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Showing papers in "Computer Law & Security Review in 2012"


Journal ArticleDOI
TL;DR: It is found that current regulatory mechanisms do not adequately address privacy and civil liberties concerns because UASs are complex, multimodal surveillance systems that integrate a range of technologies and capabilities.

307 citations


Journal ArticleDOI
TL;DR: Analysis of how well the regulatory frameworks in place in Europe and the United States help protect the privacy and security of sensitive consumer data in the cloud makes suggestions for regulatory reform to protect sensitive information in cloud computing environments and to remove regulatory constraints that limit the growth of this vibrant new industry.

122 citations


Journal ArticleDOI
TL;DR: This paper shall focus at the replacement of the EU Data Protection Directive by the draft General Data Protection Regulation, with the aim of highlighting its treatment of basic data protection principles and elements in order to identify merits and shortcomings for the general data protection purposes.

116 citations


Journal ArticleDOI
TL;DR: Some findings from the Privacy Impact Assessment Framework (PIAF) project are presented and, in particular, the project's first deliverable, which analyses the similarities and differences between PIA methodologies in Australia, Canada, Hong Kong, Ireland, New Zealand, the United Kingdom and the United States are presented.

75 citations


Journal ArticleDOI
TL;DR: A meta-analysis of public opinion surveys on data protection and privacy focussed on EU citizens considers how citizens perceive the ‘real world’ environment in which data processing takes place, before finally considering the public's perception and evaluation of the operation of framework against environment.

67 citations


Journal ArticleDOI
TL;DR: Drawing on research conducted at the University of British Columbia into the nature of digital records and their trustworthiness, this article presents the conceptual archival and digital forensic frameworks of trust in records and data, and explores the common law legal framework within which questions ofTrust in documentary evidence are being tested.

53 citations


Journal ArticleDOI
TL;DR: In this paper, the authors weigh the right's pros and cons against each other and propose a "right to be forgotten" that is limited to data processing situations where the individual has given his or her consent.

51 citations


Journal ArticleDOI
TL;DR: Some significant changes proposed to the data protection regime are highlighted by comparison between Directive 95/46 and the proposed Regulation by taking particularly into account legislative innovation concerning data protection principles, data subjects’ rights, data controllers and data processors obligations, and the regulation of technologies.

46 citations


Journal ArticleDOI
TL;DR: It is argued that the process of conducting an SIA should be similar to that of a privacy impact assessment (PIA), but that anSIA must take account of a wider range of issues, impacts and stakeholders.

43 citations


Journal ArticleDOI
TL;DR: Innovative use of ICT applications is rapidly becoming a cornerstone of modern government policy in every area of service, care and control and a perspective on a necessary paradigm shift is suggested.

35 citations


Journal ArticleDOI
TL;DR: This paper presents a concept for an innovative integrated platform to reinforce the integrity and security of cloud services and applies this in the context of Critical Infrastructures to identify the core requirements, components and features of this infrastructure.

Journal ArticleDOI
TL;DR: Current European Union policy frameworks on digital safety, particularly industry responses to the call for a more trusted Internet environment for children, are examined and it is argued that technical solutions to be effective need to carefully balance a number of competing objectives and to be sufficiently grounded in evidence of parental and child experience of the Internet.

Journal ArticleDOI
TL;DR: The HITECH Act, Pub. L. 111-5 Title XIII is the first federal health breach notification law in the US to be characterized by less government intrusions, while the revised EU Privacy Directive, 2009/136/EC calls for tougher privacy protection for data held by electronic communication providers as discussed by the authors.

Journal ArticleDOI
Bart Custers1
TL;DR: Results of research are described on which technologies are currently used at police forces and other criminal investigation organizations in the Netherlands, their experiences with these technologies and their needs and preferences in this regard.

Journal ArticleDOI
TL;DR: A review of articles in the technical media between 2005 and 3Q 2011 disclosed reports on 49 outages involving 20 cloudsourcing providers, finding that many user-organisations have failed to risk-assess their use of cloudsourcing, and are exposing their businesses to unmanaged risks.

Journal ArticleDOI
TL;DR: By identifying the potential value of electronic data to the cybercriminal, and discussing this data in the context of data collection, data supply and distribution, and data use, demonstrates the relevance and advantages of utilising an objective data perspective when investigating cybercrime.

Journal ArticleDOI
TL;DR: In this paper, the authors discuss different views of trust in other contexts (such as banking and travel) and conclude that users of cloud computing should recast their view of trust, in a similar way that consumers of bank and travel have changed their perceptions of trust.

Journal ArticleDOI
TL;DR: The key legal challenges that must be addressed to make identity systems work are identified, and some of the key issues of structuring an appropriate identity system legal framework are highlighted.

Journal ArticleDOI
TL;DR: In this paper, the authors use a multi-method approach where data was collected in both a quantitative and qualitative manner and use these approaches as a lens for defining different classes of online identity crimes in a crime management (IS) security context.

Journal ArticleDOI
TL;DR: IT enterprises are invited to conduct aCSR assessment, to develop a CSR strategy and to implement CSR commitments by introducing specific CSR processes and compliance measures for risk assessment and risk mitigation.

Journal ArticleDOI
TL;DR: It is asserted that the EU Commission's implementation of PbD is not acceptable as it stands and makes positive contributions for the work of a future P bD committee so that the Commission can keep its promise to introduce precautionary legal technology design.

Journal ArticleDOI
TL;DR: The legal aspects of the forensic investigation of mobile telephone applications, and the issues relating to obtaining digital evidence from mobilephone applications, are examined.

Journal ArticleDOI
TL;DR: The author seeks to articulate why the existing concepts often remain difficult to apply in practice, in order to enable a constructive reflection on how these issues might be addressed in the future.

Journal ArticleDOI
TL;DR: This paper evaluates commonly-observed Cloud Computing use cases against the law applying to Cloud Computing to find where legal problems may arise, and derives a general architecture for Clouds and uses it to illustrate common Cloud Computing usage patterns.

Journal ArticleDOI
TL;DR: It is suggested that the relationship between news organisations and users should be negotiated in a balanced and transparent way, giving users an equal say in the process, and that maintaining a trusted relationship is likely to become a matter of constant renegotiation.

Journal ArticleDOI
TL;DR: Questions are raised as to how the ITS Directive interact with the EU legal framework on privacy and data protection, and given the involvement of private commercial entities in the field of providing road, traffic and travel data, can a public–private partnership be found to allow for the re-use of both public and private sector data in ITS solutions.

Journal ArticleDOI
TL;DR: Using an academic exercise with the practical implications of the Authentication insecurity of the Internet, this paper draws some unexpected conclusions regarding cases of mistaken identity and exposes flaws in popular legal arguments on the subject.

Journal ArticleDOI
TL;DR: In this article, the authors argue that the ECJ's Bodil Lindqvist decision can to a certain extent help to delineate circumstances where transfer should and should not occur in the cloud.

Journal ArticleDOI
TL;DR: In this article, the authors describe and analyse three recent decisions by the Swedish Data Inspection Board (Datainspektionen ) directly focused on cloud computing, which were published on 28 September 2011 as part of a supervisory project seeking to clarify what demands the Data Protection Act places on organisations utilising cloud computing.

Journal ArticleDOI
TL;DR: The Cyber pornography, its legal implications and the liability of cyber cafe owner under the Information Technology Amendment Act, 2008 are dealt with.