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Full-Text Articles in Law
Data Protection: Idealisms And Realisms, Rebecca Wong Dr
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
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
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
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
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, …