Bioinformatics and genetic privacy: The impact of the Personal Data Protection Act 2010

Bioinformatics refers to the practise of creation and management of genetic data using computational and statistical techniques. In Malaysia, data obtained from genomic studies, particularly for the purpose of disease identification produces a tremendous amount of information related to molecular biology. These data are created from DNA samples obtained from diagnostic and research purposes in genomic research institutes in Malaysia. As these data are processed, stored, managed and profiled using computer applications, an issue arises as to whether the principles of personal data privacy would be applicable to these activities. This paper commences with an illustration of the salient features of the Personal Data Protection Act 2010. The second part analyses the impact of the newly passed Personal Data Protection Act 2010 on the collection of DNA sample, the processing of data obtained from it and the profiling of such data. The third part of the paper considers whether the various personal data protection principles are applicable to the act of DNA profiling and the creation of bioinformatics.     

Significant extension to the ASA’s remit allows members of the public and rival businesses to complain via the ASA about statements made on webpages and social networking sites

On 1st March 2011, the scope of the CAP Code was extended, giving the Advertising Standards Authority significantly expanded powers to regulate marketing claims made by advertisers on their own websites and in other non-paid-for space under their control, such as social networking sites and company blogs. The ASA’s extended remit will apply to all sectors and all businesses and organisations which are operating from the UK, regardless of size, in a move to ensure the same standards of consumer and business protection in the digital space as in other media. The extension aims to plug a regulatory gap following a formal recommendation from a wide cross-section of UK industry.     

The Google conundrum: Perpetrator or facilitator on the net? - Forging a fair copyright framework of rights, liability and responsibility in response to search engine 2.0 - Part II: The Google Books Search Project

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a case study, this paper will look at the two main areas of dispute over the operations of information locator tools and services that either threatens search engine functionality and efficiency or weakens copyright holders’ exclusive rights. It proposes a concerted set of solutions through a reassessment and amendment of copyright law to optimize the social benefits and objectives of both the copyright regime and technological innovations in the electronic model of information archiving, indexing and delivery. A fair distribution of responsibilities and allocation of rights and liabilities will be suggested. In the process, due consideration will be given to both public and private interests, with the former taking precedence; while the recommended solutions will be made within the currently outdated framework for Internet intermediary protection (i.e. safe harbor laws) and exceptions (i.e. specific statutory exemptions and the general fair use defense) under the existing copyright regime. Thus, the proposed changes will be far reaching without being too radical a departure from current law, an evolution that will likely be more acceptable and realistic a solution to the problem.This paper is published in two parts. Part One of this paper published in the previous edition of the CLSR at [2011] 27 CLSR 110-131 dealt with the challenges to the copyright regime posed by the operations and technology behind the Google Images Search Engine, while Part Two will assess the benefits of the Google Books Search Project vis-à-vis the effects it will have on the scope of copyright protection. Recommendations are made to copyright law to accommodate both functions while generally preserving the main objectives of copyright protection.     

English High Court decides that “making available” over the internet only occurs in the jurisdiction where the servers are based

The English High Court has considered the meaning of “making available to the public” by online transmission in the context of database rights and has determined that the act of making available is only committed in the country where the host server is located, and not the country where the material is accessed by the public.     

Planning for the succession of digital assets

Estate planners’ current strategies for the disposition of digital assets are quickly becoming out-dated. This is largely the result of ambiguities concerning proprietary rights of digital assets after death. When advising clients on how to plan for the succession of digital assets, it is important for estate planners to understand the nature of digital assets today and to recognize how these assets may evolve. In failing to take into account the evolving nature of digital assets, estate planners are liable to craft short-sighted and thus ineffective succession plans. As the popularity of digital executor businesses increases, estate planners ought to caution clients on their shortcomings. Additionally, legislatures must create statutes which outline the rights of individuals vis-à-vis online service providers.     

Insider dealing and market abuse: The UK’s record on enforcement

Insider dealing has been unlawful in the UK since 1980 and market abuse, of which insider dealing is just one form, since 2000. It is from this time when the Financial Services Authority (FSA) was established and the creation of these as civil offences that they could be pursued rigorously. It is the purpose of this article to examine the FSA’s record of enforcement relative to (i) its estimated level of occurrence and (ii) the US experience.     

Fraud and recessions: Views from fraudsters and fraud managers

While a link is often made between the economy and crime levels, the evidence suggests that characteristics of an adverse economic climate can lead to either an increase or a decrease in crime. In this paper the impact of the recession on fraud is examined. This work is based on work undertaken by the author with fraud managers (via three group discussions), and interviews with sixteen fraudsters in prison. The findings underline the need for caution in making a link between increased levels of fraud and an adverse economic climate. More research is needed in this area to examine what types of offences, or what characteristics of them are most likely to be affected by poor economic conditions.     

当代中国政治制度与文化软实力发展

文化软实力包括制度文化软实力和观念文化软实力两个部分,优越的政治制度本身就是制度文化软实力的体现。当代中国政治制度具有文化软实力特征:对内有凝聚力,对外有一定的吸引力。但是,当代中国政治制度也面临一些困境。只有走出困境,才能更好地展现中国政治制度的文化软实力。     

Historical apologies as acts of symbolic inclusion – and exclusion? Reflections on institutional apologies as politics of cultural citizenship

Institutional apologies for historical injustices can be conceived as acts of symbolic inclusion directed to people whose collective experiences and memories of the past have not been recognized in the hegemonic narratives of the past. However, in this article it is argued that such apologies also have exclusionary potential as vehicles of symbolic politics of citizenship in that they may designate the apologizing community, so that it effectively excludes cultural ‘aliens’, like migrants, from the community of ‘remedial’ citizens. The article suggests a crucial point is the rhetoric shifts when one is appealing to both cultural and political solidarity, as when apologizing in the name of the state but simultaneously invoking ‘our’ nation and ‘our’ history. Thus, the increasing number of institutional historical apologies is not necessarily incompatible with the trend of reinforcing the symbolic boundaries around ‘our’ historical–cultural communities that has been visible recently, e.g. in the demands for cultural canons and citizenship tests in many Western societies.     

Validation of Ultrastructural Analysis of Mitochondrial Deposits in Cardiomyocytes as a Method of Detecting Early Acute Myocardial Infarction in Humans*

Abstract: In the present study, ultrastructural analysis of mitochondrial deposits (black dots within mitochondria) as a method for the detection of early acute myocardial infarction (AMI) was evaluated. In 24 patients with AMI and six controls, analysis was performed in the heart of infarcted patients and noninfarcted controls. In the infarction area in lactate dehydrogenase (LDH)‐diagnosed AMI, the percentage of positive mitochondria was significantly higher compared to corresponding heart tissue in control patients and compared to noninfarcted areas within these patients. Also in patients with a clinically diagnosed AMI but no LDH decoloration, a significant higher percentage of positive mitochondria was found in the left ventricle compared to controls and noninfarcted areas. In patients with AMI, an increase in mitochondria with deposits was found in the infarction area compared to controls and noninfarcted tissue within the same patient, suggesting that electron microscopical changes in mitochondria can be used for the diagnosis of AMI less than 3 h old.