Understanding the notion of risk in the General Data Protection Regulation

The goal of this contribution is to understand the notion of risk as it is enshrined in the General Data Protection Regulation (GDPR), with a particular on Art. 35 providing for the obligation to carry out data protection impact assessments (DPIAs), the first risk management tool to be enshrined in EU data protection law, and which therefore contains a number of key elements in order to grasp the notion. The adoption of this risk-based approach has not come without a number of debates and controversies, notably on the scope and meaning of the risk-based approach. Yet, what has remained up to date out of the debate is the very notion of risk itself, which underpins the whole risk-based approach. The contribution uses the notions of risk and risk analysis as tools for describing and understanding risk in the GDPR. One of the main findings is that the GDPR risk is about “compliance risk” (i.e., the lower the compliance the higher the consequences upon the data subjects' rights). This stance is in direct contradiction with a number of positions arguing for a strict separation between compliance and risk issues. This contribution sees instead issues of compliance and risk to the data subjects rights and freedoms as deeply interconnected. The conclusion will use these discussions as a basis to address the long-standing debate on the differences between privacy impact assessments (PIAs) and DPIAs. They will also warn against the fact that ultimately the way risk is defined in the GDPR is somewhat irrelevant: what matters most is the methodology used and the type of risk at work therein.     

The pedagogy of legal reasoning: democracy,discourse and community

Learning legal reasoning is a central part of any undergraduate law degree and remains a threshold concept: one which is vital for any law student to grasp, but which is often difficult to explain. It is a form of reasoning which is very distinctive to the discipline. This article explores the applicability of learning theories typically used to ground pedagogy in higher education to the specific task of teaching legal reasoning. Constructivist or experiential theories of learning are widely used in higher education, but they need to be used with a clear focus on the specific nature of legal reasoning, which does not fit neatly within the assumptions about learning which underpin many constructivist approaches. Situated learning theories, which place emphasis on the role of the community in constructing knowledge, can also be of value. However, steps need to be taken to avoid replicating the hierarchy of the legal community within educational communities. Overall, the pedagogy of legal reasoning needs to pay attention to the specific nature of legal reasoning, to enable students to access the discourse of the legal community to use as a model, and to take students seriously as members of that community.     

Book reviews

Ackerman B &; A Alstott, The Stakeholder Society. New Haven and London: Yale University Press, 1999. 296pp. ISBN: 0–300–07826. US$26.00. http://www.yale.edu/yup

Adedeji A (ed.), Comprehending and Mastering African Conflicts: The Search for Sustainable Peace and Good Governance. London: Zed Books, in association with the African Centre for Development and Strategic Studies, Ijebu‐Ode, 1999. 377pp. ISBN: 1–85649–763–1. US$27:50. http://www.zedbooks.demon.co.uk

Berkovitch N, From Motherhood to Citizenship: Women's Rights and International Organisations. Baltimore: The Johns Hopkins University Press, 1999. 207pp. ISBN: 0–8018–6028–8. US$34.95. http://www.press.jhu.edu/ press/index.html

Bourgia R &; SG Miller (eds), In the Shadow of the Sultan: Culture, Power and Politics in Morocco. Massachussets: Harvard University Press, 1999. 310pp. ISBN 0–932885–20–9. £12.50. http://www.hup.harvard.edu

Cohen R &; Westbrook R (eds.), Armana Diplomacy . Baltimore: John Hopkins University Press, 2000. 307pp. ISBN: 0–8018–6199–3. US$57.00. http://www.press.jhu.edu

Cullather N, Secret History: The CIA's Classified Account of its Operations in Guatemala. Stanford: Stanford University Press, 1999. 142pp. ISBN: 0–8047–3311–2. US$39.50. http://www.sup.org

De Cerreno ALC &; A Keynan, Scientific Co‐operation, State Conflict: The Roles of Scientists in Mitigating International Discord. Edited conference papers published as Volume 866 of Annals of the New York Academy of Sciences. New York, 1999, 281 pp, ISBN: 1 57331 203 7, US$27,00. Http://www.press.jhu.edu

Donoso BP, Across the Footsteps of Africa: The Experiences of an Ecuadorian Doctor in Malawi and Mozambique. Trenton: Africa World Press, 1999, 242pp. ISBN: 0–86543–640–1. US$19.95. http.//www.africanword.com

Drèze J, The Economics of Famine, An Elgar Reference Collection, Cheltenham, UK: Edward Elgar, 1999. pp. 524. ISBN: 1–85898–689–3. £130. http://www.e‐elgar.co.uk

Emmett T, ‘A study of the development of a movement of national liberation in Namibia, between 1915 and 1966’, in Popular Resistance and the Roots of Nationalism in Namibia, 1915–1966. Basel, Switzerland: P Schlettwein Publishing, 1999. 420pp. ISBN: 3–908193–03–6. Swiss F55. http://www.baslerafrika.ch/bns.htm

Gaubatz K T, Elections and War: The Electoral Incentive in the Democratic Politics of War and Peace. Stanford, California: Stanford University Press, 1999. 208pp. ISBN: 08047–3566–2. US$45.00. http://www.sup.org

Hawken P, Lovins AB &; LH Lovins, Natural Capitalism: The Next Industrial Revolution. London: Earthscan Publications Ltd, 1999. 396pp. ISBN: 1–85383–461–0. £18.99. http://www.earthscan.co.uk

Herbst J, States and Power in Africa: Comparative Lessons in Authority and Control. Princeton: Princeton University Press, 2000, 280pp. ISBN: 069–10–10285. US$17.95. http://www.pupress.princeton.edu

Jett DC, Why Peacekeeping Fails. New York: St Martin's Press, 2000, 236pp. ISBN: 031–22269–85. US$49.95. http://www.stmartins.com

Hodgson G, Evolution and Institutions: On Evolutionary Economics and the Evolutions of Economics . Cheltenham: Edward Elgar, 1999. 345pp. ISBN: 1–85898–813–6. £55.00. http://www.e‐elgar.co.uk

Guha S, Environment and Ethnicity in India: 1200–1991. Cambridge: Cambridge University Press, 1999. 217pp. ISBN: 0–521–64078–4. £35.00. http://www.cup.cam.ac.uk

Iheduru OM, The Politics of Economic Restructuring and Democracy in Africa. London: Greenwood Press,1999. 169 pp. ISBN: 0–313–30833–0. £37.50. http://www.greenwood.com

Jain PC, Indians in South Africa: Political Economy of Race Relations. Delhi: Kalinga Publications, 1999. 175 pp. ISBN: 81–85163–102‐X. US$80.00.

Kathadra A, Letters from Robben Island: A Selection of his Prison Correspondence, 1964–1989. Bellville and East Lansing: Mayibuye Books and Michigan State University Press, 1999. 263pp. ISBN: 087–01352–79 R120.00. http://www.msu.edu/unit/msupress/index.htm

Middleton N &; D Thomas (eds), World Atlas of Desertification. United Nations Environment Programme, 2^nd edition. London: Arnold, 1997.182pp. ISBN: 0–340–69166–2. http://www.unep.org     

The Press Freedom Commission in South Africa and the regulation of journalists online: Lessons from Britain and Australia

Abstract

The last few years have seen several attempts to strengthen press regulation in various parts of the world, while the difficulty of controlling online publication is arguably only increasing. In this article the focus is on recent suggestions for a new system of co-regulation of the press in South Africa, in order to see how online journalism is viewed and treated by regulators. In comparison, the article refers to suggestions in this regard by the Leveson Inquiry in Britain and two Australian press and media reviews. Reference is made to Flew and Swift (2013), who apply six main theories in three overlapping categories in debates on the role of journalism and its relationship to the state: fourth estate/market liberal; social responsibility/critical pluralist and dominant interest/radical. A literature review and a qualitative approach were used to identify and compare key debates in various reports from Australia, Britain and South Africa. While suggestions in Britain and Australia favoured an inclusive approach to the regulation of print and online journalism, the South African Press Freedom Commission rejected the idea, due to principle and practical objections. It also became clear that the key problem in the three countries lay in the inability to establish consensus between divergent perspectives on dominant interest and social responsibility, and the entrenched values of the fourth estate/market liberalism.     

The legitimization and institutionalization of ‘parental alienation’ in the Province of Quebec

ABSTRACT

This article examines the legitimization and institutionalization of ‘parental alienation’ discourse in the Province of Quebec, Canada. It draws upon an analysis of 31 documents (legislation, research reports and articles, training documents, professional documents and media articles) and interviews with 13 key informants, who were selected based on their knowledge of ‘parental alienation’ in research, policies or practices. The research findings reveal that the legitimization and institutionalization of ‘parental alienation’ discourse is a more recent process than in other provinces and countries, but that it has now permeated child custody as well as child protection proceedings. Academic researchers and media have been instrumental in this legitimization and institutionalization process, while the role played by changes to child protection policies is more ambiguous. The findings reveal researchers’ and experts’ tendency to distance themselves from Gardner’s controversial work on ‘parental alienation syndrome’ and to address the critiques by proposing new approaches and new concepts. However, the terms ‘parental alienation syndrome’, ‘parental alienation’ and ‘alienating behaviours’ are often used interchangeably, and assessment practices tend to rely on similar indicators.     

Quebec’s resilient redistribution model: Activation policies in the 2010s

Compared to the rest of Canada, Quebec has an ambitious and redistributive social model, which includes an elaborate set of Active Labour Market Policies (ALMP), with higher expenditures as a percentage of GDP, an encompassing coverage, and collaborative, multipartite governance arrangements. Since the 2008 recession, however, most OECD countries have implemented retrenchment measures, market enforcement, and individual action plans to their ALMP. Using provincial, federal, and OECD data and reports, this article maps the recent evolution of Quebec’s ALMP in light of these trends. Quebec’s model appears largely resilient, despite declining expenditures and modest concessions to conditionality in social assistance.     

使大学更像大学——现代大学与政府关系的一项重要原则

大学教育作为传播和创造人类明的事业其精神和品格无疑是高贵且神圣的然而这种作为大学特征的高贵性和神圣性，在我们现实的大学中却显得淡薄且逐渐被疏远，而与此精神相悖的功利主义，庸俗风气则日见昌盛，这无疑显现了大学中存在着深重的精神危机，要使大学显现出自身就有的高贵性和神圣性，就就该让大学像个大学，而大学更像大学的基本途径，就是对大学与政府之间行政性隶属关系的解构和致力于大学地自主办学的新制度创造。