European Court of Justice rules on the protection of databases under the Database Directive (96/9/EC)

The European Court of Justice has ruled on the circumstances in which databases may be protected by the Database Directive. In a decision that renders the protection of databases a narrow concept, the ECJ appears to have introduced a new requirement that a database must comprise its author's “creative ability” in order to qualify for protection as a copyright work.     

Psychopathy, traumatic exposure, and lifetime posttraumatic stress

This study examined two theoretical models on the interaction between psychopathy, traumatic exposure, and lifetime posttraumatic stress in a sample of 81 male detainees. In Model 1, the interpersonal and affective features of psychopathy were assumed to protect against posttraumatic stress. In Model 2, the lifestyle and antisocial traits of psychopathy were assumed to lead to a lifestyle that increases the risk of traumatic exposure and subsequent posttraumatic stress. The authors found significant negative bivariate associations between Psychopathy Checklist-Revised (PCL-R) total, Interpersonal and Affective facet scores, and posttraumatic stress. Model 1 was confirmed, as they found the interaction between the Affective facet and traumatic exposure had a significant negative effect on posttraumatic stress. Model 2 was rejected. The authors' findings confirm that the interpersonal and affective features of psychopathy are associated with an emotional deficit and that the affective features of psychopathy are crucial for understanding the relationship between psychopathy and anxiety.     

Legal grounds to process personal data under Spanish legislation after the ECJ Judgment of 24 November 2011 (the ASNEF and FECEMD case)

Spanish law on personal data protection regulates (among other issues) the legal bases that permit the processing of data in a way that is similar to that set out in Directive 95/46/EC. Consent constitutes the general rule although data may be processed without it if necessary for administration functions, within the framework of a contractual relationship, in order to safeguard the vital interests of the data subject or if they are included in sources accessible to the public. However, unlike the Directive, legitimate interest is not recognised as an independent reason for processing data, whereas a legal ground that is not set out in community law is included, i.e., sources accessible to the public. This paper analyses these two cases, taking as its starting point consent, along with the consequences that the ECJ Judgment of 24 November 2011 regarding the interpretation of Article 7 of Directive 95/46/EC may have and giving attention to the revision of this Directive itself.     

Data protection in Malaysia and Hong Kong: One step forward,two steps back?

Continuing rapid developments in information communication technology has led to an ever increasing amount of personal information being collected, processed, stored and used, without the individual even knowing about it. For countries which have domestic legislation relating to privacy and data protection, it has afforded the opportunity for a review. For others, it has opened up the opportunity to legislate. The aim of the paper is three-fold. First, the paper aims to deal with data protection regime in Malaysia and in Hong Kong by examining the salient features of the newly enacted Malaysia's Personal Data Protection Act 2010 and the recent recommendations for legislative reform to the Personal Data (Privacy) Ordinance in Hong Kong. Second, it considers whether the laws are more concerned with legitimising data protection practices of organizations and businesses rather than the protection of individuals' privacy interests. Finally, the paper briefly considers whether the laws adequately address the impact to individuals' data privacy brought about by technological advancements before providing a conclusion.     

Personal data protection in employment: New legal challenges for Malaysia

The purpose of this article is to discuss and apply data protection principles in the context of employment. The Personal Data Protection Act (PDPA), passed by the Malaysian Parliament in 2010, has affected many aspects of life in Malaysia, including employment. Storage of data by employers is rampant. Management, as the data user, is duty bound to safeguard the employees' data according to the PDPA. Likewise, the employees, as data subjects, enjoy some rights under the PDPA. The author also examines issues of privacy law: whether such law exists in Malaysia and, if so, whether it can be reconciled with the PDPA's principles. The author adopts legal methodology anchored in exploratory analysis, with the legislative text as the main reference point.     

Identification and synthesis of by-products found in 4-methylthioamphetamine (4-MTA) produced by the Leuckart method

The synthesis of the designer drug 4-methylthioamphetamine (4-MTA) has been carried out using the well-known Leuckart reaction in four versions. The treatment of 4-methylthiophenylacetone with formamide, mixture of formamide/formic acid, ammonium formate, and mixture of ammonium formate and formic acid followed by acid hydrolysis brought about the formation of 4-MTA contaminated with a number of impurities. The gas chromatography mass-spectrometry (GC-MS) analysis of the reaction mixtures allowed identification of the most prominent impurities, such as diasteromers of N,N-di-[β-(4-methylthiophenyl)isopropyl]amine, N,N-di-[β-(4-methylthiophenyl)isopropyl]methylamine, N,N-di-[β-(4-methylthiophenyl)isopropyl]formamide, the Schiff bases derived from 4-MTA and 4-methylbenzaldehyde (benzaldimine) and 4-methylthiophenylacetone (ketimine) as well as some heterocycles: 4-methyl-5-(4'-methylthiophenyl)pyrimidine, 4-(4'-methylthiobenzyl)pyrimidine, 2,6-dimethyl-3,5-di-(4'-methylthiophenyl)pyridine, 2,4-dimethyl-3,5-di-(4'-methylthiophenyl)pyridine. The correctness of identification was confirmed by independent synthesis of these compounds. Each synthesized reference compound was characterized by means of MS, (1)H and (13)C NMR, and IR methods. The stereochemistry of (RR/SS) diasteromer of N,N-di-[β-(4-methylthiophenyl)isopropyl]amine was confirmed by a crystallographic method.     

Examining the relationship between male rape myth acceptance, female rape myth acceptance, victim blame, homophobia, gender roles, and ambivalent sexism

The relationship between male rape myth acceptance, female rape myth acceptance, attitudes toward gay men, a series of gender role and sexism measures, victim blame and assault severity were investigated. It was predicted that men would display more negative, stereotypical attitudes than women and that male rape myth endorsement would be related to, and predicted by, the other attitude and attribution scales. Respondents comprised 323 undergraduates (146 males and 177 females) from a large University in the Northwest of England. Results broadly conformed to predictions, with men generally more negative than women, and male rape myth acceptance significantly related to female rape myth acceptance, negative attitudes about gay men, gender role attitudes, and victim blame. Furthermore, male rape myth acceptance was predicted by female rape myth acceptance, gender attitudes, and victim blame. Methodological issues and implications for future work and those working with victims are discussed.     

Racially conditional donation: the example of umbilical cord blood

While direction of donated tissue to family members has long been accepted, direction to members of specific racial groups has been opposed, on the basis that it is discriminatory and contrary to the ethos the institution of organ donation seeks to promote. It has, however, recently been proposed that racially conditional donation may provide a useful--and ethically acceptable--way to address the social inequalities and injustices experienced by certain cultural groups. This article examines the ethical, legal and cultural arguments for and against racially conditional donation, concluding that the practice is more likely to undermine the values of equity and justice than to promote them and that it may also lead to other unfavourable personal and social outcomes.     

Independent Discretion or Democratic Legitimisation? The Relations between National Regulatory Authorities and National Parliaments under EU Regulatory Framework for Network‐Bound Sectors

The European legislator, being supported in that regard by the Court of Justice, confers upon national regulatory authorities (NRAs) the exercise of the most important tasks concerned with the regulation of the network‐bound sectors, while at the same time guarantees NRAs a far‐reaching independence in exercising of their discretionary powers and shielding NRAs against other public authorities, including national parliaments. This, in turn, raises many doubts from the perspective of some essential constitutional principles of the Member States, such as, among others, ‘the domain of the law,’ which reserves the regulation of issues sensitive to the citizens as an exclusive parliament's prerogative. It is submitted in this article that national parliaments should play a much more active role in regulating the network‐bound sectors. The main point is to strengthen the protection of fundamental rights of regulated parties and create the real democratic legitimisation of NRAs, while not undermining those regulatory objectives that are already accorded at the EU level.