The proposed data protection Regulation replacing Directive 95/46/EC: A sound system for the protection of individuals

The recent release by the European Commission of the first drafts for the amendment of the EU data protection regulatory framework is the culmination of a consulting and preparation process that lasted more than two years. At the same time, it opens up a law-making process that is intended to take at least as much time. The Commission has undertaken the herculean task to amend the whole EU data protection edifice, through the introduction of a General Data Protection Regulation, intended to replace the EU Data Protection Directive 95/46/EC, and a Police and Criminal Justice Data Protection Directive, intended to replace the Framework Decision 2008/977/JHA. This paper shall focus at the replacement of the EU Data Protection Directive by the draft General Data Protection Regulation. Due to the fact that the draft Regulation is a long (and ambitious) text, a selection has been made, with the aim of highlighting its treatment of basic data protection principles and elements, in order to identify merits and shortcomings for the general data protection purposes.     

Data processing by police and criminal justice authorities in Europe – The influence of the Commission's draft on the national police laws and laws of criminal procedure

The proposal for a fundamental reform of the European data protection law, published by the EU Commission on 25 January 2012 is composed of two elements. Apart from a General Data Protection Regulation, the Commission proposes a second regulatory instrument, namely a Directive with regard to data processing by police and criminal justice authorities that shall supersede the Council Framework Decision 2008/977/JHA. This paper seeks to analyse the draft Directive in the context of the entire reform approach and scrutinizes a number of specific issues in regard to the scope, the requirements of data processing, notification duties and data transfer to third countries.     

论大治安之质量和谐

社会治安问题的产生原因、运行表现、防控措施都有个质与量的问题,都是质与量的统一。大治安应该达到质量和谐,应该从理论与实践的结合上把握好社会治安问题的整体饱和度、个体对比度,应该从理论与实践的结合上把握好公众容忍度、公众平衡度。     

大融合：社会治安管控战略的新构想——以河南省永城市为考察样本

在社会治安管控工程之中倡导＂大融合＂的思想,主要是指观念契合、资源整合和功能组合这三个方面的＂融合＂。政府及公安机关通过建立治安管控的理念更新、功能重组和目标管理等创新机制,全力促进社会资源的融会贯通,并共同整合于同一个调控体系之中,消解以＂三仇＂（仇官、仇警、仇富）为代表的社会敌意和社会疏离,在实现治安状况大幅度好转的同时,实现官民融合、警民融合、阶层融合、民族融合、社会融合的最终目标。     

法教义学观念的源流

从历史上看,教义学观念首先起源于古希腊医学,随后古希腊哲学和古罗马的"规则法学"继受了相关观点并予以创新。法教义学经中世纪注释法学与人文主义法学奠定雏形,并由理性自然法学说提供方法论基础。源流时期的法教义学观念保持了大体一致:在基本观念上,法教义被认为是用以表述法律的一般性规则或命题,具有权威性;在方法论上,法教义学被认为是公理演绎方法(几何学方法)构造出的概念-命题体系。这使得作为知识形态之法教义学有别于研究型思维、决疑术和论题学。澄清这一源流可以为当下的法教义学研究提供更为扎实的"历史的向度"。     

The right to data portability in the GDPR: Towards user-centric interoperability of digital services

The right to data portability is one of the most important novelties within the EU General Data Protection Regulation, both in terms of warranting control rights to data subjects and in terms of being found at the intersection between data protection and other fields of law (competition law, intellectual property, consumer protection, etc.). It constitutes, thus, a valuable case of development and diffusion of effective user-centric privacy enhancing technologies and a first tool to allow individuals to enjoy the immaterial wealth of their personal data in the data economy. Indeed, a free portability of personal data from one controller to another can be a strong tool for data subjects in order to foster competition of digital services and interoperability of platforms and in order to enhance controllership of individuals on their own data. However, the adopted formulation of the right to data portability in the GDPR could benefit from further clarification: several interpretations are possible, particularly with regard to the object of the right and its interrelation with other rights, potentially leading to additional challenges within its technical implementation. The aim of this article is to propose a first systematic interpretation of this new right, by suggesting a pragmatic and extensive approach, particularly taking advantage as much as possible of the interrelationship that this new legal provision can have with regard to the Digital Single Market and the fundamental rights of digital users. In sum, the right to data portability can be approximated under two different perspectives: the minimalist approach (the adieu scenario) and the empowering approach (the fusing scenario), which the authors consider highly preferable.     

How about me? The scope of personal information under the Australian Privacy Act 1988

A recent Australian Federal Court decision has raised the issue of the scope of information protected under the Australian Privacy Act 1988. The Court failed to adequately address this question, leaving Australians unsure as to whether sections of their information, such as the IP addresses allocated to their mobile devices, will be considered personal information under the Act. The main consideration the Court dealt with was what it means for information to be “about” an individual. In this paper I address two questions: a) how is information determined to be “about” an individual under the Act; and b) how should this determination be made in the future? I conclude that currently available guidance from the courts, the Australian Information Commissioner and scholarly commentary are inadequate to enable individuals, organisations and agencies to consistently make such determinations. Accordingly I draw on approaches to this question taken in Canada, New Zealand, the European Union and the United Kingdom to argue that the definition should be broadly interpreted in a technologically-aware manner. This will help to ensure that personal information is more comprehensively protected under the Privacy Act.     

The Effect of Negative Emotion on Licit and Illicit Drug Use Among High School Dropouts: An Empirical Test of General Strain Theory

General Strain Theory (GST) argues that drug use is one way adolescents mitigate negative emotions brought on by aversive environmental stimuli. To date, many of the empirical tests of the strain-drug use relationship have neglected to include measures of negative emotion, despite its prominence in GST's etiology of deviant behavior. The following study tests the mediating effects of despair on the strain-drug use relationship, evaluating the effects of parental reactions to leaving school on post-dropout drug use. The moderating effects of recency of dropout and gender of respondent are also considered. Results show that negative parental reactions to dropout affect drug use for females only, and that despair does not mediate this relationship. This type of negative affect has direct effects on drug use for both genders, rather than the indirect effects predicted by GST. These findings affirm prior research linking depressive negative affective states to drug use, but suggests that the relationship between strain and such emotional states is more complex than the theory suggests, particularly when the moderating effects of gender are considered.

国际秩序转型中的东北亚安全合作——地缘环境、意识形态与一般原则

东北亚正处于国际秩序再造的重要转型期,其独特的安全环境与安全结构,加之复杂的历史因素与意识形态,造成了这一地区巨大的安全压力。疏解东北亚安全压力的最佳方案是,规避狭隘的国家民族主义,倡导多边性质的区域主义,促成东北亚安全合作,建立东北亚安全新秩序。为此,必须坚持平等互利、互信协商、互相尊重和共同发展、循序渐进、开放性的原则。     

2008年大选后马来西亚政党政治的走势

2008年大选后,马来西亚执政党近四十年来在国会中的绝对优势被打破,一党独大制正在受到日益增大的转型压力.国民阵线面临着如何重塑执政合法性的问题,而反对党则会在加强联合的基础上进一步向执政党发起挑战.但在新的形势下执政党仍然具有较强的制度韧性,凭借其结构性优势还能继续执政,真正意义上的两线制或两党制短期内难以确立.