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.     

Acute fatal acetaminophen overdose without liver necrosis

Two unusual cases of suicidal overdose of acetaminophen (paracetamol) without the usual extensive centrilobular necrosis of the liver are reported. Both cases were subjected to comprehensive drug screening by immunoassay, and a combination of gas chromatography with mass spectrometry, nitrogen detection, and electron capture detection. Acetaminophen was detected in both cases. No other drugs were detected in case #1, and only a small amount of olanzapine (<0.1 mg/L) was detected in case #2. No anatomical cause of death was identified in either case. If untreated, the normal outcome of a large acetaminophen overdose would be massive hepatic necrosis with delayed death and low blood and tissue acetaminophen concentrations. In contrast, particularly high postmortem acetaminophen concentrations were measured in both our cases with little hepatic tissue damage. For case #1, femoral blood acetaminophen 1280 mg/L, vitreous 878 mg/L, and liver 729 mg/kg; in case #2, cardiac blood 1220 mg/L, vitreous 779 mg/L, liver 3260 mg/kg, and gastric 11,500 mg/500 g. Acetaminophen was measured using high performance liquid chromatography with UV detection (254 nm) using 3-hydroxyacetanilide as the internal standard. The very high concentrations of acetaminophen is these cases but relatively little hepatic damage suggests an alternative, possibly cardiac, mechanism of death.     

Bioterrorism: processing contaminated evidence, the effects of formaldehyde gas on the recovery of latent fingermarks

In the present age of heightened emphasis on counter terrorism, law enforcement and forensic science are constantly evolving and adapting to the motivations and capabilities of terrorist groups and individuals. The use of biological agents on a population, such as anthrax spores, presents unique challenges to the forensic investigator, and the processing of contaminated evidence. In this research, a number of porous and nonporous items were contaminated with viable anthrax spores and marked with latent fingermarks. The test samples were then subjected to a standard formulation of formaldehyde gas. Latent fingermarks were then recovered post decontamination using a range of methods. Standard fumigation, while effective at destroying viable spores, contributed to the degradation of amino acids leading to loss of ridge detail. A new protocol for formaldehyde gas decontamination was developed which allows for the destruction of viable spores and the successful recovery of latent marks, all within a rapid response time of less than 1 h.     

In Search of the Nature and Function of Fiduciary Loyalty: Some Observations on Conaglen's Analysis

Fiduciary law is in a state of flux. We know that the core obligationof a fiduciary is an obligation of loyalty, but we are lesssure what ‘fiduciary loyalty’ encompasses. We knowa fiduciary has duties not to profit or put himself in positionsof conflict, but how these duties interact with other non-fiduciaryduties (whether tortious or contractual or otherwise) is moredifficult to discern. Against this background, Conaglen hasmade a recent contribution to our understanding of the fiduciarydoctrine. He suggests that fiduciary loyalty offers a subsidiaryand prophylactic form of protection for non-fiduciary duties.This article considers his analysis, and argues that it is notsupported by case law and creates a number of inexplicable implicationsfor the fiduciary doctrine. In view of these difficulties, Conaglen'sanalysis should be rejected.     

Latent profiles among sexual assault survivors: implications for defensive coping and resistance

Rape resistance trainings need to prepare women to recognize and resist sexual assault across a range of experiences and contexts. To help address this need, this research used an investigation of 415 college women who completed a survey about their situational responding to an experience of acquaintance sexual assault. A previously established person-centered analysis model of four distinct risk and protective factor profiles was used to investigate the variability in women's responding. The profiling factors included women's prior victimization, alcohol consumption, relationship expectancies of the assailant, and assertive precautionary habits. Multivariate ANOVA was used to test for differences among the four profile groups on their cognitive, emotional, and behavioral responding. Results showed that the profile groups significantly differed in their assault responses. The findings highlight the utility of holistic, multivariate analyses for understanding women's sexual assault responses and help inform tailored resistance and empowerment trainings.     

Fast cars,fast food,and fast fixes: industry responses to current ethical dilemmas for Australian advertisers

• This paper reviews three ethical dilemmas currently facing advertisers for cars, fast food and pharmaceuticals in the U.S., U.K. and Australia, and discusses Australian industry responses to these dilemmas. In Australia, as in the U.S. and U.K., the main response mechanism for advertisers has been the introduction of self‐regulatory codes of practice. It is important to note that in a number of cases there is no conclusive evidence of the argued harm from advertising that is subsequently banned or regulated. A review of the general and trade press, and the records of the Australian Advertising Standards Board, finds that industry responses tend to be based on industry rather than community concerns, with the primary motive being to avoid deleterious outcomes for the industry rather than for society as a whole.

Copyright © 2007 John Wiley & Sons, Ltd.     

The use of crossover immunoelectrophoresis to detect human blood protein in soil from an ambush scene in Kosovo

This study examines the survivability of human blood proteins in soils from a year and a half old ambush scene in Kosovo. A total of 72 soil samples were collected, a number of which were directly associated with bone fragments or bullet projectiles. The samples were examined using crossover immunoelectrophoresis (CIEP) to determine the presence of blood protein and species affiliation. Human blood proteins were identified in 44 of the 72 samples (61%) with the majority of the positive observations (29 of 44) found 0.0-4.5 cm below ground surface (65%). Chi-squared and two-sample difference of proportions tests confirmed significant differences between samples with and without associated physical evidence and the presence and depth of human blood proteins. While DNA has largely replaced immunological analysis in forensic analyses, our results suggest that in particular situations, CIEP may still be a valuable tool in criminology.     

Preliminary Observations on the Ability of Hyperspectral Imaging to Provide Detection and Visualization of Bloodstain Patterns on Black Fabrics

Abstract: The analysis of bloodstain patterns can assist investigators in understanding the circumstances surrounding a violent crime. Bloodstains are routinely subjected to pattern analysis, which is inherently dependent upon the ability of the examiner to locate and visualize bloodstain patterns on items of evidence. Often, the ability to properly visualize bloodstain patterns is challenging, especially when the stain patterns occur on dark and/or patterned substrates. In this study, preliminary research was performed to better understand how near‐infrared reflectance hyperspectral imaging (HSI) could be used to observe bloodstain patterns on commonly encountered black fabrics. The ability of HSI to visualize latent bloodstains on several commonly encountered substrates is demonstrated. The images acquired through HSI are of sufficient quality to allow for differentiation between stains produced from an impact mechanism or a transfer mechanism. This study also serves as a proof of concept in the differentiation of multiple staining materials. Because of its ability to generate spectral data, the data provide a preliminary separation of stains where more than one type of stain existed.     

Predictors of eyewitness identification decisions from video lineups in England: A field study

Eyewitness identification decisions from 1,039 real lineups in England were analysed. Identification procedures have undergone dramatic change in the United Kingdom over recent years. Video lineups are now standard procedure, in which each lineup member is seen sequentially. The whole lineup is seen twice before the witness can make a decision, and the witness can request additional viewings of the lineup. A key aim of this paper was to investigate the association between repeated viewing and eyewitness decisions. Repeated viewing was strongly associated with increased filler identification rates, suggesting that witnesses who requested additional viewings were more willing to guess. In addition, several other factors were associated with lineup outcomes, including the age difference between the suspect and the witness, the type of crime committed, and delay. Overall, the suspect identification rate was 39%, the filler identification rate was 26% and the lineup rejection rate was 35%. (PsycINFO Database Record (c) 2012 APA, all rights reserved).     

Human Dignity in the EU Charter of Fundamental Rights and its Interpretation Before the European Court of Justice

This article argues that the EU Charter’s dignity provisions must be given a specific, expansive European meaning that underpins the importance the EU places on fundamental rights protection as a principle EU value. To this end, the article examines the EU Charter provisions on dignity and critically analyses the case law before the EU Charter had full legal effect and after it did. It finishes with looking at three areas in which the potential for an expansive interpretation of dignity could help bring the EU closer to its people and fully respect and protect dignity: asylum, criminal justice and sexual orientation.