New Dimensions in Privacy Law: International and Comparative Perspectives

Front Cover
Andrew T. Kenyon, Megan Richardson
Cambridge University Press, Nov 2, 2006 - Law
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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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Contents

one hand and freedom of the press on the other
26
or towithholdpersonaldatasuchastheirsexordetailsoftheiraddress56
29
3
32
Kahn invasions of privacyaffrontdignityinsofar as they undermine
40
A changed tort?
55
4
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and the principles upon which these are based That will
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concerned32 This restrictionwhen appliedin thecontextof internetuse can be striking33
70
Implementation aspects of the Framework
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APEC Part IVs implementation provisions
109
ConclusionsaJanusfaced initiative?
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Text of APECs privacy principles
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a limitedandproportionaltomeetingtheobjectivestowhichtheexcep
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b when necessary to provide a service or product requested
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Such safeguards should be proportional to the likelihood and severity
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a 1998 OECDstudyon electroniccommercesites45 Thestudy showsthat for nearly two thirds
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Towards the recognition of new rights
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should also benefit from the possibility of online referral exchange
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systems and publicising their quality labels and ensuring that
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canbeextendedbeyondanyphysicalandfinancialharmcausedtoinclude
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5
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Making the Framework APECs opaque process
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protectionwithboththeCouncilofEuropeConvention of198110 andthe Directiveof199511 Itwouldbealogicalandvaluabledevelopmentforthe
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No doubt its processes look more consultative and transparent to
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ones nose at the EU is not necessarily an approach
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Australian Federal law New Zealand the Canadian Federal law is
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correction principles It also reiterates that APEC does not require
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surveillance systems to public scrutiny Openness principles are found
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Anonymity
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Conclusions a new low standard for IPPs
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will incorporate all of the above functions or components and
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the privacy of end users may justify legal limits on
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while the second is more typical of common law jurisdictions
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7
154
Citing Guardian Newspapers No 216 as authority that a preexisting
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8
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We turn to the second limb of the action first
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thecourtshavecompleted
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StrasbourgjurisprudenceItmaybesaidthat Englishcourts are too ready
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9
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10
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in which Strange was implicated by his knowledge15 Such language
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not professional but rather a man on account of whose
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How little has changed
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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.

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