Help with 2257 please!!

[Alexis Silver]

Hi all,

I was hoping someone out there might me able to give me details of the exact legal implications of said article. I've had a look at loads of sites but it's all so confusing!! (and not to mention mind-numbingly dull to trawl through!). basically, i just need to know whether my site will be classed as UK or US based as it designed and managed by Brits but hosted in the US.

Help!!!!!!

Alexis xxxxx

[Richard]

I'd err on the side of caution here and comply with 2257. We are working to it's standards now, it is not that far from where we were anyway.

If you are hosted in the US they will be looking at you - and while they may not ask you to comply with 2257...your hosting company will be asked if it is 2257 compliant.

Personal advice (from a marketing person, not a lawyer) would be to comply, otherwise risk your site being taken down.

Rich

[rgb]

As I've implied before, if you're in the UK and you state that you are 2257 compliant, there's no way the US authorities can prove you're not. All your documents have to be held at your place of business, which is in the UK in our case, and therefore they have no power to check them. Reciprocal powers of extradition only apply to laws which are in force in both countries. A UK style 2257 law would never be enforced because it would conflict with our Data Protection Act.

Before anyone asks, I'm not a lawyer, but I did spend ten years working in a law enforcement branch of the Home Office.

rgb

[NeilUK]

I mentioned on an earlier thread that the people behind Katesplayground.com which is a Canadian based site has taken the decision not to comply with 2257. This is because 2257 has been deemed illegal in Canada due to their version of the DPA. I am sure that our DPA will work in the same way. In fact holding information on other models is actually against the DPA. The only information a modelling site can legally hold on a model is his/her birthdate. Any other info will be deemed as inapropriate and will be against the DPA.


Neil

[MisterC]

NeilUK wrote:

> The only information a modelling site can legally hold on
> a model is his/her birthdate. Any other info will be deemed as
> inapropriate and will be against the DPA.
>

Unless they have registered under the terms of the DPA. Contact details of course do not fall under the DPA.

[NeilUK]

Even passing someone e-mail address on without their knowledge is technically against the DPA. Any personal data at all falls under the act. Whether its name, address, email address anything
Trust me I know, I work under its rules in my main job and I cant do my job unless i can pass the DPA test! Every year, its very exciting

Neil

[Alexis Silver]

So is every model release form I've ever signed in this country deemed as illegal? I'm soooooo confused!

[rgb]

If you're in the UK, Alexis, don't worry about it. Model releases are certainly not a problem. Go and worry about something important

rgb

[MAI Productions]

Hi Babe,

No, the releases you signed here were completely lawful as they met the requirements of where you were