Oxford University Press's
Academic Insights for the Thinking World
‘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.
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.