Robots in the cloud with privacy: A new threat to data protection?

The focus of this paper is on the class of robots for personal or domestic use, which are connected to a networked repository on the internet that allows such machines to share the information required for object recognition, navigation and task completion in the real world. The aim is to shed light on how these robots will challenge current rules on data protection and privacy. On one hand, a new generation of network-centric applications could in fact collect data incessantly and in ways that are “out of control,” because such machines are increasingly “autonomous.” On the other hand, it is likely that individual interaction with personal machines, domestic robots, and so forth, will also affect what U.S. common lawyers sum up with the Katz's test as a reasonable “expectation of privacy.” Whilst lawyers continue to liken people's responsibility for the behaviour of robots to the traditional liability for harm provoked by animals, children, or employees, attention should be drawn to the different ways in which humans will treat, train, or manage their robots-in-the-cloud, and how the human–robot interaction may affect the multiple types of information that are appropriate to reveal, share, or transfer, in a given context.     

Embracing Wikipedia as a research tool for law: to Wikipedia or not to Wikipedia?

Useful aspects of Wikipedia should be embraced as a research tool. Arguments are based upon a consideration of Wikipedia's purpose; policies and controlling mechanisms; commentator views on and academic use of Wikipedia as a teaching and learning tool; the fact that empirical research has found students will use Wikipedia. The results of a survey on the research preferences of a range of students engaged in various levels of legal study, from senior secondary school to second year law students, are presented and recommendations regarding educating students in the appropriate use of Wikipedia for research are made.     

A law for need or a law for greed?: Restoring the lost law in the international law of foreign investment

The 1990s brought about a change in the international law of foreign investment due to the primacy achieved by the tenets of neo-liberalism. They drove concerns about the environment and poverty away from the concerns of the law and gave priority to the interests of multinational corporations by enhancing their ability for movement of assets and the absolute protection of these assets through treaty rules. The regime created by this law was operated through secure systems of dispute settlement through arbitration which also enabled the stabilization of these rules. In the process, private power of a section within the hegemonic state was able to subvert international law through the use of low order sources of the law and secure a system of investment promotion and protection. The restoration of the more universal themes of environmental protection and poverty alleviation is necessary. This paper outlines the developments that accentuated the sectional interests of multinational capital and explores the means by which a change that reflects the global interests could be effected.

Codes of professional responsibility for lawyers: ethics or law?

The American Bar Association has three times in this century produced a code of ethics for lawyers. The movement has clearly been from a general, hortatory format to one of a statement of principles of law. In the ABA's latest effort, the problems of client confidentiality loom as the most serious and most difficult to solve. The question of ethics versus law weighs heavily in this context, and the ABA's latest resolutions of the confidentiality problems are found to be unsatisfactory.     

Should Criminal Law Mirror Moral Blameworthiness or Criminal Culpability? A Reply to Husak

Law and Philosophy - In Ignorance of Law, Doug Husak defends a version of legal moralism on which ‘we should recognize a presumption that the criminal law should…be based, on conform...     

Do all the pieces matter? Assessing the reliability of law enforcement data sources for the network analysis of wire taps

Law enforcement agencies rely on data collected from wire taps to construct the organisational chart of criminal enterprises. Recently, a number of academics have also begun to utilise social network analysis to describe relations among criminals and understand the internal organisation of criminal groups. However, before drawing conclusions about the structure or the organisation of criminal groups, it is important to understand the limitations that selective samples such as wire taps may have on network analysis measures. Electronic surveillance data can be found in different kinds of court records and the selection of the data source is likely to influence the amount of missing information and, consequently, the results. This article discusses the impact that the selection of a specific data source for the social network analysis of criminal groups may have on centrality measures usually adopted in organised crime research to identify key players.     

Public security versus privacy in technology law: A balancing act?

Technology invades a person's privacy but this has been justified in law on public security grounds. The more technology advances, the more difficult it is to control its privacy intrusive use. This paper argues that there are a number of difficulties posed by such use concerning the respect of one's privacy. The meaning of ‘public security’ is not entirely clear and there are various laws which authorise the invasion of privacy for public security reasons. Technology is developing at such a fast pace and in a more diffused manner without taking on board its privacy implications whilst technological privacy enhancement mechanisms are not catching up. The law of privacy is not sufficiently elaborate and is slow in coming to terms to deal with these novel situations posed by rapid technological advances. The paper thus develops universally legally binding minimum core principles that could be applied indiscriminately to all privacy intrusive technology.     

Litigation: a threat to obstetric practice?

Claims that the practice of obstetrics is in crisis appear regularly in the media, but evidence for the claims is scarce. This article examines a range of evidence from Australia and overseas and explores the relationship between obstetric practice and litigation. While anecdotal evidence abounds, there is no hard evidence to confirm that litigation is the threat to obstetric practice that many practitioners strongly believe it is. It is likely that such practitioners respond by practising defensive medicine but this is very difficult to measure.     

The ITS Directive: More than a timeframe with privacy concerns and a means for access to public data for digital road maps?

Roads are ever more congested, pollution keeps rising and traffic-related deaths remain at unacceptable levels. It is clear that society’s needs with regard to transportation and mobility have become unsustainable. Intelligent Transport Systems (ITS) are often heralded as a potential solution to this problem, yet have still to yield tangible results. The EU has, however, adopted the ITS Directive, aiming for an EU-wide implementation of ITS solutions. Three questions are raised. First, can the ITS Directive really provide for the required substantial provisions in this field? Second, as ITS solutions are often deemed to be pervasive and intrusive, how does the ITS Directive interact with the EU legal framework on privacy and data protection? Third, given the involvement of private commercial entities in the field of providing road, traffic and travel data, can a public–private partnership be found to allow for the re-use of both public and private sector data in ITS solutions?     

Strengthening cross-border law enforcement cooperation in the EU: the Prüm network of data exchange

The Prüm network was established to provide mechanisms and the infrastructure to achieve a closer cooperation between the EU member states in combating terrorism, organised crime and illegal immigration through the cross border exchange of DNA profiles, fingerprints and vehicle registration data. While Prüm offers clear benefits for cross-border policing, it continues to present challenges of a technical and scientific nature as well as legal, ethical and socioeconomic concerns. This article reviews these challenges as well as the existing safeguards. It argues that, in order to achieve Prüm benefits and maximise its potential, it is important to enhance the necessary dialogue and cooperation between member states so as to confront the above concerns and address challenges posed by Prüm through balanced measures.     

DNA databanks: law enforcement's greatest surveillance tool?

All fifty states have laws requiring the collection of DNA samples from certain classes of criminals. Genetic profiles are gleaned from these samples and entered into DNA databanks, after which they then can be accessed by law enforcement personnel and others. DNA forensic technologies can be used to identify criminal offenders, but they can also be used in ways that reveal health and other personal information about the target and even about his or her relations. Moreover, the rapid introduction of ever-changing types of DNA forensic techniques creates a potential for error. Such errors may wrongly implicate some individuals for a crime and may wrongly exculpate others. This Article examines weaknesses in state DNA databanking laws regarding the protection of genetic privacy and imposition of quality assurance mechanisms and suggests policies which state legislatures should incorporate into the state DNA databanking scheme.     

Are data protection laws sufficient for privacy intrusions? The case in Hong Kong

An area of concern which relates to privacy intrusions in Hong Kong is the substantial changes that have taken place in recent years in relation to news gathering and reporting and the activities of local paparazzi. The issue that needs to be addressed is how intrusions of privacy can be protected in Hong Kong. The most significant reform to date has been the enactment of the Personal Data (Privacy) Ordinance which provides rules for the fair handling of information about living individuals. However, the Ordinance is concerned only with data protection and does not provide a general privacy right. This article demonstrates the inadequacies of existing legislation for general privacy protection and examines the possibility of developing a separate action for general privacy via a) an action of extended breach of confidence as demonstrated by the UK model and b) a sui generis cause of action as can be seen in the New Zealand courts.     

MiFID II – A radical contribution to the development of data law?

Away from the hubbub about HFT (High Frequency Trading) a quiet storm is blowing in to the EU that will radically change securities trading in bonds, OTC derivatives and other asset classes. The rules, called MiFID II,² top off the alphabet soup of an extensive new rule book that, after the European Parliament's ‘Super Tuesday’ on 15 April 2014, is finally set to become law. Radical changes are afoot!     

‘Modernising’ data protection Convention 108: A safe basis for a global privacy treaty?

Proposals for the reform or ‘modernisation’ of Council of Europe Data Protection Convention 108 have now been forwarded from the Convention's Consultative Committee for consideration by the Council of Ministers. This article assesses the changes proposed, which strengthen the obligations of Parties to implement the Convention as a matter of effective practice, not just as a law on paper. It tightens most of the existing data protection principles, and adds new ones which better align the Convention with the EU Directive (and proposed Regulation). The Convention Committee will have explicit new functions including assessing candidates for accession, and periodically reviewing implementation by existing parties. However, the proposals concerning the required standard for data export limitations are in some respects ill-defined and dangerous for data subjects. The existing standard that personal data can only be exported if the recipient provides ‘adequate’ protection has been abandoned for an undefined requirement of ‘appropriate’ protection. The article situates the risk of abandoning meaningful data export restrictions in the context of the USA's push for ‘interoperability’ of very different data protection standards.