Showing papers in "Computer Law & Security Review in 2014"

TL;DR: The analysis concludes that careful consideration is needed of the adequacy of controls over the impacts of drones on two important values – public safety, and behavioural privacy.

TL;DR: A review of current and emergent regulatory arrangements identifies a considerable range of gaps and uncertainties that need to be addressed, particularly in relation to small drones, including micro-drones.

TL;DR: An assessment of the impacts of drones on behavioural privacy identifies a set of specific threats that are created or exacerbated, both general and specific to various forms of surveillance.

TL;DR: In this paper, the authors propose a revision of the "notice and consent" model focused on the opt-in and proposes the adoption of a different approach when, such as in Big Data collection, the data subject cannot be totally aware of the tools of analysis and their potential output.

TL;DR: In this article, the legal issues encountered during the assembly of texts into so-called "corpora" as well as the use of such corpora are discussed, including contract law, copyright law and database law.

TL;DR: This work states that many organisations will be embarking on Big Data projects in the next couple of years in order to be in a position to know more about their customers than their competitors.

TL;DR: Given that the existing system of laws does not provide a sufficient response to a possible threat to fundamental rights, how should the legislature regulate the use of UAVs, without harming the delicate balance between the advantages and disadvantages inherent in their use?

TL;DR: It is argued that geo-location data are indeed a type of personal data, and a strengthening of the existing law that protects personal data (including location data), and a flexible legal response that can incorporate the ever-evolving and unknown advances in technology are needed.

TL;DR: Critical literatures exist in relation to computing, data communications, robotics, cyborgisation and surveillance, and an inspection of those literatures should provide insights into the limitations of drones, and the impacts and implications arising from their use.

TL;DR: The role that technology may play in enhancing the great game of football is speculated about and some comparison between the rules of this sport and therules of law is drawn.

TL;DR: This analysis of the legislative and prosecution-based responses in five Commonwealth countries highlights the need for clear national and international definitions as the lack of consistency in the international legislative environment creates opportunities for sexual exploitation of children.

TL;DR: In the context of mobile commerce, the simple ‘notice and consent’ measure may not be a very useful measure to enhance control; moreover, shifting the burden of privacy protection to data subjects' self-control mayNot be sufficient for meaningful privacy protection in the era of Big Data.

TL;DR: The general level of awareness was low: only 43% of the controllers were aware of the forthcoming reform and the willingness to act or to take steps towards the compliance was even lower: 31% of controllers said that they are planning to act towards compliance during this year.

TL;DR: It is concluded that traditional models of identity protection need supplementing with new ways of thinking, including pioneering ‘technical-legal’ initiatives that are sensitive to the different risks that threaten the authors' digital identity integrity.

TL;DR: In this paper, the authors assess the proposed GDPR through the framework of default entitlements in personal data and cautions against the possibility of reducing the European system of data protection rooted in the values of individual autonomy and informational self-determination to a mere set of administrative rules, yet without a clear direction.

TL;DR: In this article, the authors argue that even in those circumstances where the principle does not immediately apply because mass surveillance is undertaken before any criminal charge is issued, the collection of information and potential evidence limits the guarantees offered by the principle during the stages of a legal process.

TL;DR: The principles in the Korean law are clearly the strongest in Asia, although this is not yet fully complemented on the enforcement side, and a brief comparison is made with proposed European Union and Council of Europe reforms.

TL;DR: The author finds the concepts of both ‘personal data’ and ‘anonymisation’ (which must be protected) misleadingly simplistic and proposes some consequential changes to the proposed EU Regulation, albeit with modest hopes for success.

TL;DR: The issues of whether the authors have a right to privacy anymore, who should be making decisions about what is available and where and how a global convention on access to information might be achieved are addressed.

TL;DR: The EU/U.S. comparative law analysis provided in this paper aims to help energy suppliers and regulators craft opt out mechanisms to protect individual privacy and data protection rights while also achieving important societal benefits from smart meters.

TL;DR: The Grand Chamber has ruled that the data retention directive was invalid ex tunc since it seriously interfered with the fundamental rights to respect for private life and protection of personal data and exceeded the limits of the principle of proportionality.

TL;DR: In this paper, the authors examine the issues posed by cross-border data regulation in the context of cloud computing, with a focus on transaction identity and the other personal information which make up an individual's digital identity.

TL;DR: The authors argue that the correct approach which the law should adopt is a proprietary one, which is to say that the protection of the economic value inherent in personal information should be grounded in property rights acknowledged by the law.

TL;DR: It is found that search engines are data controllers in respect of their search results and that a ‘right to be forgotten’ online applies to outdated and irrelevant data in search results unless there is a public interest in the data remaining available and even where the search results link to lawfully published content.

TL;DR: A comparative overview and evaluation of various legal frameworks for electronic communications security in light of the recent developments in the electronic communications sector is provided.

TL;DR: The analysis that follows will highlight the Council's data protection system currently in effect as well as developments relating to the Convention's amendment so far with the aim of identifying improvements and shortcomings.

TL;DR: To what extent there is a real battle between telcos and OTTs or if both parties are already finding their own ways to overcome their (apparent) disputes is explored.

TL;DR: Traditional contractual models developed for IP distribution and the legal framework of existing copyright law that is centered on the core idea of the “use” of the copy are no longer adequate regulators in the digital era where remote access to objects of copyright will soon start to dominate.