The Data Protection (Amendment) Act, 2003: the Data Protection Directive and its implications for medical research in Ireland

Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of Such Data has been transposed into national law and is now the Data Protection (Amendment) Act, 2003. The Directive and the transposing Act provide for new obligations to those processing data. The new obligation of primary concern is the necessity to obtain consent prior to the processing of data (Article 7, Directive 95/46/EC). This has caused much concern especially in relation to 'secondary data' or 'archived data'. There exist, what seem to be in the minds of the medical research community, two competing interests: (i) that of the need to obtain consent prior to processing data and (ii) the need to protect and foster medical research. At the same time as the introduction of the Act, other prior legislation, i.e. the Freedom of Information Act, 1997-2003, has encouraged candour within the doctor-patient relationship and the High Court in Ireland, in the case of Geoghegan v. Harris, has promulgated the 'reasonable-patient test' as being the correct law in relation to the disclosure of risks to patients. The court stated that doctors have a duty to disclose all material risks to patients. The case demonstrates an example of a move toward a more open medical relationship. An example of this rationale was also recently seen in the United Kingdom in the House of Lords decision in Chester v. Afshar. Within the medical research community in Ireland, the need to respect the autonomy of patients and research participants by providing information to such parties has also been observed (Sheikh A. A., 2000 and Irish Council for Bioethics, 2005). Disquiet has been expressed in Ireland and other jurisdictions by the medical research communities in relation to the exact working and meaning of the Directive and therefore the transposing Acts (Strobl et al). This may be due to the fact that, as observed by Beyleveld "The Directive makes no specific mention of medical research and, consequently, it contains no provisions for medical research as an explicitly delineated category." (Beyleveld D., 2004) This paper examines the Irish Act and discusses whether the concerns expressed are well-founded and if the Act is open to interpretation such that it would not hamper medical research and public health work.     

Bioinformatics and genetic privacy: The impact of the Personal Data Protection Act 2010

Bioinformatics refers to the practise of creation and management of genetic data using computational and statistical techniques. In Malaysia, data obtained from genomic studies, particularly for the purpose of disease identification produces a tremendous amount of information related to molecular biology. These data are created from DNA samples obtained from diagnostic and research purposes in genomic research institutes in Malaysia. As these data are processed, stored, managed and profiled using computer applications, an issue arises as to whether the principles of personal data privacy would be applicable to these activities. This paper commences with an illustration of the salient features of the Personal Data Protection Act 2010. The second part analyses the impact of the newly passed Personal Data Protection Act 2010 on the collection of DNA sample, the processing of data obtained from it and the profiling of such data. The third part of the paper considers whether the various personal data protection principles are applicable to the act of DNA profiling and the creation of bioinformatics.     

Protecting Childhood: Rights,Social Goals and the First Amendment in the Context of the Child Online Protection Act

In Dun & Bradstreet v. Greenmoss Builders, the Supreme Court of the United States reintroduced a subject matter test into libel law, holding that private figures defamed in the discussion of matters of private concern did not need to prove actual malice to collect punitive or presumed damages. The sweeping language of some of opinions, coupled with the Supreme Court's references to subject matter in subsequent cases, led to confusion over whether and how constitutional protections apply in private plaintiff-private issue cases. This article explores how lower federal and state appellate courts have interpreted Dun & Bradstreet and offers three alternate solutions to appropriately balance the First Amendment rights of defendants with the reputational interests of private plaintiffs in cases arising from the discussion of matters of private concern.     

Protection of competitors, consumers and the general public--The new German Act against Unfair Competition

Legal context. In 2004 the German legislature passed the newGerman Act Against Unfair Competition, replacing the old Actof 1909. By ensuring effective protection against unfair competitionpractices the Act promotes honest and conscionable conduct inthe marketplace for the benefit of competitors, consumers, andother market participants. Key points. The main provision of the Act in section 3 prohibitsunfair commercial practices in the marketplace which are capableof distorting competition to the detriment of competitors, consumers,and other market participants. The general clause is complementedby a non-exhaustive list of categories of commercial practicesconsidered to be unfair under the more recent 1909 Act caselaw. Further provisions deal separately with the categoriesof misleading, comparative, and intrusive advertising, transposingthe relevant provisions of several European Directives intoGerman law. The Act also encompasses provisions on civil remediesand on litigation such as procedural regulations concerninginjunctive relief actions, competence and jurisdiction, andthe role of mediation boards. Practical significance. The prime focus of the new Act is tofurther liberalize German unfair competition law after the repealof the laws governing discounts and bonuses in 2001. Furthermajor accomplishments of the new Act include the explicit emphasisof a high level of consumer protection: for the first time theconsumer is explicitly mentioned together with competitors andthe general public as a subject of protection under unfair competitionlaw in Germany (tripartite protection). Furthermore, the Actprovides greater transparency than the old Act by introducinga catalogue of definitions and by codifying established caselaw with respect to certain categories of commercial practicesconsidered to be unfair.     

School shootings, the media, and public fear: Ingredientsfor a moral panic

Recent shootings at schools around the country have resulted in widespread fear and panic among both students and parents, prompting a myriad of responses to make schools safer. Yet, empirical data suggest that despite the recent shootings, schools remain extremely safe places for children, and school violence is lower today than it was several years ago. The present research focuses on the construction of school shootings as a moral panic, with examinations of the roles played by the media, the public, and politicians in using isolated incidents (albeit heinous offenses) to support their interests. The interactions between these groups and the resultant punitive actions directed toward juveniles are discussed. This revised version was published online in July 2006 with corrections to the Cover Date.     

Solving an "appalling" problem: social reformers and the campaign for the Alberta Sexual Sterilization Act, 1928

In this article, the author examines the campaign leading up to the passage of the Sexual Sterilization Act in Alberta in 1928. The author asserts that the passage of this Act was the result of the influence of a few elite individuals, particularly those involved with the United Farm Women of Alberta social reform movement, and may not have been reflective of widespread favourable public sentiment. While there were serious misgivings regarding the passage of the Sexual Sterilization Act, the legislation was ultimately successful because of the pressing problems of inadequate mental facilities and budgetary constraints. The author discusses the legislation's eventual repeal in 1972 due to public denunciation of eugenic measures, concerns about liability, and the threat posed to individual liberties. This article was the winner of the William Morrow Essay Contest in 1999.     

Chicano youth gangs and crime: the creation of a moral panic

The relationship between Chicano gangs, crime, the police, and the Chicano community is complex. Neither the problem of youth gangs nor the specialized police units created to cope with this problem arises in a social vacuum. Rather, both emerge from a particular historical structuring of social, economic, and political relations. This paper investigates how and why a moral panic arose concerning Chicano youth gangs in Phoenix in the late 1970s and early 1980s. A variety of qualitative and quantitative data from media reports, interviews, and juvenile court records are used to assess whether it was the actual behavior of Chicano youths or the social imagery surrounding them that formed the basis for the gang problem in Phoenix. I suggest that the image of gangs, and especially of Chicano gangs, as violent converged with that of Mexicans and Chicanos as different to create the threat of disorder. In addition, it was in the interests of the police department to discover the gang problem and build an even greater sense of threat so as to acquire federal funding of a specialized unit.