EU GDPR or APEC CBPR? A comparative analysis of the approach of the EU and APEC to cross border data transfers and protection of personal data in the IoT era

This article examines the two major international data transfer schemes in existence today – the European Union (EU) model which at present is effectively the General Data Protection Regulation (GDPR), and the Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules system (CBPR), in the context of the Internet of Things (IoT).While IoT data ostensibly relates to things i.e. products and services, it impacts individuals and their data protection and privacy rights, and raises compliance issues for corporations especially in relation to international data flows. The GDPR regulates the processing of personal data of individuals who are EU data subjects including cross border data transfers. As an EU Regulation, the GDPR applies directly as law to EU member nations. The GDPR also has extensive extraterritorial provisions that apply to processing of personal data outside the EU regardless of place of incorporation and geographical area of operation of the data controller/ processor. There are a number of ways that the GDPR enables lawful international transfer of personal data including schemes that are broadly similar to APEC CBPR.APEC CBPR is the other major regional framework regulating transfer of personal data between APEC member nations. It is essentially a voluntary accountability scheme that initially requires acceptance at country level, followed by independent certification by an accountability agent of the organization wishing to join the scheme. APEC CBPR is viewed by many in the United States of America (US) as preferable to the EU approach because CBPR is considered more conducive to business than its counterpart schemes under the GDPR, and therefore is regarded as the scheme most likely to prevail.While there are broad areas of similarity between the EU and APEC approaches to data protection in the context of cross border data transfer, there are also substantial differences. This paper considers the similarities and major differences, and the overall suitability of the two models for the era of the Internet of Things (IoT) in which large amounts of personal data are processed on an on-going basis from connected devices around the world. This is the first time the APEC and GDPR cross-border data schemes have been compared in this way. The paper concludes with the author expressing a view as to which scheme is likely to set the global standard.     

Determining the sequence of intersecting gel pen and laser printed strokes — A comparative study

The relative chronological sequence of intersecting gel pen ink lines and laser printed marks has been determined using optical methods. The results were obtained by observing spectral reflection, relative sheen, skipping and gaps of gel pen ink strokes at the point of intersection. The intersections are observed under stereomicroscope and digital microscope. The effectiveness of both the optical instruments for sequence of the strokes has been compared. The sequence of intersecting lines (of same colour, different colours and where one of the strokes is darker) has been established.     

The Standard of Legal Definition of the Small and Medium Enterprise——From the aspect of comparative law

西方各国对“中小企业”的立法界定标准差异显著,在其本国内每一部政府扶持立法通常都规定了自己的“中小企业”定义.我国对“中小企业”的立法界定标准先后进行过几次大调整,但目前的立法仍存在诸多缺陷,需要进一步加以完善.立法界定“中小企业”,应以“小”的本质涵义为起点,以“相对随意性”为指导理论.     

Evaluation of the solvent black 3 fingermark enhancement reagent: Part 2 — Investigation of the optimum formulation and application parameters

A comparison is reported of the relative effectiveness to two formulations of the solvent black 3 (Sudan Black) reagent used to enhance grease contaminated fingermarks. These experiments compared the currently recommended ethanol-based formulation with a lower flammability system based on 1-methoxy-2-propanol (PGME) using natural, deliberately sebaceous and grease contaminated marks across a range of surfaces. It is shown that overall the PGME-based formulation was significantly better at producing good ridge detail on most surfaces for both natural and deliberately sebaceous prints, and for contaminated prints the ridge detail obtained with the PGME-based formulation was as good or better than that obtained with the ethanol formulation.Several smaller experiments were also carried out in order to provide additional information on the solvent black 3 process. These showed that solutions of age up to 2 years can still develop good ridge detail, but the colour of the stained mark may vary. It was also demonstrated that the currently recommended 2 minute treatment time often resulted in very heavy background staining and in practice significantly reduced treatment times can be recommended according to the nature of the surface present.     

What motivates the engineers to patent? A study at the Chinese R&D laboratories of a European MNC

Corporate R&D engineers, being usually the initiators of a patent, are important contributors to the patenting performance of their employers. Hence, patenting motives of R&D engineers encompass an interesting and promising research field. However, the literature on patenting motivation of the engineers in the corporate context is scarce. We apply self-determination theory on human motivation to investigate patenting motives of a sample of local R&D engineers in China employed by a European-based multi-national corporation. Factor analysis reveals four groups of motives: “reward and recognition”, “reputation and promotion”, “making a contribution” and “interest and sense of achievement”. The results of multiple hierarchical regression show the influence of working climate on “making a contribution” and “interest and sense of achievement” motivation factors. Implications for patent management are discussed.

     

A systematic approach to improve downstream single-cell analysis for the DEPArray™ technology

Most commercially available STR amplification kits have never been fully validated for low template DNA analysis, highlighting the need for testing different PCR kits and conditions for improving single-cell profiling. Here, current strategies rely mainly on adjusting PCR cycle number and analytical threshold settings, with a strong preference for using 30 amplification cycles and thresholds at 30–150 RFU for allele detection. This study aimed to (1) determine appropriate conditions for obtaining informative profiles utilizing a dilution series, and (2) test the outcome on single cells using the DEPArray™ technology. Four routinely applied forensic STR kits were compared by using three different amplification volumes and DNA dilutions down to 3.0 pg, while two well-performing kits were used for single/pooled leucocyte and sperm cell genotyping. Besides reduced costs, the results demonstrate that a 50%–75% PCR volume reduction was beneficial for peak height evaluation. However, this was counteracted by an increased artifact generation in diluted DNA volumes. Regarding profile completeness, the advantage of volume reduction was only prominent in samples processed with Fusion 6C. For single and pooled cells, ESIFast and NGMDetect provided a solid basis for consensus profiling regarding locus failure, although locus dropouts were generally observed as stochastic events. Amplification volume of 12.5 μL was confirmed as appropriate in terms of peak heights and stutter frequencies, with increased stutter peaks being the main artifact in single-cell profiles. Limitations associated with these analyses are discussed, providing a solid foundation for further studies on low template DNA.     

All part of the process? A qualitative examination of change in online child pornography behaviors

Over the past two decades, there has been increased attention on offending behaviors and motivations of child pornography offenders (CPOs). Although existing research has provided a knowledgeable foundation in regard to this offending subpopulation, the literature has been relatively limited on examining changes in offender behaviors and motivations. This study used interviews with 25 online CPOs in a southern state to identify themes underlying offending behaviors and motives at onset, as well as, continuation of offending over time. We found that offenders reported various circumstances (ranging from intentional to unintentional) and motivations (including thrill-seeking and attraction) at onset; however, CPOs reported thrill-seeking and attraction to be the most common factors driving their continued offending. We applied these themes to the existing literature on child pornography offending and recommended directions for future research. Based on our findings, we offered considerations for the treatment of CPOs.     

Foster children＇s right to family： A description and analysis of the legislative approach in Sweden

This paper emphasizes the foster children＇s right to family life and investigates whether change of custody and guardianship to foster parents is a successful option to achieve this right. Using CRC as the base for my definition of the right to family I will include the right to continuity, well-being and a family environment in the understanding of the term ＂right to family＂ in this article. These rights may, primarily, be fulfilled by the child＇s parents, and, if necessary for the best interest of the child, be complemented or substituted by foster or adoption parents. The analysis of different solutions concerning state interventions will base on Swedish law. In Sweden, a child in need of help or assistance as a result of abuse, neglect, or other inappropriate behavior in the home setting may be helped by the Social Welfare Committee-voluntarily or by a court order-in the child＇s home or a foster home. Other alternatives contain judicial involvement by changing custody and guardianship or making a decision for adoption. Since many years ago, the most commonly used alternative for children needing long term placements outside their homes in Sweden has become foster care. This development of many long-term placements has been criticized for not fulfilling the needs of the children, especially their needs for family continuity, stability and well-being. As a consequence, an amendment to the Social Services Act 200l was enacted in 2003 which states that the Social Services Committee shall consider the ＂permanence＂ of foster care by changing custody and guardianship to the foster parents three years later since a child starts in foster care, and every six months thereafter, as long as the child remains in the foster parents＇ care. Assuming that the foster parents are fit and willing to become custodians and guardians, and the child views the foster home as his or her home, the District Court can decide to change the custody and the guardianship to the foster parents. The assessment is to be based solely on the best interest of the child, and not on the fitness or wishes of the original custodian. However, can changing the custody and guardianship assist foster children＇s right to family？ This paper elaborates on this question by describing a legal reform in Sweden.     

Post-mortem examination prior to cremation--an instrument to verify the quality of medical post-mortems and uncover non-natural deaths?

The external post-mortem examination, its deficient quality and possible causes have been the subject of numerous political and professional discussions. The external post-mortem examination is the basis for the decision whether further criminal investigations are required to clarify the cause of death. It is thus an essential instrument to ensure legal certainty. Before cremation, a second external post-mortem examination is performed by a public medical officer to make sure that errors of the first post-mortem are corrected. In the present study, cases were retrospectively analyzed in which a forensic autopsy had been ordered on the basis of the results of the post-mortem examination performed before cremation. The entries on the death certificate regarding the manner and cause of death were compared with the autopsy results. Between 1998 and 2007, 387 autopsies were ordered after external examination before cremation. In 55 cases (14.2%), the autopsy revealed a non-natural death, although a natural death had been attested on the death certificate. In descending order, a wrong manner of death was attested by clinicians, general practitioners and emergency physicians. With regard to the place where the first external post-mortem had been performed the lowest error rate was seen in nursing homes. Concerning the cause of death, discrepancies between the first post-mortem and autopsy were found in 59.4% of the cases. In this respect, general practitioners and clinicians were ranking first, whereas in nursing homes the cause of death was wrongly assessed in over 70% of cases. At present, the medical post-mortem does not meet the required quality standards, especially with regard to legal certainty. Determination of the cause of death on the basis of the external post-mortem examination is a challenging task even for the experienced medical examiner. As to the categorization of the manner of death it has to be stated that non-natural deaths are often not recognized or that the possibility to certify a death as unclear is not sufficiently used. As a result, it seems important to demand intensive, qualified, additional training in external post-mortem examinations for physicians.     

The role of soft law in advancing the rights of persons with disabilities in the EU: A ‘hybridity’ approach to EU disability law

This article discusses the role of soft law in advancing the rights of persons with disabilities in the European Union (EU). In doing so, it revisits the emergence of the standalone, yet cross-cutting, field of ‘EU disability law’ through the lens of the ‘hybridity theory’ advanced inter alia by Trubek and Trubek. Being speculative in nature, this article construes EU disability law as a fruitful area for an enquiry into the dynamic relationship between hard and soft law. Until the entry into force of the Treaty of Amsterdam, soft law was crucial to attract disability within the sphere of action of the EU and to embed the social model of disability, displaying a value-setting role. In the post-Amsterdam period, soft law and hard law coexisted, being complementary to one another. Both contributed to a common objective, namely that of advancing equality of opportunities for persons with disabilities. After the conclusion of the UN Convention on the Rights of Persons with Disabilities, the dynamic relationship between hard and soft law has become more complex and akin to what Trubek and Trubek define as ‘transformation’.