Social Network Sites Managing risks

1. Social Network Sites Managing risks “Harnesses the power, Manage the risk”

2. What are your Social Network aspirations and fears? Your Needs

3. Social networksuse and risk

4. WHY 0.5 Billion connected Facebook is now the 3rd biggest ‘nation’ in the world What was said in the living room is now published on Facebook

5. Source: www.omniture.com

6. What’s the SN Journey? ENGAGE people in thinking about the issues they CARE about. EMPOWER people with real decision making power. Make their views heard; ENABLE people to participate in debate, polls, forums etc. HIGHER RISK?

7. The ‘Social’ bit Sharing Information www.podnosh.com Engage

8. It’s a conversation What if these were ‘controversial’?

11. Social Media Networks The risks

13. State the jurisdiction in your Terms & Conditions, and which country's law will be followed. Stay up-to-date with high profile cases Fast effective take down procedures Keep personal and work accounts separate Employees with access should have ‘basic’ legal training

14. GUILTY

15. POLICY DEVELOPMENT • Managers should not adopt an unnecessarily restrictive approach .. ensure that any special instructions on blogging or microblogging are reasonable and explained clearly to staff .. • .. bear in mind concerns about impartiality, confidentiality, conflicts of interest or commercial sensitivity

16. Corporate me, Personal me The personal me – a.k.a. the CPO Keeping the two ‘worlds’ apart can be difficult: POLICY MANAGEMENT

18. React quickly! Source http://www.nma.co.uk

19. Understand the concept of ‘Personal Data’ • Make sure employees know about the right of access • Be clear about how and with whom personal data is shared, and where it goes (transfer) • Understand and respect the ‘Privacy Bubble’ • Have an effective, well publicised ‘Notice and Takedown’ procedure • Have clear ‘rules of engagement’ that spell out how Users will behave on your site • Have clear monitoring policies and follow them!

20. CASE LAW: Applause Store Productions Ltd and Firscht v Grant Raphael • Defamation disseminated via Facebook resulted in a successful claim for damages totalling £22,000 • Firscht’s lawyers obtained a Norwich Pharmacal order against Facebook Inc. for disclosure of the registration data provided by the user responsible for creating the false material • Civil Justice Council comment on the Defamation Bill includes a request for ‘less generous defence’ if ISPs withhold user data!

21. FB ‘Report/Block’ mechanism What if this were a defamatory or ‘bullying’ statement?

22. FB reporting tool

23. Twitter libel in the UK • March 11th, 2011: Caerphilly county councillor Colin Elsburyordered to pay £3,000 damages plus costs • His tweet wrongly claimed Eddie Talbot had been removed from a polling station by police during a by-election in 2009. • He will tweet an apology and faces a costs bill of around £50,000 after acknowledging that he defamed Talbot. • Draft Defamation Bill may address libel in the age of social media; follow it!

24. Hate crime: is any criminal offence, motivated by hostility or prejudice based upon the victim’s disability, race, religion or belief, sexual orientation, or gender words. This includes pictures, videos, and even music MONITOR, and have ‘Report this content’ functionality Difficult to pin responsibility on the site owner .. But Have clear ‘community rules’ Have clear, effective take down notices Have ‘report this content’ functionality

27. Our Secret Don’t tell anyone

28. Control UGC closely Have users positively agree to site terms and conditions Have an effective Notice and Takedown process Make sure terms and condition explain IP Read your Gambling Act Guidance: Don’t run illegal lotteries Collect personal data carefully (Data Protection Act 1998) Think about multi-jurisdiction and possibly restrict entries. CPRs 2008. No Misleading statement! BPRs 2008. No unfair comparisons with competitors Rules and best practice wrt children including CAP

29. CAP Remit Extended to .. • Where? • Own website, or; • non-paid-for space online under their controle.g. Facebook! • What? • Advertisements and other marketing communications that are directly connected with the supply or transfer of goods, services, opportunities and gifts, or; • direct solicitations of donations as part of their own fund-raising activities.

30. When does crowd sourcing become marketing?

31. ‘Adopt or incorporate UGC’ Will be controlled Will NOT be controlled

32. Twitter

33. It’s not a blank sheet of paper Where Next

34. ‘Top Tips’ TEST this awareness and have auditable evidence that they understood theirresponsibilities • Develop and promote policiesto cover the use of interactive social websites as well as use of email and access to non-interactive websites • Make employees aware that they are personally responsible for their online posts and disclosure of confidential or sensitive information • Make sure contributors understand how their online activities will be monitored • Have a clear escalation procedure and incident management process andtest it • Identify certain activities as ‘gross misconduct’ liable to result in dismissal/removal (from groups) a.k.a. ‘speak quietly but carry a big stick’

35. Key resources • DataGuidance • Free trial available with reference code ‘ICOFT’ • Contact saira.ahmed@dataguidance.com

37. To find out more about your speaker iCompli® Limited. Silverstone Innovation Centre Duncan Smith Main: 0844 88 44 235 email: duncans@icompli.co.uk Web: www.icompli.co.uk Blog: http://icompli.blogs.com/ @duncan_icompli