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Dissertations / Theses on the topic 'Law Privacy'
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1
Gibb, Susan Jennifer. "Privacy and Australian law." Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09PH/09phg4372.pdf.
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Watt, Eliza. "Cyberspace, surveillance, law and privacy." Thesis, University of Westminster, 2017. https://westminsterresearch.westminster.ac.uk/item/q3xzx/cyberspace-surveillance-law-and-privacy.
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The thesis titled, Cyberspace, Surveillance, Law and Privacy analyses the implications of state sponsored cyber surveillance on the exercise of the human right to privacy of communications and data privacy of individuals, subject to untargeted interception of digital communications. The principle aim of the thesis is to assess the legality of mass cyber surveillance of the Five Eyes alliance, with an emphasis on the United States and the United Kingdom. The study also considers the growing trend among the law enforcement agencies to access data without consent located in foreign jurisdictions without recourse to the Mutual Legal Assistance arrangements. The objective of the thesis is to demonstrate that these activities breach states’ human rights obligations under the international human rights frameworks and to show the unprecedented impact that surveillance technologies continue to have on this right. The research also highlights the inadequate protection of privacy in the internet. This leads to the evaluation of a number of possible legal solutions on the international level to the problem of mass surveillance, since the internet is a global environment designed for unrestricted data flows among jurisdictions and therefore facilitates continued violation of privacy of communications and data privacy. The thesis finds that bearing in mind (a) the highly politicised nature of the internet governance discourse, (b) the reluctance of states to subject peacetime espionage to international law regulation through a legally binding treaty, (c) the fact that international human rights law relating to privacy of communications is in need of modernization, (d) the reluctance of states to commit to a legally binding cyber treaty, (e) the slow pace with which customary cyber international law rules emerge and (f) the tendencies of states on the domestic level towards the introduction of draconian surveillance legislation at the expense of privacy, any progress in this regard at this stage will be piecemeal and likely to be achieved through a combination of the updating of the existing international and regional human rights and data protection instruments and soft law agreements.
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Paton, Elizabeth Katrine. "Privacy law and the media." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/28826.
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This thesis explores the issue of how to reconcile the value of individual privacy with that of freedom of speech. It argues that there ought to be legal protection against invasion of privacy by the media, and that such protection should be seen as complementary to a system of free expression rather than opposed to such a system.
A definition of privacy is outlined which, it is contended, meets the criteria for a coherent, neutral definition. Various reasons for valuing privacy and in favour of protecting the individual's reasonable expectations of privacy are identified. It is argued that lack of precision in the normative realm, in defining with certainty when privacy is invaded, should not be an excuse for leaving the individual without legal protection.
There follows an examination of the protection of privacy against media incursions in English, New Zealand, Australian and Canadian law, other than the coincidental protection afforded by certain common law actions. There has been significant judicial and legislative recognition of the need to safeguard privacy interests, and many interesting developments in recent years are discussed. However, none of the countries considered has yet developed effective recourse for victims of unwarranted and invasive publications.
It is argued that the relationship between privacy and free speech has been wrongly conceptualised, and that in fact both interests serve the same underlying set of values. Problems arise when privacy and free speech interests are balanced in the abstract rather than in context, and when a simplistic view of press freedom is adopted in disregard of the realities of the modern mass media.
Invasive publications generally do not significantly advance free speech interests unless they help to provide the information needed for public decision-making. Furthermore, this information can in many cases be conveyed without detriment by withholding details which disclose identity. A three-step test is proposed to determine whether privacy and free speech interests can be reconciled without compromise to either of them, or whether it is necessary to balance these interests in the context of the case.
It will also be maintained that a contextual approach is preferable to the adoption of categories such as "public figures" and "public places". These concepts tend to be misleading, and should be eschewed as analytical tools, since they confuse important questions which require separate analysis.Law, Peter A. Allard School of
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Moreham, Nicole Anna. "Privacy and the common law." Thesis, University of Cambridge, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.615821.
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Jones, Peter John. "Privacy, photojournalism and the law." Thesis, University of Bristol, 2000. http://hdl.handle.net/1983/b809698d-83e3-4cec-ad13-cf41b7983195.
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Poppleton, Esme. "Towards a privacy law : key influences." Thesis, University of Exeter, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.435548.
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Cofone, Ignacio Nicolas <1987>. "Privacy Tradeoffs in Information Technology Law." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2015. http://amsdottorato.unibo.it/7246/4/Cofone_Ignacio_tesi.pdf.
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The thesis aims to make the dynamics of the tradeoffs involving privacy more visible; both theoretically and in two of the central current policy debates in European data protection law, the right to be forgotten and online tracking. In doing so, it offers an explanation for data protection law from an economic perspective and provides a basis for the evaluation of further data protection measures.
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Cofone, Ignacio Nicolas <1987>. "Privacy Tradeoffs in Information Technology Law." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2015. http://amsdottorato.unibo.it/7246/.
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The thesis aims to make the dynamics of the tradeoffs involving privacy more visible; both theoretically and in two of the central current policy debates in European data protection law, the right to be forgotten and online tracking. In doing so, it offers an explanation for data protection law from an economic perspective and provides a basis for the evaluation of further data protection measures.
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Pepperell, Keith Craig. "Privacy, rights, and education /." The Ohio State University, 1990. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487686243819294.
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Winkler, Stephanie D. "Protecting Online Privacy." UKnowledge, 2016. http://uknowledge.uky.edu/comm_etds/47.
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Online privacy has become one of the greatest concerns in the United States today. There are currently multiple stakeholders with interests in online privacy including the public, industry, and the United States government. This study examines the issues surrounding the protection of online privacy. Privacy laws in the United States are currently outdated and do little to protect online privacy. These laws are unlikely to be changed as both the government and industry have interests in keeping these privacy laws lax. To bridge the gap between the desired level of online privacy and what is provided legally users may turn to technological solutions.
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Laurie, Graeme Thomas. "Genetic privacy : a legal perspective." Thesis, University of Glasgow, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.245755.
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Marasinghe, S. C. "A child's right to privacy in international law." Thesis, University of Oxford, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.413108.
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Murphy, Thomas John. "Closed circuit television surveillance, privacy and the law." Thesis, Ulster University, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395335.
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Hering, Ana-Klara. "Post-mortem relational privacy expanding the sphere of personal information protected by privacy law /." [Gainesville, Fla.] : University of Florida, 2009. http://purl.fcla.edu/fcla/etd/UFE0024742.
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Brien, Lynn F. "Privacy and Geospatial Technologies." ScholarWorks@UNO, 2009. http://scholarworks.uno.edu/td/971.
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This research examines the role of geospatial and ancillary technologies in the erosion of privacy in contemporary society. The development of Remote Sensing, GIS, and GPS technologies are explored as a means of understanding both their current and predicted uses and capabilities. Examination is also made of the legal basis and current status of privacy rights in the United States. Finally, current and predicted uses and capabilities of geospatial and ancillary technologies are critically examined in light of existing privacy protections as a means of determining the ways in which these technologies are impacting privacy currently and what their effects may be in the future.
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Hunt, Christopher Douglas Lorne. "Justifying and structuring a principled common law privacy tort." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.607899.
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Ball, Yvonne. "Privacy rights in employment." Thesis, University of Central Lancashire, 2008. http://clok.uclan.ac.uk/21606/.
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This thesis undertakes to research the development of domestic legal protection for privacy rights within employment. Unusually for a current work, it does this by returning to the genesis of the protections. The work challenges pervasive arguments that the notion of confidence did not protect privacy and exceptionally argues that the earliest incarnation of the notion of confidence was well equipped to protect private and personal information against disclosure. The thesis puts forward the novel view that the problems that have arisen in providing domestic protection for such information, in the absence of a right to privacy, are the result of an unfortunate narrowing of the original notion. This position is underpinned by the contention that a number of cases misinterpreted the nature of the original tort and did not fully recognise the requirement to provide protection against the acquisition of personal information. The historical analysis contributes to current knowledge by providing an alternative interpretation of the historical legal framework. This analysis provides an unorthodox assessment of the opportunities provided to the courts by the notion of confidence, to enhance both the theory and practical impact of the protection of privacy rights within employment Furthermore the thesis evaluates a broad range of case law from the European Court of Human Rights. These include general privacy cases, those involving wrongdoers as well as general employment cases. These cases are used to identify any consistent themes or conflicts in the application of the right to privacy. The evaluation produces a highly developed analysis and uncovers the latent significance of employment policies in both the protection of and the intrusion into, an employee's privacy. Most notably and distinctively the thesis identifies the important role that a well-crafted policy can have in augmenting an insubstantial legislative framework, provided that some legal basis provides the foundation for the policy. This evaluation also exposes the implications of any policy, which provides the basis for an interference with an employee's privacy and unconventionally highlights that the mere existence of such a policy can of itself amount to an intrusion, whether or not it is put into practice. Moreover, the thesis considers whether the incorporation of the right to privacy into domestic law has any impact upon private sector employers and employees. It heightens knowledge of the positive obligations placed upon the state and the courts to protect the right to privacy of all individuals against intrusions by the state and significantly against intrusions by other individuals or private sector organisations. The thesis therefore provides a valuable addition to current understanding of the interventionist and rigorous protections for privacy rights within employment, provided by the Strasbourg Court. This in turn provides the foundation for the unique evaluation of how effectively the right to privacy is incorporated into current domestic law. The thesis has taken the valuable opportunity provided by the tenth anniversary of the publication of the Human Rights Act 1998 to consider its impact upon privacy rights within employment. It takes advantage of the occasion to re-evaluate the categories of confidence and privacy and to analyse the principles underpinning the notions within domestic courts. The work exceptionally compares the development of domestic employment law with the development of general civil and criminal cases. This is an effective structure, which facilitates the development of arguments outlining how privacy rights within employment can be more effectively recognised and protected. The thesis does not shirk the challenges posed by the complex and difficult piece of legislation known as the Regulation of Investigatory Powers Act 2000, a particularly puzzling statute'. 1 It singularly and painstakingly reviews its provisions and questions whether accepted interpretations are correct or workable. The work offers an independent analysis of the rationale and application of its terms and brings to light the finding that despite its name Part II of the Act does not provide any powers and does not regulate the use of any existing powers but merely provides a framework, by which, intrusions may be undertaken by public authorities 'in accordance with the law' where there is no other statutory basis for the interference. The thesis makes an interesting case that other than where it creates criminal offences and civil liabilities for the interception of communications2, it has little if any effect upon the monitoring of employees, whether in the public or private sectors. The thesis also evaluates the Data Protection Act 1998 and The Employment Practices Code. It originally asserts that the Act and the Code provide the statutory basis for employers to intrude into the private lives of employees and prospective employees 'in accordance with the law' where it is necessary and proportionate to so; providing the employer has established and published policies that make the intrusion foreseeable in the circumstances. The fact that these arguments need to be evaluated and explained, naturally leads to the explicit conclusion that the incorporation of the rights protected by Article 8 in the statutory framework have failed to supply the necessary clarity to provide forseeability or to give, strengthen or explicitly restrict privacy rights within employment. Additionally, the creative comparison with the general privacy and criminal cases brings to light the evident disparity in the development of the case law in these areas compared with the development within employment cases. The thesis sets out the &adual but definite maturing of the protection noticeable in general privacy and criminal cases, particularly in v W [2003] EWCA Crim 1632 p. 98 2 Which themselves are modified by the Telecommunication (Lawful Business Practice) (Interception of Communications) Regulations, 2000 L1 relation to wrongdoing and rehabilitation, arguing that this has yet to filter into the employment cases. This leads to proposals for reform to remove the evident confusion for employers, employees, legal advisors, those providing oversight and commentators. The proposals encourage the judiciary to embrace the challenges and possibilities provided by the Human Rights Act 1998 to provide appropriate protections for privacy rights within employment. The thesis provides a platform for further research within this area and makes recommendations as to how the findings could be developed by both empirical research or by further comparative studies. The unusual approach to the research, the original nature of the findings and proposals for reform provide a valuable contribution to knowledge of the domestic legal framework, both statutory and common law suggesting both how it may be more effectively applied and how it could profitably be developed and clarified for both employers and employees. The thesis has thereby moved the debate to a different theoretical place from the established view of the ability of domestic law to effectively protect privacy rights within employment.
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Black, Gillian. "Right of publicity in Scots law." Thesis, University of Edinburgh, 2009. http://hdl.handle.net/1842/5943.
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This thesis examines publicity exploitation in practice and the possible legal response of Scots law to that exploitation. It argues that the common law in Scotland is not capable of providing a coherent and principled right of publicity for individuals, and that a statutory right is instead required. By examining the nature of publicity exploitation and the activities that constitute publicity, it becomes clear that there are a number of different methods by which an individual’s “persona” – name, image, identity and reputation – can be used to enhance the goods and services of others, and that this enhancement is something for which other parties are willing to pay. The first part of this thesis explores publicity in practice, in order to derive a framework and vocabulary on which to build the subsequent legal analysis. One conclusion reached here is that, whereas much case law and academic commentary focuses on the unauthorised use of persona, authorised exploitation is more common and more lucrative for the individual. Both authorised and unauthorised use therefore need to be represented in a publicity right. The second part explores justifications for establishing a legal right to regulate the exploitation of publicity and to enable the control of such exploitation by the individual in question. These justifications reflect the dual interests at stake in publicity rights, being dignitarian interests in the use and control of one’s persona, and economic interests in the financial value of such use. The third part of the thesis draws upon the findings of the first two parts in order to assess the most appropriate legal classification of a right of publicity. The conclusion reached is that publicity cannot be sufficiently protected through established real rights or personal rights. Instead, the hybrid nature of publicity, comprising dignitarian and economic interests, should most appropriately be protected through a right in the nature of exclusive privilege (a concept already known in Scots law). This right is capable of enabling the necessary control of persona for the individual, subject to appropriate limitations to recognise the competing interests of other parties. These limits include freedom of expression and cultural communication. The final conclusion is that such a statutory right of exclusive privilege would be best placed to give principled and coherent effect to a right of publicity in Scots law.
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Mora, Guerra Mario Ivan. "Privacy law issues for encryption and government control in Mexico." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ29837.pdf.
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Mora, Guerra Mario Ivan. "Privacy law issues for encryption and government control in Mexico." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27462.
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Mexico is part of the dramatic change that information technologies are triggering worldwide and is thus subject to the potential risks of privacy that this "digitally conformable" world implies. Encryption may be a solution to this problem, but its use also involves important difficulties that some countries have tried to solve restricting its use, import or export.This thesis studies the legal challenge of achieving a balanced legislative answer that ensures maximum protection of privacy without conflicting with law enforcement. It also warns the Mexican Consultant Committee on Informatic Policies about the potential problems that the use of encryption technologies will create in Mexico and proposes some solutions.
Mexico is urged to reform its laws pertaining to privacy and confidentiality, and to regulate the illegal and beneficial uses of encryption, in order to achieve a comprehensive and poised legal and administrative infrastructure for information technologies, privacy and encryption. We lay out basic legal parameters to shape a future encryption law in Mexico, emphasizing that the Mexican Government should guarantee that any Mexican can use, develop, market, import or export any encryption product, and that in no event should the Mexican Government impose any compulsory encryption standard. In order to control the criminal use of encryption, we suggest lawful compulsory decryption and certain encryption use restrictions in cases where these technologies are found to have been used to further a crime.
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Gondwe, Mimmy. "The Protection of Privacy in the Workplace: A Comparative Study." Stellenbosch : Stellenbosch University, 2011. http://hdl.handle.net/10019.1/17849.
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Thesis (LLD )--Stellenbosch University, 2011.ENGLISH ABSTRACT: The importance of privacy lies in the fact that it represents the very idea of human dignity or the preservation of the ‘inner sanctum’. Not surprisingly, however, operational concerns of employers and technological developments combine continuously to challenge the preservation of privacy in the workplace. Employees the world over are exposed to numerous privacy invasive measures, including drug testing, psychological testing, polygraph testing, genetic testing, psychological testing, electronic monitoring and background checks. Hence, the issue at the heart of this dissertation is to determine to what extent privacy is protected in the South African workplace given advancements in technology and the implications (if any) for the right to privacy as such. A secondary aim of the dissertation is to attempt to provide a realistic balance between the privacy concerns of employees and the operational needs of employers in this technological age. As such the main focus of dissertation falls within the sphere of employment law. In order to provide an answer to the research issue discussed above, the dissertation addresses five ancillary or interrelated issues. First, the broad historical development of the legal protection of privacy is traced and examined. Second, a workable definition of privacy is identified with reference to academic debate and comparative legislative and judicial developments. Third, those policies and practices, which would typically threaten privacy in the employment sphere are identified and briefly discussed. Fourth, a detailed evaluation of the tension between privacy and a number of selected policies and practices in selected countries is provided. More specifically, the dissertation considers how these policies and practices challenge privacy, the rationale for their existence and, if applicable, how these policies and practices – if necessary through appropriate regulation – may be accommodated while simultaneously accommodating both privacy and the legitimate concerns of employers. The selection of these practices and policies is guided by two considerations. At the first level the emphasis is on those challenges to privacy, which can be traced back to technological developments and which, as such, foster new and unique demands to the accommodation of privacy in the workplace. The secondary emphasis is on those policies, which are representative of the fundamental challenges created by new technologies to privacy. To effectively address the above issues the dissertation uses the traditional legal methodology associated with comparative legal research, which includes a literature review of applicable law and legal frame work and a review of relevant case law and a comparative study of selected foreign jurisdictions.
AFRIKAANSE OPSOMMING: Geen opsomming
Fulbright Foundation
Stellenbosch University
Mellon Foundation
NFR
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Bennett, Thomas Daniel Cynvelin. "Imagining privacy in the common law : overcoming the barriers to a common law tort of intrusion." Thesis, Durham University, 2018. http://etheses.dur.ac.uk/12523/.
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This thesis is concerned with the relevance of imagination to the task of judicial elaboration of the common law. It brings this issue into focus by concentrating its analysis on the “intrusion lacuna” in domestic tort law’s protection of privacy interests. The thesis proposes that this lacuna, whereby the common law lacks a tort of intrusion into privacy, can be explained by identifying two “barriers” to the adoption of such a tort. A “formal” barrier inhibits development by causing the courts to believe that the development of a novel privacy tort would amount to an illegitimate exercise in judicial activism. A “semantic” barrier arises out of the difficulty in conceptualising the amorphous term “privacy”, which – it is often (wrongly) thought – is not amenable to sufficiently tight definition to drive the development of heads of liability apt to protect it. The presence of both barriers indicates the dominance of a particularly restrictive mode of thinking in judicial decisions on privacy in recent years. This strongly resembles a mode of thinking associated with the left hemisphere of the human brain. Where this mode of thinking dominates, attentiveness to context is significantly diminished. The result is a privacy jurisprudence that possesses little awareness of the broader legal and social context within which it takes place. Crucially, this left hemisphere-dominated mode of thinking inhibits the exercise of imagination in our privacy jurisprudence. The thesis argues that only by engaging in a more imaginative jurisprudence can the two barriers be overcome. To that end, it constructs a working understanding of “legal imagination” which makes plain the core role that attentiveness to context plays in creative endeavours, including developing the common law. It concludes that, if an intrusion tort is to be developed by the courts, they will first have to adopt this more imaginative jurisprudence.
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Moller, Kerry. "The Right to Digital Privacy: Advancing the Jeffersonian Vision of Adaptive Change." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/936.
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The relationship between privacy, technology, and law is complex. Thomas Jefferson’s prescient nineteenth century observation that laws and institutions must keep pace with the times offers a vision for change. Statutory law and court precedents help to define our right to privacy, however, the development of new technologies has complicated the application of old precedents and statutes. Third party organizations, such as Google, facilitate new methods of communication, and the government can often collect the information that third parties receive with a subpoena or court order, rather than a Fourth Amendment-mandated warrant. Privacy promotes fundamental democratic freedoms, however, under current law, the digital age has diminished the right to privacy in our electronic communications data.
This work explores the statutory and constitutional law protecting our right to privacy, as well as the inadequacies that have developed with the digital revolution. With commonplace use of third parties to facilitate electronic communication, our courts and lawmakers must amend current laws and doctrines to protect the privacy of communications in the digital age. To provide clarity and appropriate data privacy protections, the following clarifications and amendments should be made to the third party doctrine and the Stored Communications Act (SCA): 1) third party doctrine should only apply to context data, 2) content data should be protected by the Fourth Amendment, 3) the SCA should eliminate the distinction between Remote Computing Services (RCS) data and Electronic Communication Services (ECS) data, and 4) the SCA should require warrants for all content data acquisition.
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O'Callaghan, O. "Privacy and a free press : locating the public interest." Thesis, City, University of London, 2017. http://openaccess.city.ac.uk/17858/.
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The term “the public interest” is oft-cited but seldom defined. It is in essence both an umbrella term and a short-hand for a concept (or concepts) that we know we need to understand but have difficulty explaining. However, given both the prevalence and the importance of the concept to the law in specific disputes, confronting its essential nature becomes imperative to resolving those clashes. One such instance comes in the form of the conflict of privacy and a free press. One of the foremost legal problems of our time, the clash of Article 8 and Article 10 rights does not lend itself to simple resolutions given the frequency of what might be described as ‘intractable’ or ‘zero-sum’ cases – where both rights cannot be simultaneously realised to the satisfaction of the parties involved. This thesis therefore seeks to understand where the elusive ‘public interest’ lies in such cases. To do so it firstly examines where the public interest is located in each of the respective rights, and then how those rights are to be balanced. This thesis contends that it is not enough simply to understand the nature of the two rights which are being balanced, but that it is crucial to understand how the act of balancing itself impacts upon the outcome. All of this cannot be divorced from the wider social and political context in which the contest between conflicting rights takes place. This thesis therefore systematically examines each of these pieces of the puzzle to garner an in depth understanding of them individually and how they react with each other. This is done in order to produce a set tools – definitions, understandings, and conclusions – which can be applied to factual situations in order to illuminate the location of the public interest in conflicts between privacy and a free press.
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El-Sheikh, Mahmoud Mohamed Omar. "Developing a Libyan information privacy framework." Thesis, Queensland University of Technology, 2014. https://eprints.qut.edu.au/65866/1/Mahmoud%20Mohamed%20Omar_El-Sheikh_Thesis.pdf.
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This thesis considers how an information privacy system can and should develop in Libya. Currently, no information privacy system exists in Libya to protect individuals when their data is processed. This research reviews the main features of privacy law in several key jurisdictions in light of Libya's social, cultural, and economic context. The thesis identifies the basic principles that a Libyan privacy law must consider, including issues of scope, exceptions, principles, remedies, penalties, and the establishment of a legitimate data protection authority. This thesis concludes that Libya should adopt a strong information privacy law framework and highlights some of the considerations that will be relevant for the Libyan legislature.
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Nam, Hyung Doo. "The right of publicity in the global market : is James Dean a living dead even in Korea? /." Thesis, Connect to this title online; UW restricted, 2005. http://hdl.handle.net/1773/9613.
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Cofone, Ignacio Nicolas [Verfasser], and Klaus [Akademischer Betreuer] Heine. "Privacy Tradeoffs in Information Technology Law / Ignacio Nicolas Cofone ; Betreuer: Klaus Heine." Hamburg : Staats- und Universitätsbibliothek Hamburg, 2017. http://d-nb.info/1124591397/34.
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Cofone, Ignacio Nicolas Verfasser], and Klaus [Akademischer Betreuer] [Heine. "Privacy Tradeoffs in Information Technology Law / Ignacio Nicolas Cofone ; Betreuer: Klaus Heine." Hamburg : Staats- und Universitätsbibliothek Hamburg, 2017. http://d-nb.info/1124591397/34.
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Andrews, Lisa Tarsi. "Online privacy on university campuses: The law, policy, administrative, and student perspectives." Diss., The University of Arizona, 2004. http://hdl.handle.net/10150/280584.
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Higher education, like many large institutions, has integrated technology into many aspects of its daily operations. As a result, many policies and resultant enforcement procedures have been put into place. The question arises as to the privacy of the students' actions online. To what degree monitoring of the network is occurring is of great interest. In addition, what is happening outside the university in the law related to online privacy may provide a window into the level of privacy afforded to students utilizing the campus network. This exploratory case study attempts to integrate four perspectives on online privacy: the law, policy, administrative, and student perspectives. It is expected that over time, privacy online has decreased within the law and on campuses, while the interests of the state and university administrations have taken precedence over individual privacy online. In addition, it is expected that student and administrative perspectives will favor increased individual privacy online. The implications of this study are far reaching, as the area of privacy online is continuously emerging.
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Burton, Kelley Jean. "A principled approach to criminalistion: when should making and/or distributing visual recordings be criminalised?" University of Southern Queensland, Faculty of Education, 2008. http://eprints.usq.edu.au/archive/00006183/.
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[Abstract]Determining the boundaries of the modern criminal law have become a difficult issue, particulary as 21st century criminal law struggles to deal with the widespread use of technology such as digital cameras, mobile phone cameras, video cameras, web cams, the Internet, email and blogosphere, privacy concerns and shifts in modern culture. This thesis discusses making and/or distributing visual recording, and issues which arise with the criminalisation of this conduct. Whilst various national and international jurisdictions have legislated in this regard, their responses have been inconsistent, and this thesis therefore takes a principled approach to examining the criminalisation of such conduct, examining constructs of privacy, harm, morality, culpability, punishment, social welfare and respect for individual autonomy. In framing criminal offences around this conduct, this thesis suggessts that the criminal law should respect the consent of the person visually recorded and consider the subjective culpability of the person making and/or distributing the visual recording.
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Burdon, Mark. "The conceptual and operational compatibility of data breach notification and information privacy laws." Thesis, Queensland University of Technology, 2011. https://eprints.qut.edu.au/47512/1/Mark_Burdon_Thesis.pdf.
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Mandatory data breach notification laws are a novel and potentially important legal instrument regarding organisational protection of personal information. These laws require organisations that have suffered a data breach involving personal information to notify those persons that may be affected, and potentially government authorities, about the breach. The Australian Law Reform Commission (ALRC) has proposed the creation of a mandatory data breach notification scheme, implemented via amendments to the Privacy Act 1988 (Cth). However, the conceptual differences between data breach notification law and information privacy law are such that it is questionable whether a data breach notification scheme can be solely implemented via an information privacy law. Accordingly, this thesis by publications investigated, through six journal articles, the extent to which data breach notification law was conceptually and operationally compatible with information privacy law. The assessment of compatibility began with the identification of key issues related to data breach notification law. The first article, Stakeholder Perspectives Regarding the Mandatory Notification of Australian Data Breaches started this stage of the research which concluded in the second article, The Mandatory Notification of Data Breaches: Issues Arising for Australian and EU Legal Developments (‘Mandatory Notification‘). A key issue that emerged was whether data breach notification was itself an information privacy issue. This notion guided the remaining research and focused attention towards the next stage of research, an examination of the conceptual and operational foundations of both laws. The second article, Mandatory Notification and the third article, Encryption Safe Harbours and Data Breach Notification Laws did so from the perspective of data breach notification law. The fourth article, The Conceptual Basis of Personal Information in Australian Privacy Law and the fifth article, Privacy Invasive Geo-Mashups: Privacy 2.0 and the Limits of First Generation Information Privacy Laws did so for information privacy law. The final article, Contextualizing the Tensions and Weaknesses of Information Privacy and Data Breach Notification Laws synthesised previous research findings within the framework of contextualisation, principally developed by Nissenbaum. The examination of conceptual and operational foundations revealed tensions between both laws and shared weaknesses within both laws. First, the distinction between sectoral and comprehensive information privacy legal regimes was important as it shaped the development of US data breach notification laws and their subsequent implementable scope in other jurisdictions. Second, the sectoral versus comprehensive distinction produced different emphases in relation to data breach notification thus leading to different forms of remedy. The prime example is the distinction between market-based initiatives found in US data breach notification laws compared to rights-based protections found in the EU and Australia. Third, both laws are predicated on the regulation of personal information exchange processes even though both laws regulate this process from different perspectives, namely, a context independent or context dependent approach. Fourth, both laws have limited notions of harm that is further constrained by restrictive accountability frameworks. The findings of the research suggest that data breach notification is more compatible with information privacy law in some respects than others. Apparent compatibilities clearly exist as both laws have an interest in the protection of personal information. However, this thesis revealed that ostensible similarities are founded on some significant differences. Data breach notification law is either a comprehensive facet to a sectoral approach or a sectoral adjunct to a comprehensive regime. However, whilst there are fundamental differences between both laws they are not so great to make them incompatible with each other. The similarities between both laws are sufficient to forge compatibilities but it is likely that the distinctions between them will produce anomalies particularly if both laws are applied from a perspective that negates contextualisation.
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Kittle, Jesse T. Mr. "A Study of Surveillance and Privacy Rights." Digital Commons @ East Tennessee State University, 2013. https://dc.etsu.edu/etd/1170.
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The purpose of this study it to research the role and public perception of security surveillance on a university campus. The research measured variables such as age, gender, class standing political affiliation, and one's residence whether on campus or off campus. This study is focused on how students view security surveillance, and whether they see security surveillance as an important tool for the safety of the public or a threat to privacy. A student survey was administered to undergraduate students asking how they felt about crime on campus and whether crime was a problem that could be solved by security cameras. The research indicates that the majority of students do not view security surveillance as a threat to their privacy, and that security cameras are an important tool in combating crime.
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Vänskä, Renja. "Privacy policy clauses: Exploitation by unfair trading conditions under Article 102(a) TFEU?" Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-438754.
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Heite, Martin. "Privacy, Constitutions and the Law of Torts: a Comparative and Theoretical Analysis of Protecting Personal Information Against Dissemination in New Zealand, the UK and the USA." University of Canterbury. Law, 2008. http://hdl.handle.net/10092/2955.
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The New Zealand Court of Appeal has recently acknowledged the existence of a freestanding tort of invasion of privacy in Hosking v Runting. The tort is in its infancy and the courts are still grappling with essential problems, the most prominent of which is the conflict with countervailing interests in freedom of speech. In need of guidance, the courts turn to overseas authorities, predominantly from the United Kingdom and the United States of America. The commonly found descriptive nature of the comparison invites a broader analysis of these jurisdictions. In this thesis, I offer a theoretically informed comparative law analysis of New Zealand's new tort with the American public disclosure of private facts tort and the British extended breach of confidence action. In all three jurisdictions, the conflict of privacy with individual and societal concerns in freedom of speech has led to an exten-sion of (quasi-) constitutional norms derived, for instance, from the New Zealand Bill of Rights Act 1990 into the common law sphere – the horizontal effect. The horizontal application of constitutional rights poses significant legal problems to the common law, because it has learned to deal with duties rather than rights. The time has come to re-consider the nature of rights in both constitutional and tort law. The comparison shows that New Zealand has effectively adopted two torts – one following the duty-based lead of the United States of America and an alternative modelled along the lines of the more rights-orientated British law. The law of the United Kingdom and the USA differ to a degree that calls their comparability into question. I present the preferable British ap-proach as a 'constitutionalised common law tort of privacy.' The results also show that this model represents a competitive third way to traditional solutions based on common law or statute by means of utilising a statutory human rights instrument as an analytical framework for the common law.
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McGoldrick, Albert W. "Confidentiality of tribunal acts the civil law implications in the U.S.A. of canon 1598, [par.] 1 /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.
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Nwozo, Jacqueline Nonye. "The corporation and privacy protection : ought English law to be further developed to provide fuller protection for the privacy of the corporation?" Thesis, King's College London (University of London), 2015. http://kclpure.kcl.ac.uk/portal/en/theses/the-corporation-and-privacy-protection(424eb786-e5a0-4086-bb28-0c59cac7f12c).html.
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This thesis investigates whether English law ought to be further developed to provide fuller protection for the privacy of the corporation. As an essential preliminary step, the thesis first explores the concept of privacy in general – privacy interests, definitions of privacy, rationales of privacy; and then proceeds to formulate a concept of privacy for the corporation. The thesis advances to consider the level of protection of the privacy of the corporation in English law, and finds that only a limited level of protection is provided – in broadcasting matters – by the Broadcasting Act 1996. The thesis then proceeds to critically examine whether the extended action for breach of confidence which protects an individual's privacy can and ought to be further developed to provide protection for the corporation’s privacy, and argues that the corporation’s privacy can and ought to be so developed. The thesis also investigates whether, in the alternative, the corporation’s privacy would be more suitably protected if it were developed as a property right under Article 1 of Protocol 1 ECHR, and finds that Article 1 of Protocol 1 would not suitably protect the corporation’s privacy. Instead, the thesis upholds the extended action for breach of confidence as a more natural and suitable home for the protection of the privacy of the corporation in English law. The thesis concludes with recommendations on the structural framework for the proposed protection of the corporation’s privacy under the extended action for breach of confidence. This research is undertaken primarily through doctrinal analysis; it analyses English Courts’ jurisprudence, the European Court of Human Rights jurisprudence, as well as the jurisprudence of the Court of Justice of the European Union where it concerns the administration of Article 8 ECHR. Theoretical arguments are also engaged in when it comes to defining and justifying the protection of the corporation’s privacy.
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Mullins, Lawrence G. "Dismissal of teachers for out-of-school sexual immorality not involving students : limitations and guidelines regarding the privacy rights of teachers /." Connect to resource, 1995. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1216304650.
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Englezos, Elizabeth. "#Hyperconnected: Law and the digital influence over individual identity." Thesis, Griffith University, 2022. http://hdl.handle.net/10072/421224.
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This thesis considers how our modern hyperconnected lives affect the development of individual identity. An important component of the following analysis evaluates the law’s role – if any – in the mediation of this digital influence: Should the law intervene? And if so, how?
The research presented begins by assessing the current legal protections for individual data and privacy, and the shortfalls of those protections. As such, the research begins with a consideration of the European Union’s General Data Protection Regulation (‘GDPR’). The GDPR has introduced some novel protections that include extraterritorial applicability. The GDPR therefore represents global best practice in the area of law and the digital space making it especially relevant to any critique of the law, its efficacy, and its potential to effect change both in the digital space and in relation to the digital influences over individual identity.
Unfortunately, many of the novel protections provided by the GDPR are undermined or even nullified by the individual’s consent to the terms and conditions that govern most agreements relevant to the digital space. The next section of this thesis, therefore,
examines the doctrine of legal consent and how consent is used to sidestep legal protections that would otherwise prevent data access and misuse. This examination of consent exposes fundamental flaws in the way consent occurs in the digital space and
demonstrates why traditional legal consent is not fit-for-purpose when applied to digital and online interactions.
One of the more challenging aspects of this analysis related to the lack of language or terminology which could accurately capture and explain the mechanisms of digital influence. This thesis therefore introduces a theory of digital influence referred to as
‘digital translation’. This theory illustrates not only how digital influence occurs, but also the inherent assumptions underlying this process and the role of digitality. This theory also accounts for the way in which decisions are made in the digital space and applied to a digital version of the person to produce outcomes in the real or material world.
Algorithms or automated decision-making systems play a fundamental role in this process. The theory of digital translation as presented in this thesis therefore depicts how algorithms directly affect individual outcomes and identity, and precisely identifies the points at which this influence occurs. Other important concepts introduced are the ‘data entity’, the ‘digital translation’ and the ‘digital proxy’. Digital translation also explains how the digital proxy acts as a ‘stand in’ for the real person and is assumed to be accurate or ‘real’ despite being incomplete and context dependent.
Algorithms are, therefore, a central theme of this research as they are used to define and describe the person, or to simplify a process or question so that it can be reduced to a set of data-based variables. This thesis demonstrates how algorithmic interventions undermine individual autonomy by denying the individual essential opportunities to selfdefine, to change one’s mind, and limiting the individual’s options or opportunities. The automation of these decision-making processes further affects personal autonomy by denying the individual any opportunity to correct erroneous assumptions or misconceptions about them, their personality, or their attributes. ‘Automation bias’ allows assumptions of accuracy to justify the denial of human review or oversight.
When algorithms are combined with automation bias, there is little chance for individual recourse except in instances of system-wide failures. Centrelink’s online compliance intervention (OCI) is a prominent example of a system-wide failure and is presented in Chapter 4. Centrelink’s OCI sought to audit and identify those defrauding the system, but due to a design flaw suspended the payments of a large proportion of welfare recipients and threatened many with legal action.
Chapter 5 directly addresses legal capacity and autonomy as a central tenet of the law and its application. This chapter’s research demonstrates how algorithms and the digital space undermine personal autonomy. This chapter proposes three essential elements of personal autonomy and describes how they are undermined by the digital space. This denial of autonomy also raises questions of the quality of accountability and responsibility, and whether legal personhood is threatened by the digital space.
Chapter 6 then considers the threat of algorithms and automation bias when used to determine matters of freedom and personal liberty. This chapter evaluates the algorithm known as the Risk Assessment Tool which was used to inform the allocation of policing resources in the state of New South Wales. The research demonstrates that deployment of algorithms in these instances can also have a marked effect on the individual’s social identity by inducing perceptions of criminality with the subject’s community, in addition to feelings of persecution, isolation, or worthlessness.
Social identity and core personal beliefs are also informed and shaped by our social networks. Chapter 7 therefore considers the impact of social media algorithm recommendations that prioritise some friends over others. By determining which friendships flourish and which friendships fade, social media recommendations affect social and personal identity by not only changing how the individual sees themselves, but also their beliefs, their self-narratives, and their understanding of the world around them.
This thesis concludes by examining how the law can protect the individual against these forms of digital influence. It suggests a new legal approach that focuses on the outcomes produced from data and digital decision-making processes instead of traditional approaches that centre on data or privacy alone. The research also advocates for a regulatory approach which blends self-regulation and external oversight in a way similar to those introduced by the GDPR.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Griffith Law School
Arts, Education and Law
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Valette, Delphine. "Protection against employment HIV-testing and HIV/AIDS related discrimination : the potential and limitations of UK anti-discrimination law." Thesis, University of Bristol, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.391178.
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Sahlstedt, Andreas. "A competition policy for the digital age : An analysis of the challenges posed by data-driven business models to EU competition law." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-389650.
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The increasing volume and value of data in online markets along with tendencies of market concentration makes it an interesting research topic in the field of competition law. The purpose of this thesis is to evaluate how EU competition law could adapt to the challenges brought on by big data, particularly in relation to Art. 102 TFEU and the EUMR. Furthermore, this thesis analyses the intersection between privacy regulations and competition law. The characteristics pertaining to online markets and data are presented in this thesis in order to accurately describe the specific challenges which arise in online markets. By analysing previous case law of the ECJ as well as the Bundeskartellamt’s Facebook investigation, this thesis concludes that privacy concerns could potentially be addressed within a EU competition law procedure. Such an approach might be particularly warranted in markets where privacy is a key parameter of competition. However, a departure from the traditionally price-centric enforcement of competition law is required in order to adequately address privacy concerns. The research presented in this thesis demonstrates the decreasing importance of market shares in the assessment of a dominant position in online markets, due to the dynamic character of such markets. An increased focus on entry barriers appears to be necessary, of which data can constitute an important barrier. Additionally, consumer behaviour constitutes a source of market power in online markets, which warrants a shift towards behavioural economic analysis. The turnover thresholds of the EUMR do not appear to adequately address data-driven mergers, which is illustrated by the Facebook/WhatsApp merger. Therefore, thresholds based on other parameters are necessary. The value of data also increases the potential anticompetitive effects of vertical and conglomerate mergers, warranting an increased focus on such mergers.
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Hession, Mark R. "The relationship of values and norms an analysis of personal freedom in law /." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.
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pellos, gian marco. "Responsabilità penale del Data Protection Officer e tutela transnazionale della privacy dopo il Regolamento (UE) 2016/679." Doctoral thesis, Urbino, 2019. http://hdl.handle.net/11576/2664164.
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Setthapirom, Wandee. "The Collection of Electronic Evidence in the Prevention of Cybercrimes : A Dichotomy Between Security and Privacy." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-94623.
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Krouse, Anna Leslie. "Eavesdropping on History: Olmstead v U.S and the Emergence of Privacy Jurisprudence during Prohibition." W&M ScholarWorks, 2011. https://scholarworks.wm.edu/etd/1539626657.
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Craig, John D. R. "Legal principles for the protection of the right of privacy in the workplace." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286833.
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Elliott, Anne A. "Rights in Conflict: Freedom of Information versus the Family Education Rights and Privacy Act." Ohio University Honors Tutorial College / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1341505659.
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Lantz, Antonia. "The EU-US privacy shield : an insufficient level of data protection under EU fundamental rights standards." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-140685.
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Bučiūtė, Raminta. "Whether the use of tracking cookies without the user consent interferes with their privacy?" Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140619_163335-14265.
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Nowadays most of the information is gathered through the internet, where a vast amount of data is being exchanged every second. However, most of the cyberspace users are not fully aware of the technological side of the Internet. One of the tools used on the Internet to ensure instant and informative service to users, are cookies, a small piece of collected data about user’s preferences. Data collected and combined from different cookies creates a serious danger to users’ privacy. The fact that users are not always aware of their data being collected even sharpens the problem of privacy protection on the Internet.
The purpose of this thesis was to examine the consent requirement for the use of tracking cookies in legal framework of European Union, United States of America and Lithuania and to find out if the use of tracking cookies without user consent interferes with users’ right to privacy.
In order to achieve the aim of this work, descriptive-interpretive research approach was used in the first part of thesis to analyse various concepts of privacy, defined in different scientific literature, as well as different types of cookies and their purpose. In the second part of thesis, normative-comparative approach was used to analyse various legal systems, their essential laws and principles, theoretical backgrounds and their requirements for the valid user consent intended for the use of cookies.
The principal conclusion was that use of tracking cookies without unambiguous... [to full text]Šiuolaikinėje globalioje žinių visuomenėje, teisė ne visuomet yra pajėgi sureguliuoti pagrindinės valiutos – informacijos, apsaugą. Internetas ir kompiuterinės technologijos suteikia galimybę greitai, pigiai ir nenutrūkstamai keistis dideliais kiekiais informacijos, kaupti ją duomenų bazėse ir apdoroti. Internetu kasdien naudojasi net 40,7% visos pasaulio populiacijos, tai priemonė be kurios daugelis neįsivaizduoja kasdienio savo darbo ir laisvalaikio. Tačiau didžioji interneto vartotojų dalis neturi žinių apie techninę interneto pusę ir grėsmes, kurios gali kilti jiems, jų teisei į privatumą ir duomenų apsaugai internete. Tarptautinė bendruomenė išreiškė susirūpinimą interneto vartotojų privatumo apsauga, Jungtinių Tautų Generalinė Asamblėja priėmė rezoliuciją 68/167 „Teisė į privatumą skaitmeniniame amžiuje“. Šia rezoliucija Jungtinės Tautos ragina valstybes atkreipti dėmesį į pavojus privatumui esančius interntete ir derinti savo įstatymus siekiant suteikti žmogaus teisių ir laisvių aapsaugą interneto vartotojams. Slapukai (angl.-cookies) yra viena iš priemonių, kurią paieškos sistemos, socialiniai tinklai ir kiti interneto aktoriai nuolatos naudoja siekdami suteikti nenutrūkstamas ir kokybiškas paslaugas interneto vartotojams. Dažniausiai slapukai yra naudojami atsiminti vartotojų pirkinių užsakymus, kalbos pasirinkimą, slaptažodžius ir aplankytus puslapius. Vadinamieji sesijos slapukai( angl. -session cookies) yra automatiškai ištrinami iš galinio vartotojo įrenginio... [toliau žr. visą tekstą]
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Townsend, Beverley Alice. "Privacy and data protection in eHealth in Africa - an assessment of the regulatory frameworks that govern privacy and data protection in the effective implementation of electronic health care in Africa: is there a need for reform and greater regional collaboration in regulatory policymaking?" Doctoral thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25510.
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This thesis examines and evaluates the legal protection of privacy and personal data in South Africa and across Africa in the electronic health care industry, that is, where medical services are provided to individuals by way of networked technological platforms including mobile telephones. This thesis presents a critical understanding of, and pragmatic solution to, the questions that lie at the intersection of the following: an individual's right to privacy and data protection, cultural disparities when defining privacy, the emergence of electronic health care, the sensitivity of health related data, the need for health care in areas, where lack of resources and lack of accessibility are often commonplace, and the introduction of networked technologies within the health care system as a solution. Firstly, eHealth services and applications are described. Secondly, notions of privacy and data protection are considered. Thirdly, the prevailing legal determinants that form the basis of African and South African data protection regulatory measures are ascertained. Fourthly, selected illustrations are presented of the practical implementation of eHealth services and certain recent influencers within the digital environment, which may inform the future eHealth privacy regulatory framework. Finally, criticisms of the Malabo Convention are presented and recommendations advanced. As there is limited guidance with regard to policymaking decisions concerning privacy and data protection in the implementation of eHealth in developing countries, possibilities for reform are suggested. These will allow a more careful balance between, on the one hand, the normative commitment to providing accessible health care using electronic means and, on the other, the rights to privacy and data protection of the user, which require safeguarding within an African context. In proposing a solution, it is argued that adequate privacy regulation of electronic health must (1) be sensitive to societal and cultural differences in what is considered private, (2) be responsive to rapid technological transformation in healthcare industries, and (3) build user confidence in data protection in this context, to enable nascent electronic health initiatives to reach their potential in Africa. It is proposed that the adoption of an accepted social imperative protected by a powerful triumvirate of ethical constraints, effective legal provisions and regulations, and operational necessities, is possible. Greater regulatory collaboration across the continent is called for based on harmonised domestic and international laws, national policies, and industry codes of conduct that are sensitive to local conditions and challenges.
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Törngren, Oskar. "Mergers in big data-driven markets : is the dimension of privacy and protection of personal data something to consider in the merger review?" Thesis, Stockholms universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-153509.
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