This site and privacy law (15)

Sat 26 Jul 08, 11:41 AM
MagisterW
UK, 2 yrs It occurs to me that that this site might be able to do more to utilize the privacy laws, evidenced by the Max Mosley case.
My suggestion is that there should be a banner on the home page asserting the confidential nature of personal information contained on the site and that anyone signing should have to tick a box accepting their agreement to those principles.
The banner might say something like:
"This site is intended to serve the BDSM community in the United Kingdom. Membership of this site is for adults who wish to be a part of that community. Guests who are interested in becoming a part of the BDSM community or participating in their activities are welcome to visit the site. All personal information and personal images found on this site are to be treated as strictly confidential as between the users of this site and must not be divulged or published to any other person."
I haven't given massive thought to this draft and I have no doubt but that it could be improved upon.

26 Jul 08, 11:55 AM
janie66
UK, 5 yrs What would be the point of that? Shouldn't we be moving forward in our thinking towards BDSM rather than treating it like some dirty secret?

26 Jul 08, 12:04 PM
Twiggy_Dyke
UK, 21 mths
I do believe the OP was thinking more along the lines of non-consensual outings.
There's nothing wrong with kink stuff, but more than a few people here would rather not have their picture posted far and wide with a story about how they like whips and chains, or other things that could cause problem in work or social life.

Edited 26 Jul 08, 12:05 PM by Twiggy_Dyke

26 Jul 08, 12:12 PM
BrianC
UK, 3 yrs
Unenforceable, but a suitable statement could be used to deter some folk, and it sends a clear message. Many sites have a home page that states that clicking any links implies acceptance of certain conditions. That creates a contract in that they get access in return for complying with site policy. Again, very difficult to enforce without forced registration, which sort of goes against the ethos of this place. Even legitimate folk can be reluctant to give email details to kinky sites.

26 Jul 08, 12:43 PM
Master_Craftsman
UK, 2 mths
BrianC wrote:
Unenforceable, but a suitable statement could be used to deter some folk, and it sends a clear message. Many sites have a home page that states that clicking any links implies acceptance of certain conditions. That creates a contract in that they get access in return for complying with site policy. Again, very difficult to enforce without forced registration, which sort of goes against the ethos of this place. Even legitimate folk can be reluctant to give email details to kinky sites.
I am not a lawyer but I doubt any contract would be formed, because there would be no "exchange of consideration".

26 Jul 08, 2:30 PM
emark
UK, 5 yrs People already have to "agree" to the Acceptable Use Policy ( http://www.informedconsent.co.uk/about/aup ), so all that needs to be done is to add a relevant clause to that.
The question is whether someone on this site could be said to have a "reasonable expectation of privacy". My understanding is that this was a factor in the Mosley case - but often when people are outed, it's done on information on public websites, in which case, it seems there is far less chance of Article 8 of the ECHR applying.
I agree that things like AUPs aren't really enforceable (other than the admins having the right to ban people from the site), but on the other hand anything that might help doesn't do any harm.
Section 63 criminalises "extreme" images of consenting adults - see http://www.backlash-uk.org.uk/ and http://www.seenoevil.org.uk/wiki/index.php/Main_... .

26 Jul 08, 3:07 PM
BrianC
UK, 3 yrs
Access in exchange for agreeing to conditions = contract. But not one worthy of enforcing through the courts, so it wouldn't be a very useful contract if tested thoroughly.

Master_Craftsman wrote:
I am not a lawyer but I doubt any contract would be formed, because there would be no "exchange of consideration".

26 Jul 08, 4:30 PM
M_I_and_C
UK, 4 yrs
It's not a question of contract. As emark says, it's about whether there's a reasonable expectation of privacy.

26 Jul 08, 4:41 PM
BrianC
UK, 3 yrs
You're right, of course. But it might still be a way of establishing that there is an expectation of privacy. Currently IC and a lot of its content are in the public domain already so there is currently no hope, let alone expectation, of privacy. Maybe it's not desirable to change anything because it's been working fine for a lot of its members.

26 Jul 08, 7:38 PM
WickedHands
UK, 7 yrs
MagisterW wrote:
This site and privacy law
The banner might say something like:
"This site is intended to serve the BDSM community.....(snip) adults who wish to be a part of that community. Guests who are interested in becoming a part of the BDSM community

I know it was only an idea and a very rough draft, but there is a (relatively) serious observation to be made about the suggested language.
It is the term "community". In my view, it is a very insular term. For example, what if someone (me for example?) simply happens to share SOME of the interests that relate to BDSM, but don't generally regard themselves as part of "the scene" or "community"? Are those people then to be barred for refusing to be part of the "community"?
I know - perhaps I really should lighten up .

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