The General Data Protection Regulation and the rise of certification as a regulatory instrument

The endorsement of certification in Article 42 and 43 of the General Data Protection Regulation (hereinafter GDPR) extends the scope of this procedure to the enforcement of fundamental rights. The GDPR also leverages the high flexibility of this procedure to make of certification something else than a voluntary process attesting the conformity with technical standards. This paper argues that the GDPR turned certification into a new regulatory instrument in data protection, I suggest to call it monitored self-regulation, seeking to fill the gap between self-regulation and traditional regulation in order to build a regulation continuum.     

Significance and testimonial value of hemo-genetic legal identification with special reference to DNA analysis

175 hemogenetic expertises on the identity of ostensibly jumbled blood samples were analysed. In 4.5% of the cases a genetically qualified non-identity was found, although an erronous mixing-up of samples could be excluded. A major problem may arise when the expert witness has to find out whether a non-identity is due to either genetic or to artificial reasons. A battery of conventional blood group systems as well as highly informative DNA polymorphisms is a powerful tool in discriminating between both reasons and enables the expert to reach a decision.     

The new German Data Protection Act and its compatibility with the European Data Protection Directive

A substitution of the right to maintain mailing lists for marketing purposes (the so-called list privilege) by a strict opt-in requirement as proposed by the German Government for the amendment of the German Data Protection Act does not conform with European law. Making the use of relatively innocuous data like name and address for marketing purposes subject to the data subject's declaration of consent infringes upon the requirements of the European Data Protection Directive. The Directive allows for the use of personal data either on the basis of a data subject's declaration of consent or after a balancing of legally protected interests. Reducing this two-track model to a one-track model (based on the data subject's declaration of consent only) does not do justice to the idea of balancing of interests or free movement of goods and services which are a mandatory part of European law. The draft bill interferes drastically with the free movement of goods and services. A tightening of the opt-in requirements would be a severe burden for the German economy because it is impossible for businesses to distribute their goods and services without the help of marketing measures. The economic cycle would be hit at its weakest point, i.e. the link between businesses and consumers which is gaining more and more importance especially with a view to cross-border competition.     

Patient follow-up: the scope of the duty, the impact of tort law reform and practical suggestions to comply with legal requirements

The exercise of reasonable care and skill by a medical practitioner may give rise to an obligation to follow up a patient after a consultation or procedure. That obligation cannot always be discharged by passing the burden onto the patient, for instance, by advising the patient to return for a further consultation. The few cases that have addressed the issue in Australia have clearly placed a heavier burden on the medical profession to implement effective follow-up procedures. This article addresses the scope of the duty and makes practical recommendations to assist the medical profession in addressing its legal responsibilities.     

Immigration and Naturalization Service--documentary requirements: derivative third and sixth preference and nonpreference immigrants; reference to form 1-551. Final rule

This rule limits the exclusion provision contained in section 212(a)(32) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(32) to aliens who are coming to the United States principally to perform services as members of the medical profession and not to their derivative beneficiaries.     

关于贯彻《刑法修正案（八）》推进社区矫正工作的思考和建议

2011年2月25日，第十一届全国人民代表大会常务委员会第十九次会议通过了《中华人民共和国刑法修正案（八）》，明确规定对管制、缓刑和假释的罪犯依法实行社区矫正。社区矫正制度首次在我国刑事基本法中得以确立，     

Substance Abuse and Mental Health Services Administration; requirements applicable to protection and advocacy of individuals with mental illness; final rule--Center for Mental Health Services, SAMHSA. Final rule

On December 14, 1994, the Department of Health and Human Services (Department or HHS) published a Notice of Proposed Rulemaking to comply with the requirements of section 116 of the Protection and Advocacy for Mentally III Individuals Act of 1986 (Act) (42 U.S.C. 10801 et seq.) which required that the Secretary promulgate regulations for the implementation of authorized activities of Protection and Advocacy (P&A) Systems to protect and advocate the rights of individuals with mental illness. The Department is issuing this final rule to implement Titles I and III of the Act. These regulations will govern activities carried out by the P&A systems under the Act. The rule includes: definitions: basic requirements regarding determination of, eligibility for and use of allotments, grant administration, eligibility for protection and advocacy services, annual and financial status reports, and remedial actions; and requirements regarding program administration, priorities, the conduct of P&A activities, access of the P&As to residents, facilities and records and confidentiality. DATES: Effective Date: This regulation is effective November 14, 1997 except for the information collection requirements in sections 51.8, 51.10, 51.23 and 51.25. These sections will become effective upon approval under the Paperwork Reduction Act. A notice of approval will appear in the Federal Register.     

Medical loss ratio requirements under the Patient Protection and Affordable Care Act. Final rule with comment period

This final rule with comment period revises the regulations implementing medical loss ratio (MLR) requirements for health insurance issuers under the Public Health Service Act in order to address the treatment of "mini-med" and expatriate policies under these regulations for years after 2011; modify the way the regulations treat ICD-10 conversion costs; change the rules on deducting community benefit expenditures; and revise the rules governing the distribution of rebates by issuers in group markets.     

刑罚轻缓、人权保障与《刑法修正案(八)》——以相关国际公约为蓝本的分析

对照《公民权利与政治权利公约》分析,《刑法修正案(八)》在死刑改革方面的进步值得肯定,但与公约要求的、逐步限制死刑适用以最终废除死刑的目标仍有距离;参照《北京规则》、《美洲人权公约》等分析,新修正案对未成年人、老年人犯罪适用刑罚增加了从宽处理的规定,实现了对弱者的人权保障,但该修正案在建立未成年人及成年人前科消灭制度等方面仍有不足;比照《东京规则》等国际公约分析,其以社区矫正入刑化为代表的非监禁刑之完善,体现了我国对国际公约相关要求的积极回应。     

The Principle of Proportionality: Summary and Consensus in the 6th International Conference on Human Rights Protection Under Pandemic Prevention and Control,Beijing (China) 2020

Against the backdrop of the COVID-19 pandemic and China’s regularized pandemic prevention and control, leading legal scholars from China, North America, and Eurasia participated in The 6th International Conference on Human Rights Protection under Pandemic Prevention and Control. Participants engaged in fruitful discussions on the normative necessity and practical relevance of the principle of proportionality in justifying their current governments’ anti-pandemic measures. Focusing on pandemic-related human rights conditions and rule of law challenges in global contexts, this article summarizes the participating scholars’ speeches through the integrated lens of human rights and the jurisprudence of health law in the COVID-19 containment phase. Speeches can be divided into six topical dimensions, involving normative utility, governance logic, reasonable limits, constitutional criteria, viable approaches, and post-pandemic challenges with respect to the principle of proportionality. To provide a more policy-relevant and theoretically sound framework for a community of common health for mankind, this article succinctly concludes with a series of overlapping consensus on the application of the principle of proportionality in the fight against the pandemic. This consensus, tentatively named the “Renmin Human Rights Consensus,” builds on five interrelated elements and generates five human rights assertions and a series of specific principles of health law.     

努力建设一支坚持信念精通法律维护正义恪守诚信的高素质律师队伍

今年1月,胡锦涛总书记、吴邦国委员长、温家宝总理、罗干同志和周永康同志在《司法部关于进一步加强律师队伍建设的报告》上作了重要批示。 胡锦涛总书记等中央领导同志的重要批示站在历史和全局的高度,充分肯定了律师队伍的本质和主流是好的,高度评价了律师队伍为促进经济建设和民主法制建设做出的积极贡献;强调了加强律师队伍建设在实践“三个代表”重要思想、维护司法公正、促进依法治国进程中的重要性;明确了新时期党和国家对律师工作和律师队伍建设的总要求,指出了当前加强律师队伍建设的着眼点、着力点和重要措施。批     

论支配利益的多样性与物权法定主义之协调--以罗马法役权制度为角度

在罗马法上,当役权从所有权中分离出来,而具有了他物权的性质的时候,物权法定主义便随之确立.由此,物之支配利益的多样性与物权法定主义之间的矛盾就产生了.为了协调社会需求与法律需要之问的矛盾,罗马法向我们展现了诸如详尽细化、适度抽象等一系列物权法定主义的役权法律技术.这些法律技术促成了罗马法役权基础上用益物权体系的建立,为近代大陆法系民法所借鉴,并对我国物权立法具有启迪意义.     

Analysis of 1989-1999 homicide crimes in the catchment area of the Bonn Institute of Forensic Medicine with reference to selected aspects

195 cases of homicide, grouped according to juridical assessment, were retrospectively analysed with regard to individual characteristics of perpetrators and victims, circumstances, and mode of commitment. The involvement of underage victims and perpetrators as well as differences between the urban and rural areas studied were taken into special consideration. To summarise, the majority of the offences studied was carried out by a male perpetrator with a mean age of 35 years driven by personal motives or greed in his immediate vicinity and affected family members or close acquaintances. The fatal injuries were mainly attributable to sharp or blunt force. With regard to killings of children, a higher prevalence of female victims and male assailants, emotional motives and an even higher importance of the social vicinity were found. Particularly in victims younger 12 years of age, manual modes of commitment without application of any tools were predominantly encountered. The comparison of urban and rural areas revealed a higher homicide rate in municipal areas especially of offences with a loose relationship between victims and assailants (greed, sexual assault). In contrast, rural areas exhibited higher rates of bodily harm with fatal consequences as well as offences by highly intoxicated assailants.     

Supplemental standards of ethical conduct and financial disclosure requirements for employees of the Department of Health and Human Services. Interim final rule with request for comments

The Department of Health and Human Services, with the concurrence of the Office of Government Ethics (OGE), is amending the HHS regulation that supplements the OGE Standards of Ethical Conduct. This interim final rule specifies additional procedural and substantive requirements that are necessary to address ethical issues at the National Institutes of Health (NIH) and updates nomenclature, definitions, and procedures applicable to other components of the Department. The rule: Revises the definition of a significantly regulated organization for the Food and Drug Administration (FDA); Updates the organization titles of designated separate agencies; Amends the gift exception for native artwork and craft items received from Indian tribes or Alaska Native organizations; Aligns the FDA prohibited holdings limit with the de minimis holdings exemption in OGE regulations; Revises prior approval procedures for outside activities; and, subject to certain exceptions: Prohibits NIH employees from engaging in certain outside activities with supported research institutions, health care providers or insurers, health-related trade or professional associations, and biotechnology, pharmaceutical, medical device, and other companies substantially affected by the programs, policies, or operations of the NIH; Bars NIH employees who file a public or confidential financial disclosure report from holding financial interests in substantially affected organizations; Subjects NIH non-filer employees to a monetary cap on holdings in such organizations; Specifies for NIH employees prior approval procedures for and limitations on the receipt of certain awards from outside sources; and Imposes a one-year disqualification period during which NIH employees are precluded from official actions involving an award donor. In addition, the Department is adding a new supplemental part to expand financial disclosure reporting requirements for certain outside activities and to ensure that prohibited financial interests are identified.     

Racial identification from the midfacial skeleton with special reference to American Indians and whites

Successful approaches to race determination of unidentified human remains have been developed by anatomists and physical anthropologists, but few quantitative methods are available for distinguishing American Indian crania from those of whites. The leading method in use today is particularly ineffective in its placement of American Indian skulls from the western regions of the United States. Recent development and testing of a new metric method suggests a much more effective technique. The method involves six breadth and projection measurements of the midfacial skeleton, the calculation of three indices, and a simple direct reading of results. The method has the additional advantage of use in the autopsy room with minimal dissection of soft tissue required. Based upon a less extensive test of East Asian and Arctic Mongoloid crania, the method appears to be even more effective in separating them from the sharp featured whites. Larger samples of American blacks and Polynesians are presently under study and these also appear to separate quite readily from whites using the same or similar sectioning values.     

From Alexa to Siri and the GDPR: The gendering of Virtual Personal Assistants and the role of Data Protection Impact Assessments

With female names, voices and characters, artificially intelligent Virtual Personal Assistants such as Alexa, Cortana, and Siri appear to be decisively gendered female. Through an exploration of the various facets of gendering at play in the design of Siri, Alexa and Cortana, we argue that this gendering of VPAs as female may pose a societal harm, insofar as they reproduce normative assumptions about the role of women as submissive and secondary to men. In response, this article turns to examine the potential role and scope of data protection law as one possible solution to this problem. In particular, we examine the role of data privacy impact assessments that highlight the need to go beyond the data privacy paradigm, and require data controllers to consider and address the social impact of their products.     

The EU Proposal for a General Data Protection Regulation and the roots of the ‘right to be forgotten’

The EU Proposal for a General Data Protection Regulation has caused a wide debate between lawyers and legal scholars and many opinions have been voiced on the issue of the right to be forgotten. In order to analyse the relevance of the new rule provided by Article 17 of the Proposal, this paper considers the original idea of the right to be forgotten, pre-existing in both European and U.S. legal frameworks. This article focuses on the new provisions of Article 17 of the EU Proposal for a General Data Protection Regulation and evaluates its effects on court decisions. The author assumes that the new provisions do not seem to represent a revolutionary change to the existing rules with regard to the right granted to the individual, but instead have an impact on the extension of the protection of the information disseminated on-line.