Looking for needles in a haystack: Key issues affecting children's rights in the General Data Protection Regulation

The EU General Data Protection Regulation (GDPR) devotes particular attention to the protection of personal data of children. The rationale is that children are less aware of the risks and the potential consequences of the processing of their personal data on their rights. Yet, the text of the GDPR offers little clarity as to the actual implementation and impact of a number of provisions that may significantly affect children and their rights, leading to legal uncertainty for data controllers, parents and children. This uncertainty relates for instance to the age of consent for processing children's data in relation to information society services, the technical requirements regarding parental consent in that regard, the interpretation of the extent to which profiling of children is allowed and the level of transparency that is required vis-à-vis children. This article aims to identify a number of key issues and questions – both theoretical and practical – that raise concerns from a multi-dimensional children's rights perspective, and to clarify remaining ambiguities in the run-up to the actual application of the GDPR from 25 May 2018 onwards.     

Changes in illicit cocaine hydrochloride processing identified and revealed through multivariate analysis of cocaine signature data

For nearly 30 years, the methods utilized in illicit cocaine hydrochloride production have remained relatively consistent. Cocaine hydrochloride is typically produced one kilogram at a time. As a result, each individual kilogram is unique and distinct from other kilograms in any particular seizure based on the total alkaloid profile, occluded solvent profile, and isotopic signature. Additionally, multi-kilogram cocaine seizures are often comprised of cocaine from several different coca growing regions. There has been a documented shift in this type of processing based on the recent analysis of a large cocaine seizure in the Eastern Pacific. Signature analyses of samples from 21 kg randomly selected from a 517 kg seizure were virtually identical. Triplicate analyses of each sample via gas chromatography with flame ionization detection, static headspace gas chromatography mass spectrometry, and isotope ratio mass spectrometry were completed. An initial outlier evaluation of the data and an in-depth univariate analysis indicated there was no statistically significant difference among the 21 samples at the 95% confidence interval. Principal components analysis did reveal consistent minor deviations between the samples and known authentic data from the Nariño coca growing region of Colombia. These deviations were only observed on the latter principal components and could be explained by differences in solvent selection during cocaine hydrochloride processing. Chemical analyses in addition to a thorough statistical evaluation suggest a shift in the traditional small-batch method of cocaine processing to a multi-kilogram, high throughput approach.     

Ethnic Identity and Mental Health in American Indian Youth: Examining Mediation Pathways Through Self-esteem,and Future Optimism

Mental health functioning in American Indian youth is an understudied topic. Given the increased rates of depression and anxiety in this population, further research is needed. Using multiple group structural equation modeling, the current study illuminates the effect of ethnic identity on anxiety symptoms, depressive symptoms, and externalizing behavior in a group of Lumbee adolescents and a group of Caucasian, African American, and Latino/Hispanic adolescents. This study examined two possible pathways (i.e., future optimism and self-esteem) through which ethnic identity is associated with adolescent mental health. The sample (N = 4,714) is 28.53 % American Indian (Lumbee) and 51.38 % female. The study findings indicate that self-esteem significantly mediated the relationships between ethnic identity and anxiety symptoms, depressive symptoms, and externalizing behavior for all racial/ethnic groups (i.e., the total sample). Future optimism significantly mediated the relationship between ethnic identity and externalizing behavior for all racial/ethnic groups and was a significant mediator between ethnic identity and depressive symptoms for American Indian youth only. Fostering ethnic identity in all youth serves to enhance mental health functioning, but is especially important for American Indian youth due to the collective nature of their culture.     

PGTandMe: social networking-based genetic testing and the evolving research model

The opportunity to use extensive genetic data, personal information, and family medical history for research purposes may be naturally appealing to the personal genetic testing (PGT) industry, which is already coupling direct-to-consumer (DTC) products with social networking technologies, as well as to potential industry or institutional partners. This article evaluates the transformation in research that the hybrid of PGT and social networking will bring about, and--highlighting the challenges associated with a new paradigm of "patient-driven" genomic research--focuses on the consequences of shifting the structure, locus, timing, and scope of research through genetic crowd-sourcing. This article also explores potential ethical, legal, and regulatory issues that arise from the hybrid between personal genomic research and online social networking, particularly regarding informed consent, institutional review board (IRB) oversight, and ownership/intellectual property (IP) considerations.     

Die Vertretung der AG bei Rechtsgesch?ften mit dem Vorstand (§ 97 Abs 1 AktG). (1. Teil)

"Der Aufsichtsrat ist befugt, die Gesellschaft bei der Vornahme von Rechtsgesch?ften mit den Vorstandsmitgliedern zu vertreten [und gegen diese die von der Hauptversammlung beschlossenen Rechtsstreitigkeiten zu führen]." In den letzten Jahren haben sich einige Vertreter der Lehre von der bis dahin einhellig vertretenen Auslegung von § 97 Abs 1 AktG abgewendet. Sie pl?dieren für ein Vertretungsmonopol des Aufsichtsrates bei Rechtsgesch?ften der Gesellschaft mit Vorstandsmitgliedern. Dem eigentlich klaren Wortlaut von § 97 Abs 1 AktG wird dabei mittels einer fragwürdigen teleologischen Reduktion ein Inhalt beigemessen, den er nicht hat.     

The Nairobi Declaration: Redefining Reparation for Women Victims of Sexual Violence

This paper explores the contribution of the Nairobi Declarationon the Right of Women and Girls to a Remedy and Reparation tothe problem of delivering justice through reparation programmesfor women victims of sexual violence in conflict situations.It highlights that this civil society initiative is particularlysignificant because it gives voice to women and girls who aresurvivors of sexual violence. Placed in the context of the recentadoption by the United Nations' General Assembly of the BasicPrinciples and Guidelines on the Right to a Remedy and Reparationfor Victims of Gross Violations of International Human RightsLaw and Serious Violations of International Humanitarian Law,the Nairobi Declaration redefines reparation and guides policy-makingto implement the right to reparation specifically for victimsof sexual violence. The concept of reparation as a transformativeand participative process put forward in the Nairobi Declarationconstitutes its most innovative and inspiring contribution.     

Social Capital, Rehabilitation, Tradition: Support for Restorative Justice in Japan and Australia

This paper investigates the attitudes and beliefs that the public hold about criminal behaviour in Japanese and Australian society, with a view to uncovering sources of resistance to, and support for, restorative justice. The study draws on a survey of 1,544 respondents from Japan and 1,967 respondents from Australia. In both societies, restorative justice met with greater acceptance among those who were (1) strong in social capital, (2) believed in offender reintegration and rehabilitation, (3) saw benefits for victims in forgiveness, and (4) were advocates for victims?? voices being heard and amends made. The alternative ??just deserts?? and deterrence models for dealing with crime were grounded in attitudes of punitiveness and fear of moral decay, and reservations about the value of reintegrating and rehabilitating offenders. Like restorative justice supporters, ??just deserts?? and deterrence supporters expressed concern that victims?? voices be heard and amends made. Winning public support for competing institutional arrangements may depend on who does best in meeting expectations for meeting the needs of victims.