New Dimensions in Privacy Law: International and Comparative Perspectives
Andrew T. Kenyon, Megan Richardson
Cambridge University Press, Nov 2, 2006 - Law
The challenges faced by privacy laws in changing technological, commercial and social environments are considered in this broad-ranging 2006 examination of privacy law. The book encompasses three overlapping areas of analysis: privacy protection under the general law; legislative measures for data protection in digital communications networks; and the influence of transnational agreements and other pressures toward harmonised privacy standards. Leading, internationally recognised authors discuss developments across these three areas in the UK, Europe, the US, APEC (Asia-Pacific Economic Cooperation), Australia and New Zealand. Chapters draw on doctrinal and historical analysis of case law, theoretical approaches to both freedom of speech and privacy, and the interaction of law and communications technologies in order to examine present and future challenges to law's engagement with privacy.
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Kahn invasions of privacyaffrontdignityinsofar as they undermine
A changed tort?
and the principles upon which these are based That will
concerned32 This restrictionwhen appliedin thecontextof internetuse can be striking33
Implementation aspects of the Framework
APEC Part IVs implementation provisions
Text of APECs privacy principles
b when necessary to provide a service or product requested
Such safeguards should be proportional to the likelihood and severity
a 1998 OECDstudyon electroniccommercesites45 Thestudy showsthat for nearly two thirds
Towards the recognition of new rights
should also beneﬁt from the possibility of online referral exchange
systems and publicising their quality labels and ensuring that
Making the Framework APECs opaque process
protectionwithboththeCouncilofEuropeConvention of198110 andthe Directiveof199511 Itwouldbealogicalandvaluabledevelopmentforthe
No doubt its processes look more consultative and transparent to
ones nose at the EU is not necessarily an approach
Australian Federal law New Zealand the Canadian Federal law is
correction principles It also reiterates that APEC does not require
surveillance systems to public scrutiny Openness principles are found
Conclusions a new low standard for IPPs
will incorporate all of the above functions or components and
the privacy of end users may justify legal limits on
while the second is more typical of common law jurisdictions
Citing Guardian Newspapers No 216 as authority that a preexisting
We turn to the second limb of the action ﬁrst
StrasbourgjurisprudenceItmaybesaidthat Englishcourts are too ready
in which Strange was implicated by his knowledge15 Such language
not professional but rather a man on account of whose
How little has changed
Other editions - View all
anonymity APEC Privacy Article Asia-Paciﬁc Australian Australian Broadcasting Corporation authority breach of conﬁdence Campbell Campbellv claim common law communications concerned conﬁdentiality conﬂict constitutional Court of Appeal Cox Broadcasting Corp data subject decision deﬁned deﬁnition difﬁcult Digital Rights Management DRM systems electronic European ﬁnal ﬁnd ﬁnding ﬁrst Framework free speech freedom of speech Hannover Hello House of Lords Human Rights Act Ibid identiﬁed implementation individual inﬂuence interests-based intrusion issue Justice Law Review legislation Lenah Game Meats Lord Hoffmann Lord Hope Lord Nicholls matter MGN Ltd Naomi Campbell NZLR OECD ofﬁcial one’s paras personal data personal information photographs plaintiff Prince Albert Privacy Act 1988 Privacy Law Privacy Principles privacy protection private facts processing public disclosure public interest reasonable recognised reﬂect remedy right to privacy rights-based signiﬁcant speciﬁc Strasbourg sufﬁcient surveillance technologies tion tort University Press users Utilitarianism Zealand
Page 17 - But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas, — that the best test of truth is the power of the thought to get itself accepted in the competition of the market ; and that truth is the only ground upon which their wishes safely can be carried out.
Page 29 - December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector, OJ 1998 L 24/1; Directive 2002/58/EC of the European Parliament and of the Council on the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), OJ 2002 L 201/37.