iCLIC Data Mining and Data Sharing workshop: The present and future of data mining and data sharing in the EU

Held at Southampton University's Highfield campus and hosted by iCLIC, an interdisciplinary core on Law, the Internet and Culture, the Data Mining and Data Sharing workshop brought together attendees and speakers from industry, government, academia and a range of disciplines alike. The workshop comprised two sessions, each with a keynote and an associated panel. The first session was chaired by Eleonora Rosati and dealt with copyright and database rights, data mining and data sharing. The second session, chaired by Sophie Stalla-Bourdillon, focussed on data protection, data mining and data sharing. The following report covers both sessions, associated panel discussions and the subsequent question and answer sessions.     

English High Court decides that “making available” over the internet only occurs in the jurisdiction where the servers are based

The English High Court has considered the meaning of “making available to the public” by online transmission in the context of database rights and has determined that the act of making available is only committed in the country where the host server is located, and not the country where the material is accessed by the public.     

Law enforcement access to personal data originally collected by private parties: Missing data subjects' safeguards in directive 2016/680?

Access by law enforcement authorities to personal data initially collected by private parties for commercial or operational purposes is very common, as shown by the transparency reports of new technology companies on law enforcement requests. From a data protection perspective, the scenario of law enforcement access is not necessarily well taken into account. The adoption of the new data protection framework offers the opportunity to assess whether the new ‘police’ Directive, which regulates the processing of personal data for law enforcement purposes, offers sufficient safeguards to individuals. To make this assessment, provisions contained in Directive 2016/680 are tested against the standards established by the ECJ in Digital Rights Ireland and Tele2 Sverige on the retention of data and their further access and use by police authorities. The analysis reveals that Directive 2016/680 does not contain the safeguards identified in the case law. The paper further assesses the role and efficiency of the principle of purpose limitation as a safeguard against repurposing in a law enforcement context. Last, solutions to overcome the shortcomings of Directive 2016/680 are examined in conclusion.     

Opinion 1/15 of the Grand Chamber dated 26 July 2017 about the agreement on Passenger Name Record data between the EU and Canada

On 26 July 2017, the Grand Chamber of the European Court of Justice rendered its seminal Opinion 1/15 about the agreement on Passenger Name Record data between the EU and Canada. The Grand Chamber considered that the decision of the Council about the conclusion, on behalf of the Union, of the agreement between the EU and Canada about the transfer and processing of PNR data must be based jointly on Article 16(2) about the protection of personal data and Article 87(2)(a) about police co-operation among member states in criminal matters, but not on Article 82(1)(d) about judicial co-operation in criminal matters in the EU of the Treaty on the Functioning of the EU. The Grand Chamber also considered that the agreement is incompatible with Article 7 on the right to respect for private life, Article 8 on the right to the protection of personal data, Article 21 on non-discrimination and Article 52(1) on the principle of proportionality of the Charter of Fundamental Rights of the EU since it does not preclude the transfer, use and retention of sensitive data. In addition to the requirement to exclude such data, the Grand Chamber listed seven requirements that the agreement must include, specify, limit or guarantee to be compatible with the Charter.The opinion of the Grand Chamber has far-reaching implications for the agreement on PNR data between the EU and Canada. It has also far-reaching implications for international agreements on PNR data between the EU and other third states. Last, it has far-reaching implications for Directive 681 of 27 April 2016 on PNR data.     

The efficiency of Y-chromosome markers in forensic trace analysis and their inclusion in the Austrian National DNA Database

Y-STR markers are a valuable tool in the analysis of biological traces in which a mixture of male and female trace material is to be expected. It is possible to generate a Y-chromosome DNA profile, even if all the prior sperm tests are negative and no sign of any male component is found in amelogenin. In 38 of a total of 239 sexual offences a perpetrator trace was identified solely using Y-STR analysis. Based on these findings, the Austrian National DNA Database was expanded to include Y-STRs in 2012 with the primary objective to identify serial sexual offences.     

Regulating webcasting: An analysis of the Audiovisual Media Services Directive and the current broadcasting law in the UK

Webcasting is an emerging industry, which steadily gains significance as technology enables efficient delivery of video content via Internet. The regulation of webcasting is a topic worthy of debate: Regulating webcasting heavy-handedly may result in stifled innovation whereas not imposing any regulation carries the danger of an un-level playing field between webcasters and stringently regulated broadcasters. In the wake of the Audiovisual Media Services (AVMS) Directive's adoption, the debate has inevitably come to the attention of national regulators of EU Member States, and will remain on OFCOM's agenda until the Directive's implementation into UK law is completed. This article provides an analysis of both the AVMS Directive and the current UK broadcasting law as regards to its applicability to Internet-based services in order to identify UK's current standing prior to implementation; discusses the role of alternatives to state regulation (self- and co-regulation) in the implementation process and finally addresses the DCMS Public Consultation on the Implementation of AVMS Directive revealing the government's plan for the implementation.     

Developments in electronic money regulation – the Electronic Money Directive: A better deal for e-money issuers?

The recent adoption of the new E-Money Directive by the Council of the European Union has introduced key changes to European e-money legislation. The adoption of the new directive follows the European Commission's review of the original e-money directive and the market that it was intended to facilitate, which found that e-money has yet to deliver the benefits that were anticipated.     

Haplotype diversity in human mitochondrial DNA hypervariable regions I–III in the city of Caracas (Venezuela)

In order to expand the database of variable DNA for forensic identification purposes in Venezuela, we analyzed the sequence polymorphisms of mitochondrial DNA (mtDNA) hypervariable regions (HVR) I–III from 100 unrelated individuals from the city of Caracas, using PCR amplification and fluorescent-based capillary electrophoresis sequencing method. Dominant haplogroups corresponded to Native Americans followed by African ones. The inclusion of HVR III although useful for sub-haplogroup assignation, added little to the discrimination capacity of our database.