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Full-Text Articles in Law

The Dao Of Privacy, Lara A. Ballard Feb 2011

The Dao Of Privacy, Lara A. Ballard

Lara A Ballard

It is widely believed in some Western circles that a single multilateral human rights treaty, based largely on European models for data protection, can standardize a right to privacy on a global basis. It is also widely believed that East Asia has no real tradition of privacy. Both of these beliefs are mistaken. This Article explores the underlying philosophical assumptions beneath Western concepts of privacy that currently prevail on both sides of the Atlantic, by examining privacy through the lens of classical Daoism and the Northeast Asian philosophical tradition. Taking a cue from Professor Julie Cohen’s Configuring the Networked Self, …


¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola C. Menaldo Feb 2011

¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola C. Menaldo

Nicola C. Menaldo

This paper attempts to uncover a puzzle: although the traditional levers for strong privacy protection are present in Chile – a history of dictatorship, an information technology revolution, and strong trade with the European Union – its data protection laws are in fact very weak. What explains this apparent disconnect? This paper challenges the conventional wisdom: that Chile's weak data protection regime is the result of weak democratic institutions, collective action problems, or the prioritization of credit data protections. Instead, it argues that Chile's stunted regime results from a political culture in which privacy protections, generally, are traded off for …


Laws Relating To Data Protection In India, Mubashshir Sarshar Jan 2011

Laws Relating To Data Protection In India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.