Tag Archives: Criminal

Increased penalties for online copyright infringement

The government is consulting on increasing the maximum custodial sentence for online  copyright infringement to ten years (in line with physical copyright infringement).

This was first recommended in 2006 and is supported by the current government following recommendations by the Intellectual Property Office in March this year.

The government considers that on-line infringement has become more significant and that there is no good reason for treating online infringement any differently to physical infringement, particularly given that there are links between online infringement and other criminal behaviour.

The consultation closes on 17 August 2015.

When you are hiring you need to know this

From 10 March 2015 it will become a criminal offence under the Data Protection Act 1998 for an employer to impose “enforced subject access” on job applicants or employees.

Enforced subject access is where an employer requires applicants or existing employees to obtain a copy of their criminal records by means of a “subject access request”, and supply it to the employer in connection with their recruitment or continued employment.

The main reason for this is that is can lead to the disclosure of spent convictions.

The confirmed correct approach is to use the criminal records disclosure regime, operated by the Disclosure & Barring Service (DBS).

Posted by: Clare Nicolaou Employment lawyer,  Novalex Solicitors