Transfer of Personal Data to a Third Country
I. Introduction
1.) An old issue, growing in importance
Searching the web, one can see that privacy on the Internet is a big
issue. Countless US or EU based human rights initiatives are fighting
for the right to privacy. What is the reason for this?
Although concerns about consumers' ability to protect their privacy
have been in existence for decades, the Internet makes the issue more
delicate: Businesses have access to a larger audience, which allows
them to collect more data from more people. Furthermore, collection of
more specific behavioural information is possible attaching cookies to
a hard drive, reporting which websites someone enters.[1] In addition,
data collection and storage having become much easier, faster and
cheaper, cost concerns do not limit data-collection practices.[2]
At the same time, the market for information about consumers and
consumer behaviour is continuously growing, side by side with the
expansion of e-commerce.
2.) Definition of the issue
Privacy can be defined as "the right of the individual to be protected
against intrusion into his personal life or affairs, or those of his
family, by direct physical means or by publication of information."[3]
This paper will focus purely on information privacy, also known as
"data protection", which means the rules governing the collection and
handling of personal data such as a person's name, address, phone
number, family status, social security or other identification number
or even medical, financial or government records. Data protection
concerns the process of gathering, storing, analysis and distribution
of personal data. Privacy issues can be divided into relations with
the public sector and with the private sector.[4] In this paper, I
will concentrate on the private sector, especially relevant because of
the growing importance of e-commerce.
3.) Fundamentally different approaches in the US and the EU
Europe and the US have very different approaches to data protection
and privacy. In 250 years, nations on each side of the Atlantic have
evolved their democracies into distinct forms of society and market
economy. Differences in culture, policies and society are the
consequence.
a.) Government Interference vs. Self-Regulation
As discussed in seminar one, there is an ongoing dispute regarding the
approach in choosing an apt legal framework for the public and
transnational sphere of cyberspace: Some scholars want governments to
interfere as little as possible, others see the need for a unified
legal framework. It seems that, concerning the privacy issue, the EU
has chosen the latter option, by imposing a comprehensive, general law
governing the collection, use and dissemination of data by public and
private sector, whose enforcement is assured by an oversight body. The
US tends to rely on sectoral laws, and on self-regulation for the
...an’s license; the HCO may receive a fine; not to mention a lengthy and very expensive trial; and the settlement awards granted by the court. Unfortunately, these type of lawsuits have a profound effect on the plaintiffs and defendants involved. The attention that the HCO receive in the media is negative, and the facility usually experience a loss of revenue due to slander and a bad reputation of incompetent medical professionals being on staff.
On July 11th, 1975 in Milwaukee, Wisconsin a doctor by the name of Lester V. Salinsky, performed a surgery on the plaintiff, James Johnson. The surgery was took place at Misericordia Community Hospital (Misericordia), defendant, by Dr. Salinsky. Dr. Salinsky was scheduled to remove a pin fragment from the plaintiff’s right hip. However, “during the course of this surgery, the plaintiff’s common femoral nerve and artery were damaged causing a permanent paralytic condition of his right thigh muscles with resultant atrophy and weakness and loss of function” (Johnson v. Misericordia Community Hospital, n.d.). The plaintiff filed suit against Dr. Salinksy and Misericorida on October 13th, 1976, fifteen months after his unsuccessful surgery, which
Ohio Dep’t of Rehabilitation & Correction are the poor-quality patient care that Tomcik received and Tomcik’s health being at risk. Once engaged in a doctor-patient relationship, physicians are obligated to provide the best possible care for the patient by utilizing their skills and knowledge as expected from a competent physician under the same or similar conditions (“What Is a Doctor’s Duty of Care?” n.d.). However, in Tomcik’s situation, Dr. Evans did not deliver high-quality care, for he administered a perfunctory breast examination and thus did not follow standard protocols. There is evidence of indifference conveyed by Dr. Evans, and the lack of proper care towards Tomcik is an issue that can be scrutinized and judged appropriately. Additionally, Tomcik’s health was at risk due to the failure of a proper physical evaluation and the incredibly long delay in diagnosis and treatment. The negligence from Dr. Evans, along with the lack of medical attention sought out by Tomcik after she had first discovered the lump in her breast, may contribute to Tomcik’s life being in danger as well as the emotional anguish she may have felt during that time period. Overall, the incident of Tomcik’s expectations from the original physician and other employees at the institution not being met is an ethical issue that should be dealt with
Bal, S. (2008). An Introduction to Medical Malpractice in the United States. Clinical Orthopaedics and related research, 467(2), 339–347.doi: 10.1007/s11999-008-0636-2 Retrieved from http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/
There are many ways personal information is collected. The companies who receive this information buy/sell personal information for marketing and advertising purposes but cyber-crimes can occur when personal information is transmitted through cyberspace. Communication professionals utilize technology a great deal in their work and they want to know their work and personal information is protected by Federal Law, Common-Law and Statutes.
Young, A. F; Young, R. (2008). Measuring the Effects of Film and Television on Tourism to Screen Locations: A Theoretical and Empirical Perspective. Journal of Travel & Tourism Marketing, 24, (2-3), 195-212.
Nowadays deforestation is the one of the most important and controversial environmental issues in the world. Deforestation is cutting down, clearing away or burning trees or forests. Particularly tropical rainforests are the most waning type of forests because of its location in developing countries such as Indonesia, the Philippines, India, central African countries and Brazil. Deforestation rate in those regions is high enough to worry about, because of large economic potential of forest areas. As the result of causes such as agriculture land expansion, logging for timber, fire blazing and settling infrastructure there might be serious impacts in future. For instance, extinction of endemic species of animals and plants which will be feral, increase of greenhouse gas emissions which may lead to global warming and consecutive catastrophes, destruction of home for indigenous residents which is considered as violation of human rights. Some people can argue with these drawbacks telling that deforestation have more valuable benefits such as growth of economics, production of food and providing better opportunities for life for poor families. However, these benefits are quite temporary and government of that countries and world organisations tries to halt deforestation proposing several solutions. Deforestation problem is especially acute in the Brazilian Amazon, where its rate is much high comparing with other regions. This paper will describe world-wide rainforests, causes and effects of deforestation, and evaluate possible solutions of deforestation in the Brazilian Amazon.
Nowadays, more people give away their personal information on social networks without realizing the potential threats. Under EU law, personal data is defined as ‘any information relating to an identified or identifiable natural person.’ While under Article 8 ECHR, there is a fundamental right for the privacy of your life. The Directive 95/46/EC sets a landmark in the history of data protection within the EU. In January 2012 the Commission drafted a proposal for new rules regarding data protection in order to replace the Data Protection Directive. While Directive 95/46/EC will be replaced by the new regulation on data protection, a new directive will replace the ‘Framework Decision’. The proposed Directive on data protection, aims to harmonize the current data protection law in all Member States. Also, one of the Data Protection Regulation goals is to give people more control over their data and make sure that their information is being protected. The Commission proposed a regulation instead of a directive because a regulation is applicable to all Member States without the need for individual, national implementation. This essay is structured as followed. The first part of the essay provides explores the background of data protection, to give a better understanding of the subject. The second part will focus on the justification of the reformation of Directive 95/46/EC. The third part of the essay explains the proposed regulation from the Commission and the response of the European Parliament. The final part will discuss the advantages and disadvantages of the proposed regulation and will focus on the differences of the new ‘Directive’ with the ‘Framework Decision.’
Finding ways to move goods from one point to another at a reasonable cost and within an acceptable time frame is a growing challenge for global businesses today. The costs and risks associated with transportation are increasing with the advent of globalization and low-cost-country sourcing. Even for companies with local operations only, they have to supply their products to various parts of a country which increases the costs and risks. Since the cost of gasoline has been on an upward trend, high level of efficiency in transportation is required to lower the costs involved and the risks associated with the costs. Costs concepts in transportation include economic, social and accounting costs. The risks and costs involved increases if the various modes of transport are used. There has been concern over many businesses failure to strategically think when they employ multimodal transportation services. Many businesses prefer the least expensive multimodal model instead of choosing the most effective; this trade-off is very expensive with hidden costs and risks increasing significantly (Molenaar, Anderson, Schexnayder, National Research Council (U.S.)., National Cooperative Highway Research Program., American Association of State Highway and Transportation Officials., & United States, 2010).
Learning other cultures and perspectives has always been an interest of mine. My family travels for vacation a lot, but while we are there we like to get to know and befriend the locals. We learned that befriending the locals and talking to them helps us avoid situations in which we might offend the culture, because we would never want to go to someone else’s home and do something that would be considered rude or ignorant. One reason I want to go to Norway is because I have never been to a Scandinavian country. Norway stood out to me because of its demographics in regards to ethnicity. I have always lived in an area where there were many people of the same ethnicity. I want to be pushed out of my comfort zone and try to learn about other cultures
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