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Today, cross-border data flows are an important component of international trade and an element of digital service models. However, they are impeded by restrictions on cross-border personal data transfers and data localization legislation. This Article focuses primarily on these complexities and on the impact of the new European Union ("EU") legislation on personal data protection—the GDPR. First, this Article introduces its discussion of these flows by placing them in their economic and geopolitical setting, including a discussion of the results of a lack of international harmonization of law in the area. In this framework, rule overlap and rival standards are relevant. Once this situation is established, this Article turns to an analysis of the legal measures that have filled the gap left by the lack of international regulation and the failure to harmonize law: extraterritorial laws in the European Union (regional legislation) and the United States (state legislation); and data localization laws in China and Russia. Specific provisions restricting cross-border personal data transfers are detailed under EU legislation, as are the international agreements that have been invaluable in allowing flows between the United States and the European Union to continue—first the Safe Harbor, and now the Privacy Shield. Finally, in this context, the role of data governance is investigated, both in the context of data controllers' accountability for the actions of other actors in global supply chains under EU law and under the Privacy Shield. Thus, this Article goes beyond the law itself, to place requirements in the context of the globalized business world of data flows, and to suggest ways that companies may improve their compliance position worldwide.

ABSTRACT
ObjectivesThe multi-country-EU project ADVOCATE (Added Value for Oral Care) involves the analysis of routinely collected oral health care records from health insurance systems in six European countries, including NHS England and NHS Scotland. The data will be stored in a in a central repository using AnalytiXagility which adheres to strict privacy and security standards. Therefore, data usage agreements must be consented with all partners and being subjected to specific regulations in the respective nation. This will result in different aggregation levels for data integration, e. g. one of the partners does not allow the transfer of data that contain a personal identifier. To understand the variety of requirements and limitations in different countries, we performed a qualitative content analysis of the agreements.
ApproachA categorisation system for privacy and data protection aspects was developed. The aspects are based on privacy conditions mentioned in guidance documents, the agreements themselves and the project's proposal. The agreements were examined for textual elements and systematically coded by three reviewers. Compliance between privacy conditions and the agreements was estimated using a nominal scale, whether the context was available in the agreement or not. The software MAXQDA was used for tagging relevant text passages.
ResultsThe initial coding scheme contains eight categories on top-level. They include, inter alia, aspects on data access, -preparation, -transmission, and -usage. The top-levels divide in up to four different levels of detail. The coding system was continuously adapted during full-text analysis. Initially, the agreements from the partners of Denmark and Germany were used. Characteristics in the agreements require a fine granularity of sub-categories. The German agreement, for example, names the whole institution as partner, whereas the Danish agreement differentiates in personal roles, each with own responsibilities.
ConclusionUndertaking an overview of privacy conditions can be a valuable step in comparing privacy and security requirements in different national regulations. The qualitative content analysis was found a suitable approach for this purpose because it enables the detection of fine characteristics. By using an incremental design, it is possible to adapt the coding system to include additional partners. However, the current coding system has the limitation that heterogeneity between the agreements leads to a fine granularity of categories that hamper the comparability between partners. Despite these problems, the approach allows the comparison of data privacy and supports the development of a data integration process for international harmonisation.

Advances in digital technology are expanding the boundaries of firms. Digital platform firms, which leverage a "platform" to create value through facilitating exchanges between two or more interdependent groups, are the new disrupters in the market. They exhibit distinct features such as scale without mass, positive network effects, accumulation of tremendous data, and a convoluted value creation process with user participation. Meanwhile, they bring more opportunities to traditional businesses by closely connecting suppliers and customers and reducing transaction frictions. Such a changing business landscape calls for adaptive policies and regulations. This policy paper lays out the key policy and regulatory issues around digital businesses. Competition laws need to be revisited to address the winner-take-all tendency of digital platform businesses. Tax systems should also be updated to close the loopholes available to digital platform businesses so that they pay their fair share to society. This paper also provides the first analysis of the World Bank's Digital Business Indicators initiative, which collects information on the existence and quality of regulations in broadband connectivity, digital payment, data privacy and security, as well as logistics, in 21 pilot countries. It aims to explore the possibilities for developing the regulatory and policy indicators that governments can work with to promote the digital economy.

Unmanned aerial vehicles, or 'drones', appear to offer a flexible, accurate and affordable solution to some of the technical challenges of nature conservation monitoring and law enforcement. However, little attention has been given to their possible social impacts. In this paper, I review the possible social impacts of using drones for conservation, including on safety, privacy, psychological wellbeing, data security and the wider understanding of conservation problems. I argue that negative social impacts are probable under some circumstances and should be of concern for conservation for two reasons: (1) because conservation should follow good ethical practice; and (2) because negative social impacts could undermine conservation effectiveness in the long term. The paper concludes with a call for empirical research to establish whether the identified social risks of drones occur in reality and how they could be mitigated, and for self-regulation of drone use by the conservation sector to ensure good ethical practice and minimise the risk of unintended consequences.

The EU's ambitious and far-reaching efforts at de facto and de jure regulation of high data standards is increasingly expressed as a global standard. It is mostly in the area of protection of privacy standards where the EU has innovated, but which raise complexities for the place of standards more broadly in digital trade. The challenge remains for the EU to upload its standards to multilateral agreements. However, developments as a digital services tax show the significance of the regulation of the digital matters outside of trade agreements.

Characteristics and development of the Internet -- User base of the Internet -- Impact of Internet use -- Internet access policy -- Cybercampaigning -- Party and group advocacy on the Internet -- E-government -- Journalism and the Internet -- Fundamentals of cyberlaw -- Content regulation -- Domain name law -- Piracy and privacy in cyberspace -- The Internet in global democracies -- Walls and ladders in nations limiting political freedom

Christa Corrine McLintock's "The Destruction of Media Diversity, or: How the FCC Learned to Stop Regulating and Love Corporate Dominated Media" investigates the current corporate consolidation climate and the efficacy of alternative media outlets. McLintock examines the history of the Federal Communication Commission ("FCC") and its current trend toward deregulation. McLintock argues that the Internet has failed to level the playing field between alternative media outlets and mainstream media conglomerates. She concludes that increased regulation is not only the most viable solution to the alternative media's predicament, but also the means through which to satisfy the FCC's stated goals, facilitate First Amendment objectives, and to effectuate overall democratic participation.

Christa Corrine McLintock's "The Destruction of Media Diversity, or: How the FCC Learned to Stop Regulating and Love Corporate Dominated Media" investigates the current corporate consolidation climate and the efficacy of alternative media outlets. McLintock examines the history of the Federal Communication Commission ("FCC") and its current trend toward deregulation. McLintock argues that the Internet has failed to level the playing field between alternative media outlets and mainstream media conglomerates. She concludes that increased regulation is not only the most viable solution to the alternative media's predicament, but also the means through which to satisfy the FCC's stated goals, facilitate First Amendment objectives, and to effectuate overall democratic participation.

Since 7 December 2018, Spain has had an employment right specific to the present digital age, which provides a guarantee that workers can rest on working technology outside their working hours. Many workers carry out their work in free hours and receive them or work calls when they should be resting and reconciling their personal and family life. Against the backdrop of the intensive use of information and communication technologies (ICT), workers' right to digital disconnection in the workplace is recognised as part of the right to privacy in the use of digital devices such as smartphones, computers, smartwatches, tablets, etc. In regulatory terms, the law is regulated first by means of Organic Law 3/2018. of 5 December on the Protection of Personal Data and Digital Rights Guarantee, which amends, among other legal provisions, the Workers' Statute, including a new article, Article 20a and, second and more recent, Article 18 of Royal Decree 28/2020 of 22 September on remote working. Thus, both public and private undertakings, regardless of their workforce, have an obligation for their workers who provide services both in physical and 'remote' workplaces or remotely to establish an internal policy on how to exercise the right to digital disconnection at work, after the workers' representatives have been heard. Similarly, the legislator calls for collective bargaining to ensure that the parties define in collective agreements the different modalities of digital disconnection. As can be seen, it is a flexible and self-regulatory right that can be attached to each job and sector of activity. The intensive use of ICT creates high levels of stress and computer fatigue, hence the need for workers to have the right to disconnect digitally and thus not to be available after working hours, rest days or holiday periods. This right must be exercised with full guarantees, especially as a result of the enhancement of 'analogue' or remote work resulting from COVID 19. Global pandemic that has pushed Brazil to provide services ...

This open access textbook introduces and defines digital humanism from a diverse range of disciplines. Following the 2019 Vienna Manifesto, the book calls for a digital humanism that describes, analyzes, and, most importantly, influences the complex interplay of technology and humankind, for a better society and life, fully respecting universal human rights. The book is organized in three parts: Part I "Background" provides the multidisciplinary background needed to understand digital humanism in its philosophical, cultural, technological, historical, social, and economic dimensions. The goal is to present the necessary knowledge upon which an effective interdisciplinary discourse on digital humanism can be founded. Part II "Digital Humanism – a System's View" focuses on an in-depth presentation and discussion of the main digital humanism concerns arising in current digital systems. The goal of this part is to make readers aware and sensitive to these issues, including e.g. the control and autonomy of AI systems, privacy and security, and the role of governance. Part III "Critical and Societal Issues of Digital Systems" delves into critical societal issues raised by advances of digital technologies. While the public debate in the past has often focused on them separately, especially when they became visible through sensational events the aim here is to shed light on the entire landscape and show their interconnected relationships. This includes issues such as AI and ethics, fairness and bias, privacy and surveillance, platform power and democracy. This textbook is intended for students, teachers, and policy makers interested in digital humanism. It is designed for stand-alone and for complementary courses in computer science, or curricula in science, engineering, humanities and social sciences. Each chapter includes questions for students and an annotated reading list to dive deeper into the associated chapter material. The book aims to provide readers with as wide an exposure as possible to digital advances and their consequences for humanity. It includes constructive ideas and approaches that seek to ensure that our collective digital future is determined through human agency.

Copyright © 2014 California Law Review, Inc. U.S. and EU privacy law diverge greatly. At the foundational level, they differ in their underlying philosophy: In the United States, privacy law focuses on redressing consumer harm and balancing privacy with efficient commercial transactions. In the European Union, privacy is hailed as a fundamental right that can trump other interests. Even at the threshold level-determining what information is covered by the regulation-the United States and European Union differ significantly. The existence of personal information- commonly referred to as "personally identifiable information" (PII)-triggers the application of privacy law. The U.S. and the European Union define this essential term of privacy law quite differently. The U.S. approach involves multiple and inconsistent definitions of PII that are often particularly narrow. The EU approach defines PII to encompass all information identifiable to a person, a definition that can be quite broad and vague. This divergence is so basic that it threatens the stability of existing policy mechanisms for permitting international data flows.In this Essay, we propose a way to bridge these differences regarding PII. We contend that a tiered approach to the concept of PII (which we call "PII 2.0") represents a superior way of defining PII compared to the current approaches in the United States and European Union. We also argue that PII 2.0 is consistent with the different underlying philosophies of the U.S. and EU privacy law regimes. Under PII 2.0, all of the Fair Information Practices (FIPs) should apply when data refers to an identified person or when there is a significant risk of the data being identified. Only some of the FIPs should apply when data is merely identifiable, and no FIPs should apply when there is a minimal risk that the data is identifiable. We demonstrate how PII 2.0 furthers the goals of both U.S. and EU privacy law and how PII 2.0 is consistent with their different underlying philosophies. PII 2.0 thus advances the process of bridging the current gap between U.S. and EU privacy law.

The regulation of intimate relationships has been a key battleground in the culture wars of the past three decades. In this bold and innovative book, Jean Cohen presents a new approach to regulating intimacy that promises to defuse the tensions that have long sparked conflict among legislators, jurists, activists, and scholars. Disputes have typically arisen over questions that apparently set the demands of personal autonomy, justice, and responsibility against each other. Can law stay out of the bedroom without shielding oppression and abuse? Can we protect the pursuit of personal happiness

This article will demonstrate the Supreme Court's inability to develop an objective methodology to derive and apply fourth amendment principles under either the traditional probable cause approach or the balancing approach. A detailed analysis of traditional probable cause will reveal that its premises are ultimately subjectively derived? This examination will also show that returning to traditional probable cause would necessitate resurrecting the unrealistic premise that an individual's privacy interest is always outweighed by the government's interest in searching if the authorities meet a static standard of probable cause. The article will then discuss the advent of the balancing approach and the new set of fourth amendment premises adopted by the Court. In addition, a consideration of these new assumptions about the nature of fourth amendment protection and how they have affected the traditional probable cause requirements will highlight the differences between the two approaches. Finally, the article will focus on the inadequacies of the "sliding scale" methodology the Court has used under the balancing approach and suggest several different theories of the fourth amendment's substance.

Cover -- Youth and Media - An Outline of Key Developments -- Introduction -- Youth as (Media) Consumers -- Permanently Online -- Mass Self-Communication -- Communicating with Machines -- References -- Why do Adolescents Watch Scripted Reality-TV? A Typology Based on Viewing Motives -- Introduction -- When Adolescents and Young Adults Watch TV -- Scripted Realities in German Television -- The Involved and the Self-enhancing Reception Pattern -- Mixed Method Design -- Results -- Type 1: Enthusiasts -- Type 2: Advice Seekers -- Type 3: Entertainment Seekers -- Type 4: Bored -- Summary -- Conclusion -- References -- "I Wanna be in the Loop!" - The Role of Fear of Missing Out (FoMO) for the Quantity and Quality of Young Adolescents' Mobile Phone Use -- Introduction -- Fear of Missing Out and Digital Connectedness -- FoMO and Early Adolescence -- Hypotheses -- Method -- Results -- Discussion -- References -- Everything Under Control? The Role of Habit Strength, Deficient Self-Regulation and Media Literacy for the Use of Social Network Sites Among Children and Adolescents -- Introduction -- SNS Attendance vs. SNS Addiction -- Media Literacy or "Medienkompetenz" - A German Perspective -- Method -- Sample and Procedure -- Measures -- Results -- Discussion and Limitations -- References -- Do Adolescents and Emerging Adults Reduce Their Privacy Voluntarily? A Theory of Reasoned Action Approach to Explain Self-disclosure on Facebook -- Introduction -- Privacy and Self-Disclosure on Facebook -- Privacy and its Value -- Online Self-Disclosure is a Threat to User Privacy -- Explaining Privacy Reducing Behavior on Social Networking Sites -- Method -- Sample -- Measures -- Data Analysis -- Results -- Descriptive Findings -- Model Test -- Discussion -- References

Intro -- Contents -- 1. The Meaning of Autonomy in Long-Term Care -- Different Concepts of Autonomy -- Autonomy, Privacy, and Liberty -- Conclusion -- 2. How Did We Get Here? A Brief History of the Nursing Home -- The Colonial Period -- The Rise of Institutions -- The Jacksonian Approach -- The Early Twentieth Century -- Social Security and the Advent of Proprietary Homes -- The Emerging Medical Model -- The Growth of Regulation -- The Regulatory Criteria at the Time of This Study -- Conclusion -- 3. The Research Setting and Strategies -- The Research Setting -- Research Strategy-The Use of Participant Observational Techniques -- Nonethnographic Data Collection -- Informed Consent -- Analysis -- Conclusion -- 4. The Value Basis of Long-Term Care -- Positive Staff Evaluations -- Negative Staff Evaluations -- Family Values -- Residence Staff Values -- Conclusion -- 5. Caring and Cared-for: Role Relationships in Long-Term Care -- The Role Relationships of Patient and Physician -- Role Relationships in Intermediate and Skilled Care -- Family Roles -- Role Relationships in the Residence -- Conclusion -- 6. Restrictions -- Preserving the Body -- Compliance with Fiscal Policies -- Maintenance of Institutional Routines -- Conclusion -- 7. Activities and Schedules: The Routine of Daily Life -- Temporal Autonomy -- Schedules of Care -- Scheduled Breaks in the Routine-Weekly Activities -- Residence Routines and Schedules -- Conclusion -- 8. Interaction Patterns and Autonomy -- Staff-Patient Interaction Patterns -- Staff-Resident Interactions -- Patient/Patient Interactions -- Conclusion -- 9. Privacy: Access to Space and Property -- Spatial Rights -- Privacy of Possessions -- Information Privacy -- Bodily Privacy -- Residential Units -- Conclusion -- 10. Physical Redirection and Restraint -- Physical Redirection -- Restraints -- Conclusion.