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Book part
Publication date: 22 March 2022

Carlo Capuano, Iacopo Grassi and Giacomo Valletta

We propose a simple model consisting of two separated markets: the market for good y and the market for good x. Purchasing information about consumer behavior in the former market…

Abstract

We propose a simple model consisting of two separated markets: the market for good y and the market for good x. Purchasing information about consumer behavior in the former market helps the monopolist firm, in the latter market, to price-discriminate. Consumers differ in their income and in their level of myopia. Personal data market regulation could both increase consumers' awareness about the treatment of their data and allow them to have their data erased from the data holder. We find that the former aspect of the policy reduces the number of transactions, and hence tends to reduce total surplus, while the second typically boosts willingness to pay of consumers and has positive effects on surplus, provided that the share of high-income consumers is not too high. The overall effect of regulation on total welfare depends on the share of high-income and myopic consumers.

Details

The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring
Type: Book
ISBN: 978-1-80262-002-3

Keywords

Article
Publication date: 29 August 2018

Linnéa Lindsköld

The purpose of this paper is to create knowledge on how Google and Google search are discursively constructed as a political subject suitable or not suitable for governing in the…

Abstract

Purpose

The purpose of this paper is to create knowledge on how Google and Google search are discursively constructed as a political subject suitable or not suitable for governing in the debate regarding the Right to be Forgotten ruling (RTBF).

Design/methodology/approach

A total of 28 texts are analysed using a Foucauldian discourse analysis focussing on political problematisations in the media and in blogs.

Findings

Google is conceptualised as a commercial company, a neutral facilitator of the world and as a judge of character. The discourse makes visible Google’s power over knowledge production. The individual being searched is constructed as a political object that is either guilty or innocent, invoking morality as a part of the policy. The ruling is framed as giving individuals power over companies, but the power still lies within Google’s technical framework.

Originality/value

The ruling opens up an empirical possibility to critically examine Google. The value of the study is the combination of focus on Google as a political subject and the individual being searched to understand how Google is constructed in the discourse.

Details

Online Information Review, vol. 42 no. 6
Type: Research Article
ISSN: 1468-4527

Keywords

Article
Publication date: 21 November 2016

Sherry Li Xie

This paper, through examining the judgment on Case C-131/12 and the European Union (EU)’s Proposal for a General Data Protection Regulation, aims to demonstrate to the records…

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Abstract

Purpose

This paper, through examining the judgment on Case C-131/12 and the European Union (EU)’s Proposal for a General Data Protection Regulation, aims to demonstrate to the records management (RM) profession, the importance of being proactively involved in records creation identification and the challenges of performing sound retention analyses for newly emerging activities. It also serves as a call to the RM profession that more active participation in law-making processes is needed.

Design/methodology/approach

The research selects the current right to be forgotten phenomenon as an illuminating case and examines it with fundamental RM concepts and principles, in particular those relating to records creation and retention. The research process consists of three major parts: one, the establishment of an analytical framework based on RM theories; two, description of the selected case that is relevant to the analysis; and three, the application of the analytical framework to the described case.

Findings

Records retentions are much needed for the activities of data controllers that are now established by the most recent Judgment of the European Court of Justice pertinent to the right to be forgotten and the proposed General Data Protection Regulation. The determination of retention periods for such activities requires an RM framework that synthesizes the identification of digital records and the various types of value associated with the different usages of records. It is also observed that the data protection legal framework does not address RM considerations, or at least, not in any explicit, easily recognizable manners.

Research limitations/implications

Records retentions are much needed for the activities of data controllers and/or processors that are now required by the Judgment of the European Court of Justice and the proposed EU General Data Protection Regulation, yet the legal framework does not offer any assistance in establishing retentions. It is also observed that the data protection legal framework fully acknowledges the importance of records but fails to address RM considerations – at least, not in any explicit, easily recognizable manners.

Practical implications

The findings are expected to be instructive to data controllers and/or processors, in particular with respect to records creation identification and records retention establishment in their organizations. It is also expected that the observations generated during the analysis process could shed light on the development of the RM profession.

Social implications

The right to be forgotten in the digital world has newly acquired complications, and it has the potential to affect not just the privacy right but also the rights considered conflicting to it, such as the rights of freedom of press and freedom of expression/speech. Efficient and effective RM programs should be able to assist their parent organizations in dealing with this complicated situation through creating and managing records that support the compliance of regulatory requirements on the one hand and the balancing of competing rights on the other hand.

Originality/value

The research appears to be the first of its kind according to the literature search conducted within the accessibility scope of the researcher.

Details

Records Management Journal, vol. 26 no. 3
Type: Research Article
ISSN: 0956-5698

Keywords

Expert briefing
Publication date: 22 January 2019

The EU’s right to be forgotten principle.

Details

DOI: 10.1108/OXAN-DB241325

ISSN: 2633-304X

Keywords

Geographic
Topical
Executive summary
Publication date: 6 July 2015

RUSSIA: 'Right to be Forgotten' law may be abused

Details

DOI: 10.1108/OXAN-ES200768

ISSN: 2633-304X

Keywords

Geographic
Topical
Content available

Abstract

Details

Records Management Journal, vol. 26 no. 1
Type: Research Article
ISSN: 0956-5698

Keywords

Book part
Publication date: 23 April 2021

Sarah Lageson and Kateryna Kaplun

Purpose – In a digital environment, a simple accusation has the potential to permanently attach to a person’s identity. Our purpose here is to identify several types of…

Abstract

Purpose – In a digital environment, a simple accusation has the potential to permanently attach to a person’s identity. Our purpose here is to identify several types of accusations that persist in the internet environment: person to person accusations, media documented accusations, and accusations by the state. Approach – Using a typology of cases and legal analyses, the authors trace how accusations proliferate and persist across the internet and offer a set of social and legal explanations for the salience of public accusation online. Findings – The authors ultimately find that in contemporary society, the act of accusing increasingly replaces the desire or need for a fair and just outcome. The authors close by discussing implications for the accused and potential avenues for remedy. Originality – Our contribution bridges sociological and legal perspectives on the intersection of free speech, defamation, and digital media.

Details

Media and Law: Between Free Speech and Censorship
Type: Book
ISBN: 978-1-80071-729-9

Keywords

Article
Publication date: 21 April 2022

Katie Mackinnon

This paper aims to provide a brief overview of the ethical challenges facing researchers engaging with web archival materials and demonstrates a framework and method for…

Abstract

Purpose

This paper aims to provide a brief overview of the ethical challenges facing researchers engaging with web archival materials and demonstrates a framework and method for conducting research with historical web data created by young people.

Design/methodology/approach

This paper’s methodology is informed by the conceptual framing of data materials in research on the “right to be forgotten” (Crossen-White, 2015; GDPR, 2018; Tsesis, 2014), data afterlives (Agostinho, 2019; Stevenson and Gehl, 2019; Sutherland, 2017), indigenous data sovereignty and governance (Wemigwans, 2018) and feminist ethics of care (Cifor et al., 2019; Cowan, 2020; Franzke et al., 2020; Luka and Millette, 2018). It demonstrates a new method called an archive promenade, which builds on the walkthrough and scroll-back methods (Light et al., 2018; Robards and Lincoln, 2017).

Findings

The archive promenades demonstrate how individual attachments to digital traces vary and are often unpredictable, which necessitates further steps to ensure that privacy and data sovereignty are maintained through research with web archives.

Originality/value

This paper demonstrates how the archive promenade methodological intervention can lead to better practices of care with sensitive web materials and brings together previous work on ethical fabrications (Markham, 2012), speculation (Luka and Millette, 2018) and thick context (Marzullo et al., 2018), to yield new insights for research on the experiences of growing up online.

Details

Journal of Information, Communication and Ethics in Society, vol. 20 no. 3
Type: Research Article
ISSN: 1477-996X

Keywords

Article
Publication date: 20 September 2019

Nazar Poritskiy, Flávio Oliveira and Fernando Almeida

The implementation of European data protection is a challenge for businesses and has imposed legal, technical and organizational changes for companies. This study aims to explore…

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Abstract

Purpose

The implementation of European data protection is a challenge for businesses and has imposed legal, technical and organizational changes for companies. This study aims to explore the benefits and challenges that companies operating in the information technology (IT) sector have experienced in applying the European data protection. Additionally, this study aims to explore whether the benefits and challenges faced by these companies were different considering their dimension and the state of implementation of the regulation.

Design/methodology/approach

This study adopts a quantitative methodology, based on a survey conducted with Portuguese IT companies. The survey is composed of 30 questions divided into three sections, namely, control data; assessment; and benefits and challenges. The survey was created on Google Drive and distributed among Portuguese IT companies between March and April of 2019. The data were analyzed using the Stata software using descriptive and inferential analysis techniques using the ANOVA one-way test.

Findings

A total of 286 responses were received. The main benefits identified by the application of European data protection include increased confidence and legal clarification. On the other hand, the main challenges include the execution of audits to systems and processes and the application of the right to erasure. The findings allow us to conclude that the state of implementation of the general data protection regulation (GDPR), and the type of company are discriminating factors in the perception of benefits and challenges.

Research limitations/implications

This study has essentially practical implications. Based on the synthesis of the benefits and challenges posed by the adoption of European data protection, it is possible to assess the relative importance and impact of the benefits and challenges faced by companies in the IT sector. However, this study does not explore the type of challenges that are placed at each stage of the adoption of European data protection and does not take into account the specificities of the activities carried out by each of these companies.

Originality/value

The implementation of the GDPR is still in an initial phase. This study is pioneering in synthesizing the main benefits and challenges of its adoption considering the companies operating in the IT sector. Furthermore, this study explores the impact of the size of the company and the status of implementation of the GDPR on the perception of the established benefits and challenges.

Details

Digital Policy, Regulation and Governance, vol. 21 no. 5
Type: Research Article
ISSN: 2398-5038

Keywords

Expert briefing
Publication date: 16 May 2019

GDPR appraisal and outlook.

Details

DOI: 10.1108/OXAN-DB243916

ISSN: 2633-304X

Keywords

Geographic
Topical
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