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Full-Text Articles in Law
Social Networking: A Conceptual Analysis Of A Data Controller, Rebecca Wong
Social Networking: A Conceptual Analysis Of A Data Controller, Rebecca Wong
Dr Rebecca Wong
This article updates a working party looking at the definition of a "data controller" under the Data Protection Directive 95/46/EC within the context of a social networking environment. In brief, the article considers twhether the phenomenom of social networking (through Facebook (FB), MySpace and Bebo) has produced unintended consequences in the interpretation and application of the Data Protection Directive 95/46/EC to the online environment. The Data Protection Directive 95/46/EC defines a "data controller" broadly to refer to the 'natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means …
Stepping Up To The Plate: The Google-Doubleclick Merger And The Role Of The Federal Trade Commission In Protecting Online Data Privacy, Eli Edwards
Eli Edwards
The recent acquisition of DoubleClick by Google was seen by privacy organizations such as the Electronic Privacy Information Center, the Center for Digital Democracy, and others as an opportunity to have those questions answered by U.S. and EU regulators. But the merger was approved without conditions, despite the work of those concerned with privacy to encourage the merger reviews on both sides of the Atlantic to consider the implications of one company having so much personally identifiable data of Web users as a factor. The point of this paper is not to argue that the merger should have been denied, …
Ip Addresses And Personal Data: K.U. V Finland, Karen Mccullagh
Ip Addresses And Personal Data: K.U. V Finland, Karen Mccullagh
Karen McCullagh
Classifying IP addresses as personal data could have serious implications for search engines and many other electronic businesses, in particular, the personalised advertising business model of the Internet. Recent court decisions have not clarified the position, so businesses that log IP addresses should proceed with caution.
Data Protection In The Case Law Of Strasbourg And Luxemburg : Constitutionalisation In Action, Paul De Hert, Serge Gutwirth
Data Protection In The Case Law Of Strasbourg And Luxemburg : Constitutionalisation In Action, Paul De Hert, Serge Gutwirth
Serge Gutwirth
Seemingly, the history of data protection is a success story culminating in the recognition of data protection as a separate fundamental right in the 2000 EU Charter of Fundamental Rights. This paper assesses the future of the approach taken towards data protection. Using Lessig’s typology, the EU Charter should be regarded as a transformative constitution rather than as a codifying constitution. Of these two types, the transformative constitution is clearly the more difficult to realize, since it must act when the constitutional moment is over. Lessig is sceptical about the role of the courts when it comes to realizing such …