{"title":"Subject the Protection of Individual Information Privacy to Its Limits","authors":"Jinting Deng","doi":"10.2139/ssrn.3267036","DOIUrl":"https://doi.org/10.2139/ssrn.3267036","url":null,"abstract":"This paper discusses the conflicts between the requirements of big data development for data development and those of the current individual information privacy protection system. It analyzes the over emphasis on self-determination regarding data development, which causes practical problems, and argues that such emphasis should respect the scope where data subjects could make subjective determination. It further argues that the existence of public sphere during data processing and the scope of self-determination are prerequisites to find information privacy interest, and thus the protection shall be subject to such limits. Accordingly, it proposes a three-step protective framework. Step One, when either of the two prerequisites is missing, no privacy exists and big data development shall be regulated through a multi-party participating mechanism which considers privacy risk as one of many factors. Data subjects shall have the right to data resource. Such arrangement provides the legitimacy for the development of big data. Step Two, when both exist, privacy exists and data development shall be regulated through a balance test which may reinterpret traditional privacy corners. Step Three, when privacy prevails in the balance test, data development shall respect the self determination of data subjects, which includes strengthened consent or even customer expectations requirements. The article concludes with implications of the framework for current information privacy protection system.","PeriodicalId":167594,"journal":{"name":"IRPN: Innovation & Privacy Law & Policy (Topic)","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132053305","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"How to throw the race to the bottom: revisiting signals for ethical and legal research using online data","authors":"Erin E. Kenneally","doi":"10.1145/2738210.2738211","DOIUrl":"https://doi.org/10.1145/2738210.2738211","url":null,"abstract":"With research using data available online, researcher conduct is not fully prescribed or proscribed by formal ethical codes of conduct or law because of ill-fitting \"expectations signals\" -- indicators of legal and ethical risk. This article describes where these ordering forces breakdown in the context of online research and suggests how to identify and respond to these grey areas by applying common legal and ethical tenets that run across evolving models. It is intended to advance the collective dialogue work-in-progress toward a path that revisits and harmonizes more appropriate ethical and legal signals for research using online data between and among researchers, oversight entities, policymakers and society.","PeriodicalId":167594,"journal":{"name":"IRPN: Innovation & Privacy Law & Policy (Topic)","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129735835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Collision between Big Data and Privacy Law","authors":"Stephen Wilson","doi":"10.18080/JTDE.V2N3.283","DOIUrl":"https://doi.org/10.18080/JTDE.V2N3.283","url":null,"abstract":"We live in an age where billionaires are self-made on the back of the most intangible of assets – the information they have about us. The digital economy is awash with data. It's a new and endlessly re-useable raw material, increasingly left behind by ordinary people going about their lives online. Many information businesses proceed on the basis that raw data is up for grabs; if an entrepreneur is clever enough to find a new vein of it, they can feel entitled to tap it in any way they like. However, some tacit assumptions underpinning today's digital business models are naive. Conventional data protection laws, older than the Internet, limit how Personal Information is allowed to flow. These laws turn out to be surprisingly powerful in the face of 'Big Data' and the 'Internet of Things'. On the other hand, orthodox privacy management was not framed for new Personal Information being synthesised tomorrow from raw data collected today. This paper seeks to bridge a conceptual gap between data analytics and privacy, and sets out extended Privacy Principles to better deal with Big Data.","PeriodicalId":167594,"journal":{"name":"IRPN: Innovation & Privacy Law & Policy (Topic)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116783521","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Protecting Post-Mortem Privacy: Reconsidering the Privacy Interests of the Deceased in a Digital World","authors":"L. Edwards, Edina Harbinja","doi":"10.2139/ssrn.2267388","DOIUrl":"https://doi.org/10.2139/ssrn.2267388","url":null,"abstract":"Post-mortem privacy is not a recognised term of art or institutional category in general succession law or even privacy literature. It may be termed the right of a person to preserve and control what becomes of his or her reputation, dignity, integrity, secrets or memory after their death. While of established concern in disciplines such as psychology, counselling and anthropology, this notion has till now has received relatively little attention in law, especially common law. We argue that the new circumstances of the digital world, and in particular the emergence of a new and voluminous array of “digital assets” created, hosted and shared on web 2.0 intermediary platforms, and often revealing highly personal or intimate personal data, require a revisiting of this stance. An analysis of comparative common and civilian law institutions, focusing on personality rights, defamation, moral rights and freedom of testation, confirms that there is little support for post-mortem privacy in common law, and while personality rights in general have greater traction in civilian law, including their survival after death, the primary role taken by contract regulation may still mean that users of US-based intermediary platforms, wherever they are based, are deprived of post mortem privacy rights. Having establshed a crucial gap in online legal privacy protection, we suggest future protection may need to come from legislation, contract or “code” solutions, of which the first emergent into the market is Google Inactive Account Manager.","PeriodicalId":167594,"journal":{"name":"IRPN: Innovation & Privacy Law & Policy (Topic)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134360956","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"New Challenges to Data Protection Study - Comparative Chart: Divergencies between Data Protection Laws in the EU","authors":"D. Korff","doi":"10.2139/SSRN.1638951","DOIUrl":"https://doi.org/10.2139/SSRN.1638951","url":null,"abstract":"This paper was produced in the context of the study on \"New Challenges to Data Protection.\" commissioned by the European Commission. It contains charts reflecting the findings of Working Paper No. 2: Data Protection Laws in the EU: The difficulties in meeting the challenges posed by global social and technical developments, by the same author (the Team Leader for the current project).That paper can be separately downloaded from the present SSRN page, as can the full final report on the study, the executive summary of that final report, and three country reports written by the same author, Douwe Korff.","PeriodicalId":167594,"journal":{"name":"IRPN: Innovation & Privacy Law & Policy (Topic)","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125264124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Administrative Transaction Data","authors":"J. Lane","doi":"10.2139/ssrn.1445349","DOIUrl":"https://doi.org/10.2139/ssrn.1445349","url":null,"abstract":"The value of administrative transaction data, such as financial transactions, credit card purchases, telephone calls, and retail store scanning data, to study social behaviour has long been recognised. Now new types of transactions data made possible by advances in cyber-technology have the potential to further exland social scientists’ research frontier. This chapter discusses the potential for such data to be included in the scientific infrastructure. It discusses new approaches to data dissemination, as well as the privacy and confidentiality issues raised by such data collection. It also discusses the characteristics of an optimal infrastructure to support the scientific analysis of transactions data.","PeriodicalId":167594,"journal":{"name":"IRPN: Innovation & Privacy Law & Policy (Topic)","volume":"194 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116891565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}