Moving beyond consent in data privacy law. An effective privacy management system for Internet services

<p>This thesis looks for a way to overcome the failure of consent as a means of addressing privacy problems associated with online services. It argues that consent to collection and use of personal data is an imperfect mechanism for individual authorisation because data privacy in relation to online services is a dynamic, continuous process. If people are to have autonomous choice in respect of their privacy processes, then they need to be able to manage these processes themselves. After careful examination of online services which pinpoints both the privacy problems caused by online service providers and the particular features of the online environment, the thesis devises a set of measures to enable individuals to manage these processes. The tool for achieving this is a Privacy Management Model (PMM) which consists of three interlocking functions: controlling (which consent may be a part of), organising, and planning. The thesis then proposes a way of implementing these functions in the context of online services. This requires a mix of regulatory tools: a particular business model in which individuals are supported by third parties (Personal Information Administrators), a set of technical/architectural tools to manage data within the ICT systems of the online service providers, and laws capable of supporting all these elements. The proposed legal measures aim to overcome the shortcomings of procedural principles by implementing a comprehensive model in which substantive legal principle underpins a bundle of statutory-level laws which enable privacy management functions. Those are explained against the background of the General Data Protection Regulation. All of this is designed to change the way decision-makers think about Internet privacy and form the theoretical backbone of the next generation of privacy laws.</p>

Moving beyond consent in data privacy law. An effective privacy management system for Internet services

<p>This thesis looks for a way to overcome the failure of consent as a means of addressing privacy problems associated with online services. It argues that consent to collection and use of personal data is an imperfect mechanism for individual authorisation because data privacy in relation to online services is a dynamic, continuous process. If people are to have autonomous choice in respect of their privacy processes, then they need to be able to manage these processes themselves. After careful examination of online services which pinpoints both the privacy problems caused by online service providers and the particular features of the online environment, the thesis devises a set of measures to enable individuals to manage these processes. The tool for achieving this is a Privacy Management Model (PMM) which consists of three interlocking functions: controlling (which consent may be a part of), organising, and planning. The thesis then proposes a way of implementing these functions in the context of online services. This requires a mix of regulatory tools: a particular business model in which individuals are supported by third parties (Personal Information Administrators), a set of technical/architectural tools to manage data within the ICT systems of the online service providers, and laws capable of supporting all these elements. The proposed legal measures aim to overcome the shortcomings of procedural principles by implementing a comprehensive model in which substantive legal principle underpins a bundle of statutory-level laws which enable privacy management functions. Those are explained against the background of the General Data Protection Regulation. All of this is designed to change the way decision-makers think about Internet privacy and form the theoretical backbone of the next generation of privacy laws.</p>

Smart Grid Using Internet of Things

The IoT (internet of things) is a network of people and stuff at any moment, anytime, for anyone, with any network or service. IoT is therefore a major complex worldwide network backbone for online service providers. The smart grid (SG) is one of IoT's main applications. SG is an interconnected data exchange network that gathers and analyzes data obtained from transmission lines, generation stations, and customers through the power grid. The internet of things has risen as the basis of creativity for energy grids. The chapter is based on the idea that, if one grid station transmitting electricity to customers is cut off due to some defects of IoT-based systems, all grid station loads can be connected to another system so that power is not disrupted. The authors discuss the IoT and SG and their relationship in this chapter. The best advantages for SG and specifications can be addressed in the SG works, creative innovations using IoT in SG, IoT software, and facilities in SG.

Mapping Online Intermediary Liability

Mapping intermediary liability online is a high call impelled by the fragmentation of intermediary liability legislation, regulation, and case law that, nonetheless, apply to globalized online service providers operating across the world in an interdependent digital environment. The Oxford Handbook of Online Intermediary Liability endeavours to substantially contribute to this mapping exercise, both from a subject-specific and jurisdictional perspective, while highlighting emerging trends in a field of research that has been fast-evolving and is today in a constant, quite unpredictable, flux. This chapter contextualizes the mapping exercise undertaken by the contributors to the Handbook. It introduces the findings of subsequent chapters and sews them together in an organic discourse to provide a blueprint for the consistent development of those chapters as it sets out in advance the most relevant trends according to which the structure of the Handbook has been generated.

Secondary Copyright Infringement Liability and User-Generated Content in the United States

In the United States, the question of whether and when online service providers can be held liable for copyright infringement committed by their users has been one of the most heavily litigated controversies of the digital age. This chapter answers these questions by reviewing the common law doctrine of secondary copyright infringement and all relevant case law behind it. It focuses on the interpretation of the Digital Millennium Copyright Act’s (DMCA’s) safe harbours before US courts, with special emphasis on the notion of actual and ‘red flag’ knowledge, wilful blindness, right and ability to control users’ behaviour, and inducement. This chapter focuses in particular on user-generated content (UGC) platforms by looking into the effects of the DMCA on the UGC market and the technological measures implemented to curb infringement on UGC platforms. The chapter also provides a review of legislative proposals to amend the legal framework that the DMCA implemented more than two decades ago and runs a comparative analysis with other similar international legislative frameworks.