How to prosecute Libel and Slander in the UKWritten by Jefferson Highway, General Counsel
Defamation of character can be a serious business in UK. But what exactly is slander? And what is libel? Both are defined as a false statement made by one individual about another individual with intent to harm defamed person's reputation in some way. The statement qualifies as slander if it is delivered verbally, whereas statement is libel if it is published in some other way (for example by being written, or televised). To win a defamation case, you must generally act within 1 year of defamation, and you need to prove to court's satisfaction that:-* The statement harms your reputation (an insult, for example, wouldn't do it. Politicians, too, are essentially 'un-defamable' for this very reason). * A third party was involved. Saying it just to you doesn't count. * That third party could identify you from statement (an anonymous statement isn't libelous). Additionally, in opinion of counsel above and beyond advice available to www.lawyersbench.com , slander requires you to show that you have suffered either financial loss or that your business, trade or professional reputation was damaged, or that you have been accused of one or more of following:- * Of having committed a criminal offence * Of having a contagious disease * Of immoral conduct (women only!)
| | Database Hacks - Are Banks Required To Notify You?Written by Richard A. Chapo
Ever wonder if banks are required to tell customers when their systems are hacked? You may be shocked to learn that they are not. The only exception to this standard has been database hacks that effect California residents. Companies doing business in California are required to give such notice under California Security Breach Information Act. The situation is changing quickly on federal level. Regulations have been issued by federal finance agencies that now force banks to tell customers when their personal data has been exposed to unauthorized third parties. The regulations are issued pursuant to Gramm-Leach-Bliley Act, which contains language requiring financial institutions to prevent unauthorized access and use of consumer information. The new regulations appear to be a reaction to several recent high-profile data leaks. They include incidents such as Bank of America losing data tapes containing information for over 1 million government employees and breach of databases for LexisNexis and ChoicePoint. It is well known that numerous other banks have also been hacked over years, but information has been hushed up. The new regulations require financial institutions to notify account holders if institution becomes aware of unauthorized access to sensitive customer information. The directives apply to banks and savings and loan companies, but not credit unions.
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