Showing papers in "Computer Law & Security Review in 2009"

TL;DR: This paper distinguishes PIAs from other business processes, such as privacy issues analysis, privacy law compliance checking and privacy audit, and identifies key aspects of the development of PIA practice and policy from their beginnings through to the end of 2008.

TL;DR: The population census decision and the German concept of informational self-determination are examined and the wave of new Bundesverfassungsgericht decisions, stemming from the beginning of 2008, on governmental surveillance and data protection are examined.

TL;DR: Some of the legal and practical risks any business will need to consider in their cloud-computing arrangements are explored.

TL;DR: The advantages of such a model to facilitate new and innovative investigation practices and procedures are identified by breaking down the many technical challenges faced when investigating crime and the use of networked technology such as the Internet.

TL;DR: The authors contend that the emerging ubiquitous Information Society (aka ambient intelligence, pervasive computing, ubiquitous networking and so on) will raise many privacy and trust issues that are context dependent and that the authors are probably entering an era that will require development of “micro-policies”.

TL;DR: This article builds upon an earlier article in [2009] 25 CLSR 263, which analysed the interim report in depth, and updates it and draws the reader's attention to those key areas of change.

TL;DR: The study leads to the conclusion that the deployment of filters by or on behalf of theDutch government is not based on any founded knowledge concerning the effectiveness of the approach, and the actions of the Dutch law enforcement authorities do not avail over legal powers to filter and block internet traffic.

TL;DR: The author starts by questioning the main privacy challenges raised by the authors' present and future information society viewed as a “global village” and identifies the two complementary and not dissociable facets of their privacy: the right to seclusion and theright to participate fully in their society.

TL;DR: The trend of cyber-manhunt in China is discussed, the inadequacy in the judgment of the Beijing Court is pointed out, and it is argued that legislative enactment to protect personal information at the national level is essential in China.

TL;DR: It is argued that an architecture based on “Privacy Agents” can make privacy rights protection more effective, provided however that this architecture meets a number of legal requirements to ensure the validity of consent delivered through such Privacy Agents.

TL;DR: The Commission's proposal would relieve the EU institutions of its current obligation to show concretely the harm that would occur as a result of disclosure when refusing access to documents, a step backwards for transparency.

TL;DR: In this paper, the authors present propertization of personal information as an alternative to the existing data protection regime and one of the ways to fill in the alleged gaps in the US data protection system.

TL;DR: Of the ‘top 20’ OSS licences, the GPL is the most commonly used and among the most radical in legal effect, and Article 2(b) issues from the Linux and Java worlds are provided.

TL;DR: In this article, the authors examine calls for a global legal framework for data protection, and in particular suggestions that have been made in this regard by the International Law Commission and various national data protection authorities.

TL;DR: Whether human–humanoid sexual interactions should be regulated, the possible rights that might devolve to humanoids, and, finally, possible cost and benefit implications to humans in providing protections tohumanoids are considered.

TL;DR: The APEC Privacy Framework was developed from 2003, adopted by APEC in 2004 and finalised in 2005 as mentioned in this paper, which was intended as a means of improving the standard of information privacy protection throughout the APEC countries of the Asia-Pacific, and of facilitating the trans-border flow of personal information between those countries.

TL;DR: It is concluded that significant investment in technologies and infrastructure, combined with supplier collaboration to develop attractive and innovative services for consumers, will be essential to the successful growth of e-money in Europe.

TL;DR: Is the DPFD a disappointment to the great expectations that accompanied its first draft, back in 2006?

TL;DR: Over this time data protection has become a mainstream compliance topic for business and government alike and is now seeing major changes in enforcement of data protection legislation (including the power to fine and increased use of audits) which will continue the focus on compliance.

TL;DR: The author will outline the reasons behind the rise of data security as a front line issue and examine the lessons to be learnt from HMRC, and outline the attitude of regulators to data security and where regulatory developments are likely to take us.

TL;DR: The population census decision and the German concept of informational self-determination are examined and the wave of new Bundesverfassungsgericht decisions, stemming from the beginning of 2008, on governmental surveillance and data protection are examined.

TL;DR: The specific legal and rights-related problems arising from the issue of cryptography and privacy in the Indian context are examined and boils down to a form of balancing of interests.

TL;DR: The ability of current data protection laws in providing an adequate answer to new risks of a new kind for fundamental freedoms cannot always be properly assessed by current legal safeguards.

TL;DR: In this article, the authors present an empirical study that examines businesses' perceived security concerns with the use of the electronic signature technology for executing contracts and commercial transactions and whether such issues represent a disincentive for their usage.

TL;DR: The problems and solutions related to the Shaming Theory are discussed, as well as their usefulness in the context of community-based restorative justice, and suggestions are offered to ensure the success of this theory when applied to juvenile hackers.

TL;DR: This paper presents an analysis of how Data Protection and Privacy Commissioners have evaluated the adequacy level of security protection measures given to personal information in selected privacy invasive cases and lays a foundation for building a set of guidelines that can be used by data controllers for designing, implementing, and operating both technological and organizational measures used to protect personal information.

TL;DR: This article considers the policy background to the regime, the detail of the UK implementation and the practical implications for communications service providers, and weighs up the privacy and human rights concerns against the business case put forward by the Government.

TL;DR: The legal factors and parameters that are generally adopted to address the proportionality issue in the biometric context are discussed and the European organisations’ interpretation of the recent Norwegian cases on biometrics is discussed.