Reference no: EM132255912 , Length: word count:1350
Assignment -
You are hired as a consultant to advise on FIVE legal/ethical aspects (given below) associated with running a business. Relevant legislation and case law from the UK/EU must be given to support your answers where appropriate.
Question 1 - INTELLECTUAL PROPERTY
Advise a business on the possibility of achieving the following in (a) to (e) below, giving appropriate legal guidance.
(a) Registering a private limited company trading only in the UK with either of the following names: (i) Toys 4 U (ii) Toys 4 ALL
(b) Registering either of the following as trade marks below in the UK as a trade mark under the class: 28. Toys and sporting goods products: (i) Toys 4 U (ii) Toys 4 ALL
(c) Purchasing either of the following domain names: (i) toys4u (ii) toys4all
(d) Using images found from a Google search (of babies playing with toys) in their online advertisements.
(e) Publishing weblinks on their website to various articles on toys, hosted on other websites.
Question 2 - DATA PROTECTION
(a) A UK clothing company has decided to employ a data scientist to implement Artificial Intelligence and machine learning in their marketing activities. This is to enable them to better understand buying trends, analyse new marketing strategies and target specific demographic groups with different products. They intend to store all processed data indefinitely. Advise the company's data controller on any new data protection issues that may arise. Please cite relevant legislation.
(b) The data controller of a mobile phone company "BestMobile" discovered that hackers stole some of the personal data of 2 million people. He is worried about the impact of the incident and asks you for advice with regard to his data protection obligations. Please cite relevant legislation.
(c) Suhayla, a past subscriber of the mobile company "BestMobile" heard about the hacking incident. She would like to write to BestMobile to find out whether they still have her data and to demand that they delete her data. Advise Suhayla on whether this is possible, citing relevant legislation.
(d) A private company has decided to implement a new IT system which will enable networking across several branches and will also enable faster data processing activities, including data mining. Advise the company on any additional data protection issues that they should consider. Please cite relevant legislation.
(e) A medical centre regularly collects personal data from cancer patients on diagnoses, medications, treatments and diet. Due to a recent rise in a new autoimmune disease among cancer patients, they would like to use the data collected in the past to carry out research to determine whether previous health conditions, medications or other factors have any correlation to the new disease. The new data controller is aware of the principle of purpose limitation and is unsure whether he can use the previous data collected without obtaining further consent from patients. He has asked for your advice. Additionally the centre received a request for data from one of its patients who wants to change her doctor and wants all data gathered from a wearable medical device that the patient was given to use at home to monitor the effects of her medication, to be sent to her new doctor. Since the device does not belong to the patient and the medical centre fears losing the patient the data controller is not sure what to do and seeks your advice. Please cite all relevant legislation when giving advice.
Attachment:- Questions.rar