‘Modernising’ data protection Convention 108: A safe basis for a global privacy treaty?

Proposals for the reform or ‘modernisation’ of Council of Europe Data Protection Convention 108 have now been forwarded from the Convention's Consultative Committee for consideration by the Council of Ministers. This article assesses the changes proposed, which strengthen the obligations of Parties to implement the Convention as a matter of effective practice, not just as a law on paper. It tightens most of the existing data protection principles, and adds new ones which better align the Convention with the EU Directive (and proposed Regulation). The Convention Committee will have explicit new functions including assessing candidates for accession, and periodically reviewing implementation by existing parties. However, the proposals concerning the required standard for data export limitations are in some respects ill-defined and dangerous for data subjects. The existing standard that personal data can only be exported if the recipient provides ‘adequate’ protection has been abandoned for an undefined requirement of ‘appropriate’ protection. The article situates the risk of abandoning meaningful data export restrictions in the context of the USA's push for ‘interoperability’ of very different data protection standards.     

Conservation and modern information technologies: The global register of migratory species (GROMS)

Abstract

The present paper reviews the state of knowledge of migratory species protected under the Bonn Convention (Convention on the Conservation of Migratory Species of Wild Animals) and presents first results from the “Global Register of Migratory Species” (GROMS). GROMS summarises our knowledge on migratory species within one relational database in combination with a geographical information system (GIS). GROMS will reveal information deficiencies, support the Convention on the Conservation of Migratory Species of Wild Animals, and contribute to the Clearinghouse Mechanism under the Convention on Biological Diversity. At present, GROMS contains 412 species distribution maps in GIS format. As an initial example of the potential of GIS‐analysis, GIS‐maps of birds and mammals were intersected with administrative borders, and the number of species was calculated for each province. The resulting map shows a high diversity in temperate regions, which is in contrast to maps that usually show most “biodiversity hotspots” to be in the tropics. Consequences for conservation policies are discussed and future prospects for GIS analysis are outlined.     

The convention on the conservation of European wildlife and natural habitats (Bern, 1979): Procedures of application in practice 1

Abstract

The Convention on the Conservation of European Wildlife and Natural Habitats was signed in Bern, Switzerland in 1979 and came into force on 1 June 1982. Over the past 20 years, various mechanisms have been developed to monitor the implementation of the Convention and to improve its effectiveness. The purpose of diis article is to examine the application of these mechanisms and assess die effectiveness of the Convention as a tool for biodiversity conservation.     

The work of revision of the Council of Europe Convention 108 for the protection of individuals as regards the automatic processing of personal data

Thirty years after the Convention 108 for the protection of individuals as regards the automatic processing of personal data was adopted, the Council of Europe launched a process of modernising this text in order to adapt it to the substantive technological revolutions that have occurred since its birth in 1981. After two years of work, the Committee of the Convention 108 (T-PD Committee) has adopted the proposal of a revised version of both the Convention 108 and its additional Protocol. This paper presents the main propositions of changes brought by the modernisation work. Major changes have been brought to certain definitions and to the scope of the Convention as well as to the basic principles and to the special regime for sensitive data. Important new rights have been added to the list of guarantees offered to data subjects. New duties appear now in the text. And the transborder data flow regime has been entirely rewritten.     

Male Perpetrators of Domestic Violence: How Should We Hold Them to Account?

Domestic violence is now widely acknowledged as being a significant social, health and legal issue. At both a national and transnational level governments have sought to develop strategies built upon prevention, support for victims and holding perpetrators to account through criminal justice sanctions. However, the current paradigm that informs the policy response to most perpetrators of domestic violence has failed to deliver the outcomes required, in terms of a reduction in levels of recidivism or the improved safety of women and children. It is argued that holding men to account through external controls has failed and that interventions should support men to take responsibility for their own behaviour.     

论我国贪污贿赂犯罪刑法治理的国际化——基于《联合国反腐败公约》与中国反腐败的现实考察

反腐败是我国当下重大的现实问题,与《联合国反腐败公约》相关要求相比,我国贪污贿赂犯罪的罪名设置较为狭窄,犯罪对象规定不合理,主观方面设置不科学,法定刑的设定不完善。基于进一步完善贪污贿赂犯罪的刑事法治以及立足于当下反腐败的现实考察,有必要进一步完善罪名体系的设置,适时增设"外国公职人员、国际公共组织官员受贿罪"和"利用影响力行贿罪";减少犯罪主观要素的限制;扩大贪污贿赂犯罪的行为对象的范围;完善罚金刑,合理设置资格刑,进一步促进贪污贿赂犯罪刑罚配置的科学化。     

以第111号公约审视中国反歧视的制度建设

2006年1月12日,中国正式批准了《1958年消除就业和职业歧视公约》(第111号公约).5年来,中国社会在促进工作中的平等方面发生了哪些变化和进步？以第111号公约审视中国反歧视的制度建设,目前,中国在反就业歧视,促进工作中的平等还存在不少问题；促进工作中的平等方面,仍然任重道远.