The regulation of civilian drones' impacts on behavioural privacy

Surveillance technologies have burgeoned during the last several decades. To surveillance's promises and threats, drones add a new dimension, both figuratively and literally. An assessment of the impacts of drones on behavioural privacy identifies a set of specific threats that are created or exacerbated. Natural controls, organisational and industry self-regulation, co-regulation and formal laws are reviewed, both general and specific to various forms of surveillance. Serious shortfalls in the regulatory framework are identified. Remedies are suggested, together with means whereby they may come into being.     

Predicting public support for the use of license plate recognition technology by police

The use of license plate recognition technology (LPR) by police is becoming increasingly common. LPR may be used for many purposes, ranging from stolen vehicle enforcement to more complex surveillance and predictive functions. Existing research does not examine community support for this technology, despite its potential to impact police legitimacy. Results from the first community LPR survey are presented and multinomial logistic regression models of citizen support for the technology are developed. Regression results suggest that a number of factors significantly predict citizen support for LPR use, including increased trust in police and the belief that LPR information is public information.     

Constructing a surveillance impact assessment

This paper describes surveillance impact assessment (SIA), a methodology for identifying, assessing and resolving risks, in consultation with stakeholders, posed by the development of surveillance systems. This paper appears to be the first such to elaborate an SIA methodology. It argues that the process of conducting an SIA should be similar to that of a privacy impact assessment (PIA), but that an SIA must take account of a wider range of issues, impacts and stakeholders. The paper categorises the issues and impacts to be considered in the conduct of an SIA and identifies the benefits of a properly conducted SIA.     

A walk in to the cloud and cloudy it remains: The challenges and prospects of ‘processing’ and ‘transferring’ personal data

Cloud computing is an information technology technique that promises greater efficiency and reduced-cost to consumers, businesses and public institutions. However, to the extent it has brought better efficiency and minimal cost, the emergence of cloud computing has posed a significant regulatory challenge on the application of data protection rules particularly on the regime regulating cross-border data flow. The Data Protection Directive (DPD), which dates back to 1995, is at odds with some of the basic technological and business-related features of the cloud. As a result, it is claimed that the Directive hardly offers any help in using the legal bases to ‘process’ and ‘transfer’ data as well as to determine when a transfer to a third country occurs in cloud computing. Despite such assertions, the paper argues that the ECJ's Bodil Lindqvist decision can to a certain extent help to delineate circumstances where transfer should and should not occur in the cloud. Concomitantly, the paper demonstrates that controllers can still make the most of the available possibilities in justifying their ‘processing’ as well as ‘transferring’ of data to a third country in cloud arrangements. In doing so, the paper also portrays the challenges that arise down the road. All legal perspectives are largely drawn from EU level though examples are given from member states and other jurisdictions when relevant.     

Citizens' perceptions of data protection and privacy in Europe

Data protection and privacy gain social importance as technology and data flows play an ever greater role in shaping social structure. Despite this, understanding of public opinion on these issues is conspicuously lacking. This article is a meta-analysis of public opinion surveys on data protection and privacy focussed on EU citizens. The article firstly considers the understanding and awareness of the legal framework for protection as a solid manifestation of the complex concepts of data protection and privacy. This is followed by a consideration of perceptions of privacy and data protection in relation to other social goals, focussing on the most visible of these contexts–the debate surrounding privacy, data protection and security. The article then considers how citizens perceive the ‘real world’ environment in which data processing takes place, before finally considering the public's perception and evaluation of the operation of framework against environment.     

The CLSR-LSPI Seminar – ‘The future of privacy regulation in the online world’

The annual CLSR-LSPI Seminar (www.lspi.net) took place on 19 September 2011 at the Sixth Legal, Security & Privacy Issues in IT Conference (LSPI) at University of Nicosia, Cyprus. The event, led by Prof. Steve Saxby, Editor-in-Chief of CLSR, invited contributions from five legal specialists on a variety of current issues dealing with the future of privacy. A lively discussion took place amongst those present after each intervention. The reports of those who presented are recorded below.     

略论“保密条款”的合法性与合理性——以“彭宇案”和解协议为例

＂：保密＂是商业行为进行知识产权保护所广泛采用的一种措施。在民事调解中,为保护当事人的隐私,＂保密条款＂也被广泛运用。当公众知情权与个人隐私权发生冲突时,保密条款运用不当可能会带来不良社会后果,被社会广泛关注的＂好心救人却要赔偿＂的彭宇案就涉及到个人隐私与公众知情权的矛盾。文中以彭宇案为例,探讨了＂保密条款＂合理运用的司法与社会效果。     

我国公民传统隐私权及网络隐私权在档案法律法规中的完善

我国公民的传统隐私权和网络隐私权保护问题在新的环境下面临着新挑战,如何在新的环境下对公民隐私权进行有效保护是档案研究人员的新任务。本文从档案法律法规的角度对公民的隐私权进行探讨,研究如何完善档案法规来适应公民对隐私权保护的要求。     

隐私关注对移动个性化服务采纳的影响——基于用户主观认知视角的实证研究

文章研究隐私关注与MPS采纳行为意愿之间的影响关系,创新性提出从用户主观认知视角的MPS采纳理论模型。通过调研收集421份问卷,并采用结构方程模型进行隐私关注程度测量与用户隐私认知之间关系分析,验证各影响因素与隐私关注,以及隐私关注与采纳MPS意愿之间的理论假设。结果表明,用户隐私倾向、内控点、社交群体对隐私关注信息收集、错误使用、不正当访问、二次使用都有显著的正向影响;用户开放性、随和性和外向性对隐私关注上述四个维度都有显著的负向影响;同时,提出的影响因素通过隐私关注四个维度均负向影响用户采纳MPS的意愿。文章能为企业革新隐私关注下的网络营销方式,以及促进用户采纳MPS意愿向实际行为转换提供理论支持。     

论完善我国公民隐私权法律保护制度

世界各国对隐私权的法律保护方式主要有直接保护、间接保护、概括保护。我国目前对隐私权的保护属于间接保护的方式 ,民法中尚未确认隐私权为独立的民事权利。完善我国隐私权法律制度 ,一方面应在刑法中设立侵犯公民隐私权罪 ;另一方面在将要制定的《民法典》中 ,应确认隐私权为一项独立的民事权利 ,确定隐私权的范围并规定侵犯隐私权的法律责任。