which you may not own or be legally aloud to hand over.
What also doesn't help is that the majority of these services are run from America, which falls foul of this part of the DPA...
"Data should not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data."
I've been reading up on this and I think the only time you are covered in America is if the company is signed up to the Safe Harbor Agreement. Since the Web 2.o sites are often created by enthusiasts off the back of a good idea drafted on a beer mat in a bar (a great place to be creative); I can't find many web 2.0 services that are signed up to the Safe Harbor Agreement. I'm no legal expert, so if anyone wants to put me straight on this, please feel free. I'm aware a little knowledge can be a dangerous thing!
So where does the leave the individual? I guess it leaves us with a personal decision on how much we care about our privacy versus the benefits of using web 2.0 technologies to collaborate with our friends and peers. However, when you're asking students and colleagues to use these sites as part of their work or studies, then it leaves you open to prosecution under the Data Protection Act.
So far the options we've explored as an organisation are:
- Contact each web 2.0 service provider and agree to some sort of contract that meets the Data Protection Act and any privacy requirements we want.
- Only use web 2.0 services from the European Economic Area
- Host our own web 2.0 services (using open source solutions) and therefore control the storage and processing of the data.
The first option we tried with Ning, but for a number of reasons it hasn't progressed, but I can't see it being workable as a model. What web 2.0 service will jump through a contractual hoop to provide a service for one small organisation in the UK?
The second option is also difficult, as there aren't European equivalents to all web 2.0 services; plus you're not always in a position to decide - it is the 'masses' that decide which web 2.0 service they want to use. Also not all alternative services will offer the same ease of use or functionality.
The third option is fine if you've got a large target audience that justifies the expense of hosting your own service and that you're lucky in finding, or have the resources to develop, the functionality required. So far this the option we've been pursuing in our organisation, but I'm still not sure it is the best option.
Unfortunately none of the conversations I have been involved in have come to any conclusion, apart from us all agreeing we need to do something about this. So if anyone has similar experiences or any solutions to this problem, I'd love to hear from you.