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.     

Allocating responsibility among controllers,processors, and “everything in between”: the definition of actors and roles in Directive 95/46/EC

In Opinion 1/2010, the Article 29 Data Protection Working Party has provided additional guidance concerning the concepts of ‘controller’ and ‘processor’ contained in Directive 95/46/EC. This guidance aims to assist practitioners in their determination of whether an entity is acting as a controller or as a processor towards a particular data processing operation. Despite the fact that this opinion is informative, the existing framework still appears to leave room for a considerable amount of legal uncertainty. This uncertainty is attributable in part to the nature of the existing concepts, but also (and perhaps to a larger extent) to their apparent misalignment with current processing realities. In this paper, the author seeks to articulate why the existing concepts often remain difficult to apply in practice, in order to enable a constructive reflection on how these issues might be addressed in the future.     

Trust in the information society

Trust is an important feature for all users of the Internet who rely on the safety and security of network technologies and systems for their daily lives. Trust, or the lack of it, has also been identified by the European Commission’s Digital Agenda as a major barrier to further development of the information society in Europe. One of the areas in which concerns have been raised is in relation to children’s safety online. As a result, substantial efforts have been made by policymakers and by the industry to build greater trust and confidence in online digital safety. This paper examines what trust means in the context of children’s use of the Internet. Should policy on trust enhancement, for instance, include children’s own trust in the technologies or services they use or is it sufficient to seek to reinforce parental and adult confidence that children can be adequately protected? What is required to build that trust from either perspective? Does it need, or should it include a relationship of trust between parents and children? To tease out these questions further, the paper examines current European Union policy frameworks on digital safety, particularly industry responses to the call for a more trusted Internet environment for children, and argues that technical solutions to be effective need to carefully balance a number of competing objectives and to be sufficiently grounded in evidence of parental and child experience of the Internet.     

Mexico's Southern Flank: The “Third” U.S. Border

Mexico's crime-ridden southern frontier has become a veritable third U.S. border, as a constant flow of Central Americans and others cross into Mexico, often en route to the United States. As the number of unlawful migrants surges, their characteristics are changing: recent apprehensions include nationals of Caribbean, Middle Eastern, and Asian nations, and foreigners linked to terrorism are using Mexico as a thoroughfare to the United States. Mexico's immigration department is hindered by a number of factors in stanching this flow, and Mexican officials have only begun to publicly recognize the severity of the problem. Washington, too, must wake up to the security threat posed by Mexico's soft underbelly.     

North Korea: The Case for Strategic Entanglement

North Korea is a state shrouded in secrecy, yet it receives an enormous amount of media attention. Its reclusive nature makes analysis difficult and speculative. What is certain is that a dangerous stalemate regarding nuclear weapons has persisted for far too long and is an obstacle to any real change in the political system. History, culture, and ideology all rule the state's actions; it is therefore a mistake to assume North Korean negotiators can act with autonomy. A new and dynamic means to deal with this dilemma should be developed, for the past has demonstrated that threats and demands will not coerce Pyongyang into submitting, in fact, that approach will only exacerbate the problem. An effective means to move beyond the stalemate is needed.