Genetic Data and the Data Protection Regulation: Anonymity,multiple subjects,sensitivity and a prohibitionary logic regarding genetic data?

Owing to the unique qualities of genetic data, there have been numerous criticisms of the current data protection framework's ability to protect genetic data. It has been suggested that the Directive did not recognise the sensitivity of genetic data and that it ignored a number of legitimate interests in this data (in particular interests which multiple data subjects may have and those which may remain in anonymous data). In 2012, the first results of a reform process of EU data protection law were released. These results included a draft Regulation (to replace the Directive) which introduced a new framework for the protection of genetic data. This Article considers whether the innovative approach to genetic data in the Regulation will provide a more adequate framework for the protection of genetic data. It concludes that the Regulation has rectified the lack of recognition of sensitivity, but still stutters in recognising a number of legitimate interests.     

Data Theft? Cybercrime and the Increasing Criminalization of Access to Data

The use of computers in the commission of crime, so-called ??cybercrime??, presents a considerable challenge to law enforcement. Central to the prosecution of cybercrime is the offence of unauthorised access to a computer, or ??hacking??. Originally conceived of as analogous to trespass, the trend in some jurisdictions has been toward punishing access to computer data per se. This issue also arises under the Council of Europe Convention on Cybercrime which criminalizes ??offences against the confidentiality, integrity and availability of computer data and systems??. As the criminal law traditionally provides protection only to limited forms of information, the increasing use of the criminal law to protect computer data therefore confers on it a status not enjoyed by information stored in other forms. Drawing upon the laws of Australia, the United Kingdom and the United States, this article explores the increasing criminalization of access to computer data. It describes the evolution of cybercrime laws and considers ways in which problems of over breadth may be avoided. Questions will also be raised as to the appropriate role of the criminal law in protecting information.     

Using Longitudinal Self-Report Data to Study the Age–Crime Relationship

Objectives

Given the growing reliance on longitudinal self-report data for making causal inferences about crime, it is essential to investigate whether the within-individual change in criminal involvement exists and is not a measurement artifact driven by attrition or survey fatigue—a very real possibility first identified by Lauritsen (Soc Forces 77(1):127–154, 1998) using the National Youth Survey (NYS). The current study examines whether the same threats to the validity of within-individual change in criminal involvement exist in the National Longitudinal Survey of Youth 1997 cohort (NLSY97).

Methods

We first estimate cohort-specific growth curve models of general crime, arrest, and substance use, and then test the difference between the age–crime curves of adjacent cohorts. We take a general approach to test cohort differences in the growth curve models, which advances the existing method separately modeling for each pair of adjacent cohorts. To explore the sources of cohort differences, we also estimate separate growth curve models by individual crime item and by demographic group.

Results

We document non-standard cohort differences between the age–crime curves of adjacent cohort pairs that are consistent with the findings of Lauritsen (1998) on measures of self-reported offending. However, the size of the cohort effects in the NLSY97 is substantially smaller than those in the NYS. We also found that the cohort effects were only evident in some of the survey items. Moreover, we did not identify any similar cohort issues in the longitudinal measure of arrest.

Conclusions

The findings of cohort effects localized in a certain crime items and demographic groups may mitigate concerns over the limited validity of longitudinal self-report data. We discuss how the survey techniques used in the NLSY97 might explain our findings and suggest an area of future study to explicate remaining cohort differences.

     

The Trademark Protection in Franchise——From the angle of franchisor's rights protection

特许经营的发展是以知识产权的集中许可和使用为其基本特征,商标权是特许经营权的核心内容之一.以商标权为核心的知识产权在特许经营中体现了重要的价值功能.由于特许人的维权意识不足,国内相关立法不够完善,经常发生针对特许人商标权的侵权行为.针对以上情况,结合具体的案例,分析特许人商标权遭受侵权的表现形式和原因,提出特许人维护其商标权的应对策略.     

Data protection in Europe – Some thoughts on reading the academic manifesto

The commentary by academics on the proposed European General Data Protection Regulation in [2013] 29 CLSR 180 has provoked thoughts in response. The responder strongly agrees with the doubts expressed about the definition of personal data, anonymisation and the identifiability of individuals. On the other hand, he disagrees with the views on consent and legitimacy and proposes support for a risk-based approach to data protection. He suggests that data protection does not need to be defended from the attack that it stifles business, but is justifiable for its assertion of fundamental rights. In conclusion, he shares the criticism of the European Commission's delegated and implementing powers and is concerned that the Regulation will be rushed to a conclusion for reasons of political ambition.     

Are Protection Policies for Human Trafficking Victims Effective? An Analysis of the Italian Case

Since the 1990s trafficking in human beings has increasingly become a priority in the international and European policy agenda. The international community took action against it with the United Nations Protocol against Trafficking (2000), the Council of Europe Convention on Action Against Trafficking in Human Beings (2005) and the Directive 2011/36/EU of the European Parliament and of the Council on Preventing and Combating Trafficking in Human Beings and Protecting its Victims. In the same period the number of studies and research works on it has increased. Nevertheless, some of the most important research questions remain almost unanswered. In particular, there is a paucity of data about the effectiveness of the policies against human trafficking. This paper provides some knowledge in this field. In particular it presents some considerations on the effectiveness of the Italian policies on the protection of and assistance to victims in the period 2000–2008. The data analysis suggests that the effectiveness varied across years and that the entry of Romania in the European Union, apparently, had an impact on the phenomenon and on the policies effectiveness. The lesson to be learned is that under the umbrella of human trafficking very different situations, changing across time and countries, coexist. In order to be effective a national policy should be capable of a) planning actions which take into account the national characteristics of human trafficking; b) monitoring whether and how the phenomenon has changed and change the policies accordingly.     

‘Mastaans’ and the Market for Social Protection Exploring Mafia Groups in Dhaka,Bangladesh

This paper presents a study of mafia groups in Bangladesh. Drawing on the views and experiences of 22 street children, 80 interviews with criminal justice practitioners, NGO workers and community members and over 3 years of participant observation of the criminal justice system, the paper considers the ‘mastaans’: Bangladeshi mafia groups. The article draws on both theories of protection and behaviour to develop a social protection theory of the mafia. The article considers the social networks of mastaan groups, their prevalence, where they operate, divisions of labour, the crimes that they commit and the associations that they have with politicians and the police. The paper demonstrates that mastaans work in alliance with corrupt members of the state and they provide access to services, resolve disputes, commit extortion and carry out a wide array of criminal activity, much of which relies on their monopolisation of violence to protect their illegal industries. The paper demonstrates—for the first time—that mafias operate in Bangladesh and draws on data gathered from both adults and children, the implications of which are discussed.     

Data breach notification law in the EU and Australia – Where to now?

Mandatory data breach notification laws have been a significant legislative reform in response to unauthorized disclosures of personal information by public and private sector organizations. These laws originated in the state-based legislatures of the United States during the last decade and have subsequently garnered worldwide legislative interest. We contend that there are conceptual and practical concerns regarding mandatory data breach notification laws which limit the scope of their applicability, particularly in relation to existing information privacy law regimes. We outline these concerns here, in the light of recent European Union and Australian legal developments in this area.     

Shortcomings in the Operation and Coordination of Witness Protection in Australia. Where to from Here?

Criminal Law Forum - Witness protection in Australia has, to date, been less than successful in implementation and execution. An ad hoc system of Commonwealth and state/territory witness protection...     

Examining the Relationship Between the Structural Characteristics of Place and Crime by Imputing Census Block Data in Street Segments: Is the Pain Worth the Gain?

Objective

The current study proposes unique methods for apportioning existing census data in blocks to street segments and examines the effects of structural characteristics of street segments on crime. Also, this study tests if the effects of structural characteristics of street segments are similar with or distinct from those of blocks.

Methods

This study compiled a unique dataset in which block-level structural characteristics are apportioned to street segments utilizing the 2010 U.S. Census data of the cities of Anaheim, Santa Ana, and Huntington Beach in Orange County, California. Negative binomial regression models predicting crime that include measures of social disorganization and criminal opportunities in street segments and blocks were estimated.

Results

The results show that whereas some of the coefficients tested at the street segment level are similar to those aggregated to blocks, a few were quite different (most notably, racial/ethnic heterogeneity). Additional analyses confirm that the imputation methods are generally valid compared to data actually collected at the street segment level.

Conclusions

The results from the street segment models suggest that the structural characteristics from social disorganization and criminal opportunities theories at street segments may operate as crucial settings for crime. Also the results indicate that structural characteristics have generally similar effects on crime in street segments and blocks, yet have some distinct effects at the street segment level that may not be observable when looking at the block level. Such differences underscore the necessity of serious consideration of the issues of level of aggregation and unit of analysis when examining the structural characteristics-crime nexus.

     

When Public Protection Becomes Punishment? The UK Use of Civil Measures to Contain the Sex Offender

In keeping with many countries the UK has moved the problem of sexual offending up the political agenda. On the criminal justice side sentences have been increased and supervision periods extended. On the civil side a raft of new measures have been put in place to regulate the behaviour of sex offenders in the interest of community safety and child protection; this paper examines these measures and, in particular takes the sex offender ‘register’ as a case study to show how political imperatives have been brought to bear with little reference to the research or professional views of practitioners in this area. It is contended that under these political pressures, what starts life as a preventive, regulatory measure can easily become a more punitive measure in its own right; as such it may be liable to challenge by those subject to it for failing to fulfil its primary purpose and for straying across a line between the civil and criminal aspects of intervention.     

Traffick jam: a policy review of the United States’ Trafficking Victims Protection Act of 2000

The United States enacted the Trafficking Victims Protection Act (TVPA) of 2000 to combat organized networks specializing in the illicit transport of human beings across political and geographical boundaries. This response has engendered conflicting definitions and competing agendas attributable to the definition set forth by the TVPA, which divides the crime into ‘sex’ verses ‘labor’ trafficking. The European Union (EU) adopted a different and detailed definition introduced by the United Nations. This paper explores the disparity in anti-trafficking policies of the United States and the EU. By contrasting these efforts, recommendations to strengthen U.S. policy by adapting certain EU practices to an American context are suggested.     

Does Moral Conviction Really Override Concerns About Procedural Justice? A Reexamination of the Value Protection Model

A large research literature on procedural justice demonstrates that people are more accepting of decisions that they do not feel are advantageous or fair when those decisions are arrived at using just procedures. Recently, several papers (Skitka, Pers Soc Psychol Bull, 28:588–597, 2002; Skitka and Mullen, Pers Soc Psychol Bull, 28:1419–1429, 2002) have argued that these procedural mechanisms do not have a significant influence when the decision made concerns issues about which those involved have strong moral feelings (“a moral mandate”). A reanalysis of the data in these two studies indicates that, contrary to the strong position taken by the authors, i.e. that “when people have a moral mandate about an outcome, any means justifies the mandated end” (Skitka, Pers Soc Psychol Bull, 28:594, 2002), the justice of decision-making procedures is consistently found to significantly influence people’s reactions to decisions by authorities and institutions even when their moral mandates are threatened.

Data protection 1998–2008

This article reviews key developments in data protection legislation, case law and practice between 1998 and 2008. Over this time data protection has become a mainstream compliance topic for business and government alike. Having started in 1998 as a specialist area of limited general application, over the decade this area of law has been widely applied to access rights, international transfers of information and data losses. We are now seeing major changes in enforcement of data protection legislation (including the power to fine and increased use of audits) which will continue the focus on compliance.     

Data retention in the UK: Pragmatic and proportionate,or a step too far?

On 6 April 2009 new legislation came into force, for the first time putting Internet service providers' duty to retain significant amounts of data (relating to customers' email and Internet usage) on a compulsory, as opposed to a voluntary footing. It is a topic which has provoked intense protest from the privacy lobby and fuelled months of “Big Brother” headlines in the press. For the industry it raises operational challenges – how to facilitate storage and retrieval of colossal amounts of data. In this article we consider the policy background to the regime, the detail of the UK implementation and the practical implications for communications service providers. We weigh up the privacy and human rights concerns against the business case put forward by the Government. We also examine the Government's proposals – announced at the end of April – to significantly extend and “future proof” this regime in the form of its Intercept Modernisation Programme.     

Comparative effectiveness research under the Patient Protection and Affordable Care Act: can new bottles accommodate old wine?

The Patient Protection and Affordable Care Act (PPACA), as amended by the Health Care and Education Reconciliation Act of 2010, initiated comprehensive health reform for the healthcare sector of the United States. PPACA includes strategies to make the American healthcare sector more efficient and effective. PPACA's comparative effectiveness research initiative and the establishment of the Patient-Centered Outcomes Research Institute are major strategies in this regard. PPACA's comparative effectiveness research initiative is one in a long line of federal initiatives to address the rising costs of healthcare as well as to obtain better value for healthcare expenditures. The key question is whether the governance and design features of the institute that will oversee the initiative will enable it to succeed where other federal efforts have faltered. This Article analyzes the federal government's quest to ensure value for money expended in publically funded healthcare programs and the health sector generally. This Article will also analyze what factors contribute to the possible success or failure of the comparative effectiveness research initiative. Success can be defined as the use of the findings of comparative effectiveness to make medical practice less costly, more efficient and effective, and ultimately, to bend the cost curve.     

Protection Orders in the European Member States: Where Do We Stand and Where Do We Go from Here?

This article tries to provide an overview of current criminal, civil and administrative protection order legislation in the 27 European Member States by comparing five studies that have (laterally) touched upon this topic. Although the data are sometimes questionable and, on occasion, even contradictory, the general picture emerges that there is a huge variation in levels of victim protection across the EU. In some Member States there are considerable gaps in victim protection legislation, for example, because there is no (pre-trial or post-trial) protection in criminal proceedings or because civil protection orders and/or barring orders are not available. If we agree that in the light of today??s emphasis on victim protection the current gaps in protection order legislation can no longer be accepted, a strategy needs to be devised on how to solve this problem. It was argued that the European Union could play an important part in addressing the protective vacuum, first by supporting thorough research into the current status of protection order legislation and implementation in the 27 Member States, and second by further exploring certain ??soft law?? possibilities such as co-regulation or the open method of coordination.     

Towards a Global Regulatory Framework for Cross-Border Data Flows—Fundamental Concerns and the China’s Approach

Cross-border data flows not only involve cross-border trade issues, but also severely challenge personal information protection, national data security, and the jurisdiction of justice and enforcement. As the current digital trade negotiations could not accommodate these challenges, China has initiated the concept of secure cross-border data flow and has launched a dual-track multi-level regulatory system, including control system for overseas transfer of important data, system of crossborder provision of personal information, and system of cross-border data request for justice and enforcement. To explore a global regulatory framework for cross-border data flows, legitimate and controllable cross-border data flows should be promoted, supervision should be categorized based on risk concerned, and the rule of law should be coordinated at home and abroad to promote system compatibility. To this end, the key is to build a compatible regulatory framework, which includes clarifying the scope of important data to define the “Negative List” for preventing national security risks, improving the cross-border accountability for protecting personal information rights and interests to ease pre-supervision pressure, and focusing on data access rights instead of data localization for upholding the jurisdiction of justice and enforcement.