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I haven't read the whole thing yet, but a quick glance through shows Article 11: ARTICLE 11: INFORMATION RELATED TO INFRINGEMENT Without prejudice to its law
by tomflack 15y ago
I haven't read the whole thing yet, but a quick glance through shows Article 11:
ARTICLE 11: INFORMATION RELATED TO INFRINGEMENT
Without prejudice to its law governing privilege, the protection of
confidentiality of information sources, or the processing of personal data, each Party
shall provide that, in civil judicial proceedings concerning the enforcement of
intellectual property rights, its judicial authorities have the authority, upon a justified
request of the right holder, to order the infringer or, in the alternative, the alleged
infringer, to provide to the right holder or to the judicial authorities, at least for the
purpose of collecting evidence, relevant information as provided for in its applicable
laws and regulations that the infringer or alleged infringer possesses or controls. Such
information may include information regarding any person involved in any aspect of the
infringement or alleged infringement and regarding the means of production or the
channels of distribution of the infringing or allegedly infringing goods or services,
including the identification of third persons alleged to be involved in the production and
distribution of such goods or services and of their channels of distribution.
It seems like this might cover a court ordering you to provide the password to determine infringement. However the first sentence might get you off the hook if you're a doctor or lawyer or other similarly privileged professional who has information about your clients on your laptop. I'll update this when I finish reading it tomorrow if I find anything more specific.
- wisty 15y agoHow about an IT worker? You'd hope a sysadmin has some kind of privilege. I expect not, though.
- tomflack 15y agoI don't think they do unless their work covers one of the traditionally privileged cases.
- tsotha 15y agoThere's also that clause "upon a justified request of the right holder", which implies the rights holder has to provide some evidence to indicate there are infringing files.