Independence of data privacy authorities (Part II): Asia-Pacific experience

Part I of this article in [2012] 28 CLSR 3-13 analysed the views of learned commentators on what constitutes the ‘independence’ of data protection authorities (DPAs). It concluded that a more satisfactory answer needed to be found in the international instruments on data privacy and on human rights bodies, their implementation and judicial interpretation, and in the standards that have been proposed and implemented by DPAs themselves. It found that only the OECD and APEC privacy agreements did not require a DPA (and therefore had no standards for its independence). Thirteen factors were identified as elements of ‘independence’ across these instruments and standards, five of which were more commonly found than others.     

Independence of data privacy authorities (Part I): International standards

Part I of this article analyses the views of learned commentators on what constitutes the ‘independence’ of data protection authorities (DPAs). It concludes that a more satisfactory answer needs to be found in the international instruments on data privacy and on human rights bodies, their implementation and judicial interpretation, and in the standards that have been proposed and implemented by DPAs themselves. It finds that only the OECD and APEC privacy agreements did not require a DPA (and therefore have no standards for its independence). Thirteen factors were identified as elements of ‘independence’ across these instruments and standards, five of which were more commonly found than others. Part II of the article will consider how these criteria have been implemented in laws in the Asia-Pacific.     

Legal education in Scotland: update from the Higher Education Academy

Law students’ future clients and employers, and the broader community, all deserve graduates to be equipped with not only substantive legal knowledge, but also a range of skills and practical knowledge. However, most law schools face resource pressures that mean that traditional skills development methodologies (which are often resource intensive) can only be used judiciously. In this resource-poor environment, skills development methodologies which incorporate new technologies can be one way to assist law students to develop the professional skills they require. Online learning tools have the potential to be resource friendly, and law schools may therefore be able to utilise them to ensure that maximum learning potential is achieved from the limited resources available. Considering an online or blended skills development framework is also supported by evidence that new technology learning tools can usefully contribute to skills development. In this article the potential for online learning to replicate aspects of an apprenticeship model of learning is explored, as a means of explaining this contribution. This analysis is intended to facilitate consideration of a broad panoply of learning tools for skills development, and inform educators considering adding a new technology component to student skills development.     

公立学校教师双重法律身份之定位及意义

教师法律身分与教师享有的权利内容及保障制度密切相关,我国大陆地区目前的相关教师法律规范对于教师的法律身分界定不甚明确,从而直接导致了教师游离于劳动法和公务员法的保护之外。本文中,笔者首先以列举教师维权中的困惑来引出教师法律身份如何定位这一课题,然后对我国台湾地区学者关于教师法律身份的不同观点进行了简要介绍,其次通过对教师的劳动者身份和公务员身份进行分析,提出了教师应为特殊劳动者兼特殊公务员的观点,最后着重阐述了定位教师的双重法律身份在立法完善及法律适用上的重大指导意义。     

Changing patterns of male suicide in Scotland.

Mortality statistics published annually by the Registrar General Scotland for 1970-1989 are analysed. There has been a recent increase in the suicide rate amongst younger males in Scotland which cannot be explained by changes in the misattribution between suicides (ICD E950-E959) and undetermined deaths (ICD E980-E989). The increase is almost entirely attributable to hanging and the use of motor vehicle exhaust fumes. Analysis of the sex/age/method-specific suicide rates demonstrates that age-specific increases in the male suicide rate are linked to age-specific increases in the use of these two methods. The increased suicide rate involving motor vehicle exhaust fumes can be explained by changes in method availability and acceptability. The increased suicide rate involving hanging may be explained by increased acceptability, possibly flowing from the abolition of judicial hanging in 1965. The increased suicide rate in younger males may reflect a change in the proportion of suicidal attempts resulting in a completed suicide consequent on an age-specific shift to the use of more lethal methods, namely hanging and motor vehicle exhaust fumes. This possibility needs to be evaluated before assessing the influence of other social factors on the suicide rate.     

Computer-aided qualitative data analysis of social media for teachers and students in legal education

This article addresses a new field for legal education researchers. It describes and discusses emergent methods for computer-aided qualitative data analysis of social media in legal education. Social media contributes opportunities for learning, teaching, and research for legal educators and students. It potentially expedites collaborations, sharing, and collection of information and commentary on relevant and important issues and topics. These sources provide content and data for learning, teaching, and research. Benefits of computer-aided qualitative data analysis of social media in legal education include a systematic approach, transparency, accountability and durability, and innovative ways to communicate insights through textual and graphical communications. The article uses two examples in which computer-aided qualitative data analysis, combined with qualitative data analysis strategies, can contribute insights in and about legal education: analysis of social media discussions involving specific topics or events – to study students’ work, or academics’ interactions at conferences; and analysis of legal educators’ scholarly communications and social media activities, toward improving the visibility and influence of legal education scholarship. Research ethics for studies involving social media and human participants are also considered.     

The current state of medical school education in bioethics, health law, and health economics.

Current challenges in medical practice, research, and administration demand physicians who are familiar with bioethics, health law, and health economics. Curriculum directors at American Association of Medical Colleges-affiliated medical schools were sent confidential surveys requesting the number of required hours of the above subjects and the years in which they were taught, as well as instructor names. The number of relevant publications since 1990 for each named instructor was assessed by a PubMed search. In sum, teaching in all three subjects combined comprises less than two percent of the total hours in the American medical curriculum, and most instructors have not recently published articles in the fields they teach. This suggests that medical schools should reevaluate their curricula and instructors in bioethics, health law, and health economics.     

论中小学教师在突发事件中的法律义务——范美忠事件引发的突发事件下中小学教师生命权的思考

"范美忠"事件虽然告一段落,但是,中小学教师的生命权在突发事件中是否应该受到限制的问题仍然没有彻底解决.突发事件中限制中小学教师生命权在我国的正当性和必要性:中小学教师的特殊职责和国家为之提供的特殊保障和特殊待遇使之具有正当性;我国自然灾害频发、人口密度大等地理人文气候条件以及自古以来对教师有较高道德期待的历史文化传统因素使之具有必要性.这一要求可以通过修改<教师法>等相关的法律来加以明确规定,与此同时,相关的配套制度也需进一步完善.