Privacy LAW:

Copyright is the legal means of protecting expression. Copyright attaches to a work when the work becomes “fixed” in a tangible medium, which can be paper, magnetic tape or silicon. This fixation occurs when an expression is “sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than a transitory duration.” The rights attach immediately, without need for a copyright symbol. The date also attaches immediately. A violation of copy

right occurs when someone without authorization of the copyright owner displays or makes an exact duplicate of the work or creates a derivative work based on the copyrighted expression.

Since no formal law exists within cyberspace, Internet users can find recourse only through the applicable laws of their own government. This paper will not attempt to discuss conflict of law in the international arena, but will address US law and its relevance to the American Internet user.

Data Protection ACT:
Under existing data protection law, there is no specific requirement to obtain people’s consent before using their personal data. There is simply a requirement to obtain and use people’s data fairly, and in many contexts this requirement does entail the consent of the individual. The other, alternative requirements include the need to comply with a contract involving the individual; the need to comply with a legal obligation; and the use of personal data for the data controller’s legitimate interests, where these interests override the individual’s fundamental right to data protection. In general terms, it would appear that the Directive will, in many circumstances, shift the balance in favour of obtaining clearer, more unambiguous consent from individuals than has been the case up to now.
At present, Irish data protection law provides that it is essentially a matter for each data controller to ensure that transfers of personal data outside of Ireland comply with the provisions of the law, including the requirements that data shall not be used or disclosed except in line with the purpose for which the data are kept, and that data must be kept secure from unauthorized access or disclosure.