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.     

European national news

This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

Science and Technology and the President's Crime Commission

The U.S. President's Commission on Law Enforcement and Administration of Justice added a Task Force on Science and Technology as somewhat of an afterthought because there had then been very little interaction between science and technology and the criminal justice system (CJS). The task force focused on the CJS as a whole and interactions among its parts, with an important emphasis on analysis of the operating systems and on the important potential role of information systems as the technology advanced. The potential applications of contemporary information and electronic technologies is considerable, especially for assessing risk and needs of identified offenders and for providing relevant information wherever needed. There is urgent need for scientific evaluation of many of the positive and negative aspects of the operation of the CJS and of the potential for new technologies.     

Book Review: How Mediation Works: Theory,Research, and Practice by Stephen B. Goldberg,Jeanne M. Brett,Beatrice Blohorn‐Brenneur,With Nancy H. Rogers

This is a book review of How Mediation Works: Theory, Research, and Practice by Stephen B. Goldberg, Jeanne M. Brett, Beatrice Blohorn‐Brenneur, with Nancy H. Rogers. How Mediation Works is intended for a wide range of audiences: practicing mediators; aspiring mediators; those who may refer cases to mediation; participants in mediation, including parties and attorneys; managers who facilitate disputes; and those interested in mediation without a specific plan to engage in the practice (who the authors call “mediation learners”). The book is a well‐written, thoughtful, easy‐to‐read, organized, and concise overview of mediation practice. The book is divided into six chapters: (1) conflicts, disputes, and their resolution; (2) dispute resolution processes; (3) the roles of the mediator and the disputing parties at each step of the mediation process; (4) dealing with difficulties; (5) mediation and the law; and (6) suggestions for aspiring mediators. Though not an authority for family law mediation, the book provides many insightful observations and suggestions that would be instructive and helpful to any mediator or individual with an interest in mediation.     

Creating Public Sector Pedestals and Examining Falls from Grace: Examining ICMA Ethical Sanctions

The International City and County Management Association, (ICMA), ensures that members who engage in misconduct are identified and sanctioned. Dozens of public sanctions have been issued over the past 20 years, and this paper considers the substance of these penalties. The article identifies the processes used to ensure compliance with its code of ethics. We report the types of ethical violations ICMA has discovered through these processes. A more systematic way of recording what is occurring is necessary if strategies are to be devised to help current and upcoming public administrators avoid similar violations. Finally, we ask public administrators who have been sanctioned by ICMA to explain how and why the ethics violations occurred and the impact of the public censure on their personal lives and careers.     

Discourse Ethics and the Problem of Nature

Abstract

In what sense could discourse ethics be linked with normative problems raised by the ecological crisis? Even if Apel and Habermas have not really addressed this question extensively, and even if their position in moral philosophy seems to develop and reinforce a neo-Kantian anthropocentric point of view, one can find in their works some evidence for the possibility of connecting a dialogical view with an ecological one. In order to defend the philosophical interest in highlighting this possibility, this essay analyses Habermas' position concerning the moral and ontological status of animality in particular, and attempts to situate this position within the history of Critical Theory.     

公安院校治安类课程与信息技术整合的思考——以上海公安高等专科学校“视频巡逻”课程为例

信息技术与课程整合是指将信息技术有机地与教学结构、课程内容、课程资源以及课程实施等融合为一体,使其成为课程的有机组成部分,成为与课程内容和课程实施高度和谐自然的有机部分。上海公安高等专科学校正是基于以上理念,对治安类课程与信息技术整合进行了为期三年的实践探索,并取得了一定的成效。     

The Method is the Message: The Current State of Political Communication Research

Formal journalism ethics, as laid out in codes of ethics by journalism associations and the like, is part of a wider debate on media ethics that has been triggered in the Middle East due to the advent of global media in the region. This study compares journalism codes from Europe and the Islamic world in order to revisit the widespread academic assumption of a deep divide between Western and Oriental philosophies of journalism that has played a role in many debates on political communication in the area. The analysis shows that there is a broad intercultural consensus that standards of truth and objectivity should be central values of journalism. Norms protecting the private sphere are, in fact, more pronounced in countries of the Near and Middle East, North Africa, and in the majority of Muslim states in Asia than is generally the case in Europe, although the weighing of privacy protection against the public's right to information is today a component of most journalistic codes of behavior in Islamic countries. Obvious differences between the West and many Islamic countries are to be found in the status accorded to freedom of expression. Although ideas of freedom have entered formal media ethics in the Middle East and the Islamic world, only a minority of documents limit the interference into freedom to cases where other fundamental rights (e.g., privacy) are touched, whereas the majority would have journalists accept political, national, religious, or cultural boundaries to their work. Despite existing differences between Western and Middle Eastern/Islamic journalism ethics and in contrast to the overall neoconservative (Islamist) trends in societal norms, formal journalism ethics has been a sphere of growing universalization throughout the last decades.     

Critical theory and the capitalist state

This article is an overview of Michel Callon's contribution to the reformulation of economic sociology and anthropology. It contextualizes Callon's concepts within science and technology studies, and indicates the main lines of influence on his thinking about economic processes. Callon's work also opens up a number of debates and challenges to current perspectives within economic sociology. Finally, the article considers the way in which Callon's perspective reconfigures both the relation of politics and economics, and the nature of politics itself.