Student Privacy and the Law in the Internet Age

2019 ◽  
Author(s):  
Leah Plunkett ◽  
Urs Gasser ◽  
Sandra Cortesi
Keyword(s):  
Learning Environments ◽  
School Environment ◽  
Privacy Protection ◽  
Data Privacy ◽  
Digital Technologies ◽  
The United States ◽  
Legal Framework ◽  
Privacy Law ◽  
Student Privacy ◽  
High Level

New types of digital technologies and new ways of using them are heavily impacting young people’s learning environments and creating intense pressure points on the “pre-digital” framework of student privacy. This chapter offers a high-level mapping of the federal legal landscape in the United States created by the “big three” federal privacy statutes—the Family Educational Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA), and the Protection of Pupil Rights Amendment (PPRA)—in the context of student privacy and the ongoing digital transformation of formal learning environments (“schools”). Fissures are emerging around key student privacy issues such as: what are the key data privacy risk factors as digital technologies are adopted in learning environments; which decision makers are best positioned to determine whether, when, why, and with whom students’ data should be shared outside the school environment; what types of data may be unregulated by privacy law and what additional safeguards might be required; and what role privacy law and ethics serve as we seek to bolster related values, such as equity, agency, and autonomy, to support youth and their pathways. These and similar intersections at which the current federal legal framework is ambiguous or inadequate pose challenges for key stakeholders. This chapter proposes that a “blended” governance approach, which draws from technology-based, market-based, and human-centered privacy protection and empowerment mechanisms and seeks to bolster legal safeguards that need to be strengthen in parallel, offers an essential toolkit to find creative, nimble, and effective multistakeholder solutions.

Tax Confidentiality in Sweden and the United States—A Comparative Study

2015 ◽  
Vol 43 (2_3) ◽  
pp. 165-233
Author(s):  
Anna-Maria Hambre
Keyword(s):  
United States ◽  
Comparative Study ◽  
Historical Development ◽  
The United States ◽  
Legal Framework ◽  
Public Access ◽  
Court Records ◽  
The Right ◽  
High Level ◽  
Phd Thesis

This article, based on my PhD thesis:“Tax Confidentiality: A Comparative Study and Impact Assessment of Global Interest, “compares Swedish and US tax confidentiality legislation concerning public opportunities of accessing tax information held by their respective tax administrations. The article concerns itself with the historical development of tax confidentiality legislation, the general legal framework, the reasons behind tax confidentiality, and the main content of the tax confidentiality rules. The overall comparative conclusion is that Sweden provides a high level of tax transparency based on the right of public access to official documents, while the United States offers a high-level of confidentiality and protection of taxpayer information based on the individual's right to privacy. Notwithstanding this overall difference, there are certain similarities, such as public accessibility being source-based. That is, if the individual's tax information is contained in a tax return, then the information is confidential, however, if it is contained in public court records, then the information is public.

Regulierung von Internetkommunikationsdiensten

2019 ◽  
Author(s):  
Stefan Bulowski
Keyword(s):  
Interpersonal Communication ◽  
Instant Messaging ◽  
Voice Over Ip ◽  
The United States ◽  
Legal Framework ◽  
Internet Telephony ◽  
Privacy Law ◽  
Legal Situation ◽  
Communications Services ◽  
Telecommunications Law

Internet-based communications services enable interpersonal communication via the Internet. Among them are Internet telephony services (voice over IP, e.g. Skype), instant messaging services (e.g. WhatsApp) and e-mails. Many of these services have been popular since the 1990s, but it is still not clear how they are legally classified and which rules they have to adhere to. This thesis examines whether they fall within the scope of telecommunications law and how they should be regulated. It analyses sector-specific antitrust law, consumer protection law, public safety law and privacy law. Another aspect are problems caused by rapid technological change. Therefore, the work concludes by comparing the German and European legal situation with the legal framework in the United States in terms of each law’s ability to respond.

Europe's data privacy case looms over EU trade ties

2019 ◽  
Keyword(s):  
United States ◽  
Data Privacy ◽  
Data Transfer ◽  
The United States ◽  
Court Ruling ◽  
Content Type ◽  
Privacy Law ◽  
The United Kingdom ◽  
Court Of Justice ◽  
The Eu

Subject Schrems 2. Significance Earlier this month, the Court of Justice of the EU (CJEU) began hearings on the so-called ‘Schrems 2’ case on the protection of European citizens’ data transferred outside the EU, principally to the United States but also more broadly. Impacts Tensions between EU and US data protection policies could be resolved by a US federal privacy law. However, such a law is unlikely to be agreed before the 2020 elections. A Court ruling against Standard Contractual Clauses could jeopardise data transfer links between the EU and the United Kingdom post-Brexit.

scholarly journals Digitalization and AI in European Agriculture: A Strategy for Achieving Climate and Biodiversity Targets?

2021 ◽  
Vol 13 (9) ◽  
pp. 4652
Author(s):  
Beatrice Garske ◽  
Antonia Bau ◽  
Felix Ekardt
Keyword(s):  
Data Privacy ◽  
Agricultural Sector ◽  
Biological Diversity ◽  
Product Liability ◽  
Digital Technologies ◽  
Data Access ◽  
Legal Framework ◽  
Convention On Biological Diversity ◽  
Eu Governance ◽  
Sustainability Challenges

This article analyzes the environmental opportunities and limitations of digitalization in the agricultural sector by applying qualitative governance analysis. Agriculture is recognized as a key application area for digital technologies, including artificial intelligence. This is not least because it faces major sustainability challenges, especially with regard to meeting the climate and biodiversity targets set out in the Paris Agreement and the Convention on Biological Diversity, as well as the water-related objectives of EU environmental legislation. Based on an overview of the possible applications of digital technologies in agriculture, the article offers a status quo analysis of legal acts with relevance to digitalization in the EU agricultural sector. It is found that a reliable legal framework with regard to product liability and product safety, as well as data privacy, data access, and data security is important in this context. In addition, the European Common Agricultural Policy, as the most important funding instrument for digital innovations in the agricultural sector, should be designed in such a way that it links digitalization-related objectives more closely with sustainability targets. So far, the existing EU governance does not fully exploit the potentials of digitalization for environmental protection, and sight is lost of possible negative side effects such as rebound and shifting effects. Therefore, the article also offers proposals for the optimization of EU governance.

The Use of Digital Clinical Trial Methods in the Evaluation of Digital Therapeutics: A Scoping Review (Preprint)

2019 ◽  
Author(s):  
Allison Hirsch ◽  
Mahip Grewal ◽  
Anthony James Martorell ◽  
Brian Michael Iacoviello
Keyword(s):  
Clinical Trial ◽  
Clinical Trials ◽  
Clinical Research ◽  
Scoping Review ◽  
Digital Technologies ◽  
Good Clinical Practice ◽  
The United States ◽  
Clinical Trial Research ◽  
Digital Methods ◽  
Clinical Trial Methods

BACKGROUND Digital Therapeutics (DTx) provide evidence based therapeutic health interventions that have been clinically validated to deliver therapeutic outcomes, such that the software is the treatment. Digital methodologies are increasingly adopted to conduct clinical trials due to advantages they provide including increases in efficiency and decreases in trial costs. Digital therapeutics are digital by design and can leverage the potential of digital and remote clinical trial methods. OBJECTIVE The principal purpose of this scoping review is to review the literature to determine whether digital technologies are being used in DTx clinical research, which type are being used and whether publications are noting any advantages to their use. As DTx development is an emerging field there are likely gaps in the knowledge base regarding DTx and clinical trials, and the purpose of this review is to illuminate those gaps. A secondary purpose is to consider questions which emerged during the review process including whether fully remote digital clinical research is appropriate for all health conditions and whether digital clinical trial methods are inline with the principles of Good Clinical Practice. METHODS 1,326 records were identified by searching research databases and 1,227 reviewed at the full-article level in order to determine if they were appropriate for inclusion. Confirmation of clinical trial status, use of digital clinical research methods and digital therapeutic status as well as inclusion and exclusion criteria were applied in order to determine relevant articles. Digital methods employed in DTx research were extracted from each article and these data were synthesized in order to determine which digital methods are currently used in clinical trial research. RESULTS After applying our criteria for scoping review inclusion, 11 articles were identified. All articles used at least one form of digital clinical research methodology enabling an element of remote research. The most commonly used digital methods are those related to recruitment, enrollment and the assessment of outcomes. A small number of articles reported using other methods such as online compensation (n = 3), or digital reminders for participants (n = 5). The majority of digital therapeutics clinical research using digital methods is conducted in the United States and increasing number of articles using digital methods are published each year. CONCLUSIONS Digital methods are used in clinical trial research evaluating DTx, though not frequently as evidenced by the low proportion of articles included in this review. Fully remote clinical trial research is not yet the standard, more frequently authors are using partially remote methods. Additionally, there is tremendous variability in the level of detail describing digital methods within the literature. As digital technologies continue to advance and the clinical research DTx literature matures, digital methods which facilitate remote research may be used more frequently.

Solving the Internet Jurisdiction Puzzle

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Cyber Security ◽  
Data Privacy ◽  
Modern World ◽  
The Internet ◽  
Private International Law ◽  
Reform Initiatives ◽  
Legal Principles ◽  
Privacy Law ◽  
History Of

Internet jurisdiction has emerged as one of the greatest and most urgent challenges online, severely affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, Cyber security, intellectual property, freedom of speech, and Cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction––for both private international law and public international law––based on sixteen years of research dedicated specifically to the topic. The book demonstrates that our current paradigm remains attached to a territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction. He also proposes several other reform initiatives such as the concept of ‘investigative jurisdiction’ and an approach to geo-blocking, aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how properly to understand and work with rules of Internet jurisdiction. While Solving the Internet Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework.

Patient Autonomy, Capacity, and Consent

2020 ◽  
Author(s):  
Mary Donnelly ◽  
Jessica Berg
Keyword(s):  
United States ◽  
National Level ◽  
The United States ◽  
Legal Framework ◽  
National Standard ◽  
Legal Principles ◽  
Key Issues ◽  
Human Rights Norms ◽  
Law And Legislation

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.

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