Legal grounds to process personal data under Spanish legislation after the ECJ Judgment of 24 November 2011 (the ASNEF and FECEMD case)

Spanish law on personal data protection regulates (among other issues) the legal bases that permit the processing of data in a way that is similar to that set out in Directive 95/46/EC. Consent constitutes the general rule although data may be processed without it if necessary for administration functions, within the framework of a contractual relationship, in order to safeguard the vital interests of the data subject or if they are included in sources accessible to the public. However, unlike the Directive, legitimate interest is not recognised as an independent reason for processing data, whereas a legal ground that is not set out in community law is included, i.e., sources accessible to the public. This paper analyses these two cases, taking as its starting point consent, along with the consequences that the ECJ Judgment of 24 November 2011 regarding the interpretation of Article 7 of Directive 95/46/EC may have and giving attention to the revision of this Directive itself.     

Serum cannabinoid levels 24 to 48 hours after cannabis smoking

Low concentrations of THC and 11-hydroxy-THC in serum samples are often claimed not to result from recent cannabis use. Prediction of time of exposure is difficult, especially if distinctive features of drug use could not be observed. Therefore, the aim of the study was to investigate the presence of THC and 11-hydroxy-THC in serum samples as well as to obtain preliminary data on the analyte profile for a time window of 24-48 hours after discontinuation of cannabis smoking. Serum samples from heavy (n = 12, > 1 joint/day), moderate (n = 11, < or = 1 joint/day) and light (n = 6, < 1 joint/week) smokers of cannabis were analyzed for THC, 11-hydroxy-THC and free THC-COOH by GC/MS as well as for glucuronidated THC-COOH by LC/MS-MS. The blood samples were collected 24-48 hours after abstaining from cannabis use. Additionally, 8 specimens were obtained from persons after discontinuation of the drug for more than 48 hours. During collection of the blood samples, distinctive effects due to drug use could not be observed. For heavy users of cannabis, THC was detectable in 8 samples, and in 5 cases both biologically active compounds, THC and 11-hydroxy-THC, were present (1.3-6.4 ng THC/mL serum, 0.5-2.4 ng 11-hydroxy-THC/mL serum). Among moderate users, in 1 sample 1.8 ng THC/mL serum and 1.3 ng 11-hydroxy-THC/mL serum were determined, and another sample was tested positive with low concentrations close to the limit of detection. In serum samples of light users both analytes could not be detected, indicating that in those persons a positive finding of THC and 11-hydroxy-THC may rather result from recent consumption than from cannabis use 1 or 2 days prior to blood sampling. The concentrations of THC-COOH and its glucuronide covered a wide range in all groups of cannabis users. However, there was a trend to higher concentrations in heavy users compared to moderate users, and the mean concentration was smaller in light smokers than in moderate smokers. Overall, the findings indicated that data from pharmacokinetic studies should be supplemented by data obtained from "real-life" samples.     

Tax policy and equipment leasing after TEFRA

The Tax Equity and Fiscal Responsibility Act of 1982 substantially modified the "safe harbor" leasing provisions enacted by the Economic Recovery Tax Act of 1981. In this Comment, Professors Warren and Auerbach argue that the modifications did not remedy the defects they identified in an earlier Article and that a new category of "finance leases" may prove to be nearly as valuable for some taxpayers as were safe harbor leases before the 1982 changes.     

Fatal suicide cases from 1991 to 2000 in Szeged,Hungary

The aim of this study is to analyze the fatalities due to suicide in the period of 1991–2000. The autopsy reports of 719 suicide cases during that period of the Department of Forensic Medicine, University of Szeged were reviewed retrospectively. The victim's age, sex, way of commitment, place of death, the presence of alcohol and drug influence and survival time were recorded.Five hundred and one of the (69.6%) total 719 suicide fatalities were men and 218 (30.4%) were women. The largest age groups were 41–50 in men, in women we experienced a ‘double-peak’ of age groups 41–50 and 71–80.The most frequent way of committal was hanging (46%). The results revealed that 38.8% of the 474 victims whose blood and/or urine alcohol concentration measurement were carried out consumed alcohol prior to the act.The presence of licit drugs in 12% of not drug-related cases were experienced.     

Sustaining freedom,security and justice – from terrorism to immigration

This article focuses on two areas central to sustaining freedom, security and justice: terrorism and immigration. Their inter-relationship and the instruments and measures adopted to prosecute them have significantly advanced judicial co-operation, communitisation of security, and re-assessment of the nature and requirements of EU governance in an EU committed to human rights, liberal democracy and realising sustainable freedom, security and justice. The article outlines the background to EU involvement in judicial co-operation. It then explores EU competence, instruments and measures developed to (i) combat terrorism and international organized crime; and (ii) immigration and asylum. It concludes that the inextricable linkage between the two has serious implications for future EU democratic governance. This revised version was published online in August 2006 with corrections to the Cover Date.     

Criminal Code of the Republic of Kazakhstan,No. 231-V of July 4, 2014 (with amendments and additions as of November 24, 2015)

This issue contains translation of Chapters 44–51 of the Criminal Procedure Code of the Republic of Kazakhstan, dealing with the judicial investigation, pleadings, and sentencing in the criminal trial, trial in cases of private prosecution, appellate proceedings, and execution of court decisions in criminal cases.     

Suicides by fall from height in Geneva,Switzerland, from 1991 to 2000

Suicides due to fall from height in Geneva from 1991 to 2000 were reviewed. Scene investigations, autopsy findings, psychiatric histories, and toxicology results were examined. There were 197 of these suicides, an incidence of five cases per 100,000 inhabitants per year or one fourth of all suicides in Geneva per year. Autopsies were performed on 33%, the rest had external examinations. Of the victims, 56% were female and 44% were male. The age distribution peaked at 20-29 years in men and 60-69 years in women. Most of the victims jumped from their home, the range of 2 to 7 stories being the most frequent height. Major injury sites, in decreasing frequency, were the thorax, abdomen, skull, vertebrae, pelvis and limbs. Psychiatric illness was reported in 38% of the cases. Toxicological analysis was performed in 25% of the cases and showed that the main drugs present were benzodiazepines, cannabis and antidepressant.     

Criminal Procedure Code of the Republic of Kazakhstan,No. 231-V of July 4, 2014 (with amendments and additions as of November 24, 2015)

This issue contains translated Articles 179-363 of the Criminal Procedure Code of the Republic of Kazakhstan, which define pretrial investigation and criminal proceedings in the trial-level courts.     

Criminal Procedure Code of the Republic of Kazakhstan,No. 231-V of July 4, 2014 (with amendments and additions as of November 24, 2015)

This issue contains translations of the remaining Articles 484–674 of the Criminal Procedure Code of the Republic of Kazakhstan, which define cassational review proceedings, reopening of cases in light of newly discovered circumstances, application of compulsory medical treatment, criminal misdemeanor proceedings, proceedings against minors and persons with immunity, international legal proceedings including extradition, procedural agreement with the defendant, jury trials, and pre-sentence confiscation of property of the defendant.     

Criminal Procedure Code of the Republic of Kazakhstan,No. 231-V of July 4, 2014 (with amendments and additions as of November 24, 2015)

This issue contains translated Articles 111-178 of the Criminal Procedure Code of the Republic of Kazakhstan covering issues of evidence and proof, measures of procedural coercion and property-related issues in criminal proceedings.