Automation, Privacy Protection and the Law

1989 ◽  
pp. 33-39
Author(s):  
J. K. M. Gevers
Keyword(s):  
Privacy Protection ◽  
The Law

scholarly journals THE LAW OF MEDICAL PRIVACY IN THE USA: NOT GOOD ENOUGH FOR COVID-19

Medicne pravo ◽  
2021 ◽  
pp. 28-40
Author(s):  
Dean M. Harris
Keyword(s):  
Privacy Protection ◽  
Health Data ◽  
State Laws ◽  
Recommendations For Action ◽  
The Us ◽  
The Usa ◽  
The Law ◽  
Medical Privacy ◽  
Privacy Issues

This article addresses the privacy of medical and health data in the US. It analyzes the scope and requirements of federal and state laws in the US, and it discusses the weaknesses in the US protection of medical privacy. Then, this article explains how the weak US system of privacy protection was unable to handle many important privacy issues in the COVID-19 pandemic. Finally, the article concludes with some recommendations for action.

Tugendhat and Christie: The Law of Privacy and The Media

2016 ◽  
Keyword(s):  
New Media ◽  
Privacy Protection ◽  
Personal Information ◽  
General Interest ◽  
Legal Rules ◽  
Privacy Law ◽  
The Media ◽  
The Subject ◽  
The Law ◽  
The Uk

Written by a specialist team of academics, judges and practising lawyers from the UK and abroad under the editorial direction of Dr Nicole Moreham and Sir Mark Warby, The Law of Privacy and the Media gives expert guidance for practitioners working on cases relating to privacy and the media, and will be of value to academics with an interest in this field. The first two editions of this book quickly established themselves as the leading reference works on the rapidly developing law of privacy in England and Wales. They have been frequently referred to in argument in privacy cases, and extracts have been cited with approval in judgments of the High Court and Courts of Appeal. Following the Leveson Inquiry, the laws and regulations governing the English media have come under intense scrutiny. This work has been revised and updated to incorporate discussion of both those debates and the continually changing landscape of privacy protection. The book offers an overview of English media privacy law, outlining key legislation and legal rules. It includes comparative perspectives and addresses current debates about the form and scope of modern privacy protection. The Law of Privacy and the Media provides detailed but accessible chapters on the various forms of wrongful publication of personal information, as well as intrusion into physical privacy, before considering justifications and defences, remedies and the procedure to be followed in such cases. This edition includes new chapters giving separate consideration to new media and harassment by publication. The Law of Privacy and the Media is essential reading for all those who act for or against the media or who have a general interest in the subject.

A Bolder Step towards Privacy Protection in Hong Kong: A Statutory Cause of Action

2014 ◽  
Vol 9 ◽  
pp. 345-380
Author(s):  
Yun Ching Jojo Mo ◽  
A. K. C. Koo
Keyword(s):  
Hong Kong ◽  
Privacy Protection ◽  
Personal Information ◽  
Civil Liability ◽  
Law Reform ◽  
Invasion Of Privacy ◽  
Starting Point ◽  
Civil Remedies ◽  
The Law ◽  
To Come

AbstractPrivacy is an important value which is internationally recognised as worthy of protection. However, it has been under constant challenge for a number of reasons including changes in technology which facilitate informational and other forms of surveillance and privacy-invasive media practices. Because of its multi-faceted nature, privacy is typically regulated by a variety of different means. Data protection laws seek to ensure the fair handling of personal information. Criminal sanctions are used to outlaw more serious invasions of privacy, including certain breaches of communications privacy and uses of surveillance devices. Assorted civil actions are relied on to protect broader interests in privacy. However, the piecemeal nature of privacy protection is often found to be inadequate and victims frequently lack appropriate remedies. Therefore, many common law countries either provide for or are actively considering the introduction of civil remedies to specifically address general privacy issues. There has also been active consideration of measures to regulate media organisations, especially in the light of the Murdoch scandal in the United Kingdom. The inadequacies in the law have prompted calls for law reform in Hong Kong, and recommendations have been made in the report on Civil Liability for Invasion of Privacy (2004). It examined the need of individuals to be able to seek civil remedies for unwarranted invasion of privacy. In it the Law Reform Commission of Hong Kong (HKLRC) proposed the introduction of specific statutory torts of privacy to cover acts and conduct frustrating the reasonable expectation of an individual’s privacy. It proposed that a person, who invaded another’s privacy by intruding upon their solitude or seclusion, or by intruding into their private affairs or concerns, should be liable in tort. It also recommended another tort for invasion of privacy arising out of public disclosure of private facts. This article focuses on the issue of civil liability and analyses the inadequacies of existing laws and regulatory regimes and attempts to come up with a model that is most suitable for Hong Kong. It takes the HKLRC’s recommendations as its starting point but refines and modifies them, drawing on the insights that have since become available from the work of other law reform bodies and further developments in overseas case law.

A Bolder Step towards Privacy Protection in Hong Kong: A Statutory Cause of Action

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Yun Ching Jojo Mo ◽  
A. K. C. Koo
Keyword(s):  
Hong Kong ◽  
Privacy Protection ◽  
Personal Information ◽  
Civil Liability ◽  
Law Reform ◽  
Invasion Of Privacy ◽  
Starting Point ◽  
Civil Remedies ◽  
The Law ◽  
To Come

AbstractPrivacy is an important value which is internationally recognised as worthy of protection. However, it has been under constant challenge for a number of reasons including changes in technology which facilitate informational and other forms of surveillance and privacy-invasive media practices. Because of its multi-faceted nature, privacy is typically regulated by a variety of different means. Data protection laws seek to ensure the fair handling of personal information. Criminal sanctions are used to outlaw more serious invasions of privacy, including certain breaches of communications privacy and uses of surveillance devices. Assorted civil actions are relied on to protect broader interests in privacy. However, the piecemeal nature of privacy protection is often found to be inadequate and victims frequently lack appropriate remedies. Therefore, many common law countries either provide for or are actively considering the introduction of civil remedies to specifically address general privacy issues. There has also been active consideration of measures to regulate media organisations, especially in the light of the Murdoch scandal in the United Kingdom. The inadequacies in the law have prompted calls for law reform in Hong Kong, and recommendations have been made in the report on Civil Liability for Invasion of Privacy (2004). It examined the need of individuals to be able to seek civil remedies for unwarranted invasion of privacy. In it the Law Reform Commission of Hong Kong (HKLRC) proposed the introduction of specific statutory torts of privacy to cover acts and conduct frustrating the reasonable expectation of an individual’s privacy. It proposed that a person, who invaded another’s privacy by intruding upon their solitude or seclusion, or by intruding into their private affairs or concerns, should be liable in tort. It also recommended another tort for invasion of privacy arising out of public disclosure of private facts. This article focuses on the issue of civil liability and analyses the inadequacies of existing laws and regulatory regimes and attempts to come up with a model that is most suitable for Hong Kong. It takes the HKLRC’s recommendations as its starting point but refines and modifies them, drawing on the insights that have since become available from the work of other law reform bodies and further developments in overseas case law.

scholarly journals From Shadow Profiles to Contact Tracing: Qualitative Research into Consent and Privacy

2021 ◽  
Vol 3 (2) ◽  
pp. 46-60
Author(s):  
Sacha Molitorisz ◽  
James Meese ◽  
Jennifer Hagedorn
Keyword(s):  
Qualitative Research ◽  
Focus Groups ◽  
Case Studies ◽  
Privacy Protection ◽  
Life Support ◽  
Contact Tracing ◽  
Good Design ◽  
Digital Services ◽  
The Law ◽  
Government Surveillance

For many privacy scholars, consent is on life support, if not dead. In July 2020, we held six focus groups in Australia to test this claim by gauging attitudes to consent and privacy, with a spotlight on smartphones. These focus groups included discussion of four case studies: ‘shadow profiles’, eavesdropping by companies on smartphone users, non-consensual government surveillance of its citizens and contact tracing apps developed to combat COVID-19. Our participants expressed concerns about these practices and said they valued individual consent and saw it as a key element of privacy protection. However, they saw the limits of individual consent, saying that the law and the design of digital services also have key roles to play. Building on these findings, we argue for a blend of good law, good design and an appreciation that individual consent is still valued and must be fixed rather than discarded - ideally in ways that are also collective. In other words, consent is dead; long live consent.

The Governance of Privacy

2021 ◽  
Author(s):  
Hans Bruijn
Keyword(s):  
Privacy Protection ◽  
Large Scale ◽  
Personal Data ◽  
Data Driven ◽  
Privacy Breach ◽  
Share Data ◽  
De Bruijn ◽  
The Law ◽  
Privacy Breaches

We can hardly underestimate the importance of privacy in our data-driven world. Privacy breaches are not just about disclosing information. Personal data is used to profile and manipulate us – sometimes on such a large scale that it affects society as a whole. What can governments do to protect our privacy? In The Governance of Privacy Hans de Bruijn first analyses the complexity of the governance challenge, using the metaphor of a journey. At the start, users have strong incentives to share data. Harvested data continue the journey that might lead to a privacy breach, but not necessarily – it can also lead to highly valued services. That is why both preparedness at the start of the journey and resilience during the journey are crucial to privacy protection. The book then explores three strategies to deal with governments, the market, and society. Governments can use the power of the law; they can exploit the power of the market by stimulating companies to compete on privacy; and they can empower society, strengthening its resilience in a data-driven world.

scholarly journals CONSENTIMENTO INFORMADO. PODEMOS FAZER MELHOR EM DEFESA DA PRIVACIDADE

2016 ◽  
Vol 2 (2) ◽  
pp. 80-90
Author(s):  
Frederik Zuiderveen Borgesius
Keyword(s):  
Informed Consent ◽  
Privacy Protection ◽  
Best Interests ◽  
The Internet ◽  
Combined Approach ◽  
Cast Doubt ◽  
The Law ◽  
The Individual

Precisamos repensar a nossa abordagem quanto à proteção da privacidade na internet. Atualmente, os formuladores de políticas vêm se aprofundando na ideia de consentimento informado como um meio para proteger a privacidade. Por exemplo, em diversos países, as empresas são obrigadas por lei a obter o consentimento de um indivíduo antes de fazer uso dos seus dados; com base nessas requisitos de consentimento informado, a lei tem por objetivo empoderar as pessoas a fazerem escolhas de privacidade tendo em vista os seus melhores interesses. No entanto, estudos comportamentais colocam em cheque a eficácia desta abordagem de empoderamento como um meio para proteger a privacidade. Este artigo defende uma abordagem conjunta de proteção e empoderamento dos indivíduos para aprimorar a proteção da privacidade. Este artigo aborda problemas práticos do consentimento informado como um meio para proteger a privacidade, e ilustra problemas com os atuais regulamentos de proteção à privacidade dos dados, concernentes à segmentação comportamental. Primeiramente, discutem-se os problemas de privacidade relativos à segmentação comportamental, e o papel central do consentimento informado ao abrigo da lei de proteção à privacidade. Em seguida, enfatizam-se os problemas práticos referentes ao consentimento informado. Por fim, o artigo argumenta que os formuladores de políticas devem dar mais atenção aos regulamentos que protegem as pessoas, e menos aos que as empoderam. INFORMED CONSENT: WE CAN DO BETTER TO DEFEND PRIVACYAbstractWe need to rethink our approach to defend privacy on the internet. Currently, policymakers focus heavily on the idea of informed consent as a means to defend privacy. For instance, in many countries the law requires firms to obtain an individual’s consent before they use data about her. With such informed consent requirements, the law aims to empower people to make privacy choices in their best interests. But behavioural studies cast doubt on this approach’s effectiveness, as people tend to click OK to almost any request they see on their screens. To improve privacy protection, this article argues for a combined approach of protecting and empowering the individual.

Ethical Challenges: Less About Moral Wrongdoing and More About Communication Breakdown

2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper
Keyword(s):  
Ethical Challenges ◽  
Speech Language Pathology ◽  
Thickened Liquids ◽  
Communication Breakdown ◽  
Professional Duty ◽  
Language Pathology ◽  
The Law ◽  
Personal Case

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.

Sign in / Sign up

Export Citation Format

Share Document