The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society

All these premises having, as I think, been clearly made out, it is impossible that the rulers now on earth should make any benefit, or derive any the least shadow of authority from that, which is held to be the fountain of all power, Adam's private dominion and paternal jurisdiction; so that he that will not give just occasion to think that all government in the world is the product only of force and violence, and that men live together by no other rules but that of beasts, where the strongest carries it, and so lay a foundation for perpetual disorder and mischief, tumult, sedition and rebellion, (things that the followers of that hypothesis so loudly cry out against) must of necessity find out another rise of government, another original of political power, and another way of designing and knowing the persons that have it, than what Sir Robert Filmer hath taught us.

Two Treatises of Government.

Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy

(1) Whereas the objectives of the Community, as laid down in the Treaty, as amended by the Treaty on European Union, include creating an ever closer union among the peoples of Europe, fostering closer relations between the States belonging to the Community, ensuring economic and social progress by common action to eliminate the barriers which divide Europe, encouraging the constant improvement of the living conditions of its peoples, preserving and strengthening peace and liberty and promoting democracy on the basis of the fundamental rights recognized in the constitution and laws of the Member States and in the European Convention for the Protection of Human Rights and Fundamental Freedoms;

Some Preliminary Comments on the DIRECTIVE 95/46/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

A surprise announcement by then prime minister Tony Blair in 1998 led to the creation of a new senior clinical role - the nurse consultant.

Work in progress: The evolving nurse consultant role has all-round benefits and should be embraced, finds Frances Pickersgill

This paper introduces the strategic approach to regulating personal data and the normative foundations of the European Union’s General Data Protection Regulation (‘GDPR’). We explain the genesis of...

/pdf/the-european-union-general-data-protection-regulation-what-598unfc2ks.pdf

The European Union general data protection regulation: what it is and what it means*

Big Data and security policies:: Towards a framework for regulating the phases of analytics and use of Big Data

Currently under discussion is the European Commission’s proposal for a General Data Protection Regulation, which will replace the Data Protection Directive from 1995 over time. The Regulation proposes to introduce a number of specific obligations and rights in order to protect the interests of the citizen and consumer and provides far-reaching powers for governmental agencies to enforce these rules. However, not only is this directly against the original purpose of and ratio behind data protection rules, moreover, an increased emphasis on consumer interests and rights to control personal data seems an inadequate tool for solving the current problems involved with Big Data.

Do data protection rules protect the individual and should they? An assessment of the proposed General Data Protection Regulation

Article 8 ECHR was adopted as a classic negative right, which provides the citizen protection from unlawful and arbitrary interference by the state with his private and family life, home and communication. The ECtHR, however, has gradually broadened its scope so that the right to privacy encroaches upon other provisions embodied in the Convention, includes rights and freedoms explicitly left out of the ECHR by the drafters of the Convention and functions as the main pillar on which the Court has built its practice of opening up the Convention for new rights and freedoms. Consequently, Article 8 ECHR has been transformed from a classic privacy right to a personality right, providing protection to the personal development of individuals. Apart from its theoretical significance, this shift might prove indispensable in the age of Big Data, as personality rights protect a different type of interest, which is far more easy to substantiate in the new technological paradigm than those associated with the right to privacy.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2629118_code1448560.pdf?abstractid=2629118&mirid=1&type=2

Bart van der Sloot

Papers

The European Union general data protection regulation: what it is and what it means*

Big Data and security policies:: Towards a framework for regulating the phases of analytics and use of Big Data

Do data protection rules protect the individual and should they? An assessment of the proposed General Data Protection Regulation

Privacy as Personality Right: Why the ECtHR's Focus on Ulterior Interests Might Prove Indispensable in the Age of 'Big Data'

Exploring the Boundaries of Big Data