·
Your own
organisation may have a Web Publishing and Web Use policy of its own. Please
ensure that you are complying with this before publishing to Avonweb
·
In the event of a
conflict between the user organisations policy and these guidelines, the
guidelines will prevail
·
Advertising or sponsorship of external products
or services is forbidden without the approval of the Web Editorial Board
·
The director of an organisation or department
must approve a web site.
·
Where organisations have more than one website a
coordinated approach must be maintained.
·
The author, date of the publication and review
date should be contained within the web. Material should be reviewed at a
minimum of 12 monthly intervals and obsolete material removed.
·
Links to external sources should be checked for
redundancy every 6 months. User organisations must acknowledge that the
Avon IM&T Consortium is not responsible for the availability of such sites,
nor does it endorse the content of such sites and is not liable for any
content, advertising, products or materials available from such external sites
·
The Avon IM&T Consortium shall not be liable
either directly or indirectly for a damage or loss caused by the use of links
to external sources.
·
Duplication of material must be avoided. Ideally
only one document should exist for a given subject on NHSnet or WWW Avonweb.
Use links to avoid duplication.
·
Do not rely on
the unique skills of one individual to maintain the site for ever
·
Keep a copy of
your live site
For such sites the Avonweb Team will resolve technical problems that are
to do with the server. However where templates are not used the Avonweb Team
will not resolve technical problems arising out of the site design
http://www.avon.nhs.uk/avon/web_services/site_hosting_service.htm
·
Whilst every
effort is made to ensure that the templates work effectively the consortium
cannot guarantee their function under all possible circumstances.
·
Publish
information, images or documents only with the consent of the Copyright Owner.
For images the consent of the subject is also required
·
In line with the Data Protection Act 1998 publish
individual contact details only with the specific consent of the owner of those
details. Each user organisation must ensure that their notification under this
act covers the publication of such details on a website.
·
Make sure you are
publishing to the appropriate audience – the public do not have access to
NHSnet Avonweb sites.
·
Do not publish
patient identifiable information on public or NHSnet site. Web sites containing patient identifiable material must be encrypted.
Seek advice from the Avonweb team before creating your web site.
·
If in doubt
consult your Caldicott guardian or the IM&T Consortium Information
Governance Team for advice.
7.1 Compliance with
Legislation
The Avon IM&T Consortium is providing a hosting service to organisations wishing to publish websites. Whilst Avon IM&T Consortium will endeavour to ensure that material posted is suitable for publication, the responsibility for compliance with appropriate legislation will lie with the publishing organisation.
The appropriate legislation
will include
·
The Data
Protection Act
http://www.dataprotection.gov.uk/)
·
Copyright Designs
and Patents Act – any publishing organisation is responsible for ensuring
appropriate copyright permission prior to publication http://www.patent.gov.uk/
http://www.intellectual-property.gov.uk/
·
Computer Misuse
Act – authorised publishers will ensure that the facilities are not misused,
and that inappropriate material is not published
http://www.hmso.gov.uk/acts/acts1990/Ukpga_19900018_en_1.htm
·
Obscene
Publications Act – authorised publishers will ensure that any material published
does not contravene the obscene publications Act
The "Obscene Publications Act 1959 and 1964" states that an article shall be deemed to be obscene if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
It is an offence to publish an obscene article or to have an obscene article in ownership, possession or control with a view to publishing it or, where the data is stored electronically, to transmit that data.
·
The
"Telecommunications Act 1984" makes it an offence to send 'by means
of a public telecommunications system, a message or other matter that is
grossly offensive or of an indecent, obscene or menacing character' and is an
imprisonable offence with a maximum term of six months
7.2 Avonweb ‘clients shall not post, publish, transmit, re-transmit or store material on or through any of the Avonweb systems, services or products which
·
Violates any law
or regulation which is enforceable in the United Kingdom
·
Is threatening,
obscene, indecent, defamatory or blasphemous
·
Is calculated to
incite hatred against any minority on the basis their of ethnicity, religion,
gender and sexuality or is otherwise intended to adversely affect any
individual, group or entity
·
Violates the
rights of any person, including the rights of privacy, rights of personality
·
Infringes or
breaches any third party intellectual property rights (including but not
limited to copyrights, trademarks, design rights, trade secrets patents, moral
rights, performance rights, registered
and unregistered trademarks) Breach of copyright includes the installation or
distribution of “pirated” software or other software products that are not
appropriately licensed to the Avonweb client. Such activity will constitute a
violation of intellectual property rights.
In the event of any disagreement as to whether materials posted,
transmitted, re-transmitted or stored by a customer are in contravention of
this section, the decision of Avon IM&T Consortium shall be final.
·
Discloses confidential information without
permission of the owner
·
Impersonates other individuals or misrepresent
themselves
·
Harasses, threatens, defames, or otherwise
causes harm or damage to other persons, institutions, or companies.
·
Constitutes political lobbying
·
Could serve for personal gain.
·
Incites illegal activities
·
Avonweb clients
shall not post, transmit, re-transmit or publish unsolicited promotional or
advertising material, chain letters or pyramid selling schemes
·
Avonweb clients
shall not undertake any activity designed or likely to corrupt, interfere with
or destroy another Avonweb client’s data or violate that client’s privacy.
·
Avonweb clients
shall not send or forward malicious software or viruses
·
Avonweb clients will not promote personal
opinion that might be interpreted as the views of their organisation. Only
staff authorised by their employing organisation are able to state the views of
the organisation via this media.
·
Avonweb clients shall not upload, post or
otherwise transmit any content that they do not have rights to make available
under any law or contractual relationship.
Avon IM&T Consortium is not responsible for the content of any
posting whether or not the posting was made by a ‘client’ of Avon IM&T
Consortium. Avon IM&T Consortium is not responsible for the content of
materials and information published by others, which are accessible through
Avonweb, and does not accept responsibility for the violation of any laws
resulting from such publication.
The Avon IM&T Consortium does not pre-screen content published by
its clients. At it’s sole discretion
Avon IM&T Consortium has the right (but not the obligation) to refuse or
move materials from it’s servers, and to terminate access to clients that Avon
IM&T Consortium determines have violated the conduct rules.
The Avon IM&T Consortium may reserve content and also disclose content
if required to do so by law or in good faith believe that such preservation or
disclosure is reasonably necessary to:
a)
comply with the
legal process
b)
enforce the
publishing guidelines
c)
respond to claims
that the content violates the rights of third parties
d) protect the rights, property or personal safety of its users and the public
Any Avonweb client who wishes to collect personal data from individuals, by either direct (form/email based) or indirect (e.g cookies, web-bugs, IP address profiling etc) is responsible for ensuring such activity is legally compliant with appropriate acts such as Data Protection and Human Rights. The use of web technologies, such as 'cookies' or 'web-bugs' to collect personal information on individuals is discouraged. As a minimum any site collecting personal information must highlight that data is collected and publish a 'privacy policy' that is accessible from all points of the site.
Under Data Protection legislation, the 'Data controller' who has responsibility for the protection and security of personal information is the Avonweb client and not the Avon IM&T Consortium. Avon IM&T Consortium will only act on instructions from clients with regard to processing of personal data and the provision of appropriate technical and organisational security measures.
Avonweb clients wishing to process personal information are directed to the Information Commissioners Frequently Asked Questions on websites and personal information available at:
http://www.dataprotection.gov.uk/media/download/faqsweb.pdf
In consideration of the provision of service in accordance with the guidelines all user organisations agree to indemnify the Avon IM&T Consortium against any liability, which may be incurred by such a person or authority as a result of the provision of such service.
Whilst the Consortium undertakes all possible endeavours to provide consistency of service, user organisations agree to indemnify the Avon IM&T Consortium of any liability for loss resulting from inability to use the service or the conduct of third parties in relation to the service or any other matter relating to the service.
Breach of the guidelines will result in investigation and potential
temporary or permanent suspension of service by the Avon IM&T Consortium to
user organisations, dependant on the nature of the breach. User organisations
agree to indemnify the Avon IM&T consortium of any liability resulting from
the removal of service following breach of the guidelines, in relation to
either the partner organisation or any third party.