Personal data breach notification system in the European Union: Interpretation of “without undue delay”

This is the post-print version of the Article - Copyright @ 2011 Kluwer Law InternationalThe fast-moving technologies continually challenge present rules on data-privacy protection. The expansion of computing functions, speed of processing and storage capabilities makes personal information difficult to be controlled. In the EU, the revised EC e-Privacy Directive amended by the Directive 2009/136/EC modifies existing provisions and makes new provisions to enhance privacy protection in the electronic communications sector, which includes the further development of the system of notification of the personal data breach to minimise adverse effects. This paper aims to examine and evaluate the personal data breach notification system, interpret the requirement of "without undue delay" duty and discuss the impact of the revised Directive to business organisations. It finally proposes solutions to improve the notification system to increase the efficiency of privacy protection

Electronic Payment Systems Development in a Developing Country: The Role of Institutional Arrangements

This paper examines the institutional arrangements in the development of Nigeria’s electronic payment system (EPS) using a new institutional economics (NIE) perspective. A case study of Nigeria’s EPS was carried out using semi structured interviews to collect data from 18 participating stakeholders; a thematic method was used for the data analysis. The study suggests that a well-functioning set of arrangements, which is lacking in the institutional setup in Nigeria may be required to build necessary institutional capacity suitable for development of safe and efficient electronic payment systems. Although the technological payment infrastructure in Nigeria is modern and of comparable standard, the failure to put in place reliable and relevant market and collaborative agreements has not enabled full exploitation of the available infrastructure. Current governance structures show elements of power struggle and distrust between stakeholders (players and regulators), hampering the creation of an environment that would sustain free market economic activities and effective development of payment systems

Data protection and the legitimate interest of data controllers: much ado about nothing or the winter of rights?

EU data protection law is in a process of reform to meet the challenges of the modern economy and rapid technological developments. This study analyses the legitimate interest of data controllers as a legal basis for processing personal data under both the current data protection legislation and its proposed reform. The relevant provision expands the scope of lawful processing, but is formulated ambiguously, creating legal uncertainty and loopholes in the law. The new proposed regime does not resolve the problem.Taking a“rights” perspective, the paper aims to show that the provision should be narrowly interpreted in light of the ECJ case law, and to give effect to the Charter of Fundamental Rights; a rephrasing of the norm is desirable. The provision on the legitimate interest of data controllers weakens the legal protection of data subjects

A modularized electronic payment system for agent-based e-commerce

With the explosive growth of the Internet, electronic-commerce (e-commerce) is an increasingly important segment of commercial activities on the web. The Secure Agent Fabrication, Evolution & Roaming (SAFER) architecture was proposed to further facilitate e-commerce using agent technology. In this paper, the electronic payment aspect of SAFER will be explored. The Secure Electronic Transaction (SET) protocol and E-Cash were selected as the bases for the electronic payment system implementation. The various modules of the payment system and how they interface with each other are shown. An extensible implementation done using JavaTM will also be elaborated. This application incorporates agent roaming functionality and the ability to conduct e-commerce transactions and carry out intelligent e-payment procedures