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Full-Text Articles in Law

Data Protection: Idealisms And Realisms, Rebecca Wong Dr Jan 2012

Data Protection: Idealisms And Realisms, Rebecca Wong Dr

Dr Rebecca Wong

Following proposals to consider revising the Data Protection Directive 95/46/EC (DPD) in 2011, have the changes addressed the main areas of concern that have been the focus of much discussion? The areas of concern include the application of the Directive in the online age, particularly to social networking sites and cloud computing; the minimum/maximum standard approach by the EU Member States to data protection; the relevance and application of the data protection principles. These are some of the issues that were considered in the recent Art. 29 Working Party’s Opinion on the Future of Privacy. The article will use this …


The Future Of Privacy, Rebecca Wong Dr Feb 2011

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 …


Data Protection: The Challenges Facing Social Networking, Rebecca Wong Dr Jul 2010

Data Protection: The Challenges Facing Social Networking, Rebecca Wong Dr

Dr Rebecca Wong

The popularity of social networking sites has increased dramatically over the past decade. A recent report indicated that thirty-eight percent of online users have a social networking profile. Many of these social networking site users (SNS users) post or provide personal information over the internet every day. According to the latest OfCom study, the average adult SNS user has profiles on 1.6 sites and most check their profiles at least once every other day. However, the recent rise in social networking activity has opened the door to the misuse and abuse of personal information through identity theft, cyber stalking, and …


Social Networking: A Conceptual Analysis Of A Data Controller, Rebecca Wong Dec 2009

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 …


Network Neutrality: Laissez Faire Approach Or Not?, Rebecca Wong Dr Jul 2008

Network Neutrality: Laissez Faire Approach Or Not?, Rebecca Wong Dr

Dr Rebecca Wong

The paper discusses the topical subject of network neutrality, from a US and European legal perspective. Whilst acknowledging the plethora of literature on network neutrality, it argues that regulation in favour of network neutrality should not be confined with the US/European borders but that network neutrality should be addressed from a global perspective through the OECD/WTO. The article will begin by defining network neutrality, before discussing the technology underpinning network neutrality. It will compare the different legal approaches adopted by Europe and the US to the regulation of network neutrality. In Europe, there is an existing electronic communications regulatory framework, …


All Or Nothing: This Is The Question?: The Application Of Art. 3(2) Data Protection Directive To The Internet, Rebecca Wong, Joseph Savirimuthu Jan 2008

All Or Nothing: This Is The Question?: The Application Of Art. 3(2) Data Protection Directive To The Internet, Rebecca Wong, Joseph Savirimuthu

Dr Rebecca Wong

The Data Protection Directive 95/46/EC (hereinafter the “Directive”) was passed in 1995 to harmonize the national data protection laws within the European Community. The aim of the directive was in protecting the fundamental rights and freedoms of individuals, including their privacy as set out under Article 1 of the Data Protection Directive. The rules governing the processing of personal data are deemed to be inapplicable in the two instances outlined by Article 3(2). The processing of personal data falls outside of community law and is thus excluded from the DPD. The Directive is also inapplicable if the processing of personal …


Data Protection Online: Alternative Approaches To Sensitive Data, Rebecca Wong Jan 2007

Data Protection Online: Alternative Approaches To Sensitive Data, Rebecca Wong

Dr Rebecca Wong

The paper aims to review the criterion of “sensitive data” under Art. 8 of the Data Protection Directive 95/46/EC (DPD) in the online environment. Sensitive data is defined under Art. 8 as ‘personal data revealing racial origin, political opinions or religious or philosophical beliefs, trade union membership, and the processing of data concerning health or sex life.’ Following the Lindqvist case (C-101-01), it is questionable how the criterion applies in practice. More specifically, it can be contended that any images/photographs of the data subject uploaded on the internet falls within Art. 8 of the DPD because the image/picture reveals some …


Demystifying Clickstream Data: A European And Us Perspective, Rebecca Wong, Daniel B. Garrie Jan 2006

Demystifying Clickstream Data: A European And Us Perspective, Rebecca Wong, Daniel B. Garrie

Dr Rebecca Wong

Clickstream data is an issue that cannot be ignored by non-EEA data controllers, data protection authorities, legislators and the judiciary. In this paper, the notion of clickstream data is discussed in the context of the European data protection framework and the US legal framework. This article considers the extent to which clickstream data is protected as “personal data” under the European Data Protection Directive 95/46/EC. The article discusses the impact of the Wiretap Act 18 U.S.C. § 2701 (2004) and related statutes. The paper calls for more discussion and guidelines by data protection authorities into the notion of clickstream data …