Papers by Joseph Cannataci
The individual and privacy
Contents: Introduction. Part I The Time Dimension: Perspectives from History and Anthropology thr... more Contents: Introduction. Part I The Time Dimension: Perspectives from History and Anthropology through Philosophy to Religion and Technology Law: Privacy in eighteenth-century Aleppo: the limits of cultural ideals, Abraham Marcus An introduction to Stannera (TM)s concept of privacy, John Hilary Martin, and Privacy and the Aboriginal people, W.E.H. Stanner Privacy: an intercultural perspective, Rafael Capurro Japanese conceptions of privacy: an intercultural perspective, Makoto Nakada and Takanori Tamura Privacy, technology law and religions across cultures, Joseph A. Cannataci. Part II The Space Dimensions in Privacy Perspectives and Methodologies: from Early Days in Sociology through Social Psychology to the Socio-Legal Approach and the Cognitive Sciences in the Twenty-First Century: The sociology of secrecy and of secret societies, Georg Simmel The social psychology of privacy, Barry Schwartz Interpersonal relationships and personal space: research review and theoretical model, Eric Sundstrom and Irwin Altman Privacy regulation: culturally universal or culturally specific?, Irwin Altman The socio-legal context of privacy, Philip Leith Guide to measuring privacy concern: review of survey and observational instruments, SA ren Preibusch Theoretical and practical considerations for online privacy research: CONSENT as a case-study, Noellie Brockdorff, Liberato Camilleri, Marco Montalto, Albert Caruana, Saviour Chircop and Jeanne Pia Mifsud Bonnici. Part III The Cultural Dimension: Conceptualizations of Privacy and Personality around the World: The dao of privacy, Lara A. Ballard Conceptualizing privacy, Daniel J. Solove a "Ia (TM)ve got nothing to hidea (TM) and other misunderstandings of privacy, Daniel J. Solove Lex personalitatis & technology-driven law, Joseph A. Cannataci Data protection in Germany I: the population census decision and the right to informational self-determination, Gerrit Hornung and Christoph Schnabel Data protection in Germany II: recent decisions on online-searching of computers, automatic number plate recognition and data retention, Gerrit Hornung and Christoph Schnabel Protecting the right to privacy in China, Cao Jingchun Privacy and developing countries, Gus Hosein. Name Index.
Reflections on the UN Consultation on 'Big Data - Open Data
Social Science Research Network, Nov 1, 2018
Soixante-treizième session Point 74 b) de l'ordre du jour Promotion et protection des droits de l... more Soixante-treizième session Point 74 b) de l'ordre du jour Promotion et protection des droits de l'homme : questions relatives aux droits de l'homme, y compris les divers moyens de mieux assurer l'exercice effectif des droits de l'homme et des libertés fondamentales Droit à la vie privée* Note du Secrétaire général Le Secrétaire général a l'honneur de transmettre à l'Assemblée générale le rapport établi par le Rapporteur spécial sur le droit à la vie privée, M. Joseph A. Cannataci, en application de la résolution 28/16 du Conseil des droits de l'homme. __________________ * Le présent rapport a été soumis après la date limite, afin de prendre en compte l'évolution récente de la situation. A/73/438 18-17254 2/26 Rapport du Rapporteur spécial sur le droit à la vie privée Résumé Le présent rapport est divisé en deux parties : un résumé des activités menées au cours de la période 2017-2018 et le rapport final sur les travaux de l'équipe spéciale chargée des mégadonnées et des données ouvertes créée par le Rapporteur spécial.
Kummissjoni Nazzjonali Handikappati, 1989
When I was approached and asked about the idea of formulating a national register of the Handicap... more When I was approached and asked about the idea of formulating a national register of the Handicapped, I replied that it was a positive thing; rather, it was essential to have one. Without information we would not be able to analyse and plan effectively so as to ensure that the limited resources at our disposal are put to use in the best way possible for the benefit of the handicapped and Maltese society. However at the same time I warned that any register which would eventually be compiledbe it national or otherwisemust incorporate all the necessary measures needed for the protection of fundamental rights as enshrined in the most progressive and modern laws formulated during these last twenty years. Nowadays, when someone wishes to gather any information in a systematic way, it is normal practice for a computer to be used to store and analyse the information gathered, and I am in no doubt that if we are to start a project on a national register we will perforce be using a computer to assist us in our work. What should we do to ensure that the information collected for the national register is in fact collected, stored and used only by those authorised to do so? Intemationallegal machinery has developed a number of principles and methods to achieve these aims. Let us glance at those developmentsboth local and foreign-which can bear on the manner in which we compile a national register of the handicapped. But first let me clarify some points. Perhaps somebody amongst you is asking himself:"What prompted the organisers of a seminar on the handicapped to invite someone who specialises in computer and the law? With so many
The Implementation of European Privacy Law in Malta
The Implementation and Enforcement of European Union Law in Small Member States, 2021
This chapter seeks to discuss the implementation of the various privacy law measures in the Repub... more This chapter seeks to discuss the implementation of the various privacy law measures in the Republic of Malta. The status of privacy law in Malta is complicated by the fact that it is a matter which is subject to two complementary systems of international law of which Malta is a member. Malta is a full member of the EU and as such subject to EU law such as the General Data Protection Regulation and Directive 2016/680 but there are important dimensions of privacy which are outside the remit of the GDPR or the Directive, yet which are regulated by wider European law. The GDPR and the Police Directive did not set out to provide privacy safeguards and remedies in the context of national security since they would have been “ultra vires” had they tried to do so. On the other hand, many European states have, before or since the Snowden revelations, beefed up their domestic legislation and/or witnessed landmark decisions by their own national constitutional courts on privacy-related matters...
The Individual and Privacy
Contents: Introduction. Part I The Time Dimension: Perspectives from History and Anthropology thr... more Contents: Introduction. Part I The Time Dimension: Perspectives from History and Anthropology through Philosophy to Religion and Technology Law: Privacy in eighteenth-century Aleppo: the limits of cultural ideals, Abraham Marcus An introduction to Stannera (TM)s concept of privacy, John Hilary Martin, and Privacy and the Aboriginal people, W.E.H. Stanner Privacy: an intercultural perspective, Rafael Capurro Japanese conceptions of privacy: an intercultural perspective, Makoto Nakada and Takanori Tamura Privacy, technology law and religions across cultures, Joseph A. Cannataci. Part II The Space Dimensions in Privacy Perspectives and Methodologies: from Early Days in Sociology through Social Psychology to the Socio-Legal Approach and the Cognitive Sciences in the Twenty-First Century: The sociology of secrecy and of secret societies, Georg Simmel The social psychology of privacy, Barry Schwartz Interpersonal relationships and personal space: research review and theoretical model, Eric Sundstrom and Irwin Altman Privacy regulation: culturally universal or culturally specific?, Irwin Altman The socio-legal context of privacy, Philip Leith Guide to measuring privacy concern: review of survey and observational instruments, SA ren Preibusch Theoretical and practical considerations for online privacy research: CONSENT as a case-study, Noellie Brockdorff, Liberato Camilleri, Marco Montalto, Albert Caruana, Saviour Chircop and Jeanne Pia Mifsud Bonnici. Part III The Cultural Dimension: Conceptualizations of Privacy and Personality around the World: The dao of privacy, Lara A. Ballard Conceptualizing privacy, Daniel J. Solove a "Ia (TM)ve got nothing to hidea (TM) and other misunderstandings of privacy, Daniel J. Solove Lex personalitatis & technology-driven law, Joseph A. Cannataci Data protection in Germany I: the population census decision and the right to informational self-determination, Gerrit Hornung and Christoph Schnabel Data protection in Germany II: recent decisions on online-searching of computers, automatic number plate recognition and data retention, Gerrit Hornung and Christoph Schnabel Protecting the right to privacy in China, Cao Jingchun Privacy and developing countries, Gus Hosein. Name Index.
SMART project Deliverable 12.3 Toolkit incorporating design guidelines and a model law identifying safeguards needed when smart surveillance systems are planned and used
Changing Communities, Changing Policing
Final Report drawing on all the results of the CONSENT project
SIIP Project: D2.5 - Report on trends and standards in Privacy and Data Protection legislation; status of legislation and practices regarding Lawful Intercept and monitoring procedures
The library of essays on law and privacy
Regulating cross-border situations in electronic evidence in the criminal law process: difficulties waiting for solutions
Law, Governance and Technology Series, 2018
The contributions describe the final Road Map for the realization of the harmonized framework on ... more The contributions describe the final Road Map for the realization of the harmonized framework on Electronic Evidence Treatment and Exchange. It is against a complex background that this "Roadmap" needs to be understood as it takes all challenges, including legal, operational, technical and data protection, forward and proposes ways to take action on a national and on a European level while taking into account various important aspects such as the actors involved. It is important to reiterate that no one action alone will solve the ensemble of challenges as regards the collection, preservation, use and exchange of electronic evidence. The actions need to be taken together for changes to be more effective. The Roadmap is aimed at showing the way forward for creating a Common European Framework for the systematic, aligned and uniform application of new technologies in the collection, preservation, use and exchange of evidence in criminal proceedings.
Consumer sentiment regarding privacy on user generated content (UGC) services in the digital economy
One of the key changes in societal trends and lifestyles witnessed over the past few years has be... more One of the key changes in societal trends and lifestyles witnessed over the past few years has been the move on-line of many consumers and the way they have become increasingly sophisticated in their media consumption habits. Have these recent changes to consumer and commercial practices developed in such a way that consumers are (in)voluntarily signing away their fundamental right to privacy? This CONSENT project seeks to examine how consumer behaviour, and commercial practices are changing the role of consent in the processing of personal data. While consumer consent is a fundamental value on which the European market economy is based, the way consumer consent is obtained is questionable in popular user-generative/user-generated (UGC) online services (including sites like MySpace, YouTube and Facebook), whose commercial success depends to a large extent on the disclosure by their users of substantial amounts of personal data. (https://www.consent.law.muni.cz/) WP7: Quantitative me...
Law, Governance and Technology Series, 2018
Beyond the different and varied rules that each Member State adopts regarding the admissibility a... more Beyond the different and varied rules that each Member State adopts regarding the admissibility and development of evidence, including digital evidence, elements that in any case must be guaranteed are its relevance and its authenticity with respect to the case being examined. However, these requirements are far from easy to achieve, taking into account some peculiar characteristics of digital evidence, for example, its fragility (easily alterable, damageable and destructible) and its immateriality, namely, the difficulty in associating particular evidence to a physical object: Often it is confused with the device that contains it and therefore closely linked to the concepts of changeability and volatility. This means that the lifecycle of digital evidence must always be accompanied by documentation, always kept up to date, constituting the so-called chain of custody, i.e., the document that describes in detail what happens to digital evidence from the moment in which it was identified as evidence until its presentation before the judge in the trial phase, more specifically, the person who took possession of it to preserve its authenticity, when, where and how, and in what manner. The issue of digital evidence is necessarily interdisciplinary in that it affects different areas: the law in its national, European and international forms, digital forensics, computer science, sociology of law and diplomatics. The latter discipline, perhaps the least known among those mentioned, is focused on "studying the forms that official, legally probative or even constitutive documentation has taken over time".
Encyclopedia of Behavioral Medicine, 2020
Daily hassles; Everyday problems Definition Daily stress is defined as mundane hassles, strains, ... more Daily hassles; Everyday problems Definition Daily stress is defined as mundane hassles, strains, or annoyances associated with routine daily activities and transactions of everyday life. Daily stress is relatively minor, but has the potential to disrupt the flow of everyday life and add to overall levels of stress. Daily stress can be both anticipated and unanticipated. Anticipated daily stressors include, for example, driving in rush hour traffic on the way home from work, paying bills, working long hours, job performance evaluations, or taking children to after-school activities. Unanticipated stressors may include arguments with spouse, car trouble, getting stuck in long lines at the grocery store, getting sick, losing one's keys, or inconveniences due to weather. Description Daily stressors are not inherently stressful events, but they are events that people might appraise as stressful. The experience of feeling stressed depends on what events one notices and how one appraises or interprets these events, which is referred to as the "primary appraisal." Events that are stressful for one person may be routine for another. For example, one may see an upcoming job interview as an exciting opportunity. Others may view it as terrifying. Theoretically, the person then engages in a "secondary appraisal" to
Report : recommendation R (87) 15 – twenty-five years down the line
Law, Governance and Technology Series, 2018
The contributions describe the final Road Map for the realization of the harmonized framework on ... more The contributions describe the final Road Map for the realization of the harmonized framework on Electronic Evidence Treatment and Exchange. It is against a complex background that this "Roadmap" needs to be understood as it takes all challenges, including legal, operational, technical and data protection, forward and proposes ways to take action on a national and on a European level while taking into account various important aspects such as the actors involved. It is important to reiterate that no one action alone will solve the ensemble of challenges as regards the collection, preservation, use and exchange of electronic evidence. The actions need to be taken together for changes to be more effective. The Roadmap is aimed at showing the way forward for creating a Common European Framework for the systematic, aligned and uniform application of new technologies in the collection, preservation, use and exchange of evidence in criminal proceedings.
La regolamentazione delle prove elettroniche nei processi penali in “situazioni transnazionali” : problemi in attesa di soluzioni
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Papers by Joseph Cannataci