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The right to victims of rape and sexual assault to remain
anonymous is an area of the law that faces an enormous challenge in
this era of information freedom. Many victims would not go to the
police if they knew that their name would be splashed across the
newspapers – whether a celebrity is involved or not
– and traditional newspapers and broadcasters have always
respected the law in this respect.
But now there is Twitter. It takes just one tweet from somebody
with inside knowledge of a case and the victim details are
published and cannot be erased. Those wanting to avoid detection
can easily create a new Twitter account in a different name within
minutes.
The implication is clear. Technology can be used by people with
inside knowledge of a subject to broadcast it to the media and
general public, with very little fear of recrimination.
This affects many areas of life where sensitive information is
managed. Jurors tweeting their opinion as a trial proceeds are
already disrupting court proceedings. Medical professionals are
tweeting about celebrities receiving treatment – and
assuming that they can go to a hospital without news of their
condition being broadcast to the world.
In technological terms, the genie has already escaped. We cannot
turn back the clock to an age before Twitter so it appears that the
approach to this problem can only be the improved education of
professionals who deal with sensitive information and greater
measures – such as immediate dismissal – for
medical or legal professionals who misuse social networks. It is
not ideal, but then the world has changed forever.
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maintained by the Financial Services Authority so that we can carry
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business, including arrangements for complaints and redress if
something goes wrong, is regulated by the Solicitors Regulation
Authority. The register can be accessed via the Financial Services
Authority website. We can also provide certain further limited
investment services to clients if those services are incidental to
the professional services we have been engaged to provide as
solicitors.
Thesis Asset Management plc, our associated financial
services company, provides a comprehensive range of investment
services and advice. Thesis is owned by members of Thomas Eggar LLP
but is independent of and separate to it. No lawyer connected with
Thomas Eggar LLP provides services through Thesis as a practicing
lawyer regulated by the Solicitors Regulation Authority. Thesis is
authorised and regulated by the Financial Services Authority.
Thesis has its own framework of investor protection and
professional indemnity cover but Thesis clients do not enjoy the
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The contents of this article are intended as guidelines for
clients and other readers. It is not a substitute for considered
advice on specific issues. Consequently, we cannot accept any
responsibility for this information or for any errors or
omissions.
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A discussion on the predictions for the IT law developments in 2013.
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