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Full-Text Articles in Law
De Rechtsstaat In Cyberspace?, Mireille Hildebrandt
De Rechtsstaat In Cyberspace?, Mireille Hildebrandt
Mireille Hildebrandt
Cyberspace is inmiddels overal. Wat tien jaar geleden misschien nog een aparte niet-fysieke wereld leek waar niemand wist dat je een hond was, gaat steeds meer lijken op een verzameling onderling verbonden dorpspleinen. Met dien verstande dat alles wat iedereen doet permanent wordt opgenomen, opgeslagen en doorzocht op betekenisvolle patronen. Steeds meer personen, organisaties maar ook dingen raken verbonden via het internet. De Internationale Telecommunicatie Unie sprak in 2005 van het ‘internet van de dingen’, om aan te geven dat binnen afzienbare tijd alles overal (‘everyware’) via draadloze identificatiesystemen traceerbaar is. Intussen raakt iedereen via de smartphone ‘always on(line)’. Deze …
Right To Information Identity, Elad Oreg
Right To Information Identity, Elad Oreg
Elad Oreg
Inspired by the famous Warren&Brandeis conceptualization of the "right to privacy", this article tries to answer a modern conceptual lacuna and present the argument for the need to conceptualize and recognize a new, independent legal principle of a "right to information-identity". This is the right of an individual to the functionality of the information platforms that enable others to identify and know him and to remember who and what he is. Changes in technology and social standards make the very notion of identity increasingly fluid, transforming the way it is treated and opening new and fascinating ways of relating to …
Personal Data Protection In The Era Of Cloud Computing. New Challenges For European Regulators., Panagiotis Kitsos, Paraskevi Pappas
Personal Data Protection In The Era Of Cloud Computing. New Challenges For European Regulators., Panagiotis Kitsos, Paraskevi Pappas
Panagiotis Kitsos
It is widely aknowledged that we are entering in an era of revolutionary changes in the field of Information and Communication Technologies . The spread of broadband internet connections has led internet to function not only as a communications network but also as a platform for new computing applications. The most recent application is the so called "cloud computing", which permits the running of software applications or the storage of data to be performed at remote servers which are connected to our computers through the Internet. Examples of these applications are the web-based email services, online computer back up, data …
Tragedy Of The Data Commons, Jane Yakowitz
Tragedy Of The Data Commons, Jane Yakowitz
Jane Yakowitz
Accurate data is vital to enlightened research and policymaking, particularly publicly available data that are redacted to protect the identity of individuals. Legal academics, however, are campaigning against data anonymization as a means to protect privacy, contending that the wealth of information available on the Internet enables malfeasors to reverse-engineer the data and identify research subjects. Privacy scholars advocate for stringent new legal restrictions on the collection and dissemination of research data. This Article challenges the dominant wisdom, arguing that properly de-identified data is not only safe, but of extraordinary social utility. It makes three core claims. First, legal scholars …
The Dao Of Privacy, Lara A. Ballard
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
¿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 …
Fragile Merchandise: A Comparative Analysis Of The Privacy Rights For Public Figures, Scott Shackelford
Fragile Merchandise: A Comparative Analysis Of The Privacy Rights For Public Figures, Scott Shackelford
Scott Shackelford
Over a century after Warren and Brandeis first presented the right to U.S. jurists for their consideration, privacy has become a central player in U.S. law. But nations around the world, in particular the common and civil law nations of Europe that share similar legal cultures with the United States, are grappling with how best to strike a balance between the competing rights of privacy and freedom of expression—both of which are critical to the functioning of democratic society. Existing literature has not fully drawn from this reservoir of international experience to inform the debate about U.S. privacy rights. This …
The Federal Trade Commission And Privacy: Defining Enforcement And Encouraging The Adoption Of Best Practices., Andrew B. Serwin
The Federal Trade Commission And Privacy: Defining Enforcement And Encouraging The Adoption Of Best Practices., Andrew B. Serwin
Andrew B. Serwin
This article examines the history of privacy enforcement by the Federal Trade Commission, including the FTC’s jurisdiction under Section 5, and its privacy enforcement matters, as well as the FTC's recently issued report, "Protecting Consumer Privacy in an Era of Rapid Change: A proposed Framework for Businesses and Policymakers", in which the FTC examines past enforcement models, noting their failings. In light of the FTC’s examination of past enforcement models, this article then analyzes these models, including the accountability-centric model that has previously been utilized in the United States, as well as the FTC’s proposed solution to the privacy problems …
The Future Of Privacy, Rebecca Wong Dr
The Future Of Privacy, Rebecca Wong Dr
Dr Rebecca Wong
The Art. 29 Working Party (hereinafter “Art. 29 WP”) is an influential body comprised of representatives from the Member State Data Protection Authorities2 established under the Data Protection Directive 95/46/EC, has recently issued an opinion with the Working Party on Police and Justice. This is quite significant, since the opinion sets out some of the issues that will need to be addressed in the lead up to the revision of the Data Protection Directive 95/46/EC.3 This comes at a time, when there have been discussions on the current application of the European Data Protection Directive to the internet,4 (such as …
Harvey Milk, Jane Roe, And James Brady: The Contribution Of The Civic To The Evolution Of Law, Palma Joy Strand
Harvey Milk, Jane Roe, And James Brady: The Contribution Of The Civic To The Evolution Of Law, Palma Joy Strand
palma joy strand
The lack of civility in political discourse and asserted negative effects of that lack of civility have recently drawn an increasing amount of popular attention. At the same time, legal scholars have characterized law—especially constitutional law articulated by the Supreme Court—as the result of a dialogue between the Court and the people. This article links these discussions with a unified explanation of how civic discourse among ordinary citizens in the form of personal story-telling and story-listening grounds stable and sustainable law—especially law in areas of evolving social norms. The article uses three contemporary sociolegal movements—gay rights, abortion rights, and gun …
The Privacy Bailout: State Government Involvement In The Privacy Arena, Corey A. Ciocchetti
The Privacy Bailout: State Government Involvement In The Privacy Arena, Corey A. Ciocchetti
Corey A Ciocchetti
In the midst of massive government involvement in the financial, real estate and automotive sectors, other important problems linger without sufficient governmental attention. This article focuses on one area where federal intervention has been particularly absent - the realm of individual privacy in the Information Age. The problem is that monitoring in the United States is increasingly powerful and takes many forms. Online, prominent Web sites collect, store and disseminate a great deal of personally identifying information (PII) without clearly and simply informing users. This is the case even though such notice is cheap and can be effective. Offline, technology …