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Showing papers in "Computer Law & Security Review in 2016"


Journal ArticleDOI
TL;DR: Now that the General Data Protection Regulation's final provisions are at hand it is possible to present differences with the first draft prepared by the Commission, to discuss the issues raised through its law-making passage over the past few years, and to attempt to assess the effectiveness of its final provisions in relation to their declared purposes.

124 citations


Journal ArticleDOI
TL;DR: Findings indicate that the APPs do not adequately protect individual privacy of data collected through the IoT, and future privacy legislation must consider the implications of global reach of IoT services, and ubiquity and security of IoT data collection with respect to individual privacy.

111 citations


Journal ArticleDOI
TL;DR: The changing legal cybersecurity environment in the Internet of Things context is examined, which discusses selected applicable international regulations as well as alternative approaches to addressing the security issues arising in the internet of Things.

100 citations


Journal ArticleDOI
TL;DR: This edition of this special series on robotics and law focuses on specific types of robotic systems (medical device robots and nanorobotics) and core legal and regulatory issues, including intellectual property, employment and cyber security.

87 citations


Journal ArticleDOI
TL;DR: The author outlines the main elements that characterise the collective dimension of these rights and the representation of the underlying interests, which protects groups of persons from the potential harms of discriminatory and invasive forms of data processing.

83 citations


Journal ArticleDOI
TL;DR: A brief philosophical introduction to artificial intelligence is provided, categorizes artificial intelligence to shed light on what the authors have and know now and what they might expect from the prospective developments, and information on the attempts to regulate artificial intelligence from a legal perspective is provided.

79 citations


Journal ArticleDOI
TL;DR: Results of a survey of primarily, although not exclusively, European drone industry representatives, regulators and civil society organisations that examined privacy, data protection and ethics with respect to civil drone operations demonstrate that law enforcement, commercial and private drone operators are all thought to be associated with significant privacy,Data protection and ethical risks, and that recreational operators are thought to carry the highest risks.

56 citations


Journal ArticleDOI
TL;DR: This contribution proposes to explore the nature of the relation between both concepts within the assessment of a “risk to a right”, to identify gaps in the way DPIAs are currently operationalised and to determine whether the introduction of this methodology in its current form might itself pose a risk to the rights of privacy and data protection.

49 citations


Journal ArticleDOI
TL;DR: Draft consumer privacy legislation from the United States is examined to reveal its strengths and weaknesses in terms of addressing the significant privacy concerns that relate to Big Data's discovery of personal data and subsequent profiling by businesses.

34 citations


Journal ArticleDOI
TL;DR: In this article, the authors argue that data protection law should apply to behavioural targeting and see data used to single out a person as personal data, which fits the rationale for data protection laws: protecting fairness and privacy.

34 citations


Journal ArticleDOI
TL;DR: The hack of a car and taking over vital functions such as the engine and the brakes in the summer of 2015 raises the question whether automobile manufacturers are doing enough to counter cyber security threats and whether a regulatory intervention is necessary and, if so, how to fashion regulation.

Journal ArticleDOI
TL;DR: This paper attempts to delve into the content of Court of Justice of the European Union decision C-131/12 and examine if it indeed involves the right to be forgotten, if such a right exists at all, and to what extent it can be stated and enforced.

Journal ArticleDOI
TL;DR: It is proposed that the regulatory control of OBA in Australia is in disarray and weaknesses in consumer ignorance of online privacy management and OBA practices are exposed in calling for consumer and privacy regulators to take more meaningful action to better protect consumers' interests online.

Journal ArticleDOI
TL;DR: The article concludes that the EU's approach to data and privacy protection online, even under current proposals, is fundamentally misguided and makes four recommendations about the future direction of EU law in this area.

Journal ArticleDOI
TL;DR: It is proposed that countries apply existing regulatory arrangements and, where necessary, amend and extend them.

Journal ArticleDOI
TL;DR: Three ways in which technological developments can contribute to combatting human trafficking are explored – location tracking, data collection and drones –, through these it highlights the respective privacy and data protection concerns and attempts to offer ways forward.

Journal ArticleDOI
TL;DR: The article presents the authors' position on the legal regulation and assessment of dashcams use, i.e. that, according to the authors, dashcam use and/or publication of their recordings should not be forbidden in the EU.

Journal ArticleDOI
TL;DR: The results of the research show that the critical infrastructure operators of Turkey, including privately held operators, are mainly in favor of regulations.

Journal ArticleDOI
TL;DR: The purpose of this paper is to examine the legal issues associated with advergames from an EU perspective and, in particular, this advertising technique's capacity to manipulate emotions.

Journal ArticleDOI
TL;DR: It is concluded that, while the reforms introduced in PSD II will improve the quality of payment services and enhance e-commerce within the European Union, some payment-related impediments to the perfection of the internal digital market remain.

Journal ArticleDOI
TL;DR: In this article, the authors examined how the proposed GDPR would change the standard for data security both in general terms and in specific ways that might have an impact on the use of multi-factor authentication.

Journal ArticleDOI
Alexander Savelyev1
TL;DR: The paper concludes that most of the potential benefits of data localization provisions, i.e. in the area of public law, law enforcement activities and taxation, may still have medium-term positive impact on privacy, since they force all stakeholders to revisit the basic concepts of existing personal data legislation.

Journal ArticleDOI
TL;DR: An overview of the existing European legal framework that applies to the publication and consumption of linked data resources in typical settings and the point of view of both data publishers and data consumers is considered.

Journal ArticleDOI
TL;DR: The human rights connotations of the anonymity provided by Tor are explored, coming to the conclusion that this anonymity is an integral part of certain human rights, particularly the right to privacy and theright to freedom of expression.

Journal ArticleDOI
TL;DR: In this paper, the authors consider the respective rights and duties of government and citizens that could be included in a digital citizenship charter, and the likely legal implications, and argue that recognition and protection of this right is an essential component of a model of accountable and responsible digital citizenship.

Journal ArticleDOI
TL;DR: The provisions and added value of the standard are discussed in the context of the European data protection legislation and the uptake of thestandard one year after its publication is looked at.

Journal ArticleDOI
TL;DR: A comprehensive analysis of legislative developments for offences surrounding IDCSA in the United Kingdom is offered, bringing together the disciplines of law and digital forensics.

Journal ArticleDOI
TL;DR: In this paper, the authors examined how nine Australian information security practitioners understood and constructed their role as delegated regulators of organisational information security processes and expressed a number of concerns that reveal a very different world to that traditionally portrayed as the discipline and practice of information security.

Journal ArticleDOI
Eric Lachaud1
TL;DR: The final version of Articles 42 and 43 dedicated to the certification procedures in the General Data Protection Regulation are analyzed and it is argued that the purposes assigned to the Certification in the GDPR meet the needs of the different contributors to the preliminary discussions to the reform.

Journal ArticleDOI
TL;DR: The focus of the article is upon the impact of the data protection reform process on the way that these independent bodies, located in EU Member States will increasingly have to cooperate at an EU-level.