Legal action against a website
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- Posted:
- Proposals: 4
- Remote
- #1014339
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Description
Experience Level: Intermediate
Description of legal work: A recently dissolved company's former employee is requesting that all coding queries posted on a website be deleted together with the entire account. This is due to various reasons, not least out of respect to the former company and their clients' privacy.
Of the 57 questions and answers submitted, there are often links to the former company website and in some cases sensitive client data which were only meant for temporary purposes to resolve an issue; NOT to remain there permanently.
Example of a Q&A page: http://stackoverflow.com/questions/34748506/adding-tooltips-in-jquery
Legally ignorant and obnoxious StackOverflow.com 'moderators' are refusing to delete the questions and have emailed the following reply:
"These posts have been licensed to us to use under the perpetual license of Creative Commons and should not be removed. Deleting your account removes your credit as Licensor as is required by Section 4(c) of the Creative Commons license, but the content is part of the collection of Stack Exchange and is part of the collective effort of other users who have also contributed to that content."
Cited Creative Commons license: http://creativecommons.org/licenses/by-sa/3.0/
Surely this is a breach of the Data Protection Act and therefore illegal? This is not something that was made clear at sign-up, regardless of what they state in the Ts & Cs and surely the Data Protection Act and Copyright should override the 'Creative Commons License', especially with unacceptable attempts to control third party data:
"An individual can claim for compensation for damage caused by the non-compliance with privacy rights as well as damage and connected distress caused by any contravention of the Data Protection Act. This can include violation of one or more of the Data Protection Principles.
If the individual can prove that they have been inflicted financial or physical damage, or damage and distress as the consequence of a breach of the DPA, and the data controller is not able to prove that he or she has taken the proper amount of care to comply with the relevant requirement, then the individual will be allowed to claim compensation under section 13.
The individual could also pursue damages under section 13 if the data controller does not respond to an objection and causes the individual to suffer.”
This has been pointed to them numerous times and they have been nothing but rude, refusing to delete the questions and have suspended access to the account. Therefore further action needs to be taken.
Extra notes:
Of the 57 questions and answers submitted, there are often links to the former company website and in some cases sensitive client data which were only meant for temporary purposes to resolve an issue; NOT to remain there permanently.
Example of a Q&A page: http://stackoverflow.com/questions/34748506/adding-tooltips-in-jquery
Legally ignorant and obnoxious StackOverflow.com 'moderators' are refusing to delete the questions and have emailed the following reply:
"These posts have been licensed to us to use under the perpetual license of Creative Commons and should not be removed. Deleting your account removes your credit as Licensor as is required by Section 4(c) of the Creative Commons license, but the content is part of the collection of Stack Exchange and is part of the collective effort of other users who have also contributed to that content."
Cited Creative Commons license: http://creativecommons.org/licenses/by-sa/3.0/
Surely this is a breach of the Data Protection Act and therefore illegal? This is not something that was made clear at sign-up, regardless of what they state in the Ts & Cs and surely the Data Protection Act and Copyright should override the 'Creative Commons License', especially with unacceptable attempts to control third party data:
"An individual can claim for compensation for damage caused by the non-compliance with privacy rights as well as damage and connected distress caused by any contravention of the Data Protection Act. This can include violation of one or more of the Data Protection Principles.
If the individual can prove that they have been inflicted financial or physical damage, or damage and distress as the consequence of a breach of the DPA, and the data controller is not able to prove that he or she has taken the proper amount of care to comply with the relevant requirement, then the individual will be allowed to claim compensation under section 13.
The individual could also pursue damages under section 13 if the data controller does not respond to an objection and causes the individual to suffer.”
This has been pointed to them numerous times and they have been nothing but rude, refusing to delete the questions and have suspended access to the account. Therefore further action needs to be taken.
Extra notes:
Lauren D.
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23 Apr 2024
United Kingdom
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