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Articles 1 - 21 of 21
Full-Text Articles in Privacy Law
Throwing Stones In Glass Houses: Protecting Privacy Under The Law Of Nuisance, Cheng Lim Saw, Joon Wei Aaron Yoong
Throwing Stones In Glass Houses: Protecting Privacy Under The Law Of Nuisance, Cheng Lim Saw, Joon Wei Aaron Yoong
Research Collection Yong Pung How School Of Law
The limits of the law of nuisance were recently tested in the controversial decisions of Fearn v Tate Gallery Board of Trustees, both before the UK High Court and UK Court of Appeal. Against the backdrop of these decisions, this article argues that the tort of private nuisance can indeed, in appropriate cases, protect against invasions of privacy caused by overlooking – all within the present framework and ambit of the action. It is also proposed that a communitarian approach be adopted in fashioning the appropriate remedy for actions founded in nuisance.
Gauging The Acceptance Of Contact Tracing Technology: An Empirical Study Of Singapore Residents’ Concerns With Sharing Their Information And Willingness To Trust, Ee-Ing Ong, Wee Ling Loo
Gauging The Acceptance Of Contact Tracing Technology: An Empirical Study Of Singapore Residents’ Concerns With Sharing Their Information And Willingness To Trust, Ee-Ing Ong, Wee Ling Loo
Research Collection Yong Pung How School Of Law
In response to the COVID-19 pandemic, governments began implementing various forms of contact tracing technology. Singapore’s implementation of its contact tracing technology, TraceTogether, however, was met with significant concern by its population, with regard to privacy and data security. This concern did not fit with the general perception that Singaporeans have a high level of trust in its government. We explore this disconnect, using responses to our survey (conducted pre-COVID-19) in which we asked participants about their level of concern with the government and business collecting certain categories of personal data. The results show that respondents had less concern with …
Whither Privacy Protection In The Law Of Nuisance, Cheng Lim Saw, Aaron Yoong
Whither Privacy Protection In The Law Of Nuisance, Cheng Lim Saw, Aaron Yoong
Research Collection Yong Pung How School Of Law
Privacy-related concerns often feature in disputes involving the tort of private nuisance. Despite the growing importance ascribed to the protection of an individual’s privacy in the modern world, English law has tended to shy away from allowing such concerns to influence the thinking behind the more traditional areas of law (like nuisance). This article examines and questions the various notions that underpin this English approach. Using the recent decisions of Giles Duncan Fearn v The Board of Trustees of the Tate Gallery [2019] EWHC 246 (Ch) and Giles Fearn v The Board of Trustees of the Tate Gallery [2020] EWCA …
Contracts Formed By Software: An Approach From The Law Of Mistake, Vincent Ooi
Contracts Formed By Software: An Approach From The Law Of Mistake, Vincent Ooi
Research Collection Yong Pung How School Of Law
A ‘Contracting Problem’ arises when software is used to autonomously enter into contracts without human input. Questions arise as to how and whether there can be an expression of an objective intention to be legally bound. This article considers three leading solutions to the Contracting Problem. The ‘Mere Tools Theory’, which views software as ‘mere tools’ of communication, is too harsh as it binds users to any software malfunction. The Agency Approach, which treats software as Electronic Agents, capable of contracting on behalf of their users, is untenable as it ascribes unrealistic characteristics to software. The article submits that the …
Regulating Personal Data Usage In Covid-19 Control Conditions, Mark Findlay, Nydia Remolina
Regulating Personal Data Usage In Covid-19 Control Conditions, Mark Findlay, Nydia Remolina
Centre for AI & Data Governance
As the COVID-19 health pandemic ebbs and flows world-wide, governments and private companies across the globe are utilising AI-assisted surveillance, reporting, mapping and tracing technologies with the intention of slowing the spread of the virus. These technologies have capacity to amass and share personal data for community control and citizen safety motivations that empower state agencies and inveigle citizen co-operation which could only be imagined outside times of real and present personal danger. While not cavilling with the short-term necessity for these technologies and the data they control, process and share in the health regulation mission (provided that the technology …
Ethics, Ai, Mass Data And Pandemic Challenges: Responsible Data Use And Infrastructure Application For Surveillance And Pre-Emptive Tracing Post-Crisis, Mark Findlay, Jia Yuan Loke, Nydia Remolina Leon, Yum Yin, Benjamin (Tan Renyan) Tham
Ethics, Ai, Mass Data And Pandemic Challenges: Responsible Data Use And Infrastructure Application For Surveillance And Pre-Emptive Tracing Post-Crisis, Mark Findlay, Jia Yuan Loke, Nydia Remolina Leon, Yum Yin, Benjamin (Tan Renyan) Tham
Research Collection Yong Pung How School Of Law
As the COVID-19 health pandemic rages governments and private companies across the globe are utilising AI-assisted surveillance, reporting, mapping and tracing technologies with the intention of slowing the spread of the virus. These technologies have the capacity to amass personal data and share for community control and citizen safety motivations that empower state agencies and inveigle citizen co-operation which could only be imagined outside such times of real and present danger. While not cavilling with the short-term necessity for these technologies and the data they control, process and share in the health regulation mission, this paper argues that this infrastructure …
The Ouster Of Parliamentary Sovereignty?, Benjamin Joshua Ong
The Ouster Of Parliamentary Sovereignty?, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The Regulation of Investigatory Powers Act 2000 (“RIPA”) establishes the Investigatory Powers Tribunal (“IPT”), which hears complaints relating to surveillance activities by public authorities. The Supreme Court case of R (Privacy International) v Investigatory Powers Tribunal (“Privacy International”) concerned the Secretary of State’s power under section 5 of the Intelligence Services Act 1994 to issue a warrant authorising MI5, MI6, or GCHQ to enter or interfere with property “specified” in the warrant. The IPT had to decide whether it was lawful for the Secretary of State to issue a warrant in respect of a class of property (sometimes known as …
Open Banking: Regulatory Challenges For A New Form Of Financial Intermediation In A Data-Driven World, Nydia Remolina
Open Banking: Regulatory Challenges For A New Form Of Financial Intermediation In A Data-Driven World, Nydia Remolina
Centre for AI & Data Governance
Data has taken immense importance in the last years. Consider the amount of data that is being collected worldwide every day, industries are reshaping their activities into a data-driven business. The digital transformation of all industries, portent of the fourth industrial revolution, is creating a new kind of economy based on the datafication of almost any aspect of human social, political and economic activity as a result of the information generated by the numerous daily routines of digitally connected individuals and technology. The financial services industry is part of this trend. Embracing the digital revolution and creating the right foundations …
Protecting Consumers' Personal Data In The Digital World: Challenges And Changes, Man Yip
Protecting Consumers' Personal Data In The Digital World: Challenges And Changes, Man Yip
Research Collection Yong Pung How School Of Law
At the Personal Data Protection Seminar 2017, Dr Yaacob Ibrahim, Minister for Communications and Information, said that Singapore must “aspire towards a high standard of data protection that strengthens trust with the public, gives confidence to customers whose data is collected and used, while providing an environment for companies to thrive in the digital economy”.
Protecting Consumers' Personal Data In The Digital World: Challenges And Changes, Man Yip
Protecting Consumers' Personal Data In The Digital World: Challenges And Changes, Man Yip
Research Collection Yong Pung How School Of Law
At the Personal Data Protection Seminar 2017, Dr Yaacob Ibrahim, Minister for Communications and Information, said that Singapore must “aspire towards a high standard of data protection that strengthens trust with the public, gives confidence to customers whose data is collected and used, while providing an environment for companies to thrive in the digital economy”.
The Regulatory Framework For Aerial Imaging By Recreational Users Of "Drones" In Singapore: Old And Emerging Issues And Some Possible Solutions, Siyuan Chen
Research Collection Yong Pung How School Of Law
In response to the sudden proliferation of hobbyist unmanned aerial vehicles used for digital imaging – or “drones”, as they are popularly, but rather inaccurately, labelled – the Singapore government enacted the Unmanned Aircraft (Public Safety and Security) Act in 2015 and also amended various existing laws relating to air navigation. However, in view of the rapid evolution in drone technology and the ever-expanding range of useful applications brought about by drones, what are some of the challenges that would be faced when enforcing the law against recreational users of aerial imaging in particular, and what are some of the …
Security And Privacy Must Not Be Traded Off Against Each Other, Tan K. B. Eugene
Security And Privacy Must Not Be Traded Off Against Each Other, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Last week, a United States federal judge ordered Apple to assist the Federal Bureau of Investigation to gain entry into an encrypted iPhone used by Syed Rizwan Farook to know where Farook and his wife had been and who had helped them in their terrorist act last December. Farook and his wife shot and killed 14 people in San Bernardino, California, before the police killed them.
Killing New Vistas With The Over-Regulation Of Recreational 'Drone' Use, Siyuan Chen
Killing New Vistas With The Over-Regulation Of Recreational 'Drone' Use, Siyuan Chen
Research Collection Yong Pung How School Of Law
In the last few years, there has been a dramatic increase in the use of remote-controlled copters – often given the convenient but misleading epithets of unmanned aerial vehicles or “drones” – by recreational users to capture aerial photographs and videos on an unprecedented scale. Asia is no exception. The convergence of cutting-edge technological developments in gyroscopic gimbals, long-range wireless transmissions, GPS-enabled stabilisation, GPS-enabled flightpath-preprogramming, first-person-views, and compact digital imaging has led to the proliferation of affordable camera-carrying “drones” that even hobbyists can pilot with reasonable safety. Thus far, despite purported controversies there have not been any reports of serious …
The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim
The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim
Research Collection School of Social Sciences
The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by “activist” judges taking great interpretive liberties with the constitutional text. Far from being an unorthodox and modern invention, I argue here that privacy is a principle grounded in the very architecture of the Constitution as enumerated in its Articles, perhaps even more so than in particular sections of the Bill of …
The Regulation Of The Recreational Use Of “Drones” For Aerial Photography And Videography: Comparing Singapore’S Unmanned Aircraft Act With Other Legislation, Siyuan Chen
Research Collection Yong Pung How School Of Law
In the last few years, there has been a dramatic increase in the use of remote-controlled copters or “drones” by recreational users to capture aerial photographs and videos on an unprecedented scale. The convergence of cutting-edge technological developments in gyroscopic gimbals, long-range wireless transmissions, GPS-enabled stabilisation and flightpath-preprogramming, first-person-views, and compact digital imaging has led to the proliferation of these camera-carrying devices that even hobbyists can pilot with reasonable safety. However, there has been a consistent stream of public concern relating to issues of safety, privacy, and disruption of commercial interests. Lost in the paranoid cacophony is a question that …
Regulating Aerial Photography And Videography Proportionately: Some Thoughts On The Sal Seminar “Droning On About Journalism – Remotely Piloted Aircraft, Newsgathering, And Law”, Siyuan Chen
Research Collection Yong Pung How School Of Law
The concept and practice of aerial photography and videography have been around for some time. But it was only in the last few years that such media production via remote means has achieved mainstream use. The convergence of cutting-edge technological developments in gyroscopic gimbals, far-range wireless transmissions, GPS-enablement in stabilisation, compact devices producing digital image quality and so forth has led to the proliferation of affordable camera-carrying “drones” that even hobbyists can pilot reasonably well with ease. Thus far, there have not been any reports of serious mishaps involving the use of these rotor-propelled copters. However, the controversial appellation inaccurately …
The Meaning And Scope Of Personal Data Under The Singapore Data Protection Act, Warren B. Chik, Keep Ying Joey Pang
The Meaning And Scope Of Personal Data Under The Singapore Data Protection Act, Warren B. Chik, Keep Ying Joey Pang
Research Collection Yong Pung How School Of Law
It is important to examine and determine the meaning of “personal data” as it is the subject matter of the Singapore Data Protection regime. What constitutes “personal data” determines the scope of the Personal Data Protection Act. Although it is defined under the Act, the experience in other jurisdictions has shown that the elements of that (and other forms of ) definition can still give rise to some difficulty in its application to specific cases. In this paper, the authors aim to provide some guidance and recommendations for the interpretation of “personal data” within the context of legislative intent and …
The Singapore Do Not Call Register And The Text And Fax Exemption Order, Warren B. Chik
The Singapore Do Not Call Register And The Text And Fax Exemption Order, Warren B. Chik
Research Collection Yong Pung How School Of Law
The introduction of a text and fax exemption to the general “opt out” effect of the Do Not Call Registry have led to a debate over the effectiveness of the Registry in filtering out unwanted communication to telephone users. This article provides the background for the Registry and the reasons for the backlash as well as for the exemption. It will explain why the exemption is consistent with the existing policy towards, and legal treatment of text-based messages, but nevertheless question whether the distinction between voice and text-based messages is justified given the overall objective of the Personal Data Protection …
The Singapore Personal Data Protection Act And An Assessment Of Future Trends In Data Privacy, Warren B. Chik
The Singapore Personal Data Protection Act And An Assessment Of Future Trends In Data Privacy, Warren B. Chik
Research Collection Yong Pung How School Of Law
In the first part of this paper, I will present and explain the Singapore Personal Data Protection Act (“PDPA”) in the context of legislative developments in the Asian region and against the well-established international baseline privacy standards. In the course of the above evaluation, reference will be made to the national laws and policy on data privacy prior to the enactment of the PDPA as well as current social and market practices in relation to personal data. In the second part of this paper, I will decipher and assess the future trends in data privacy reform and the future development …
Data Protection Laws And Marketing Practices, Warren B. Chik
Data Protection Laws And Marketing Practices, Warren B. Chik
Research Collection Yong Pung How School Of Law
Thepotential privacy implications of the incorporation of data protection laws inSingapore for unsolicited communications including telemarketing, junk mail andfaxes and SPAM are examined in this article.
Milky Way And Andromeda: Privacy, Confidentiality And Freedom Of Expression, George S. S. Wei
Milky Way And Andromeda: Privacy, Confidentiality And Freedom Of Expression, George S. S. Wei
Research Collection Yong Pung How School Of Law
This article examines the extent to which the law of confidence protects private personal information. In the UK, much of the impetus for greater protection comes from the European Convention on the Protection of Human Rights and Fundamental Freedoms. How privacy and freedom of expression are to be balanced either within the law of confidence or through the development of a new tort of privacy is a question that has given rise to much discussion in the courts and elsewhere. Developments in this area are the focus of this article together with the issue as to whether similar developments might …