Reconstructing consumer privacy protection on‐line: a modest proposal

Problems with consumer trust and confidence in the Internet as a safe environment in which to shop, browse and associate are well documented, as are the correlations between this lack of consumer trust and fears about privacy and security online. This paper attempts first to show why existing legal and extra‐legal modes for the protection of privacy online are failing to protect consumers and promote consumer trust. In particular it critiques the European regime of mandatory data protection laws as outdated and inappropriate to a world of multinational corporatism and ubiquitous transnational data flows via cyberspace. In the second part lessons are drawn from the crisis currently faced by intellectual property in cyberspace, particularly in reference to MP3 music files and peer‐to‐peer downloading and useful parallels are drawn from the solution devised by William Fisher of the Berkman Centre, Harvard, in the form of an alternative payment scheme for copyright holders. Finally, the insights drawn from Fisher's work are combined with original proposals drawn from a comparison of the consumer–data collector relationship in cyberspace with the roles played by truster, trustee and beneficiary in the institution of common law trust. The resulting ‘modest proposal’ suggests that a ‘privacy tax’ be levied on the profits made by data collectors and data processors. This could fund no‐fault compensation for identified ‘privacy harms’, improve public privacy enforcement resources, provide privacy‐enhancing technologies to individuals, satisfy the desire of commerce for less data protection‐related internal bureaucracy and possibly create the conditions for better promotion of consumer trust and confidence. The uptake of electronic commerce would thus be significantly enhanced.     

Employee assistance programs: an employer's guide to emerging liability issues

Increasing numbers of employers are implementing employee assistance programs (EAPs) designed to assist employees with personal issues that affect their work performance. Studies show that EAPs can dramatically increase employee productivity, but the benefits from EAPs have been accompanied by a less welcome development: lawsuits filed against employers by employees who allege that they suffered harm in the course of obtaining services through their employers' EAPs. Although the potential for liability will always exist, the employer that adheres to certain guidelines will be able to minimize its risk and make its EAP well worth the investment.     

Complaints and findings by the Press Ombudsman on the ANC and ANC-led government: A case study

Abstract

A growing crisis of confidence between the ANC and the ANC-led government and the press came to a head in 2010/11. The ANC suggested the creation of a statutory press tribunal and supported the Protection of Information Bill, both regarded as an infringement on freedom of the press by critics. Parallel to this, a review process of the voluntary self-regulation system took place, followed by another commission on press self-regulation. The result was a new system of ‘independent co-regulation’, which was implemented on February 1, 2013. This article takes a step back to investigate the possible reasons why the ANC and the ANC-led government were so critical of the old system of self-regulation. The success (or lack thereof) experienced by the ANC and the ANC-led government in their complaints to the Press Ombudsman could arguably have played some role in shaping their views. It was found that of the total of 593 cases dealt with in the period August 2007 to August 2011, 91 were lodged by representatives of one or another government entity and the ANC, accounting for 15 per cent of the total. The Ombudsman upheld the highest number of government complaints compared to other complainant types, but this only came to 14 per cent. This is regarded as noteworthy, considering one of the ANC's major criticisms, namely that the ombudsman was biased towards the press in his rulings. This finding was, however, not conclusive in any way. While the full findings may be of some value to determine, in conjunction with other factors, why the ANC and the ANC-led government were so critical towards the press, we also need to seriously consider the reality that their philosophical position(s) regarding press freedom and responsibility (which underpins self-regulation), may be steeped in other normative media positions.