Search results

1 – 10 of 310
Open Access
Book part
Publication date: 9 December 2021

Mark Taylor and Richard Kirkham

A policy of surveillance which interferes with the fundamental right to a private life requires credible justification and a supportive evidence base. The authority for such…

Abstract

A policy of surveillance which interferes with the fundamental right to a private life requires credible justification and a supportive evidence base. The authority for such interference should be clearly detailed in law, overseen by a transparent process and not left to the vagaries of administrative discretion. If a state surveils those it governs and claims the interference to be in the public interest, then the evidence base on which that claim stands and the operative conception of public interest should be subject to critical examination. Unfortunately, there is an inconsistency in the regulatory burden associated with access to confidential patient information for non-health-related surveillance purposes and access for health-related surveillance or research purposes. This inconsistency represents a systemic weakness to inform or challenge an evidence-based policy of non-health-related surveillance. This inconsistency is unjustified and undermines the qualities recognised to be necessary to maintain a trustworthy confidential public health service. Taking the withdrawn Memorandum of Understanding (MoU) between NHS Digital and the Home Office as a worked example, this chapter demonstrates how the capacity of the law to constrain the arbitrary or unwarranted exercise of power through judicial review is not sufficient to level the playing field. The authors recommend ‘levelling up’ in procedural oversight, and adopting independent mechanisms equivalent to those adopted for establishing the operative conceptions of public interest in the context of health research to non-health-related surveillance purposes.

Details

Ethical Issues in Covert, Security and Surveillance Research
Type: Book
ISBN: 978-1-80262-414-4

Keywords

Open Access
Book part
Publication date: 1 May 2019

Sidse Grangaard and Stefan Christoffer Gottlieb

The purpose of this paper is to open the black box of prescriptive requirements by analysing their role in shaping interests and decisions on accessibility, and discuss the…

Abstract

Purpose

The purpose of this paper is to open the black box of prescriptive requirements by analysing their role in shaping interests and decisions on accessibility, and discuss the consequences hereof for a future move to a performance-based accessibility model based on Universal Design principles.

Design/Methodology/Approach

A single case study based on 15 qualitative interviews with clients about their approach to accessibility and Universal Design is analysed by using actor-network theory (ANT) as the theoretical framework.

Findings

It is shown that the prescriptive requirements in the Danish building regulations constitute a black box, which is decisive in defining the clients’ perception of the users and their level of ambition for accessibility by inscribing specific expectations, actions and ways of knowing about accessibility.

Research Limitations/Implications

The study is based on a qualitative single case study. We argue that analytical generalisations nevertheless can be drawn.

Practical Implications

Performance-based regulations can be a source of innovation but also entail negative consequences for the quality of the built environment if treated in an isolated manner alone.

Originality/Value

The paper contributes to the discussions on Universal Design and the implementation of performance-based accessibility regulation by illustrating how current prescriptive requirements are not mere “matters of fact” but play an active role in mobilising and shaping a network of users, technologies, norms and practices, which the introduction of performance-based requirements will radically alter.

Details

10th Nordic Conference on Construction Economics and Organization
Type: Book
ISBN: 978-1-83867-051-1

Keywords

Open Access
Book part
Publication date: 29 March 2022

Thomas Gegenhuber, Elke Schuessler, Georg Reischauer and Laura Thäter

Working conditions on many digital work platforms often contribute to the grand challenge of establishing decent work. While research has examined the public regulation of

Abstract

Working conditions on many digital work platforms often contribute to the grand challenge of establishing decent work. While research has examined the public regulation of platform work and worker resistance, little is known about private regulatory models. In this paper, we document the development of the “Crowdwork Agreement” forged between platforms and a trade union in the relatively young German crowdworking field. We find that existing templates played an important role in the process of negotiating this new institutional infrastructure, despite the radically new work context. While the platforms drew on the corporate social responsibility template of voluntary self-regulation via a code of conduct focusing on procedural aspects of decent platform work (i.e., improving work conditions and processes), the union contributed a traditional social partnership template emphasizing accountability, parity and distributive matters. The trade union’s approach prevailed in terms of accountability and parity mechanisms, while the platforms were able to uphold the mostly procedural character of their template. This compromise is reflected in many formal and informal interactions, themselves characteristic of a social partnership approach. Our study contributes to research on institutional infrastructures in emerging fields and their role in addressing grand challenges.

Details

Organizing for Societal Grand Challenges
Type: Book
ISBN: 978-1-83909-829-1

Keywords

Open Access
Book part
Publication date: 4 May 2018

Budiman Ginting, Rosnidar Sembiring, Mahmul Siregar and Afrita Abduh

PurposeThe purpose of this paper is to provide legal certainty in developing a special economic zone (SEZ) in order to build the national and regional economy. Besides that, an

Abstract

PurposeThe purpose of this paper is to provide legal certainty in developing a special economic zone (SEZ) in order to build the national and regional economy. Besides that, an other purpose is to push the Central Government, the Provincial Government, the Regional Goverment, and the Management Institution to complete the infrastucture and also harmonize the policies and regulations regarding the SEZ in Indonesia, especially in Sei Mangkei.

Design/Methodology/ApproachThe research method that authors used is the sociological legal research and the normative legal research which approach the economic development in social economic zone in Sei Mangkei, the issues that happened in reality, and they analyze the related regulation in SEZ.

FindingsThe result thus obtained shows that legal certainty has not been realized completely which caused undevelopment of SEZ in Sei Mangkei. Besides the legal certainty factor, the unfinished infrastructure also caused the undevelopment, even though according to Act number 39 of 2009 regarding SEZ, an operated SEZ has fulfilled the needs and appropriateness of the infrastructure. In reality, Sei Mangkei SEZ, which has been operational, is not supported by the appropriateness of the infrastructure such as the port, train rail, hazardous waste material management facility, final disposal vessel, and also the issue of electricity and gas.

Practical ImplicationsThis result can help Central Government or Provincial Government in establishing the regulations that can provide the legal certainty in developing the SEZ in Sei Mangkei.

Originality/ValueIn addition to increasing the role of law in economic development understanding, this paper can be of legal and economic relevance.

Details

Proceedings of MICoMS 2017
Type: Book
ISBN:

Keywords

Open Access
Book part
Publication date: 4 May 2018

Herman Fithra, Sirojuzilam, Sofyan M. Saleh and Erlina

Purpose – This study aims to analyze and assess the relation of freight transportation for regional development in the north zone of Aceh. The impact of freight transportation to…

Abstract

Purpose – This study aims to analyze and assess the relation of freight transportation for regional development in the north zone of Aceh. The impact of freight transportation to accelerate the delivery of goods as observed through several indicators including regulation, retribution, freight entrepreneur, trucker, size of truck bin, punctuality, loading and unloading systems on regional planning supporting has been focus of this study.

Design/Methodology/Approach – The freight transportation in north zone of Aceh, covering Lhokseumawe, Aceh Utara, Bireuen, BenerMeriah and Aceh Tengah regencies will be examined. In several indicators including regulation, retribution, freight entrepreneur, trucker, size of truck bin, punctuality, loading and unloading systems the freight transportation will be surveyed for the analysis. The factors which contribute in the development of the area through freight transportation are the economic growth, human resources improvement, management of land use and environmental harmonization. This regional development approach aims to determine a connection between the two variables.

Findings – The results of the study show that variables of freight transportation in several indicators including regulation, retribution, freight entrepreneur, trucker, size of truck bin, punctuality, loading and unloading systems have a significant impact on regional development. It is indicated by the value of 0.214 in the regression weight result.

Research Limitations/Implications – This research has implications on the relation of freight transportation with regard to several indicators including regulation, retribution, freight entrepreneur, trucker, size of truck bin, punctuality, loading and unloading systems on the regional development based on the aspect of economic growth, human resources improvement, management of land use and environmental harmonization.

Practical Implications – The result of this study will be an important input to the Aceh government, county and city governments in the north zone in Aceh to encourage the establishment of a road network to accelerate freight transportation in that region for the development of new economic zones.

Originality/Value – This study suggests that freight transportation has the strongest links to significantly influence the activities of regional development, so it can be recommended for the Aceh government, county and city governments in the north zone of Aceh to orient road network policy towards the development of the new economic area and support the implementation of the special economic zones of Arun, Lhokseumawe.

Open Access
Book part
Publication date: 14 December 2023

Lorenz Holler

Family constitutions are relatively new to the law of family companies, although there might have been forerunners in the history of entrepreneur families. The practical…

Abstract

Family constitutions are relatively new to the law of family companies, although there might have been forerunners in the history of entrepreneur families. The practical importance and the proliferation of family constitutions in German family companies are increasing, along with the discussion of family constitutions in legal literature. This new instrument of family governance is not law driven but business driven, it has been designed by business advisors. Its analysis and classification are still at the very beginning in academic research and practice. Even though family constitutions are generally deemed to be without any legal effect and not legally binding, from a legal point of view, this assumption is at least highly questionable.

Open Access
Book part
Publication date: 4 May 2018

Jumadiah, M Rasyid Laila, Marlia Sastro and Herinawati

Purpose – The research aims to investigate the realization, the governmental role, and the existence of current corporate social responsibility (CSR) model that has been operated…

Abstract

Purpose – The research aims to investigate the realization, the governmental role, and the existence of current corporate social responsibility (CSR) model that has been operated in West Aceh District.

Design/Methodology/Approach – The data were collected through two ways: document studies (library research) on legal provisions governing CSR and through field research (field studies) conducted by interviewing persons in West Aceh District.

Findings – The implementation of CSR is based on the Regulations Number 40 year 2007, the Regulations Number 47 year 2012, which specifically are implemented based on Qanun (another term of regulation of Acehnese Government) of Aceh West Government Number 10 year 2015. The CSR program is conducted based on local wisdom of community of West Aceh.

Research Limitations/Implication – CSR is the obligation of corporate however the realization and the governmental role sometimes are unconformity, therefore the alternative model of CSR is needed to be formed particularly for corporates which are located in Aceh West District.

Orignality/Value – In addition to increasing the theoretical understanding of CSR, this paper can be of relevance to corporate liability and community rights.

Details

Proceedings of MICoMS 2017
Type: Book
ISBN:

Keywords

Open Access
Book part
Publication date: 4 October 2023

Athanasios Ntinapogias and George Nikolaidis

Involvement of children in research on different aspects of children's rights, including research on violence against children, is continuously increasing, as is the interest in…

Abstract

Involvement of children in research on different aspects of children's rights, including research on violence against children, is continuously increasing, as is the interest in participatory approaches (European Agency for Fundamental Rights [FRA], 2014; Larsson et al., 2018; UN Committee on the Rights of the Child, 2011). Svevo-Cianci et al. (2011) noted that ‘as researchers commit to learning from community members, including children and adolescents themselves, it has become more clear that an understanding of the lived reality and definition of violence for children in their individual communities, is essential to envision and implement effective child protection’ (p. 985).

In this chapter, the legislative context regarding children's rights to be heard and participate is initially discussed; currently applied age requirements for children to acquire rights across the countries of the European Union (EU) are briefly presented; and children's potential roles and relevant provisions for their participation in social research are explored. The last part is dedicated to the presentation and discussion of the General Data Protection Regulation (GDPR; Regulation [EU] 2016/679, 2016) – specifically, children's personal data–related recitals and articles; the importance of the definition of a legal basis for personal data processing according to the GDPR, including consent; and the necessary information to be provided to children before their data are processed.

Details

Participatory Research on Child Maltreatment with Children and Adult Survivors
Type: Book
ISBN: 978-1-80455-529-3

Keywords

Open Access
Book part
Publication date: 4 June 2021

Michael Salter and Elly Hanson

This chapter examines the phenomenon of internet users attempting to report and prevent online child sexual exploitation (CSE) and child sexual abuse material (CSAM) in the…

Abstract

This chapter examines the phenomenon of internet users attempting to report and prevent online child sexual exploitation (CSE) and child sexual abuse material (CSAM) in the absence of adequate intervention by internet service providers, social media platforms, and government. The chapter discusses the history of online CSE, focusing on regulatory stances over time in which online risks to children have been cast as natural and inevitable by the hegemony of a “cyberlibertarian” ideology. We illustrate the success of this ideology, as well as its profound contradictions and ethical failures, by presenting key examples in which internet users have taken decisive action to prevent online CSE and promote the removal of CSAM. Rejecting simplistic characterizations of “vigilante justice,” we argue instead that the fact that often young internet users report feeling forced to act against online CSE and CSAM undercuts libertarian claims that internet regulation is impossible, unworkable, and unwanted. Recent shifts toward a more progressive ethos of online harm minimization are promising; however, this ethos risks offering a new legitimizing ideology for online business models that will continue to put children at risk of abuse and exploitation. In conclusion, we suggest ways forward toward an internet built in the interests of children, rather than profit.

Details

The Emerald International Handbook of Technology-Facilitated Violence and Abuse
Type: Book
ISBN: 978-1-83982-849-2

Keywords

Abstract

Details

Obsessive Measurement Disorder or Pragmatic Bureaucracy?
Type: Book
ISBN: 978-1-80117-377-3

Access

Only Open Access

Year

Content type

Book part (310)
1 – 10 of 310