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排序方式: 共有367条查询结果,搜索用时 15 毫秒
51.
Raphaël Gellert 《Computer Law & Security Report》2018,34(2):279-288
The goal of this contribution is to understand the notion of risk as it is enshrined in the General Data Protection Regulation (GDPR), with a particular on Art. 35 providing for the obligation to carry out data protection impact assessments (DPIAs), the first risk management tool to be enshrined in EU data protection law, and which therefore contains a number of key elements in order to grasp the notion. The adoption of this risk-based approach has not come without a number of debates and controversies, notably on the scope and meaning of the risk-based approach. Yet, what has remained up to date out of the debate is the very notion of risk itself, which underpins the whole risk-based approach. The contribution uses the notions of risk and risk analysis as tools for describing and understanding risk in the GDPR. One of the main findings is that the GDPR risk is about “compliance risk” (i.e., the lower the compliance the higher the consequences upon the data subjects' rights). This stance is in direct contradiction with a number of positions arguing for a strict separation between compliance and risk issues. This contribution sees instead issues of compliance and risk to the data subjects rights and freedoms as deeply interconnected. The conclusion will use these discussions as a basis to address the long-standing debate on the differences between privacy impact assessments (PIAs) and DPIAs. They will also warn against the fact that ultimately the way risk is defined in the GDPR is somewhat irrelevant: what matters most is the methodology used and the type of risk at work therein. 相似文献
52.
Jianmei Cen 《Frontiers of Law in China》2011,6(2):334-342
Government authorities and law enforcement agencies start using the satellite-based GPS tracking technology more often for
various purposes. Due to its unique technical features, GPS tracking poses a much greater threat to the right of privacy compared
with traditional electronic tracking techniques, such as the Beeper. Comparisons are extensively analyzed and a number of
the US cases are quoted for illustrations. In the end, several key principles are proposed to facilitate the supervision of
investigation behaviors in China. 相似文献
53.
As demonstrated by other papers on this issue, open-source intelligence (OSINT) by state authorities poses challenges for privacy protection and intellectual-property enforcement. A possible strategy to address these challenges is to adapt the design of OSINT tools to embed normative requirements, in particular legal requirements. The experience of the VIRTUOSO platform will be used to illustrate this strategy. Ideally, the technical development process of OSINT tools is combined with legal and ethical safeguards in such a way that the resulting products have a legally compliant design, are acceptable within society (social embedding), and at the same time meet in a sufficiently flexible way the varying requirements of different end-user groups. This paper uses the analytic framework of privacy design strategies (minimise, separate, aggregate, hide, inform, control, enforce, and demonstrate), arguing that two approaches for embedding legal compliance seem promising to explore in particular. One approach is the concept of revocable privacy with spread responsibility. The other approach uses a policy mark-up language to define Enterprise Privacy Policies, which determine appropriate data handling. 相似文献
54.
This article analyses digital identity as an emergent legal concept in the United States of America, as a consequence of the move to place all federal government services on-line. The features and functions of digital identity and its legal nature are examined, and the consequences are considered. 相似文献
55.
New technologies permit online businesses to reduce expenses and increase efficiency by, for example, storing information in “the cloud”, engaging in online tracking and targeted advertising, location and tracking technologies, and biometrics. However, the potential for technology to facilitate long term retention of customers' personal information raises concerns about the competing right of individuals to the privacy of their personal information. Although the European Commission has recently released a proposal for regulation to “provide a data subject with the right to be forgotten and to erasure”, neither the OECD Privacy Guidelines nor the APEC Privacy Framework includes any requirement to delete personal information. While New Zealand includes a “limited retention principle” in the Privacy Act 1993, apart from one limited exception the privacy principles cannot be enforced in court. Taking New Zealand privacy law as an example, this paper examines the issue of retention of customer data, explains why this is a serious problem and argues that although it could be addressed by appropriate amendments to domestic laws, domestic privacy legislation may not be sufficient in an online environment. In the same way as other areas of law, such as the intellectual property regime, have turned to global regulatory standards which reflect the international nature of their subject matter, international privacy regulation should be the next stage for the information privacy regime. 相似文献
56.
WANG Liming 《Frontiers of Law in China》2022,17(1):33
In the age of artificial intelligence (AI), robots have profoundly impacted our life and work, and have challenged our civil legal system. In the course of AI development, robots need to be designed to protect our personal privacy, data privacy, intellectual property rights, and tort liability identification and determination. In addition, China needs an updated Civil Code in line with the growth of AI. All measures should aim to address AI challenges and also to provide the needed institutional space for the development of AI and other emerging technologies. 相似文献
57.
以英美国家的判例法为基础,分析银行对客户的保密义务规则的冲突与制衡,最后针对这些利益冲突提出制度设计方案。 相似文献
58.
凌苏霞 《陕西行政学院学报》2001,15(4)
随着市场经济的发展和人们文化观念的转变,我国隐私权纠纷案件呈上升趋势。其原因除人们的认识差距外,更重要的是我国法律对此无完整的规范。隐私权有明确的定义、特征、内容和构成要件。我国现行法律包括宪法、民法、刑法、行政法、诉讼法等对隐私权的保护主要采取了间接、分散的立法方式,建议关于隐私权的保护应在保护公民人身权的最主要、最基本的法律即民法通则中有所体现,使隐私权和公民的其他人格权一样,在立法上加以明确规定。 相似文献
59.
New currencies designed for user anonymity and privacy – widely referred to as “privacy coins” – have forced governments to listen and legislate, but the political motivations of these currencies are not well understood. Following the growing interest of political brands in different contexts, we provide the first systematic review of political motivations expressed in cryptocurrency whitepapers whose explicit goal is “privacy.” Many privacy coins deliberately position themselves as alternative political brands. Although cryptocurrencies are often closely associated with political philosophies that aim to diminish or subvert the power of governments and banks, advocates of privacy occupy much broader ideological ground. We present thematic trends within the privacy coin literature and identify epistemic and ethical tensions present within the communities of people calling for the adoption of entirely private currencies. 相似文献