The fight against terrorism and crime in the context of National, Regional, and Global security

The large quantity of illegal drugs remaining in Afghanistan since the fall of the Taliban regime presents an opportunity for both drug dealers and terrorists. The potential for generating vast sums of money could lead to“ narcoterrorism,” sustaining and financing terrorism over the long term. Narcoterrorism is not specifically recognized as a crime in many countries, nor is“ state sponsored terrorism.” The Republic of Georgia is currently drafting legislation to do this. That project, described here, is managed by the National Security Council of Georgia and includes several tasks to determine the causes and nature of the threats as well as the development of tools to combat them.     

Data protection: The future of privacy

The Art. 29 Working Party (hereinafter “Art. 29 WP”) is an influential body comprised of representatives from the Member State Data Protection Authorities² established under the Data Protection Directive 95/46/EC, has recently issued an opinion with the Working Party on Police and Justice. This is quite significant, since the opinion sets out some of the issues that will need to be addressed in the lead up to the revision of the Data Protection Directive 95/46/EC.³ This comes at a time, when there have been discussions on the current application of the European Data Protection Directive to the internet,⁴ (such as social networking) and the recent European Commission’s consultation on the legal framework for the fundamental right to protection of personal data. Not least, there have been a number of cases brought before the European Court of Justice dealing with the partial implementation of the Data Protection Directive 95/46/EC.⁵The aim of this paper is to consider in detail the issues set out by the Art. 29 WP and the likely challenges in revising the Data Protection Directive 95/46/EC.     

The legal construction of privacy and data protection

In this contribution, the authors explore the differences and interplays between the rights to privacy and data protection. They describe the two rights and come to the conclusion that they differ both formally and substantially, though overlaps are not to be excluded. Given these different yet not mutually exclusive scopes they then apply the rights to three case-studies (body-scanners, human enhancement technologies, genome sequencing), highlighting in each case potential legal differences concerning the scope of the rights, the role of consent, and the meaning of the proportionality test. Finally, and on the basis of these cases, the authors propose paths for articulating the two rights using the qualitative and quantitative thresholds of the two rights, which leads them to rethink the relationship between privacy and data protection, and ultimately, the status of data protection as a fundamental right.     

Prescribing privacy: the uncertain role of the physician in the protection of patient privacy

Because medical records are now more comprehensive than ever before, they increasingly are being demanded for uses both inside and outside of the medical profession. Mr. Gellman contends that existing ethical and legal guidance is inadequate to aid physicians in dealing with the confidentiality issues raised when patient information is requested or demanded from them, and supports this contention by examining the dilemmas faced by physicians presented with such requests or demands. He concludes that ethical and judicial guidance will continue to be inadequate, and that the only practical way to develop suitable guidance is through legislation.     

票据犯罪的操作风险防范机制

票据犯罪是银行操作风险的重要表现形式之一。本文认为,为降低操作性风险,防范票据犯罪,我国应参照巴塞尔银行监管委员会在新资本协议中提出的指导性意见,引进市场约束机制,加强信息披露,推动现有的银行风险管理制度改革。     

Legal constraints for the protection of privacy and personal data in electronic evidence handling1

This paper describes the application of personal data protection rules in the process of e‐evidence handling. It focuses mainly on the application of Directive 95/46/EC rules to the digital environment. It also makes reference to the legal risks derived from the collection and processing of e‐evidence in violation of privacy and personal data protection law.     

Taking advantage of new technologies: For and against crime

Advancement in the field of Information Communication Technologies (ICTs) changes not only our society but also crime. It opens more opportunities for crime and draws people into committing crime, leading to an unprecedented growth in the crime rate. On the other hand, it has also been applied to criminal justice. Crime fighters use the ICTs to control crime and gain efficiency in their policing efforts to service the community. This has led to more effective police work. As both criminals and police benefit from ICTs, these new technologies create new pitfalls for both criminals and law enforcement. Use of technologies by criminals represents challenges and risks to the crime fighter and vice versa. This triggers a crime race and raises notable social concerns on the adverse use and potential abuse of ICTs. Proactive territorial-based regulations, although called for, do not always provide solutions. The borderless nature of ICTs may not allow for rigid regulations and instead challenges the principle of criminal laws. As such, international laws and regulations combined with reliance on technologies are crucial to counter the crime race.     

HIPAA standards for privacy of individually identifiable health information: an introduction to the consent debate

On March 27, 2002, DHHS published proposed amendments to the Privacy Standards under HIPAA. The most controversial of these changes is the removal of the requirement that providers obtain patient consent before using or disclosing protected health information for treatment, payment, and healthcare operations. Some see this change as a rejection of privacy rights, while others see it as an acknowledgement of practical reality. This comment introduces the reader to the issues that are debated immediately following in the articles by Geralyn A. Kidera and Kristen Rosati.     

In-your-face Watergate: neutralizing government lawbreaking and the war against white-collar crime

Crime, Law and Social Change - Ample official evidence exists that the Trump administration was the most corrupt in modern American history. Donald Trump’s overall pattern of behavior not...     

White-collar crime and the justice department: The institutionalization of a concept

The sudden and unexpected incorporation of white-collar crime as a top investigative priority of the U.S. Justice Department of the 1970s is the focus of this inquiry. This pursuit of white-collar crime is especially problematic for instrumentalist and structuralist variants of conflict theory, which generally view the origins of law in terms of the interests of a ruling or capitalist class. This apparent contradiction between official concern for white-collar crime and instrumentalist and structuralist theories of law creation is examined in the context of the discovery of white-collar crime by the Justice Department. It is noted that in the process of operationalizing white-collar crime, the Justice Department transformed the traditional (Sutherland) definition of white-collar crime so that targeted offenders are not limited to the economic and political elite, but instead are drawn from all social classes. This modification of the definition has far-reaching implications for assessing the nature of the Justice Department's response to the problem of elite crime and provides insight into the ongoing theoretical debate on the origins of law.