Oxford University Press's
Academic Insights for the Thinking World
At the moment the media, political parties and the legal establishment are all focussed on the big questions of Brexit. What happens to the Northern Ireland border? What does Brexit mean for farmers? And what does it mean for the future of the Nations and regions of the UK? However potentially the most problematic aspects of Brexit are not the big issues but the small technical details
‘Territoriality’ plays a central role under our current paradigm of jurisdictional thinking. Indeed, a State’s rights and responsibilities are largely defined by reference to territoriality. States have exclusive powers in relation to everything that occurs within their respective territories, and this right is combined with a duty to respect the exclusive powers of other States over their respective territories.
Defining “privacy” has proven akin to a search for the philosopher’s stone. None of the numerous theories proposed over the years seems to encompass all the varied facets of the concept. In considering the meaning of privacy, it can be fruitful to examine how a great artist of the past has dealt with aspects of private life that retain their relevance in the Internet age.
Everyday objects are becoming increasingly connected to the internet. Whether it’s a smart phone that allows you to check your home security, or an app that lets you start your car or close your garage door from anywhere in the world; these technologies are becoming part of what is known as the Internet of Things.
It is customary to distinguish between three different forms of jurisdiction. As is well known, prescriptive (or legislative) jurisdiction relates to the power to make law in relation to a specific subject matter. Judicial (or adjudicative) jurisdiction, as the name suggests, deals with the power to adjudicate a particular matter. And, finally, enforcement jurisdiction relates to the power to enforce the law put in place, in the sense of, for example, arresting, prosecuting and/or punishing an individual under that law.
Children have become heavy new media users. Empirical data shows that a number of children accessing the internet – contrary to the age of users – is constantly increasing. It is estimated that about 60% of European children are daily or almost daily internet users, and therefore, by many they are considered to be “digital natives”.
By Dan Jerker B. Svantesson
One of the most prominent features of jurisdictional rules is a focus on the location of actions. For example, the extraterritorial reach of data privacy law may be decided by reference to whether there was the offering of goods or services to EU residents, in the EU.
By Dr Christopher Kuner
On the occasion of international Data Protection Day on the 28th of January, I would like to explore how European data protection law can become more efficient and effective, and better tailored to the needs of individuals.
By Christopher Kuner
Widespread Internet surveillance by governments, whether carried out directly or by accessing private-sector databases, is a major threat to the data protection and privacy rights of individuals. It seems that in some countries (such as the United States), the national security state is out of control.
By Christopher Kuner
The recent revelations concerning widespread US government access to electronic communications data (including the PRISM system apparently run by the National Security Agency) leave many questions unanswered, and new facts are constantly emerging. Thoughtful commentators should be hesitant to make detailed pronouncements before it is clear what is actually going on.
By Christopher Kuner
Tension between different regulatory systems has long existed in certain areas (think of the disagreements between EU and US competition regulators regarding the aborted GE-Honeywell merger in the early 2000s). A similar power struggle is currently underway between different legal regimes regulating the collection, processing, and transfer of personal data.