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.     

Serum biochemical markers in drowning: diagnostic efficacy of Strontium and other trace elements

The aim of our study was to analyse several serum biochemical markers in order to evaluate the discriminant capacity of trace elements individually and jointly in drowning (seawater drowning and freshwater drowning) and their correlation with age, sex, postmortem interval, time in water and concentrations of the trace elements in the drowning medium. Sixty-seven cases of drowning (53 seawater drownings (SWD); 14 freshwater drownings (FWD) and 73 control cases (other asphyxias, n=44, and other causes of death, n=29) were selected according to the scene, cause and circumstances of death, together with autopsy findings. Serum strontium (Sr), magnesium (Mg), sodium (Na), chloride (Cl), calcium (Ca), iron (Fe), urea, creatinine (Cr) and cardiac Troponine T (cTn-T) were measured in the left ventricle (Lv), right ventricle (Rv) and peripheral blood. Lv-Rv differences for each marker and Sr, Mg, Na, Cl, Ca and Fe concentrations in the drowning medium were determinated. Mean concentrations of Sr, Cl and Mg in both ventricles and peripheral serum and Lv-Rv differences and Ca Lv and Na Rv were significantly higher in cases of drowning than for other causes of death. In SWD, Sr, Mg, Ca, Na and Cl were significantly higher in Lv than in Rv as a result of aspirating water. In contrast, haemodilution is evident from the significantly higher levels of Fe and urea in Rv than in Lv in cases of SWD, and from the higher Mg and Cr levels in Rv in FWD. In the case of SWD, serum levels of Sr are confirmed as the best parameter for diagnosis, although other trace elements may also be useful, such as the serum concentrations of Mg and Cl. In the case of FWD, the joint determination of Sr and other biochemical markers, especially Fe, may increase correct diagnosis.     

Laryngeal teflonoma identified by Fourier-transform infrared microspectroscopy after forensic autopsy: an interesting tool for foreign material identification in forensic cases

Forensic pathologists are sometimes confronted with microscopic foreign bodies mixed in with soft tissues surrounding wounds and which are thus difficult to identify. This identification, however, could be primordial in investigating a crime and in determining the weapon used. A case of a fatal respiratory distress syndrome due to conjoining suicidal drug intoxication and laryngeal obstruction by a voluminous foreign body giant cell granuloma is presented. The classical histological examination showed exogenous particles in the vocal cord tumor with birefringent qualities. Their analysis with Fourier-Transform infrared (FTIR) spectrometry coupled with infrared microscope allows the determination of their chemical nature as polytetrafluoroethylene and to the diagnosis of teflonoma. This case report put the emphasis on the forensic interest of the FTIR imaging.     

Are there population differences in minutiae frequencies? A comparative study of two Argentinian population samples and one Spanish sample

In recent years, both scientific and judicial sources have highlighted the need for more knowledge about minutiae variability, in order to improve their statistical application to fingerprint identification. In line with this trend toward improving our knowledge of this subject, the aim of the present study was to calculate the frequency with which 20 types of minutiae appeared in 2780 fingerprint impressions obtained from 278 individuals from two Argentinian population samples (100 individuals from Ramal and 178 from Puna-Quebrada). The different types of minutiae were located, identified, and quantified visually in two areas on the fingerprint, the inside and outside of a circle, the radius of which cut fifteen ridges perpendicularly, starting from the center cut of the axes defining the sectors. The non-equiprobability found in both population samples for the different minutiae types studied demonstrated that the evidential weight provided by these characteristics is not the same when applied in identification processes, whether used quantitatively (numerical standard) or qualitatively (holistic method). The results obtained for both populations were compared statistically with those published previously for a Spanish population sample, which had been collected using the same methodology. This comparison has enabled us to demonstrate, for the first time, the existence of significant differences between populations in minutiae frequencies, independently from the main pattern type.     

La répartition du pouvoir de. décision dans ľadministration pubhque: ľapport de la théone de ľorganisation

Sommaire. Dans une première partie, cet article donne un compte rendu des différents concepts reliés au problème de la répartition du pouvoir de décision dans les organisations. ?auteur distingue trois niveaux: la répartition du pouvoir de décision dans les systèmes ?organisations; la répartition du pouvoir de décision au sein ?une organisation; et la participation des employés et des usagers à la prise de décision. La seconde partie discute du degré de centralisation du pouvoir de décision dans ?administration publique. On y traite du pouvoir des organismes gouvernementaux, de la délégation du pouvoir de décision dans les administrations publiques et de ?autonomie des employés. En conclusion, ?auteur discute de la nécessité de décentraliser la prise de décision dans ?administration publique et des conditions nécessaires au succès ?une telle expérience. Abstract. The first part of this paper reviews the many concepts related to the problem of the distribution of decision-making power in organizations. The author distinguishes three levels of analysis: the distribution of decision-making power in systems of organizations; the distribution of decision-making power within an organization; and the participation of employees and clients in the decision-making process. The second part addresses the question of the degree of centralization of decision-making power in the public sector. The author focuses on three aspects: the power of governmental organizations, the delegation of decisionmaking authority in public organizations, and the employees' autonomy. In conclusion, the author discusses the necessity to decentralize the decisionmaking process in the public sector and reviews the conditions under which such an experience could be successful.     

Spain

European Journal of Political Research -     

关于东欧剧变和社会发展道路的思考

首先向中国朋友们表示问候。我很荣幸应邀参与《当代世界》杂志关于东欧剧变等重要问题的讨论并发表个人粗浅之见。     

Weber Reading Stammler: What Horizons for the Sociology of Law?

This article asks whether the two studies by Max Weber that form his Critique of Stammler are by now only marginal to a study of Weber's work, of historical interest only, given that Rudolf Stammler has long since been relegated to almost complete obscurity. Or could they still lead to a better understanding of the thought of Max Weber? This article argues that the Critique of Stammler offers a still‐relevant contribution to sociological reflection, particularly about law, and valuable guidance for distinguishing normative legal orders from empirical ones, and measuring the causal influence of the former on the latter.     

Flexibility in the implementation of intellectual property rights in agricultural biotechnology

In this paper I discuss the fact that economists define optimal IP rights as a continuum of options in three dimensions: height, breadth and length. At the operational level we see the impossibility of multiplying rights indefinitely (due to prohibitive transaction costs), as well as the use of a limited number of IP tools which have led to the implementation of flexibilities. These flexibilities are designed to limit certain perverse effects of rights ill-adjusted to the characteristics of some economic sectors (agricultural biotechnologies, pharmacy, etc.). In this context, I analyse how these flexibilities are implemented in TRIPS and TRIPS+ agreements and I study the consequences for Developing Countries.     

Disobedience and Criticism. The Ethos of Ombudsman's Institution and the "East-European Revolution of Human Rights"

The commissioners of human rights in the Parliament aim at ensuring the protection and formation as well as the development of the culture of human rights with their activities in Hungary and all over the world. What else could be done by the citizens practising their disobedience during the non-violent revolutions in 1989 after Mahatma Gandhi, Martin Luther King and the American Henry David Thoreau? At a first glance, it perhaps seems to be strange to put the following question: what is the connecting link between the role of political law of a public state and the citizens breaking the rules in order to protect the constitutional rights? What will be the result of this comparison? I think, the result is that we can recognize the role of both functions more thoroughly in operating the constitutional state suitably in order to protect the culture of constitutional rights (reactive role) and to develop them (proactive role).