Engaging Privacy and Information Technology in a Digital Age (2007) / Chapter Skim
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Appendix B International Perspectives on Privacy
Appendix B International Perspectives on Privacy
Pages 366-399
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From page 366... ...
Bygrave, Data Protection Law: Approaching Its Rationale, Logic and Limits, Kluwer Law International, The Hague/London/New York, 2002 (hereinafter cited as Bygrave, Data Protection Law, 2002)
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From page 367... ...
Koelman, "Privacy, Data Protection and Copyright: Their Interaction in the Context of Electronic Copyright Management Systems," Institute for Information Law, Amsterdam, 1998; later published in P.B. Hugenholtz, ed., Copyright and Electronic Commerce, Kluwer Law International, The Hague/London/Boston, 2000, pp.
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. 13 See generally, Hondius, Emerging Data Protection in Europe, 1975; and Bygrave, Data Protection Law, 2002.
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138-143 and references cited therein. 18 See Bygrave, Data Protection Law, 2002, pp.
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. 27 See generally Bygrave, Data Protection Law, 2002, p.
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34 See generally, Bygrave, Data Protection Law, 2002, pp. 133-134 and references cited therein.
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113-125 in P Wahlgren, ed., IT och juristutbildning, Nordisk årsbok i rättsinformatik, 000, Jure AB Stockholm, 2001; also published in Priacy Law and Policy Reporter 7:11-14, 33-36, 2000; and Bygrave, Data Protection Law, 2002, Chapter 7.
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46 At the same time, however, considerable uncertainty still seems to reign in many countries about exactly which interests and values are promoted by data privacy laws. This is reflected partly in academic discourse,47 partly in the absence in some laws of objects clauses formally 43 See generally, Bygrave, Data Protection Law, 2002, p.
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48 See, for example, the U.K. Data Protection Act of 1998 and Denmark's Personal Data Act of 2000 (Lo nr.
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Moore, Priacy: Studies in Social and Cultural History, M.E. Sharpe, Pub lishers, Armonk, N.Y., 1984 (hereinafter cited as Moore, Priacy, 1984)
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private sector and the lack of an independent agency (a data protection authority or a privacy commissioner) to specifically oversee the regulation of data privacy matters.61 Thus, within the Western liberal democratic "camp," cerns growing enthusiasm and respect for private life among Athenians over the course of the 4th century B.C.; see Moore, Priacy, pp.
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468. However, other explanations have also been advanced for the nondevelopment of a right to privacy in English common law: see, e.g., Napier, "International Data Protection Standards and British Experience," 1992, p.
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. 69 See generally Bygrave, Data Protection Law, 2002, p.
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110 and references cited therein. 71 Bygrave, Data Protection Law, 2002, p.
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. For more detail, see generally, Bygrave, Data Protection Law, 2002, particularly Chapters 1, 3, 5, 18, and 19.
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B.4.1 International Instruments The formal normative basis for data privacy laws derives mainly from catalogues of fundamental human rights set out in certain multilateral instruments, notably the Universal Declaration of Human Rights (UDHR) 82 and the International Covenant on Civil and Political Rights (ICCPR)
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Henke, Die Datenschutzkonention des Europarates [The Data Protection Convention of the Council of Europe] , Peter Lang, Frankfurt am Main/ Bern/New York, 1986; and Bygrave, Data Protection Law, 2002, especially p.
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95 See further, e.g., P.M. Schwartz, "European Data Protection Law and Restrictions on Inter national Data Flows," Iowa Law Reiew 80:471-496, 1995, especially p.
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Bygrave, "Determining Applicable Law Pursuant to European Data Protection Legislation," Computer Law and Security Report 16:252-257, 2000; Kuner, European Data Priacy Law and Online Business, 2003, Chapter 3; and A Charlesworth, "Information Privacy Law in the European Union: E Pluribus Unum or Ex Uno Plures?
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33 and references cited therein. 106 For details, see Bygrave, Data Protection Law, 2002, pp.
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; and Schwartz, "European Data Protection Law and Restrictions on International Data Flows," 1995. 114 See, for example, the extensive survey in Ellger, Der Datenschutz im grenzüberschreitende Datenerkehr, 1990.
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114-115 and references cited therein. 119 See the discussion in Bygrave, Data Protection Law, 2002, pp.
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34. 124 See further, Bygrave, Data Protection Law, 2002, p.
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129 See R Tang, "Personal Data Privacy: The Asian Agenda," speech given at 25th Inter national Conference of Data Protection and Privacy Commissioners, Sydney, Sept.
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Directive, they are now also typical for the laws of most East European countries. Nevertheless, it is important to note that each country has its own unique mix of rules;133 concomitantly, a good deal of variation exists in the degree to which each country shares the above-listed traits.134 For example, the Netherlands has always made relatively extensive use of 132 See further, for example, Bygrave, Data Protection Law, 2002, especially Chapters 2 through 4, and Kuner, European Data Priacy Law and Online Business, 2003.
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137 See, for example, Quebec's Act on Protection of Personal Information in the Private Sector of 1993. 138 Decision 2002/2/EC of 20.12.2001 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided by the Canadian Personal Information Protection and Electronic Documents Act (O.J.
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144 See further Electronic Privacy Information Center and Privacy International, Priacy and Human Rights, 2003, pp. 132-139 (hereinafter cited as Electronic Privacy Information Center and Privacy International, Priacy and Human Rights 00, 2003)
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149 For Australia, see Privacy Act of 1988; for Japan, see Act for Protection of Computer Processed Personal Data Held by Administrative Organs of 1988; for Korea, see Act on Protection of Personal Information Maintained by Public Agencies of 1994. 150 For Australia, see Privacy Amendment (Private Sector)
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Greenleaf, "Singapore Takes the Softest Privacy Options," Priacy Law and Policy Reporter 8:169-173, 2002. 156 See further, Electronic Privacy Information Center and Privacy International, Priacy and Human Rights 00, 2003, pp.
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160 See Currie and Klaaren, The Promotion of Access to Information Act, 2002. See also Elec tronic Privacy Information Center and Privacy International, Priacy and Human Rights 00, 2003, p.
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data privacy regime is weaker in fundamental respects than the equivalent regimes in many other countries, particularly those in Europe, which have had some influence in restricting certain data-processing practices and raising awareness of the importance of privacy safeguards.167 For example, one conclusion of a comparative study of the data privacy regimes of Germany, the United Kingdom, Sweden, Canada, and the United States is that "the United States carries out data protection differently than other countries, and on the whole does it less well."168 The major reasons for this finding are the lack of a U.S. federal data privacy agency, together with the paucity of comprehensive data privacy legislation covering the U.S.
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. For further discussion, see Bygrave, Data Protection Law, 2002, particularly pp.
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179 See especially Bygrave, Data Protection Law, 2002, Part IV.
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In this view, legislators' motives for enacting data privacy laws are increasingly concerned with engendering public acceptance for new information systems, particularly in the area of electronic commerce. Concomitantly, it is argued that the regimes are incapable of substantially curbing the growth of mass surveillance and control.181 180 Seeespecially Bygrave, "Where Have All the Judges Gone?
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