个人数据隐私权“被商品化”的法律问题研究

数据主体因其个人数据隐私权＂被商品化＂而不胜其扰,传统隐私权法律保护的被动模式应当随着信息通信技术的发展而不断创新,即不仅关注对隐私权侵权行为的司法救济,更应当注重对用户隐私内容泄漏风险的事前防范、事中控制。因此,个人数据隐私权保护面临着法律架构上的创新,并在技术层面、用户层面以及政府监管三方面设置屏障以充分维护用户的合法权益。     

论大数据时代的不公开审理与隐私权保护

作为一种不能妥协的权利,隐私权具有基本人权属性,不公开审理是这项权利的制度保障.由于我国的不公开审理制度存在设计缺陷,使知情权、新闻自由权、辩护权对隐私权形成巨大冲击.为了从制度层面保护大数据时代脆弱而又珍贵的隐私权,需落实不公开审理的权利性质,规范法律文书披露内容,明确诉讼参与人的保密义务,约束新闻媒体合理行使权利.     

大数据时代的隐私危机及其侵权法应对

Web2.0标志着大数据时代的到来,也意味着隐私危机的到来:隐私侵权变得十分容易、普遍,行为方式变得更加隐秘,性质更难以确定,后果多样化且程度更严重,行为与结果之间的因果关系更松散。我国传统的间接保护隐私权的方式已远远落后于时代。为扩大隐私侵权救济之可能性,有必要重新构筑侵权规则:明确以隐私权保护而非个人数据保护为基点的路线;采取形式的隐私权定义加实质判断标准相结合的方法判定隐私利益的存在;扩张隐私损害结果的范围;适用过错推定原则以增加被侵权人胜诉之可能性。     

E-Commerce and Privacy Issues: An Analysis of the Personal Data Protection Bill

One of the concerns of e-commerce is the need to maintain users' privacy online. The usage of technical means to track down user's surfing and purchasing tendencies by the use of cookies, and sniffers to capture data while in the course of transmissions, has raised significant privacy issues. These anonymous data minings, although they may not necessarily bring harm to customers, nevertheless are a form of intrusion into one's privacy in cyberspace. In the US, the Federal Trade Commission has submitted a self-regulatory plan to require Web advertising companies to notify consumers of their Internet profiling activities and to give the customers the chance to choose whether information about Web activities and interests can be gathered anonymously. It is for this purpose that the Malaysian legislators devised the Personal Data Protection Bill. The importance of this is made clear in the explanatory statement of the personal data protection bill in Malaysia. The draft bill makes the law in Malaysia closer to the EU regime, which chooses legislation over self-regulation in this area. The purpose of this paper is to examine the nature, manner and scope of personal data protection under the Malaysian Bill.     

Coping with Electronic Data Discovery Issues

This article provides an overview of the steps a company should take if electronic discovery is requested from it during the course of litigation. Either by seeking a protective order or by inducing a motion to compel by objecting to the discovery requests, a ruling should be obtained from the court as to the parameters and limits of the requested discovery and who bears the cost of retrieving and producing the electronic data. If production is ordered by the court, the producing party must ensure through the use of formal review measures that any privileges protecting the data are not waived. While severe sanctions may be imposed on a party who destroys electronic evidence after litigation is initiated or when it is reasonably likely that litigation will ensue, a company may prevent a broad-scale, expensive production of electronic evidence by installing prior to any litigation a system of routine organization and disposal of non-essential electronic data.     

全球信息保密管理：在网络环境下的跨境信息流

美国隐私权项目与Paul M.Schwartz教授合作形成的《全球信息保密管理：在网络环境下的跨境信息流》报告,基于一系列结构化自我报告案例研究,介绍了六家公司计划及实施跨国个人信息保护的方案,展示了私人企业中国际信息安全的巨大变革,集中表现为三个方面：规模的改变,信息处理的转变,信息管理的转变。该报告提出,要致力于将案例研究与相关信息保护法政策研究有机结合,以寻求新的解决方案,其关键在于重视各项法规的具体实施,以及如何保证强有力的执行。     

数据驱动时代的数据隐私保护——从个人控制到数据控制者信义义务

在数据驱动时代,个人数据隐私引发广泛的担忧。基于个人具有隐私自我管理能力的假定,立法者建构了一套沿袭传统个人主义隐私观的数据隐私保护法律框架。这种强调个人控制的立法取向高估了个人在数据实践中的自治能力,难以应对数据时代的隐私挑战。可考虑将信义义务引入新型的数据关系之中,要求自动驾驶汽车制造商、其他智能交通服务提供者以及数据驱动的其他商业场景中的数据控制者以数据受托人身份管理或处分其占有的个人数据,强化其数据受托职责,以弥补个人在隐私管理中的能力不足。     

Making the Case: Using a Living and Historic Cultural Universe Big Data System as a Knowledge-Based Foundation for Sustaining and Recapitalizing the Cultural Sector

The cultural sector needs information to support recapitalization efforts. However the majority of existing studies all point to a knowledge gap within the sector: how to evaluate the amount of capital that can be raised. Through big data, we now have the ability to understand the “universe” of support to the cultural sector. In a test employing over two million data cells from 2007 onward for cultural organizations in Charlotte, North Carolina, the author has found evident patterns and predictors for sector support as a foundation for recapitalization, making the case for big data.     

Forgetting the First Amendment: How Obscurity-Based Privacy and a Right to Be Forgotten Are Incompatible with Free Speech

The privacy of personal information on the Internet has received special attention recently in both the United States and the European Union, and legislative and regulatory proposals regarding the reform privacy law abound. This article examines several prominent theories that undergird the American First Amendment and attempts to demonstrate that the concept of a privacy interest arising out of the obscurity of information, as a social normative principle, and the right to be forgotten, as a legal mechanism concerned with the European idea of dignity-based privacy, are fundamentally at odds with the right of freedom of speech.     

死缓变更死刑相关立法问题研究

目前理论及实务界对死缓制度的关注始终集中在死缓裁量的法律适用,对死缓执行变更关注较少,《刑法修正案(八)》对《刑法》第50条作出了必要的修改,但是并未改变死缓变更死刑立即执行条件过苛的现状,围绕死缓执行变更法律适用的司法困惑依旧存在。改变"故意犯罪"作为死缓变更死刑立即执行的条件,完善相关问题立法成为趋势使然。     

有关巨额财产来源不明罪的几个问题

“司法机关无法查清巨额财产的真实来源”和“非法获取巨额财产”不是巨额财产来源不明罪的客观要件 ,本罪的行为只能是不作为 ,不作为特定义务的来源是司法人员的责令。行为人受到责令时 ,如实说明其巨额财产来源于贪污、受贿 ,不能视为自首。行为人的本罪被定罪判刑后 ,又查明其以本罪判处刑罚之涉案财产为贪污、受贿所得 ,则应根据不同情况分别处理。国家工作人员的亲属可构成本罪共犯。为弥补本罪之立法缺陷 ,应直接将本罪以贪污或受贿罪论处。     

Automating Administrative Systems in a Law School Teaching Clinic: Designing a Computer System to Process Case and Time Data for Management and Research

The authors describe the design and installation of a computerized administration system in a law school clinic. The automated system gathers, maintains, and reports data about the cases and the activities of clinical teachers and students. It is found that automated case and time data systems can improve the quality of client service and education and simultaneously support empirical research. The authors propose that a national coding protocol for computer management systems be established to facilitate uniform data gathering about clinical education.     

Incapacitation: Revisiting an Old Question with a New Method and New Data

We use the National Longitudinal Survey of Youth 1997 to obtain estimates of the number of crimes avoided through incapacitation of individual offenders. Incarcerated individuals are matched to comparable non-incarcerated counterparts using propensity score matching. Propensity scores for incarceration are calculated using a wide variety of time-stable and time-varying confounding variables. We separately analyze juvenile (age 16 or 17) and adult (age 18 or 19) incapacitation effects. Our best estimate is that between 6.2 and 14.1 offenses are prevented per year of juvenile incarceration, and 4.9 to 8.4 offenses are prevented per year of adult incarceration.

Investigating Treatment Effects in a Domestic Violence Experiment with Partially Missing Outcome Data

This paper considers the problem of estimating the magnitude of a treatmenteffect in a randomized experiment where the outcome is missing for somecases. The primary concern in such situations is that the distribution ofthe outcome variable may vary in important ways between individuals whoseoutcomes are observed and individuals whose outcomes are missing. Since thedata cannot be used to resolve this concern, it is necessary to take theuncertainty that is created by the missing data into account when developinginferences about the magnitude of the treatment effect. This paper considersa modeling framework that accomplishes this objective. Then, the proposedframework is applied to a study of the effectiveness of different types ofpolice responses to spouse assault incidents in Charlotte, North Carolina.     

Data registers in respiratory medicine: a pilot project evaluating compliance with privacy laws and the National Statement on Ethical Conduct in Research Involving Humans

This article reports on data from a small pilot survey evaluating the compliance of voluntary databases in respiratory medicine with privacy laws and the National Health and Medical Research Council's National Statement on Ethical Conduct in Research Involving Humans. The increasing complexity of privacy law, including the recent private sector amendments, creates many challenges for database administrators. The impact of privacy laws upon voluntary or non-statutory databases, and upon doctors reporting patient data to such databases, is far from straightforward. The article suggests way in which the law might be adapted in order to better facilitate the role of voluntary data registers in health research and public health surveillance, while still protecting the privacy of patient information. The article also briefly considers how database administrators might "future-proof" their existing data holdings to ensure compliance with legal and ethical standards.     

The Outbreak of Fentanyl‐Related Deaths in Cook County,Illinois, Between October 2015 and December 2017: A Retrospective Study and a Comparison with Previous Data

The National Institute on Drug Abuse has observed an increase in fentanyl deaths in the United States. One epidemic related to the abuse of fentanyl happened in Cook County in 2005–2007 (350 deaths). Another outbreak of fentanyl deaths occurred in 2015–2017 in the same area. The database of the Cook County Medical Examiner's Office was searched for cases of fentanyl deaths between 2015 and 2017: 1244 deaths were found. A comparison was performed with the previous data: an increase in the number of females was observed in 2015–2017. Also, in 2005–2007, the majority of deaths occurred among African American, while in 2015–2017, Caucasians were more involved. Within our population, some drug combinations were more common in specific demographic subgroups (male/females; Caucasian/African American; and certain age groups). The epidemiology and the most significant drug associations found at the toxicology are discussed, highlighting the usefulness of the knowledge about this outbreak for public health.     

Privacy Act of 1974; matching program--HCFA. Notice of a matching program--the Internal Revenue Service (IRS), the Social Security Administration (SSA), and HCFA--disclosure of IRS taxpayer identity and filing status information to be matched with SSA earned income information for Medicare beneficiaries and their spouses

As required by Section 6202 of the Omnibus Budget Reconciliation Act of 1989 (OBRA 1989), Public Law 101-239, the Department of Health and Human Services is providing public notice that the IRS and the SSA will disclose certain information regarding the taxpayer identification and filing status and the earned income of Medicare beneficiaries and their spouses for HCFA's use in identifying Medicare secondary payer (MSP) situations. This will enable HCFA to seek recovery of identified mistaken payments that were the liability of another primary insurer or other type of payer. The matching report set forth below is in compliance with the Computer Matching and Privacy Protection Act of 1988 (Pub. L. No. 100-503).