欧洲刑事警察组织个人资料保护制度研究

欧洲刑事警察组织是欧盟各国开展警务合作的主要方式,致力于成员国间的情报信息资料交流。相关的《公约》规定了完善的个人资料保护制度,涉及个人资料的收集、存储、删除、处理、传送等各个环节。出于加强国际警务合作和保障人权的需要,我国应借鉴有关内容,制定出反映打击犯罪与保护个人资料双重要求的个人资料保护制度。     

The virtuous circle of representation

Theoretical and empirical research shows that political representation is a dynamic process repeatedly connecting citizens and political elites. However, less is known about how citizens alone experience the process of political representation and connect electoral participation with representation. This article combines different literature pertaining to the representative process in a dynamic framework. It explores causality between electoral participation and perceived responsiveness in citizens' minds using unique panel data. By arguing for two-way causality and the existence of a virtuous circle, the paper refines the concepts’ relationship beyond traditional conceptions that currently dominate the literature on electoral behaviour and participatory democracy. The results indicate that the representative process may be a self-sustaining experience for citizens over time.     

A Novel Forensic Tool for the Characterization and Comparison of Printing Ink Evidence: Development and Evaluation of a Searchable Database Using Data Fusion of Spectrochemical Methods

A searchable printing ink database was designed and validated as a tool to improve the chemical information gathered from the analysis of ink evidence. The database contains 319 samples from printing sources that represent some of the global diversity in toner, inkjet, offset, and intaglio inks. Five analytical methods were used to generate data to populate the searchable database including FTIR, SEM‐EDS, LA‐ICP‐MS, DART‐MS, and Py‐GC‐MS. The search algorithm based on partial least‐squares discriminant analysis generates a similarity “score” used for the association between similar samples. The performance of a particular analytical method to associate similar inks was found to be dependent on the ink type with LA‐ICP‐MS performing best, followed by SEM‐EDS and DART‐MS methods, while FTIR and Py‐GC‐MS were less useful in association but were still useful for classification purposes. Data fusion of data collected from two complementary methods (i.e., LA‐ICP‐MS and DART‐MS) improves the classification and association of similar inks.     

The Italian perspective of the right to oblivion

This paper gives a brief overview of the state of the art relating to the right to oblivion in Italy. Three major issues on the way this right is perceived, recognized and protected are presented. First, the strict link between the right to oblivion and the right to information is discussed. Then, the role of the internet revolution in enlarging the protection to different situations related to the right to oblivion is analyzed. Finally, a reflection on the distinction between the right to oblivion and the right to data protection and specifically from the right to erasure, anonymization or blocking of data that have been processed unlawfully is drafted.     

Narratives about privacy and forgetting in English law

This paper examines narratives about the right of privacy in the UK. It argues that until relatively recently the dominant narrative was one that associated privacy with celebrity claimants and media defendants. Other narratives, such as those concerned with digital privacy and data protection, did not feature as prominently. But changing technological and social contexts mean that these narratives are now understood to be of immense importance too. This paper explores these narratives against the backdrop of the European Commission's proposals for a ‘right to be forgotten’ (now relabelled a ‘right to erasure’), the subject-matter of this special issue, as well as the 2014 Google Spain judgment. The paper emphasises the importance of forgetting as an aspect of the right to privacy and argues that while the UK legislator and courts have been slow to give effect to erasure remedies, they must now start exploring the bounds of legal possibility in order to meet the challenges of the digital age.     

The future of privacy certification in Europe: an exploration of options under article 42 of the GDPR

The EU faces substantive legislative reform in data protection, specifically in the form of the General Data Protection Regulation (GDPR). One of the new elements in the GDPR is its call to establish data protection certification mechanisms, data protection seals and marks to help enhance transparency and compliance with the Regulation and allow data subjects to quickly assess the level of data protection of relevant products and services. To this effect, it is necessary to review privacy and data protection seals afresh and determine how data protection certification mechanisms, seals or marks might work given the role they will be called to play, particularly in Europe, in facilitating data protection. This article reviews the current state of play of privacy seals, the EU policy and regulatory thrusts for privacy and data protection certification, and the GDPR provisions on certification of the processing of personal data. The GDPR leaves substantial room for various options on data protection certification, which might play out in various ways, some of which are explored in this article.     

互联网平台涉用户数据不正当竞争的中国典型司法实践分析

涉用户数据在互联网平台间流动的正当性边界,已经成为当前中国司法领域的重要课题之一,并在司法实践中呈现出差异化的特征.在对中国关于数据的法律规定以及基于用户公开发布的内容数据、基于用户个人信息数据、基于用户数据加工而成的衍生数据这三类涉用户数据平台间不正当竞争典型案例分析的基础上,可以发现,针对在先平台受《反不正当竞争法》保护的权益范围边界,尚未有明确的司法规则定论,仍需结合个案因素进行利益平衡.具体应区分考虑数据公开或非公开的状态、数据原始或衍生的属性,且对在先平台合法权益的边界判定时需要综合考虑在先平台的投入程度与回报、在后平台使用数据的数量、在先平台被实质替代的程度等因素,从而在互联网数据合理流通与合理保护中实现平衡与双赢.     

大数据时代的社会治理创新

关于大数据的理解有信息说、技术说、价值说,但其共同点是大数据赋予了人们更加强大的认识世界和改造世界的能力。作为一种战略资源,大数据以其大容量、快速度、多样性、预测性等特征,为我们创新原有单一自下而上的管理方式,突破社会治理瓶颈,提供了思维、技术乃至制度的可能。探讨大数据与政府、社会(公众)、公共事务的互动关系,可得出可供期待的社会治理创新内容,但也不能忽视大数据对社会治理可能带来的问题和挑战。     

Protecting digital identity in the cloud: Regulating cross border data disclosure

Widespread use of cloud computing and other off-shore hosting and processing arrangements make regulation of cross border data one of the most significant issues for regulators around the world. Cloud computing has made data storage and access cost effective but it has changed the nature of cross border data. Now data does not have to be stored or processed in another country or transferred across a national border in the traditional sense, to be what we consider to be cross border data. Nevertheless, the notion of physical borders and transfers still pervades thinking on this subject. The European Commission (“EC”) is proposing a new global standard for data transfer to ensure a level of protection for data transferred out of the EU similar to that within the EU. This paper examines the two major international schemes regulating cross-border data, the EU approach and the US approach, and the new EC and US proposals for a global standard. These approaches which are all based on data transfer are contrasted with the new Australian approach which regulates disclosure. The relative merits of the EU, US and Australian approaches are examined in the context of digital identity, rather than just data privacy which is the usual focus, because of the growing significance of digital identity, especially to an individual's ability to be recognized and to transact. The set of information required for transactions which invariably consists of full name, date of birth, gender and a piece of what is referred to as identifying information, has specific functions which transform it from mere information. As is explained in this article, as a set, it literally enables the system to transact. For this reason, it is the most important, and most vulnerable, part of digital identity. Yet while it is deserving of most protection, its significance has been largely under-appreciated. This article considers the issues posed by cross border data regulation in the context of cloud computing, with a focus on transaction identity and the other personal information which make up an individual's digital identity. The author argues that the growing commercial and legal importance of digital identity and its inherent vulnerabilities mandate the need for its more effective protection which is provided by regulation of disclosure, not just transfer.