The Death of the Data Subject

2021 ◽  
pp. 174387212110493
Author(s):  
Gordon Hull
Keyword(s):  
Data Privacy ◽  
Biometric Identification ◽  
Legal Subject ◽  
Legal Standing ◽  
Legal Accountability ◽  
The One ◽  
Recognition Software ◽  
Corporate Liability ◽  
Data Subject ◽  
Central Claim

This paper situates the data privacy debate in the context of what I call the death of the data subject. My central claim is that concept of a rights-bearing data subject is being pulled in two contradictory directions at once, and that simultaneous attention to these is necessary to understand and resist the extractive practices of the data industry. Specifically, it is necessary to treat the problems facing the data subject structurally, rather than by narrowly attempting to vindicate its rights. On the one hand, the data industry argues that subjects of biometric identification lack legal standing to pursue claims in court, and Facebook recently denied that that its facial recognition software recognizes faces. On the other hand, industry takes consent to terms of service and arbitration clauses to create enforceable legal subject positions, while using promises of personalization to create a phenomenological subject that is unaware of the extent to which it is being manipulated. Data subjects thus have no legal existence when it is a matter of corporate liability, but legal accountability when it is a matter of their own liability. Successful reform should address the power asymmetries between individuals and data companies that enable this structural disempowerment.

Elementary Affective Sharing

2018 ◽  
Vol 2018 (1) ◽  
pp. 129-150
Author(s):  
Henning Nörnberg
Keyword(s):  
The Other ◽  
Primitive Form ◽  
Phenomenological Tradition ◽  
Current Discussion ◽  
Affective Intentionality ◽  
Elementary Form ◽  
The One ◽  
Central Claim

This paper contributes to the current discussion on collective affective intentionality. Very often, affective sharing is regarded as a special feature ofamore general form of we-intentionality being already in place. In contrast to this view, the paper attempts to explicate a more elementary form of affective sharing that does not simply presuppose other forms of we-intentionality, but amounts to a primitive form of we-intentionality of its own. The account presented here draws on two conceptual tools from the broader phenomenological tradition: prereflective we-intentionality on the one hand and atmospheric perception on the other. The central claim is that some instances of affective we-consciousness mainly emerge on the level of unthematic, pre-reflective orientation within one’s environment. The first part of the paper gives an account of this claim, while second part places the account in the broader discussion on collective affective intentionality.

Courts and Federalism: Judicial Doctrine in the United States, Australia, and Canada

2007 ◽  
Vol 40 (1) ◽  
pp. 247-249
Author(s):  
Anna Esselment
Keyword(s):  
United States ◽  
Legal Reasoning ◽  
The United States ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Division Of Powers ◽  
Independent Variable ◽  
Judicial Doctrine ◽  
The One ◽  
Central Claim

Courts and Federalism: Judicial Doctrine in the United States, Australia, and Canada, Gerald Baier, Vancouver and Toronto: UBC Press, 2006, pp. 207.Is everything old new again? Gerald Baier's insightful book brings back into the mainstream a long neglected examination of federalism from the perspective of judicial review. His analysis of the courts' impact on the development of federalism involves a detailed study of division of powers jurisprudence in the United States, Australia, and Canada. In each of these countries, Baier argues, the decisions of the highest courts continue to affect the shape of federalism, but his central claim turns on how these decisions are made. For Baier, judicial doctrine plays a significant role in influencing the reasoning of the courts and must be considered an independent variable worthy of study in its own right. Many scholars have debated the significance of doctrine on judicial decision making. However, Baier takes issue with scholars who, on the one hand, have characterized doctrine as a tool of objectivity and certainty, and those, on the other hand, who view doctrine as entirely political in nature (27). For Baier, doctrine is neither of these but it is “distinctly legal in character” and it is this legal reasoning that shapes outcomes (27).

Social Space and the Periodization of Economic History: A Case from Taiwan

1985 ◽  
Vol 27 (3) ◽  
pp. 531-561 ◽  
Author(s):  
P. Steven Sangren
Keyword(s):  
Economic History ◽  
Social Space ◽  
Theoretical Orientation ◽  
World View ◽  
Rhetorical Strategies ◽  
Ideal Types ◽  
Common Value ◽  
The One ◽  
The Relationship ◽  
Data Subject

Case studies in local economic history and organization conventionally employ either of two rhetorical strategies. In the first, a particular world view, theoretical orientation, or set of basic categories is assumed and forms the basis for organizing a description of a particular case; in the second, the facts or data are marshaled in an attempt to validate, authenticate, or test an explicitly stated theoretical position. Of course, these are ideal types, and many studies quite appropriately combine both. Progress is conceived as an outcome over time in which both kinds of study contribute to ever more elegant, encompassing, and parsimonious orderings of data. The nature of the relationship between theory, assumptions, world view, and so forth on the one hand, and data, subject, or facts on the other, transcends otherwise widely divergent arguments-for example, “Marxist,” “dependency,” “neoclassical,” and (more subtly) “substantivist.” In short, a common value, broadly “positivist,” informs most Western sociaI science discourse.

Autoencoder for ecg signal outlier processing in system of biometric authentication

2019 ◽  
Vol 24 (1-2) ◽  
pp. 108-117
Author(s):  
Khoma V.V. ◽  
◽  
Khoma Y.V. ◽  
Khoma P.P. ◽  
Sabodashko D.V. ◽  
...  
Keyword(s):  
Neural Networks ◽  
Statistical Approach ◽  
Main Idea ◽  
Biometric Identification ◽  
Ecg Signal ◽  
Biometric Authentication ◽  
Lower Accuracy ◽  
Novel Method ◽  
Waveform Distortions ◽  
The One

A novel method for ECG signal outlier processing based on autoencoder neural networks is presented in the article. Typically, heartbeats with serious waveform distortions are treated as outliers and are skipped from the authentication pipeline. The main idea of the paper is to correct these waveform distortions rather them in order to provide the system with better statistical base. During the experiments, the optimum autoencoder architecture was selected. An open Physionet ECGID database was used to verify the proposed method. The results of the studies were compared with previous studies that considered the correction of anomalies based on a statistical approach. On the one hand, the autoencoder shows slightly lower accuracy than the statistical method, but it greatly simplifies the construction of biometric identification systems, since it does not require precise tuning of hyperparameters.

scholarly journals THE AUTHORITY OF VILLAGE CREDIT UNION AS THE SUBJECT OF LIABILITY RIGHTS

Acta Comitas ◽  
2016 ◽  
Author(s):  
I Gusti Ngurah Wairocana ◽  
Putu Gede Arya Sumerthayasa ◽  
Jeanne Wiryandani Ratmaningrum
Keyword(s):  
Credit Union ◽  
Normative Study ◽  
Legal Subject ◽  
Legal Norms ◽  
The Third ◽  
The Status ◽  
The Subject ◽  
The One ◽  
Legal Discovery ◽  
The Village

According to the Bali Provincial Regulation No. 8 concerning Village Credit Union (hereinafter referred to as LPD) Article 2 paragraph (1) states that: LPD is a village-owned financial union conducting business in the village and for the benefit of the villagers. This is confirmed by the presence of the Decision of the Third Big Meeting by Village Assembly (MDP) Bali No. 009 / SK-PA III / MDP Bali /Vffl /2014 Article I paragraph (1), namely, the Village Credit Union is one of the possessions of the village. This type of research used in this thesis is a normative study. Normative study is the one that examines the level of legal norms, finding the non-existence of the LPD status as a legal subject of liability rights, so there is a legal vacuum in which the status of the LPD as the subject of a liability rights is not stipulated in the legislation and these problems will be a legal discovery. LPD is the possession of the village, so LPD cannot be the legal subject of liability right because the village itself has not been the subject of law. So the security liability agreement made by LPD is invalid because it does not qualify his legitimate agreements written in Article 1320 paragraph (4) of Civil Code regarding lawful cause or legal cause.

scholarly journals Delegation-Based Personal Data Processing Request Notarization Framework for GDPR Based on Private Blockchain

2021 ◽  
Vol 11 (22) ◽  
pp. 10574
Author(s):  
Sung-Soo Jung ◽  
Sang-Joon Lee ◽  
Ieck-Chae Euom
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Data Privacy ◽  
Personal Data ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Compliance Audit ◽  
General Data ◽  
Data Controller ◽  
Data Subject

With the growing awareness regarding the importance of personal data protection, many countries have established laws and regulations to ensure data privacy and are supervising managements to comply with them. Although various studies have suggested compliance methods of the general data protection regulation (GDPR) for personal data, no method exists that can ensure the reliability and integrity of the personal data processing request records of a data subject to enable its utilization as a GDPR compliance audit proof for an auditor. In this paper, we propose a delegation-based personal data processing request notarization framework for GDPR using a private blockchain. The proposed notarization framework allows the data subject to delegate requests to process of personal data; the framework makes the requests to the data controller, which performs the processing. The generated data processing request and processing result data are stored in the blockchain ledger and notarized via a trusted institution of the blockchain network. The Hypderledger Fabric implementation of the framework demonstrates the fulfillment of system requirements and feasibility of implementing a GDPR compliance audit for the processing of personal data. The analysis results with comparisons among the related works indicate that the proposed framework provides better reliability and feasibility for the GDPR audit of personal data processing request than extant methods.

scholarly journals Studi kritis model perjanjian mudarabah pada perbankan syariah di Indonesia

2016 ◽  
Vol 15 (1) ◽  
pp. 119
Author(s):  
Muhammad Sjaiful
Keyword(s):  
Point Of View ◽  
The Other ◽  
Islamic Banking ◽  
Islamic Bank ◽  
Legal Standing ◽  
Dual Status ◽  
Conventional Banks ◽  
The One

The presence of Islamic Banking in Indonesia on the one hand it should be welcomed because it is aproof of the excitement of the majority of Muslims in the country to attempt to practice the teachingsof Islam in the life of the muamalah each other. But very unfortunate if the concept of Islamic Bankingis still graft the principles of usury-based conventional banks. As shown in the mudaraba agreementscheme practiced by some Islamic Bank is still causing some problems from the viewpoint of Sharia,including Islamic Banking legal standing as related parties in the mudaraba agreement itself, the dualstatus, on the one side and the other side as mud}a>rib as s}ahib al mal. Held dual status that Islamic Bankingcourse diametrically opposed to the principles of sharia. Another serious problem that was seized inMud}arabah current agreement scheme is a scheme which is essentially an agreement contract debtsbetween Islamic Bank is positioning itself as a cahib al-mal with customers who position themselves asmud}a>rib. Being stuck mud}arabah made Islamic Bank debts into the scheme of course is very dangerousfrom the point of view of sharia because it would trap the usury-based parties in the transaction. For thereconstruction of the model that needs to be done mudaraba agreement on Islamic banking thatmodels the agreement actually purely on the basis of pure sharia upright.

scholarly journals An architecture for pervasive healthcare system based on the IP multimedia subsystem and body sensor network

2015 ◽  
Vol 28 (3) ◽  
pp. 439-456 ◽  
Author(s):  
Vanja Miskovic ◽  
Djordje Babic
Keyword(s):  
Sensor Networks ◽  
Mobile Health ◽  
Health Monitoring ◽  
Data Privacy ◽  
Instant Messaging ◽  
The Body ◽  
Ip Multimedia Subsystem ◽  
Data Format ◽  
The One ◽  
Mobile Health Monitoring

One of the most promising applications of sensor networks is mobile health monitoring. The key concept of New Generation Networks (NGN) is IP Multimedia Subsystem (IMS). The possibility of using mobile devices as gateways between sensor networks and IMS has led to the development of integrated solutions such as the one proposed in this paper. Event-based SIP for Instant Messaging and Presence Leveraging Extensions (SIMPLE) architecture is considered as the best solution for IMS based mobile health monitoring. This paper also describes usage of the Session Initiation Protocol (SIP) protocol to communicate with the IMS core, whereas data are transmitted within the body of SIP messages. Thus there is no need for additional transport protocol. Presence Information Data Format (PIDF) is used as data format and data privacy is controlled by XML Configuration Access Protocol (XCAP), which also provides the ability to manage groups of patients.

The No Impunity Policy in International Criminal Law: Justice versus Revenge

2009 ◽  
Vol 9 (1) ◽  
pp. 1-37
Author(s):  
Anja Matwijkiw
Keyword(s):  
Mixed Model ◽  
Critical Appraisal ◽  
International Criminal ◽  
International Criminal Law ◽  
Main Question ◽  
Legal Principles ◽  
Consistency Problem ◽  
Legal Accountability ◽  
The One ◽  
Jus Cogens

AbstractIn this article, the author examines the issue of justice versus revenge in the context of jus cogens crimes and fundamental moral and legal principles. Her objective is to provide a critical appraisal of M. Cherif Bassiouni's theory of punishment in the light of his general jurisprudence. The main question is whether there is a consistency problem. On the one hand, Bassiouni draws a distinction between justice and revenge. On the other hand, the distinction is not a dichotomy. This is to say that Bassiouni does not dogmatically prohibit revenge as a punitive measure in circumstances where jus cogens crimes have been committed and where there is no effective, independent and impartial judiciary, which can secure justice in terms of strict and legal accountability. Outlining the various premises for Bassiouni's so-called Mixed Model, the author shows that conclusions pertaining to consistency should not be interpreted simplistically.

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