87 research outputs found
The challenge to privacy from ever increasing state surveillance: a comparative perspective
No full textThis article explores how internet surveillance in the name of counterterrorism challenges privacy.
Introduction
International terrorism poses serious threats to the societies it affects. The counter-terrorism measures adopted since 2001 have sought to limit the advance of terrorism but, in the process, also created enormous challenges for (transnational) constitutionalism. Long-held and cherished principles relating to democracy, the rule of law and the protection of a wide range of human rights have come under increasing strain. Legislative authority to shoot down hijacked aircrafts or to use lethal drones against suspected terrorists affect the right to life; waterboarding of prisoners and other inhumane practices contravene the prohibition of torture; extraordinary renditions and black sites circumvent constitutionally protected rights and processes, including the right to freedom and security, the right to a fair trial and due process for suspected terrorists; ill-defined terrorism offences undermine the rule of law and personal freedom; blanket suspicion of Muslims as terror sympathisers impacts on freedom of religion and leads to unfair discrimination; and mass surveillance of communication sweeps away the right to privacy.
This article explores how internet surveillance in the name of counterterrorism challenges privacy. In Part II, the article analyses the international dimension of counter-terrorism measures and the conceptualisation of data protection and privacy in the European Union (‘EU’), the United States of America (‘US’) and Australia. Part III compares the different concepts of data protection and privacy, and explores the prospects of an international legal framework for the protection of privacy. Part IV concludes that work on international data protection and privacy standards, while urgently needed, remains a long-term vision with particularly uncertain prospects as far as antiterrorism and national security measures are concerned
When is Personal Data “About” or “Relating to” an Individual?: A Comparison of Australian, Canadian, and EU Data Protection and Privacy Laws
No full textThe definition of “personal information” or “personal data” is foundational to the application of data protection laws. One aspect of these definitions is that the information must be linked to an identifiable individual, which is incorporated in the requirement that the information must be “about” or “relating to” an individual. This article examines this requirement in light of recent judicial and legislative developments in Australia, Canada and the European Union. In particular, it contrasts the decisions rendered by the Federal Court of Australia in Privacy Commissioner v Telstra Corporation Ltd and by the European Court of Justice decisions in Scarlet Extended and Patrick Breyer v Bundesrepublik Deutschland as well as the new General Data Protection Regulation with Canadian law. This article also compares how the three jurisdictions deal with the vexed issue of IP addresses as personal information where the connection between the IP address and a particular individual often raises particular problems
Revitalising Public Law in a Technological Era: Rights, Transparency and Administrative Justice
No full textAuthor Yee-Fui Ng, Maria O’Sullivan, Moira Paterson and Normann Witzleb This article examines how public law should be revitalised in light of the increasing use of technology in government decision-making. As the recent controversy concerning the implementation of an automated debt recovery system by the Department of Social Services illustrates, the automation of government decision-making engages fundamental legal principles such as transparency, procedural fairness and reviewability. The use of technology in administrative decision-making in Australia therefore raises a number of critical, and interlocking, questions: Is Australian public law fit for purpose to protect individual rights in automated governmental decision- making? If not, what reforms are necessary and how should they be instituted? This article will consider these issues in relation to three specific areas of public law: privacy law, freedom of information, and judicial review. In doing so, it sets out concrete recommendations for the revitalisation of Australian public law so that it may become more value-compliant and consistent with emerging international best practice standards
When is personal data “about” or “relating to” an individual?: A comparison of Australian, Canadian, and EU data protection and privacy laws
No full textThe definition of “personal information” or “personal data” is foundational to the application of data protection laws. One aspect of these definitions is that the information must be linked to an identifiable individual, which is incorporated in the requirement that the information must be “about” or “relating to” an individual. This article examines this requirement in light of recent judicial and legislative developments in Australia, Canada and the European Union. In particular, it contrasts the decisions rendered by the Federal Court of Australia in Privacy Commissioner v Telstra Corporation Ltd and by the European Court of Justice decisions in Scarlet Extended and Patrick Breyer v Bundesrepublik Deutschland as well as the new General Data Protection Regulation with Canadian law. This article also compares how the three jurisdictions deal with the vexed issue of IP addresses as personal information where the connection between the IP address and a particular individual often raises particular problems
Crossing borders: extraterritorial application of Australian directors’ duties
No full textAustralian corporations operate in an increasingly international environment. It has intuitive appeal that Australian law should regulate the conduct of directors of Australian corporations even if it occurs outside Australia. This however can create tension with the competing rights of the foreign state in whose territory this conduct occurs to regulate such conduct. This thesis examines two questions. Firstly, does Australian law governing directors’ duties in fact apply to activities of a director of an Australian corporation which occur or have effect outside Australia? Secondly, as a matter of policy, should Australian law apply to such activities, and if so when? The thesis concludes that the current Australian law on this issue needs to be developed further. In examining the first question, this thesis analyses Australian law on directors’ duties in both its statutory and general form. The statutory analysis centres on the general extraterritoriality provision in subsection 5(4) of the Corporations Act 2001 (Cth) (‘CA’) and particularly its application to part 2D.1 on directors’ duties. Under this provision, each statutory director’s duty applies, ‘according to its tenor’, extraterritorially. With regard to Australian general law, comprising common law and equity, it is Australian private international law that determines the choice between Australian law and foreign law. The choice of law rules require, in a first step, a categorisation of the duty allegedly breached by the director. Three categories need to be distinguished: contract, tort and equity. For each category, choice of law rules can lead to the application of Australian law if the relevant conduct occurs overseas. However, the circumstances in which Australian general directors’ duties have extraterritorial application differs depending on whether the duty is of contractual, tortious or equitable origin. In considering the second question of whether and when Australian law should have extraterritorial application to directors’ duties, both a policy and comparative analysis is undertaken. This thesis concludes that Australian law should have extraterritorial application to directors’ duties providing there is a close connection with Australia in the particular circumstances. If there is no close connection with Australia but a closer connection with a foreign state that state’s laws should apply. The thesis concludes that subsection 5(4) of the CA on extraterritoriality operates appropriately in relation to directors’ duties in part 2D.1 CA. However, it is recommended that the provision be reworded to remove some ambiguity. In relation to the choice of law rules for general directors’ duties, the thesis recommends that a mandatory choice of law rule be prescribed for equity based causes of action for breaches of directors’ duties
Revitalising public law in a technological era: Rights, transparency and administrative justice
No full textAuthor Yee-Fui Ng, Maria O’Sullivan, Moira Paterson and Normann Witzleb This article examines how public law should be revitalised in light of the increasing use of technology in government decision-making. As the recent controversy concerning the implementation of an automated debt recovery system by the Department of Social Services illustrates, the automation of government decision-making engages fundamental legal principles such as transparency, procedural fairness and reviewability. The use of technology in administrative decision-making in Australia therefore raises a number of critical, and interlocking, questions: Is Australian public law fit for purpose to protect individual rights in automated governmental decision- making? If not, what reforms are necessary and how should they be instituted? This article will consider these issues in relation to three specific areas of public law: privacy law, freedom of information, and judicial review. In doing so, it sets out concrete recommendations for the revitalisation of Australian public law so that it may become more value-compliant and consistent with emerging international best practice standards
Obiteljska knjižnica Prandau-Normann - spomenička muzejska baština
No full textMajority of the Valpovo castle inventory of the Prandau-Normann family reached the Museum of Osijek after the Second World War through the work of the Commission for collection and protection of historical heritage (KOMZA) and among them the rich library with over 5000 items.
The Prandau-Normann library is one of the historical collections of the Museum Library as one of the nine departments of the complex Museum of Slavonia in Osijek. The preserved items bear witness to the areas of interest, social directions and activities of their owners, and the content of the collection resembles collections not only at Croatian courts but also those of Central Europe.
The holdings of the Prandau-Normann library vary in content: starting from fiction over classical literature, culture and art reference books to book collector editions. Music collection - music and theatre, mostly manuscript items, stand out.
Library items have been currently separated in the premises of the VIII bastion used by the Museum of Slavonia. These unique holdings stand out by the diversity of interest and contents as well as cultural direction being therefore very often the object of scientific research interest and exhibition projects.
The library holds single book samples that according to different features (design, artistic value of illustrations, documentary and historical significance of marginalia, importance of publisher and samples, particulars on the author) have the importance of museum items. This library holds historical, library, aesthetic and numerous other values and it is a real challenge to view it not only as a library but also as a museum unit that carries features of museum items and the ability to bear witness to the time, space and noble family such as the Prandau-Normann family in the 18th century and later. Unis further research and survey of the topic would contribute greatly to the
area of Croatian and Central European cultural and social history since the Prandau- Normann library will in this way be presented more closely to the wider public as one of the greatest historical libraries in Croatia, and this with merit
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