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Journal articles on the topic 'Privacy Commissioner'
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1
Corones, Stephen, and Juliet Davis. "Protecting Consumer Privacy and Data Security: Regulatory Challenges and Potential Future Directions." Federal Law Review 45, no. 1 (2017): 65–95. http://dx.doi.org/10.1177/0067205x1704500104.
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This article considers the regulatory problems of online tracking behaviour, lack of consent to data collection, and the security of data collected with or without consent. Since the mid-1990s the United States Federal Trade Commission has been using its power under the United States consumer protection regime to regulate these problems. The Australian Competition and Consumer Commission (ACCC), on the other hand, has yet to bring civil or criminal proceedings for online privacy or data security breaches, which indicates a reluctance to employ the Australian Consumer Law (‘ACL’) in this field.1 Recent legislative action instead points to a greater application of the specifically targeted laws under the Privacy Act 1988 (Cth) (‘Privacy Act’), and the powers of the Office of the Australian Information Commissioner (OAIC), to protect consumer privacy and data security. This article contends that while specific legislation setting out, and publicly enforcing, businesses’ legal obligations with respect to online privacy and data protection is an appropriate regulatory response, the ACL's broad, general protections and public and/or private enforcement mechanisms also have a role to play in protecting consumer privacy and data security.
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Mathieson, SA. "Commissioner tells CeBit that privacy is RFID concern." Infosecurity Today 3, no. 2 (2006): 8. http://dx.doi.org/10.1016/s1742-6847(06)70376-7.
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Haines, Rodney. "The office and functions of New Zealand's privacy commissioner." Government Information Quarterly 13, no. 3 (1996): 255–74. http://dx.doi.org/10.1016/s0740-624x(96)90055-6.
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Kinder, Petal. "Free, Open, and Re-Usable Access to Legal Information – The Australian Experience." International Journal of Legal Information 45, no. 1 (2017): 45–48. http://dx.doi.org/10.1017/jli.2017.12.
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Several years ago, the Australian Information Commissioner decided that, subject to security and privacy and so forth, all of its public-sector information should be, “free, easily discoverable, machine readable and re-useable.”
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Nicol, Dianne, Meredith Hagger, Nola Ries, and Johnathon Liddicoat. "Time to Get Serious about Privacy Policies: The Special Case of Genetic Privacy." Federal Law Review 42, no. 1 (2014): 1–32. http://dx.doi.org/10.22145/flr.42.1.7.
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Genetic information is widely recognised as being particularly sensitive personal information about an individual and his or her family. This article presents an analysis of the privacy policies of Australian companies that were offering direct-to-consumer genetic testing services in 2012–13. The results of this analysis indicate that many of these companies do not comply with the Privacy Act 1988 (Cth), and will need to significantly reassess their privacy policies now that significant new amendments to the Act have come into force. Whilst the Privacy Commissioner has increased powers under the new amendments, the extent to which these will mitigate the deficiencies of the current regime in relation to privacy practices of direct–to-consumer genetic testing companies remains unclear. Accordingly, it may be argued that a privacy code for the direct-to-consumer genetic testing industry would provide clearer standards. Alternatively it may be time to rethink whether a sui generis approach to protecting genetic information is warranted.
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Aktipis, Michael S., and Ron B. Katwan. "Data Protection Commissioner v. Facebook Ireland Ltd. and Maximillian Schrems (C.J.E.U.)." International Legal Materials 60, no. 1 (2021): 53–98. http://dx.doi.org/10.1017/ilm.2020.62.
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On July 16, 2020, the Court of Justice of the European Union (CJEU) issued its ruling in Data Protection Commissioner v. Facebook Ireland Limited and Maximillian Schrems, commonly known as Schrems II, invalidating the EU–U.S. Privacy Shield as a valid transfer mechanism under the EU's General Data Protection Regulation (GDPR) and creating significant legal uncertainty for the continued availability of another widely used transfer mechanism, Standard Contractual Clauses (SCCs), for transfers of EU personal data from commercial entities in the EU to the United States. The widely anticipated ruling marked the second time in five years that the CJEU had invalidated the legal foundation for such data transfers, which in both cases had been the result of a carefully negotiated compromise balancing European data privacy concerns with statutory and constitutional limitations of the U.S. system (see Schrems I).
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Eggertson, L. "Privacy commissioner wants new criteria for entering health information in police database." Canadian Medical Association Journal 186, no. 2 (2013): E71—E72. http://dx.doi.org/10.1503/cmaj.109-4681.
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Bennett, Colin J. "The privacy commissioner of Canada: Multiple roles, diverse expectations and structural dilemmas." Canadian Public Administration/Administration publique du Canada 46, no. 2 (2003): 218–42. http://dx.doi.org/10.1111/j.1754-7121.2003.tb00913.x.
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Evans, Katrine. "Show Me The Money: Remedies under the Privacy Act." Victoria University of Wellington Law Review 36, no. 3 (2005): 475. http://dx.doi.org/10.26686/vuwlr.v36i3.5606.
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This article examines the remedies available for breaches of the Privacy Act 1993. The author first explores the limited range of options available to the Privacy Commissioner, and highlights the success of the low-level approach to resolving cases which is adopted in practice. The Human Rights Review Tribunal has formal remedial powers, including the award of damages and costs. Although a tariff system is not realistic in privacy cases, the Tribunal has given strong guidance on how questions about remedies, including damages, will be decided. The author is of the view that the Tribunal has no jurisdiction to grant punitive damages but that an amendment to the Act to allow for this would be valuable. Parties to complaints need to be aware that formal remedies are rare and remain measures of last resort.
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Curran, Bruce. "Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401." Alberta Law Review 52, no. 1 (2014): 185. http://dx.doi.org/10.29173/alr20.
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Chander, Anupam. "Is Data Localization a Solution for Schrems II?" Journal of International Economic Law 23, no. 3 (2020): 771–84. http://dx.doi.org/10.1093/jiel/jgaa024.
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ABSTRACT For the second time this decade, the Court of Justice of the European Union has struck a blow against the principal mechanisms for personal data transfer to the USA. In Data Protection Commissioner v Facebook Ireland, Maximillian Schrems, the Court declared the European Union-US Privacy Shield invalid and placed significant hurdles to the process of transferring personal data from the European Union to the USA via the mechanism of Standard Contractual Clauses. Many have begun to suggest data localization as the solution to the problem of data transfer; that is, do not transfer the data at all. I argue that data localization neither solves the problem of foreign surveillance, nor enhances personal privacy, while undermining other values embraced by the European Union.
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Birnbaum, David, Elizabeth Borycki, Bryant Thomas Karras, Elizabeth Denham, and Paulette Lacroix. "Addressing Public Health informatics patient privacy concerns." Clinical Governance: An International Journal 20, no. 2 (2015): 91–100. http://dx.doi.org/10.1108/cgij-05-2015-0013.
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Purpose – The purpose of this paper is to review stakeholder perspectives and provide a framework for improving governance in health data stewardship. Patients may wish to view their own lab results or clinical records, but others (notably academics, journalists and lawyers) tend to want scores of patient records in their search for patterns or trends. Public Health informatics capabilities are growing in scope and speed as clinical information systems, health information exchange networks and other potential database linkages enable more access to healthcare data. This change facilitates novel service improvements, but also raises new personal privacy protection issues. Design/methodology/approach – This paper summarizes a panel session discussion from the 2015 Information Technology and Communication in Health biennial international conference. The perspectives of health service research, journalism, Public Health informatics and privacy protection were represented. Findings – In North America, an expectation of personal privacy exists as a quasi-constitutional right. Individuals should be allowed to control the amount of information shared about them, and in particular the public expects that details of their personal healthcare data are protected. This is supported by laws, regulations and administrative structures; however, there are fundamental differences between the approaches taken in Canada and in the USA. In both countries, population and Public Health has wide powers to collect data and share it appropriately in order to accomplish a social good. A recent report issued by the British Columbia Information and Privacy Commissioner, and a recent story issued by the Bloomberg News service, highlight ways in which laws and regulations have not kept pace with advances in technology. Changes are needed to enable population and Public Health agencies to protect confidential personal information while still being able to comply with legitimate requests for data by researchers, policy makers and the public at large. Originality/value – Similarities and differences in approach, gaps, current issues and recommendations of several countries were revealed in a conference session. Those concepts and the likelihood of ensuing legislative changes directly impact healthcare organizations’ patients and leadership.
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Moosa, Fareed. "Protecting taxpayer information from the public protector – A ‘just cause’?" Journal of Corporate and Commercial Law & Practice, The 6, no. 2 (2020): 190–211. http://dx.doi.org/10.47348/jccl/v6/i2a7.
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Under the Tax Administration Act, 2011 (TAA), taxpayers enjoy a right to privacy of information disclosed to the South African Revenue Service (SARS). This note shows that tax officials are obliged to protect the secrecy thereof. It is argued that the Commissioner for the SARS correctly resisted compliance with a subpoena issued by the Public Protector for access to the records of former President Jacob Zuma. If it acquiesced without objection, shock waves would have reverberated through South Africa’s tax community. It is contended that the Commissioner’s decision to maintain taxpayer secrecy under pain of a potential criminal sanction contributed to restoring some of the lost confidence and respect for the SARS which has, in recent times, endured reputational damage owing to internal squabbles which morphed into public scandals. This note hypothesises that CSARS v Public Protector is good authority for the proposition that governmental departments and state institutions not expressly mentioned in s 70 of the TAA do not have statutory rights of access to taxpayer information and must, to gain access, follow due process. This note argues that the judgment in casu is not only a victory for taxpayer rights but also for the rule of law.
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Stehlík, Václav, and Lusine Vardanyan. "Schrems II: Will It Really Increase the Level of Privacy Protection against Mass Surveillance?" Bratislava Law Review 4, no. 2 (2020): 111–28. http://dx.doi.org/10.46282/blr.2020.4.2.215.
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An important event that once again brought to the forefront issues related to mass surveillance was the judgment of the Court of Justice of the European Union (hereafter referred as CJEU) delivered on July 16, 2020 in the case of Data Protection Commissioner v. Facebook Ireland Ltd. and Maximilian Schrems (Schrems II). It can be considered as the first serious precedent in the field of surveillance, which is aimed at ensuring privacy in the field of national security. Therefore, it becomes an important issue to assess its impact on the legal framework of international transfers of personal data and on the level of privacy protection. The impact of the judgment on the level of privacy protection and mass surveillance is particularly important now that CОVID-19 contact tracing programs are being widely used. In this research we try to trace the formation of the approach to mass surveillance in the case-law of CJEU before and after the Schrems II. We also try to point out some of the difficulties that the process of cross-border data transfer will face after the Schrems II. The main question of the study is whether the approach of the CJEU developed in the Schrems II will actually increase the privacy protection against mass surveillance. We conclude that the Schrems II is an important decision with serious consequences that go beyond the direct impact on data transfer between the EU and the US. It can have controversial influence of the level of privacy protection. Together with the positive trend of formation of more harmonized global data protection standards it can create many unresolved problems in the field of international data transfer and in economic dimension.
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Annette, Lucy. "Health for all through digital collaboration." Impact 2021, no. 6 (2021): 58–59. http://dx.doi.org/10.21820/23987073.2021.6.58.
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2020 was an eventful year, with the Brexit vote and the COVID-19 pandemic. With health professionals focused on the pandemic, treatments for other conditions have fallen from the priority list and many of the effects of the pandemic could be everlasting. The European Commission's Health and Food Safety Commissioner, Stella Kyriakides delivered a keynote speech to the World Health Summit 2020 in which she discussed how best to achieve health for all through digital collaboration. She acknowledged that the impact of the virus has further highlighted the importance of digital solutions and outlined the focus of her intervention which expanded across three key areas: 'how digital solutions enable better health outcomes; what the EU is doing; and what we can do to build global collaboration in this area'. She said that digital solutions are key to making effective use of data as they 'allow better use of health data in research and innovation, enabling stronger and more resilient health and social care systems'. Kyriakides also acknowledged the challenges that digital tools present in the form of privacy and personal data concerns. There are plans to create a common European Health Data Space (EHDS) to 'foster collaboration and to harness data for better healthcare, better research, and better evidence-based policy making for the benefit of patients'. Kyriakides said that digital tools have the potential to benefit countries across the globe and that the 'strategic and innovative use of digital health tools can make an important contribution to essential international objectives'.
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Baldwin, Chris. "Necessary Intrusion or Criminalising the Innocent? An Exploration of Modern Criminal Vetting." Journal of Criminal Law 76, no. 2 (2012): 140–63. http://dx.doi.org/10.1350/jcla.2012.76.2.761.
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This article considers the processes of criminal vetting and outlines the legislative framework allowing such disclosures and subsequent judicial interpretation of that framework. The focus is on disclosure of non-conviction (so-called ‘soft’) materials on ‘enhanced’ certificates and subsequent challenges to those disclosures at judicial review. Key cases are analysed, including R (on the application of X) v Chief Constable of West Midlands Police (2004) and R (on the application of L) (FC) (Appellant) v Commissioner of Police of the Metropolis (Respondent) (2009). The proportionality test in R (L) is noted and its subsequent application in the recent decisions of R (on the application of C) v Chief Constable of Greater Manchester; Secretary of State for the Home Department (2011) and R (on the application of B) v Chief Constable of Derbyshire Constabulary (2011) is scrutinised. The article also highlights interference in Article 8 of the European Convention on Human Rights (right to privacy) and questions whether interference can be justified, and whether the present judicial focus on right of representations in such cases is misplaced.
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Kuner, Christopher. "Reality and Illusion in EU Data Transfer Regulation PostSchrems." German Law Journal 18, no. 4 (2017): 881–918. http://dx.doi.org/10.1017/s2071832200022197.
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The judgment of the Court of Justice of the European Union inSchrems v. Data Protection Commissioner, in which the Court invalidated the EU-US Safe Harbour arrangement, is a landmark in EU data protection law. The judgment affirms the fundamental right to data protection in the context of international data transfers, defines an adequate level of data protection, and illustrates how data protection rights under EU law can apply to data processing in third countries. It also raises questions about the status of other legal bases for international data transfers under EU law, and shows that many legal disputes concerning data transfers are essentially political arguments in disguise. TheSchremsjudgment illustrates the tendency of EU data protection law to focus on legalistic mechanisms to protect data transfers rather than on protection in practice. The EU and the US have since agreed on a replacement for the Safe Harbour (the EU-US Privacy Shield), the validity of which will likely be tested in the Court of Justice. Regulation of data transfers needs to go beyond formalistic measures and legal fictions, in order to move from illusion to reality.
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Moran, Laura, Jonathan Mills, and Sunil Hindocha. "Clinical commissioning groups." InnovAiT: Education and inspiration for general practice 12, no. 6 (2019): 338–42. http://dx.doi.org/10.1177/1755738019835859.
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When the Health and Social Care Act (2012) was passed, it was one of one of the most extensive NHS reforms ever seen in England. It gave rise to Clinical Commissioning Groups, which replaced Primary Care Trusts and larger strategic health authorities in April 2013. Commissioners identify the needs of the local population, set clinical priorities and purchase services on behalf of their community from a provider. Hospital trusts, community health groups, general practices, charities and private healthcare providers can ‘sell' services to the ‘buying' commissioner. This article will outline how services are commissioned in England, and explains how services are decommissioned when no longer required.
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Sukmawati, Dian, and Ade Armando. "Otoritas Komisi Penyiaran Indonesia dalam Pengaturan Isi Siaran." Jurnal Komunikasi Global 8, no. 2 (2019): 151–73. http://dx.doi.org/10.24815/jkg.v8i2.14774.
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Although the Indonesian Broadcasting Commission (KPI) supervised all of the television programs, there are a lot of programs getting a warning because of breaking the rule of P Broadcasting Code of Conduct (P3) and Broadcasting Program Standard (SPS). Focusing on program Pagi-Pagi Pasti Happy, this research investigated the authority of KPI in terms of being a watchdog of television content in Indonesia. This research deployed political economy theory because it has studied not only media analysis in general but also the problems faced by the media industry and who controlled media. To criticize the authority of KPI in maintaining a code of conduct over the broadcasting content, three KPI’s commissioners, two television program representatives, and a media observer were interviewed. Based on interviews, the researcher found that dialogue preferred by KPI in supervising the television content confirmed that the current KPI’s commissioner has compromised with private television stations. KPI is more likely to support the existing television business system nowadays to gain maximum profit for the media investor. The findings suggest that role as KPI’s commissioner has been used to gain more power in the future.
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Tay, A. K., A. Riley, R. Islam, et al. "The culture, mental health and psychosocial wellbeing of Rohingya refugees: a systematic review." Epidemiology and Psychiatric Sciences 28, no. 5 (2019): 489–94. http://dx.doi.org/10.1017/s2045796019000192.
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AbstractAimsDespite the magnitude and protracted nature of the Rohingya refugee situation, there is limited information on the culture, mental health and psychosocial wellbeing of this group. This paper, drawing on a report commissioned by the United Nations High Commissioner for Refugees (UNHCR), aims to provide a comprehensive synthesis of the literature on mental health and psychosocial wellbeing of Rohingya refugees, including an examination of associated cultural factors. The ultimate objective is to assist humanitarian actors and agencies in providing culturally relevant Mental Health and Psychosocial Support (MHPSS) for Rohingya refugees displaced to Bangladesh and other neighbouring countries.MethodsWe conducted a systematic search across multiple sources of information with reference to the contextual, social, economic, cultural, mental health and health-related factors amongst Rohingya refugees living in the Asia-Pacific and other regions. The search covered online databases of diverse disciplines (e.g. medicine, psychology, anthropology), grey literature, as well as unpublished reports from non-profit organisations and United Nations agencies published until 2018.ResultsThe legacy of prolonged exposure to conflict and persecution compounded by protracted conditions of deprivations and displacement is likely to increase the refugees' vulnerability to wide array of mental health problems including posttraumatic stress disorder, anxiety, depression and suicidal ideation. High rates of sexual and gender-based violence, lack of privacy and safe spaces and limited access to integrated psychosocial and mental health support remain issues of concern within the emergency operation in Bangladesh. Another challenge is the limited understanding amongst the MHPSS personnel in Bangladesh and elsewhere of the language, culture and help-seeking behaviour of Rohingya refugees. While the Rohingya language has a considerable vocabulary for emotional and behavioural problems, there is limited correspondence between these Rohingya terms and western concepts of mental disorders. This hampers the provision of culturally sensitive and contextually relevant MHPSS services to these refugees.ConclusionsThe knowledge about the culture, context, migration history, idioms of distress, help-seeking behaviour and traditional healing methods, obtained from diverse sources can be applied in the design and delivery of culturally appropriate interventions. Attention to past exposure to traumatic events and losses need to be paired with attention for ongoing stressors and issues related to worries about the future. It is important to design MHPSS interventions in ways that mobilise the individual and collective strengths of Rohingya refugees and build on their resilience.
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Fantin, S. "Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems: AG Discusses the Validity of Standard Contractual Clauses and Raises Concerns Over Privacy Shield (C-311/18 Schrems II, Opinion of AG Saugmandsgaard Øe)." European Data Protection Law Review 6, no. 2 (2020): 325–31. http://dx.doi.org/10.21552/edpl/2020/2/21.
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Hommelhoff, Peter. "The European Private Company Before its Pending Legislative Birth." German Law Journal 9, no. 6 (2008): 799–818. http://dx.doi.org/10.1017/s2071832200000122.
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In the summer of 2008, the EU Commission will present the draft regulation for a European private company. The Commission indicates by this announcement of the internal market commissioner, after prolonged hesitation that it wishes to comply with the urgent and detailed request of the European Parliament (EP) and to initiate the legislative process. Apparently, the arguments directed at the small and medium sized enterprises (SME) and their specific interests have now, after the EU parliamentarians, also convinced the Commission. In fact, the significance of this group of enterprises in the economy of the Community cannot be overestimated. The Commission therefore acts with appropriate responsibility in not confining itself to taking up the draft regulation prepared ten years ago by business practitioners and academic lawyers (CCIP/CNPF working group) but being prepared (as can be seen in the Consultation Paper of the General Directorate Internal Market of July 2007) to develop its own statute for a European private company. This paper is intended, mainly on the basis of that Consultation Paper but also on the basis of the EP resolution, to introduce the main issues and central regulatory elements of the new legal form of community law.
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V. V., Novitskyi. "Political and legal mechanisms for the protection of human rights through the lens of the European Union countries." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (2020): 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.
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The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.
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Chatov, Robert. "WILLIAM O. DOUGLAS ON THE TRANSFER OF THE SECURITIES AND EXCHANGE COMMISSION'S AUTHORITY FOR THE DEVELOPMENT OF RULES FOR FINANCIAL REPORTING." Accounting Historians Journal 13, no. 2 (1986): 125–29. http://dx.doi.org/10.2308/0148-4184.13.2.125.
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As an SEC Commissioner, William O. Douglas favored active SEC participation in the development of rules of accounting for financial reporting under the Securities Acts. A retrospective letter dated September 29, 1973 indicates that the pre-War SEC Commission did not contemplate the virtually complete transfer to the private sector of the authority for development of corporate financial reporting that characterizes the position of today's SEC.
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Ling, Cheah Wui. "Policing Interpol: The Commission for the Control of Interpol's Files and the Right to a Remedy." International Organizations Law Review 7, no. 2 (2010): 375–404. http://dx.doi.org/10.1163/157237410x543314.
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AbstractThe impact of Interpol's work on the lives of private individuals has come under increased human rights criticism and scrutiny of late. In response, Interpol has strengthened the position of the Commission for the Control of Interpol's Files as an independent, remedial body. The Commission has been charged with the task of ensuring that Interpol meets its human rights obligations, particularly the right to an adequate and effective remedy. This article charts the Commission's historical evolution and critically situates it within Interpol's institutional landscape, with a view to assessing the scope and limits of the Commission's powers. While its status as an independent, remedial body has indeed been strengthened, a holistic appraisal of the Commission's powers against rapidly crystallizing standards of IO accountability highlights a number of shortcomings and the need for further steps to be taken.
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Fox, Jeffrey L. "Commission calls for genomic privacy." Nature Biotechnology 30, no. 11 (2012): 1017. http://dx.doi.org/10.1038/nbt1112-1017b.
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Luchka, Ludmila M. "The Library Аctivity of Katerinoslav Scientific Archival Commission". Universum Historiae et Archeologiae 1, № 1-2 (2019): 123. http://dx.doi.org/10.15421/2611814.
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At the end of the 19th century archival commissions as historical societies began to work in the provinces of the Imperial state. The application about opening of Katerinoslav province scientific commission was prepared in 1902. It was signed by famous elective district council members, public figures, cultural and educational leaders. The society of historians, archivists, ethnographers, archeologists and specialists in regional studies worked in Katerinoslav in 1903?1916. The author shows history and activity of the library of a local society as a province centre of local lore history. The printed editions of the society called “Chronocles” (volumes I?X) which contain proceedings of the commission meetings were the main source of research. The library collected works on history, archeology, ethnography and historical geography of Katerinoslav province. From the beginning of the library foundation it played an important part in the development of the society. The members of the society paid great attention to forming of book collections on regional history. From the first years of its activity the commission constantly supported book exchange with other institutions and organizations which favoured the spreading of knowledge and exchanging of experience. The sources contain information about people who gladly gave necessary and useful literature to the commission. Professors, teachers of local educational institutions, museum workers, cultural and educational leaders of Ukraine were among the members of the commission. In 1910 the commission totaled 11 honoured and 54 full members. Local activists paid special attention to keeping of church archive. In particular, D. I. Yavornitsky defended the thought about studying of archival documents as written evidence on the history of Ukrainian people. The library collection according to its content, subject, and chronology is considered in the article; authors groups are analyzed. Donations from different organizations and private persons were a valuable source of supplement of the commission’s book stock. The members of the commission had the opportunity to work with scientific editions of Kharkiv, Lviv and Odessa universities. The article reveals the role of A. S. Sinyavsky, V. O. Bidnov and I. Y. Akinfiev in the process of formation of readers’ tastes, scientific interest and professional level of Katerinoslav inhabitants at the beginning of the 20th century. Library activists maintained an active position in the activity of the society. For the period of existence 6 surnames of persons who took an active part in the commission’s librarianship are known.
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Mitchell, Catherine. "Privity reform and the nature of contractual obligations." Legal Studies 19, no. 2 (1999): 229–44. http://dx.doi.org/10.1111/j.1748-121x.1999.tb00093.x.
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This paper examines the justificatory arguments that the UK Law Commission advances in support of privity reform (Law Com no 242) (1996). The Commission believes that its proposed reforms will not cut across the ‘underpinning principles’ of the common law. This is borne out by the Commission's primary justificatory argument - that the privity rule undermines the intentions of the contracting parties - and by its proposal that consideration remain as the test of enforceability of contracts. But given the substantive change to privity that is proposed, and the prospect of the crystallisation of the third party right, it is argued that the Commission in fact favours the more modern reliance-based account of contractual obligation. The effect of this is to create an independent third party right to sue for the performance of the promise, ie a right that does not arise out of the contractual relationship between the parties, but from the third party's own reliance on the promise. This may have implications for enforcement of promises by gratuitous promisees.
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De Bazelaire De Ruppierre, Marta. "Prawo do prywatności osób prawnych podczas kontroli przedsiębiorstwa dokonywanej przez Komisję Europejską." Przegląd Prawa i Administracji 107 (April 4, 2017): 11–25. http://dx.doi.org/10.19195/0137-1134.107.1.
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THE RIGHT TO PRIVACY OF LEGAL PERSONS DURING THE EUROPEAN COMMISSION’S INSPECTIONSThe paper aims to discuss the application of the Charter of Fundamental Rights by the EU institutions in competition law proceedings, showing as an example the respect for the right to privacy of undertakings during the inspections carried out by the European Commission. Although exercising the control powers of the Commission potentially collides with a number of fundamental rights expressed in the Charter, it is the analysis of Art. 7 CFR that allows to depict the evolution of the EU’s approach to privacy of legal persons, showing the accompanying judicial dialogue, or lack thereof, between the European Court of Human Rights and the Court of Justice of the EU. The article short-defines the dawn raids, examines the application of Article 7 CFR to legal persons, highlighting the aspects of protection of domicile and secrecy of correspondence, compares the standards provided by ECHR and EU law, pondering also on how the CFR guarantees can be provided and effectively controlled. It also reflects on the issue whether the Court of Justice has a forerunner role in promoting fundamental rights of undertakings in matters of competition law.
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Hartshorne, John. "The need for an intrusion upon seclusion privacy tort within English law." Common Law World Review 46, no. 4 (2017): 287–305. http://dx.doi.org/10.1177/1473779517739798.
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In the United States, New Zealand and the Canadian province of Ontario, recognition has been afforded to privacy torts remedying intrusions upon seclusion or solitude, and the creation of such a tort has also been recommended by the Australian Law Reform Commission. In England and Wales, recognition has so far only been afforded to a privacy tort remedying misuse of private information. This article considers the current prospects for the recognition of an intrusion upon seclusion tort within English law. It will be suggested that there is less necessity for such recognition following the apparent recent confirmation by the decisions in Gulati v MGN and Vidal-Hall v Google that misuse of private information claims may still be brought where there is no ensuing publication of wrongly acquired private information. Given that intrusions commonly result in the acquisition of private information, it will be suggested that many of the privacy interests protected by the intrusion torts in other jurisdictions may now therefore be protected in English law through a claim for misuse of private information.
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Chadborn, Neil, Chris Craig, Gina Sands, Justine Schneider, and John Gladman. "Improving community support for older people’s needs through commissioning third sector services: a qualitative study." Journal of Health Services Research & Policy 24, no. 2 (2019): 116–23. http://dx.doi.org/10.1177/1355819619829774.
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Aim This exploratory study of commissioning third sector services for older people aimed to explore whether service data was fed back to commissioners and whether this could improve intelligence about the population and hence inform future commissioning decisions. Background Third sector services are provided through charities and non-profit community organizations, and over recent years services have developed that assess and advise people for self-management or provide wellbeing support in the community. Third sector services have an opportunity to reach vulnerable populations and to provide intelligence about them. Some third sector services are state funded (commissioned) in the United Kingdom. While evidence is available about the commissioning of statutory health and social care, as well as private providers, there is limited evidence about how third sector health services are funded. Methods Participants were recruited from commissioner organizations and third sector organizations, both with an interest in supporting the independence, self-management and wellbeing of older people. Organizations were recruited from five purposively selected sites within one region of England (East Midlands). Semi-structured interviews explored the relationships between commissioners and providers and the nature of funding arrangements, including co-production. Interviews also explored collection of data within the service and how data were fed back to commissioners. Focus groups were held with older people with the potential to benefit from wellbeing services. Results Commissioning arrangements were varied, sometimes complex, and often involved co-production with the third sector. Commissioners valued third sector organizations for their engagement with the local community, value for money, outreach services and ability to provide information about the community. Assessing the needs and outcomes of individuals was integral to delivery of support and advice to older people. Diverse approaches were used to assess an individual’s needs and outcomes, although there were concerns that some assessment questionnaires may be too complex for this vulnerable group. Assessment and outcomes data were also used to monitor the service contract and there was potential for the data to be summarized to inform commissioning strategies, but commissioners did not report using assessment data in this way, in practice. While the policy context encouraged partnerships with third sector organizations and their involvement in decision making, the relationship with third sector organizations was not valued within contract arrangements, and may have been made more difficult by the tendering process and the lack of analysis of service data. Conclusion This exploratory study has demonstrated a diversity of commissioning arrangements for third sector services across one region of England. Most commissioners invited co-production; that is, the commissioners sought input from the third sector while specifying details of the service. Service data, including assessments of needs and outcomes, were reported to commissioners, however commissioners did not appear to use this to full advantage to inform future commissioning decisions. This may indicate a need to improve measurement of needs and outcomes in order to improve the credibility of the commissioning process.
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Daniel, Jason. "SEC targets broker-dealer implications of transaction-based deal fees." Journal of Investment Compliance 17, no. 4 (2016): 75–76. http://dx.doi.org/10.1108/joic-09-2016-0041.
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Purpose To explain a US Securities and Exchange Commission (SEC) enforcement action against a registered investment adviser to private equity funds for allegedly providing brokerage services in connection with the acquisition and disposition of the securities of portfolio companies while not being registered as a broker dealer, making undisclosed use of fund assets, and failing to adopt policies and procedures designed to prevent the alleged violations. Design/methodology/approach Describes the services provided by the investment adviser, the compensation paid, and the SEC’s other bases for enforcement, and draws conclusions for private equity fund advisers. Findings The SEC has begun pursuing transaction-based compensation paid to private equity fund advisers relating to portfolio company transactions as illegal brokerage commissions. The Commission also continues to target the adviser’s undisclosed use of client fund capital, especially in private equity funds. Originality/value Practical explanation by experienced investment management lawyer.
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Culnan, Mary J. "Protecting Privacy Online: Is Self-Regulation Working?" Journal of Public Policy & Marketing 19, no. 1 (2000): 20–26. http://dx.doi.org/10.1509/jppm.19.1.20.16944.
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The author assesses the extent to which 361 consumer-oriented commercial Web sites post disclosures that describe their information practices and whether these disclosures reflect fair information practices. Although approximately 67% of the sites sampled post a privacy disclosure, only 14% of these disclosures constitute a comprehensive privacy policy. The study was initiated by the private sector as a progress report to the Federal Trade Commission (FTC) and is one in a series of efforts designed to assess whether consumer privacy can be protected through industry self-regulation or whether legislation is required. Although the FTC does not recommend legislation at this time, the study suggests that an effective self-regulatory regime for consumer privacy online has yet to emerge.
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Hooper, Bruce. "River basin organization performance indicators: application to the Delaware River basin commission." Water Policy 12, no. 4 (2010): 461–78. http://dx.doi.org/10.2166/wp.2010.111.
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This paper reports the development of performance indicators of a river basin management organization's ability to undertake integrated water resources management, and applies them to a US basin organization: a river basin commission. Integrated water resources management (IWRM) and integrated river basin management (IRBM) are defined, in the context of international and US advances in IWRM and IRBM. A suite of good governance factors was assembled from the reviews of consultants' practical experiences in river basin management, peer-reviewed literature, government reports and policy statements, and reports of river basin management practice. A list of impediments to the implementation of IRBM was also assembled. These sources were used as the data set to develop 115 indicators of best practice in IRBM; these indicators were grouped into ten categories: coordinated decision-making, responsive decision-making, goals and goal shift, financial sustainability, organizational design, role of law, training and capacity building, information and research, accountability and monitoring, private and public sector roles. This paper reports the results of a facilitated workshop with the Delaware River Basin Commission's staff and stakeholders to apply the indicators to their setting. The outcome of the workshop was a self-assessment tool for performance evaluation, involving triaging the basin organization situation, checking performance against 20 performance benchmarks and using 63 performance indicators for basin commission settings. The paper concludes with a discussion of the issues surrounding the application of the performance indicators to other US basins and commissions.
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Harrier, Kirk R., and Dennis A. Randolph. "Factors Associated with Privatization of Winter Maintenance Functions at Local Government Level." Transportation Research Record: Journal of the Transportation Research Board 1585, no. 1 (1997): 39–47. http://dx.doi.org/10.3141/1585-06.
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With the increasing cost of and dissatisfaction with services provided by government agencies, a new notion has appeared that gives hope to some and instills fear in others. Many believe that privatizing government services is the answer to the ills associated with today’s government-provided services. County road commissions in the state of Michigan are one of the many government entities examining privatization. High cost and poor service are concerns that have thrust road commission operations under the privatization spotlight. Snow and ice removal from roads is one operation currently under scrutiny. To come to conclusions about privatization and the winter maintenance services that road commissions perform, one must fully understand the road commission concept and how it functions within the state of Michigan as well as the idea of privatization. The nonquantitative factors that affect privatization at the local government level are described. Two road commissions in the state of Michigan and their winter maintenance operations are examined so that judgments can be made about the value of private delivery.
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Souto-Otero, Manuel. "Private companies and policy-making: Ideological repertoires and concealed geographies in the evaluation of European education policies." European Educational Research Journal 18, no. 1 (2018): 34–53. http://dx.doi.org/10.1177/1474904118804745.
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This article explores the relationship between education, training and the single market, focusing on the market for the production of policy evaluations in the areas of education and training, culture and youth of the European Commission. Two questions are addressed: the first question relates to the geographical distribution of the organisations that deliver policy evaluation services to the European Commission (‘Commission’) in those areas; and the second relates to the nature of the ideas for policy development put forward in the evaluations examined. Based on information gathered from 23 evaluations carried out between 2012 and 2016 (in particular, the circa 300 recommendations they included), the analysis reveals that although the Commission relied on competitive processes for the award of those evaluations, competition was somewhat restricted: there is a marked dominance of a limited number of countries as the powerhouses for the Commission’s education policy evaluation. In relation to the second question, and by contrast to other policy spaces, the analysis provided little evidence of unfettered penetration of private sector ‘ideological repertoires’, lexicons and sensitivities into the European policy evaluation space.
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Mo, Jojo YC. "In search of a privacy action against breaches of physical privacy in Hong Kong." Common Law World Review 47, no. 4 (2018): 225–47. http://dx.doi.org/10.1177/1473779518802571.
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The focus of privacy laws in Hong Kong has always been on the use and dissemination of personal or confidential information, but a person’s privacy can also be intruded by unwanted watching or listening irrespective of whether information is collected or used. Despite an attempt to introduce two privacy torts by the Law Reform Commission of Hong Kong in 2004, there is no timetable as to when these two statutory torts be introduced. Recognition has been afforded for intrusions upon seclusion or solitude in a number of jurisdictions including New Zealand and the Canadian province of Ontario. In England, an intrusion tort has not been separately recognized, but the decision in Gulati v MGN confirmed that damages may still be awarded for an action for misuse of private information in instances where there is no disclosure or publication of the wrongfully acquired information. This article looks at the possibility of developing a common law action of privacy in Hong Kong which affords protection regardless of whether private information is acquired or published by drawing insights to the developments in New Zealand and England.
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Hoofnagle, Chris Jay. "Assessing the Federal Trade Commission's Privacy Assessments." IEEE Security & Privacy 14, no. 2 (2016): 58–64. http://dx.doi.org/10.1109/msp.2016.25.
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Hutchinson, Congressman Asa. "Letʼs Establish a National Commission on Privacy". Oncology Times 23, № 1 (2001): 2. http://dx.doi.org/10.1097/01.cot.0000313708.85975.38.
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Petkova, Bilyana. "Federal Trade Commission Privacy Law and Policy." International Journal of Constitutional Law 14, no. 3 (2016): 781–83. http://dx.doi.org/10.1093/icon/mow053.
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Cengiz, Firat. "ANTITRUST DAMAGES ACTIONS: LESSONS FROM AMERICAN INDIRECT PURCHASERS' LITIGATION." International and Comparative Law Quarterly 59, no. 1 (2010): 39–63. http://dx.doi.org/10.1017/s0020589309990030.
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AbstractThis article aims to draw policy lessons from the American indirect purchasers' litigation experience for the design of the European private antitrust regime in the light of the European Commission's White Paper on damages actions. The article shows that in multi-level polities procedural aspects of antitrust litigation and judicial cooperation are as crucial as the substantive standards for the success of private enforcement regimes. From this perspective the article criticizes the White Paper for the lack of procedural assessment and urges the Commission to give due consideration to procedural standards and mechanisms of judicial cooperation before taking any legislative action.
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Barinov, S. V. "TYPICAL MECHANISMS OF CRIMINAL VIOLATIONS OF PRIVACY." Bulletin of Udmurt University. Series Economics and Law 29, no. 5 (2019): 638–43. http://dx.doi.org/10.35634/2412-9593-2019-29-5-638-643.
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Typical mechanisms of criminal violations of privacy are considered on the basis of the following elements: the necessary conditions that create the possibility of using the selected mechanism of crime by criminals; actions aimed at preparing for the commission of a crime; actions aimed at the direct commission of a crime and actions aimed at concealing the fact or traces of the crime. It is concluded that the description of typical models of crime mechanisms is a source of criminally significant information on the basis of which it is possible to build a version of the circumstances of the committed criminal violations of privacy and the persons involved in their commission.
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Gale, Philip, and Elizabeth Lomas. "THE HISTORICAL MANUSCRIPTS COMMISSION: AN ARCHIVAL EVOLUTION." Archives: The Journal of the British Records Association 55, no. 2 (2020): 15–31. http://dx.doi.org/10.3828/archives.2020.10.
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The creation of the Royal Historical Manuscripts Commission formed part of a wider movement of institutional renewal and reform in mid-Victorian Britain, including growing professionalisation of both public administration and the academic study of history, particularly from the 1850s. Two features of the commission’s work continued to influence its development and The National Archives’ engagement with the archives sector today: first, the need to respect the legitimate rights and interests of both individuals and organisations, and second, the relationships by necessity based on collaboration with many partners. This has led to the evolution of a distinctive British mixed economy embracing public and private archives. This article considers the Commission’s evolution from surveying and publishing reports on the contents and locations of private collections to becoming the central advisory body on all issues related to archives and manuscripts not covered by the 1958 Public Records Act. The social and technological changes over this time have had a profound influence on the commission’s professional practices. In addition, the range and rights of stakeholders have evolved, presenting new challenges. Meeting all the demands and possibilities of the commission’s delivery needs to be seen in the context of frequently operating with significant resource constraints.
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Zaimis, Nikolaos. "Commentary: A European Commission Perspective on Manufactures Liberalization." Global Economy Journal 5, no. 4 (2005): 1850056. http://dx.doi.org/10.2202/1524-5861.1143.
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A commentary on Alan V. Deardorff and Robert M. Stern, “Issues of Manufactures Liberalization and Administered Protection.” Nikolaos Zaimis heads the Trade Section of the European Commission Delegation in Washington and follows closely developments in EU-US relations. He previously held the position of Deputy Head of the WTO Dispute Settlement and Trade Barriers Unit at the European Commission’s Directorate-General for Trade. Before joining the European Commission, he worked for a number of years in private legal practice focusing on EC and international trade issues. He joined the Commission (DG Trade) in 1995 and initially worked in the area of anti-subsidy policy. He then became Head of the Section dealing with the investigation of trade barriers in third countries. Zaimis studied law in Greece and the UK and is a Member of the Athens Bar.
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Raab, Charles D. "Networks for Regulation: Privacy Commissioners in a Changing World." Journal of Comparative Policy Analysis: Research and Practice 13, no. 2 (2011): 195–213. http://dx.doi.org/10.1080/13876988.2011.555999.
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Toy, Alan, and David C. Hay. "Privacy Auditing Standards." AUDITING: A Journal of Practice & Theory 34, no. 3 (2014): 181–99. http://dx.doi.org/10.2308/ajpt-50932.
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SUMMARY Privacy audits are an area of auditing practice that are becoming increasingly relevant to audit firms as well as to regulators such as privacy commissioners. Privacy audit reports can be a resource for consumers and groups representing them. However, there is limited consistency between the standards applied in privacy audits when compared across different auditors and across different jurisdictions. Inconsistency of standards reduces international comparability of privacy audits, thereby lowering their potential value to the entities subject to audit, and to users of the reports. We suggest a set of fundamental principles for privacy audits drawn from recent proposals for legislative and/or policy reform by leading official bodies in the U.S. and the European Union. We apply this framework to 30 privacy audit reports issued in five countries. The results show that few conform to the proposed fundamental principles. This inconsistency limits their value and effectiveness.
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Bose, Utpal. "Analyzing the Ethical Dilemma between Protecting Consumer Privacy and Marketing Customer Data." International Journal of Dependable and Trustworthy Information Systems 2, no. 3 (2011): 55–68. http://dx.doi.org/10.4018/jdtis.2011070104.
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Rapid transformation in marketing information technologies has enabled corporations to build ample consumer databases and analyze those using sophisticated data-mining techniques to obtain extensive knowledge about those consumers’ personal life styles and private matters. Considering that the United States Federal Trade Commission (FTC) has relied on fair information principles to guide privacy regulation and left it relatively unregulated, the burden of practicing consumer privacy lies mostly on the marketers who have to follow ethical behavior and maintain consumer privacy. In this paper the authors analyze the ethical nature of corporate decision making on matters of selling consumer data using the normative theories of business ethics and suggests approaches that balance the corporate goals of raising financial gains with the obligations they have to their stakeholders – mainly their customers. The authors also discuss the challenges faced in carrying out the analysis.
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Safford, Jeffrey J. "The Pacific Coast Maritime Strike of 1936: Another View." Pacific Historical Review 77, no. 4 (2008): 585–615. http://dx.doi.org/10.1525/phr.2008.77.4.585.
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The Pacific Coast maritime strike of 1936 lasted ninety-nine days and cost the maritime and related industries almost $$700 million. For seventy years scholars have placed primary blame on the shipowners and waterfront operators, who are seen as preferring to tie up their ships rather than grant union demands. The records of the U.S. Maritime Commission (1936––1950) reveal a different story about the conflict. From the Maritime Commission's perspective, the maritime and longshore unions were at fault for refusing to grasp opportunities offered them by management. The article also includes hitherto unrecorded involvement on the part of Frances Perkins and the Department of Labor, as well as key reminiscences and documents from the private papers of one of the commission's primary actors in government efforts to prevent the strike through mediation and arbitration.
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Guzik-Makaruk, Ewa M., and Piotr Fiedorczyk. "The Achievements of the Codification Commission of the Second Republic of Poland — a Century After Regaining the Independence." Internal Security Special Issue (January 14, 2019): 15–27. http://dx.doi.org/10.5604/01.3001.0012.8398.
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Reborn in 1918, the Polish state inherited from the partition countries: Russia, Prussia and Austria their legal systems. The task of unifying the codification of the law was entrusted to the Codification Commission, established on the basis of the Act of 1919. The Commission was to prepare draft legislation in the field of civil and criminal law. It was a body of 44 lawyers and had a high degree of independence from political factors. As a result of the Commission’s work, more than 20 legal acts were created. In the area of civil law, these were laws mainly related to foreign legal transactions. These included, among others, bills of exchange and cheque law, copyright law, patent law, law on combating unfair competition. The two laws of 1926 were of particular importance: private international law and inter-district law. Three codes of private law were also created: the Code of Obligations (1933, considered the most outstanding civil work of the Commission), the Commercial Code and the Code of Civil Procedure. In the area of criminal law, a full codification was carried out, first by implementing the Code of Criminal Procedure (1928) and then the Criminal Code (1932). These two acts were based on different doctrinal bases, which made criminal law inconsistent. The Criminal Code of Juliusz Makarewicz in particular was an outstanding work, based on the findings of the School of Sociological Criminal Law. The Codification Commission did not finish its work until the outbreak of the war. However, present codes are largely based on the solutions developed within the Commission.
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Davies, Simon. "The Fifteenth Annual Conference of Privacy and Data Protection Commissioners." Computer Law & Security Review 10, no. 1 (1994): 36–37. http://dx.doi.org/10.1016/0267-3649(94)90089-2.
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