New Guidance From UK Privacy Regulator On Social Networking And Online Forums

Businesses are increasingly using social networks and online forums for marketing, recruiting, customer service, branding and PR purposes. The UK privacy regulator, the Information Commissioner ("ICO"), has recently published new guidance on the use of social networking and online forums. This replaces its 2007 guidance on the subject and is a helpful reminder to companies of their data protection obligations when operating online in the UK.

The UK Data Protection Act 1998 ("DPA") sets out an extensive data protection regime by imposing broad obligations on those who collect personal data, as well as conferring rights on individuals about whom data are collected. Broadly speaking, data controllers must ensure that personal data are processed in accordance with a number of "data protection principles" set out in Schedule 1 to the DPA, which require that: