The ‘right to be forgotten’ or the ‘principle that has been remembered’

The Court of Justice of the European Union (CJEU) has ruled on questions referred by a Spanish court relating to interpretation of the Data Protection Directive and its application to search engine activities. In a controversial judgment, the CJEU found that search engines are data controllers in respect of their search results; that European data protection law applies to their processing of the data of EU citizens, even where they process the relevant data outside the EU; and that a ‘right to be forgotten’ online applies to outdated and irrelevant data in search results unless there is a public interest in the data remaining available and even where the search results link to lawfully published content.     

Keeping mum about dad: "contracts" to protect gamete donor anonymity

This article considers the legal status of so-called contracts for anonymity between fertility clinics and donors of gametes that were made in the period before legislation authorising disclosure. It notes that while clinics frequently cite the existence of these "contracts" to argue against retrospective legislation authorising disclosure of the donor's identity, they may be nothing more than one-sided statements of informed consent. However, the article notes that even if an agreement between a donor and a clinic is not contractual, it does not follow that a person conceived through assisted reproductive technology has any right of access to the identity of the donor. The writer has not been able to locate examples of written promises by the clinics promising anonymity. There are written promises by the donors not to seek the identity of the recipients. These promises do not bind the resulting offspring nor do they appear to be supported by consideration. The article suggests that the basis for any individual donor to restrain a clinic from revealing their identity may be found in promissory estoppel. Nevertheless, there is no real issue in Australia concerning clinics revealing these details absent legislative authority. The issue is whether parliaments will legislate to authorise the disclosure. The article notes that it would be rare for parliaments to legislate to overturn existing legal contracts but suggests that the contract argument may not be as strong as has been thought.     

European and Asian responses to the US-led ‘war on terror’

This article seeks to establish a context for the other contributions to this special issue. Using the lens of strategic culture, the article tries to explore how states from Europe and Asia have responded to the US-led ‘war on terror’. It argues that the nature of the threat from international terrorism requires states in Europe and Asia to develop a range of external and internal policy responses. Europe has been able to react to this changing strategic environment more successfully because of the pre-existing pattern of interstate cooperation as well as the organizational framework of the European Union. The United States has been more successful in imposing its counterterrorism priorities upon particular Asian states due to the absence of mature frameworks for international cooperation within the region.     

Terror in Ireland—and Britain's response

Abstract

Reacting to the last of four distinct terrorist cam‐paigns in Northern Ireland, the British Parliament in 1973 passed the Northern Ireland (Emergency Provisions) Act, which was amended in 1974. The act marks the first time in United Kingdom statute law that terrorism is defined as the use of violence for political ends. British efforts are aimed at the development of the police to the point where the military is no longer required. Terroristic acts in Great Britain, usually connected with Northern Irish affairs, have led to the introduction of the Prevention of Terrorism (Temporary Provisions) Act, the powers of which are also described in this paper. The author also discusses the problem of the safeguarding of civil liberties as well as the European Convention on the Suppression of Terrorism, drawn up by the Council of Europe.