Data Protection: An Opening Door?

Swedish public law has incorporated a general rule of public access to documents, and to information in the wider sense, since the Freedom of the Press Act of 1766. On the Community level, the relationship between Regulation (EC) 45/2001 on data protection and Regulation (EC) 1049/2001 on public access to documents exemplifies the tension between the public's interest in scrutinising the administration carried on in its name, and the integrity of the individual. However, a similar tension exists between Sweden's Personal Data Act of 1998, implementing Directive 95/46, and the Freedom of the Press Act. A misuse model of data protection law, by seeking to concentrate on serious rather than technical infringements of privacy, might serve to ease the tension. The views expressed in this article are solely those of the author and are not attributable to any Community institution. This revised version was published online in August 2006 with corrections to the Cover Date.     

Reviews

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Police Shootings and the Role of Tort

In Ashley v Chief Constable of Sussex , the House of Lords ruled that a civil claim in trespass to the person may be sustained against an individual police officer in respect of a fatal shooting, in circumstances where the officer had already been acquitted in criminal proceedings and where liability to compensate in respect of all losses had been conceded. Two members of the majority clearly ruled that trespass torts may have a vindicatory purpose which survives a concession of liability to compensate, thus deepening the connection between tort, and the protection of fundamental rights, and suggesting an intriguing distinction between the functions of civil and criminal law.     

Real and unreal masculinities: the celebrity image in anti-trafficking campaigns

Numerous scholars note the highly gendered nature of anti-trafficking responses. Much of the literature exploring anti-trafficking campaigns, however, focuses on the objectification of women and their placement as abject bodies, objects of violence, in pain and to be pitied. Nevertheless, few scholars explore how these campaigns portray men and shape masculinities. Using as example a highly publicised online anti-trafficking campaign, ‘Real Men Don't Buy Girls’, this article responds to this gap in the literature by exploring depictions of masculinities through this prominent anti-trafficking public service announcement. The article observes that this announcement serves not to reshape gender performance around trafficking, but instead further reproduces existing gender structures and power relations underpinning trafficking and child exploitation. It observes that the campaign re-instantiates hegemonic masculinities – framing men enacting this masculine form as ‘real men’ – while encouraging men to embody a virile, successful, consumerist, controlling, and patriarchal manliness. We observe that these characteristics are notably assigned to celebrity men. Meanwhile, it is noted that men who buy girls are set in binary opposition to these real men, being shaped as faceless, un-described, deviant, and ‘unreal’. The result is that the campaign not only patterns masculinities, but also objectifies the objectifier as well as women, recreating a gender ordering in which women and girls remain disempowered, and buyers of girls are ultimately denied subjecthood and thus the ability to change. This article, therefore, uses this one case study to call for anti-traffickers, researchers, and scholars to urgently consider, research, and reshape portrayals of masculinities in anti-trafficking literatures. It calls for greater diversity and fuller account for a broader spectrum of gender representations in the visual representations of those involved in, and responding to, human and child trafficking, in both our scholarly work and public action.     

Free Trade: What is it Good For? Globalization,Deregulation, and ‘Public Opinion’

Deliberation is an essential element in legitimate and sound decision making. The deliberative ideal has much resonance with ideas of ‘localization’, employing the value of local and applied knowledge. Participation is also of particular value under globalization. We argue that the capacity of the World Trade Organization (WTO) to absorb and reflect participatory aspects of decision making is crucial to its future legitimacy and status. Should the WTO be seen as one of the darker forces of globalization? Or as an emerging institution of global accountability? The latter depends upon recognition that the potential deregulatory effect of the WTO is contingent, and that the liberalization of international trade should enhance welfare, rather than be a goal in its own right. Deliberative solutions require a strong public sphere, and we therefore consider whether solutions based on ‘empowered consumer choice’, rather than public deliberation, are unsatisfactory responses to the deregulatory impact of international trade disputes and their outcomes.