The ‘Right to be Forgotten’ – Worth remembering?

In the last few years there has been a lot of buzz around a so-called ‘right to be forgotten’. Especially in Europe, this catchphrase is heavily debated in the media, in court and by regulators. Since a clear definition has not emerged (yet), the following article will try to raise the veil on this vague concept. The first part will weigh the right’s pros and cons against each other. It will appear that the ‘right to be forgotten’ clearly has merit, but needs better definition to avoid any negative consequences. As such, the right is nothing more than a way to give (back) individuals control over their personal data and make the consent regime more effective. The second part will then evaluate the potential implementation of the right. Measures are required at the normative, economical, technical, as well as legislative level. The article concludes by proposing a ‘right to be forgotten’ that is limited to data processing situations where the individual has given his or her consent. Combined with a public interest exception, this should (partially) restore the power balance and allow individuals a more effective control over their personal data.     

The ITS Directive: More than a timeframe with privacy concerns and a means for access to public data for digital road maps?

Roads are ever more congested, pollution keeps rising and traffic-related deaths remain at unacceptable levels. It is clear that society’s needs with regard to transportation and mobility have become unsustainable. Intelligent Transport Systems (ITS) are often heralded as a potential solution to this problem, yet have still to yield tangible results. The EU has, however, adopted the ITS Directive, aiming for an EU-wide implementation of ITS solutions. Three questions are raised. First, can the ITS Directive really provide for the required substantial provisions in this field? Second, as ITS solutions are often deemed to be pervasive and intrusive, how does the ITS Directive interact with the EU legal framework on privacy and data protection? Third, given the involvement of private commercial entities in the field of providing road, traffic and travel data, can a public–private partnership be found to allow for the re-use of both public and private sector data in ITS solutions?     

Testing for Contagion/Diffusion of Terrorism in State Dyads

This article reviews the new journal Critical Studies on Terrorism. The fashionable approach that this journal adopts towards the contemporary phenomenon of terrorism maintains that a “critical” and “self-reflexive” approach to the study of terrorism reveals a variety of shortcomings in the discipline. These range from a distorting over-identification with the Western democratic state perspective on terrorism to a failure to empathize with the misunderstood, non-Western, “other.” This review examines whether the claims of the critical approach adds anything, other than pedantry and obscurity, to our understanding of the phenomenon. It concludes that it does not.     

Asia-Pacific news

This column provides a country-by-country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications’ industries in key jurisdictions across the Asia-Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.     

Some technological implications for ascertaining the contents of contracts in web-based transactions

This paper points out some unexpected relationships between specific aspects of contract law and specific Internet-related technologies. The discussion is not about the interplay between “Law” and “Technology,” or the “Law” and the “Internet.” The aim is modest: to identify some theoretical chokepoints created by the technologies involved in web-based commerce and to point out the legal uncertainties persisting in this area. The analysis is confined to the process of contract formation, not to matters of substantive law. It is during this process that parties assume their contractual obligations and the contents of a contract crystallize.     

The development of a new risk model: The Threat Matrix

The risk assessment of sex offenders has evolved rapidly over a 20‐year period. However, there is still disparity between empirically evaluated approaches and the needs within the applied context. This article discusses the division between the current needs in the applied setting of sex offender risk assessment, and the existing approaches to risk assessment. It highlights key needs that ought to be responded to, to continue the evolution of sex offender risk assessment (i.e., increased automation of processes, additional emphasis on early identification and prevention, and the targeting of resources towards risk). A new risk assessment model termed the Threat Matrix is introduced as a proposed response to these needs. The new model uses information derived from police systems to make proactive assessments of those who may pose a risk of sexual violence, but who have not been convicted of sexual offences. The practical and ethical implications of implementing and testing this model are discussed.     

Effective Implementation Strategies of Differential Response in Child Welfare: A Comparative Case Analysis

Differential response is a growing approach in child welfare that aims to maintain children safely in their homes when possible. This study examined how the implementation of differential response varies between counties with improved child safety outcomes compared to counties with poorer outcomes. Data was collected from nine counties through semi-structured focus groups with workers and interviews with supervisors. Results indicated that counties with improved outcomes had integrated the following implementation strategies: use of comprehensive assessment protocols; integrated supervisory support and on-going coaching of effective practices; and increased mobilization of resources, including enduring supports for parents, supports to help families meet basic needs and culturally responsive services for families.