All or nothing: this is the question? The application of article 3(2) Data Protection Directive 95/46/EC to the Internet

The Data Protection Directive 95/46/EC (hereinafter the “Directive”) was passed in 1995 to harmonise the national data protection laws within the European Community with the aim of protecting the fundamental rights and freedoms of individuals including their privacy as set out under Art. 1 of the Data Protection Directive. The rules governing the processing of personal data are deemed to be inapplicable in the two instances outlined by Art.3(2). Processing of personal data taking place as part of activities falling outside of Community law are excluded from the DPD. The Directive is also deemed to be inapplicable if the processing of personal data is undertaken by a natural person in the course of a purely personal or household activity. It is the second part of Art. 3(2), which is examined in more detail. The ruling by the European Court of Justice in Lindqvist provides us with a fresh opportunity to re-examine whether the policy justifications for the exclusion under Art 3(2) continue to remain relevant in the light of widespread use of new technologies such as blogs, podcasts and web pages for processing and distributing information. Greater clarity regarding the implication of new communication technologies for DPD policy is necessary if the laws on data protection are to evolve in a coherent and principled manner

Smart Grid Communications: Overview of Research Challenges, Solutions, and Standardization Activities

Optimization of energy consumption in future intelligent energy networks (or Smart Grids) will be based on grid-integrated near-real-time communications between various grid elements in generation, transmission, distribution and loads. This paper discusses some of the challenges and opportunities of communications research in the areas of smart grid and smart metering. In particular, we focus on some of the key communications challenges for realizing interoperable and future-proof smart grid/metering networks, smart grid security and privacy, and how some of the existing networking technologies can be applied to energy management. Finally, we also discuss the coordinated standardization efforts in Europe to harmonize communications standards and protocols.Comment: To be published in IEEE Communications Surveys and Tutorial

Biodigital publics: personal genomes as digital media artifacts

The recent proliferation of personal genomics and direct-to-consumer (DTC) genomics has attracted much attention and publicity. Concern around these developments has mainly focused on issues of biomedical regulation and hinged on questions of how people understand genomic information as biomedical and what meaning they make of it. However, this publicity amplifies genome sequences which are also made as internet texts and, as such, they generate new reading publics. The practices around the generation, circulation and reading of genome scans do not just raise questions about biomedical regulation, they also provide the focus for an exploration of how contemporary public participation in genomics works. These issues around the public features of DTC genomic testing can be pursued through a close examination of the modes of one of the best known providers—23andMe. In fact, genome sequences circulate as digital artefacts and, hence, people are addressed by them. They are read as texts, annotated and written about in browsers, blogs and wikis. This activity also yields content for media coverage which addresses an indefinite public in line with Michael Warner’s conceptualisation of publics. Digital genomic texts promise empowerment, personalisation and community, but this promise may obscure the compliance and proscription associated with these forms. The kinds of interaction here can be compared to those analysed by Andrew Barry. Direct-to-consumer genetics companies are part of a network providing an infrastructure for genomic reading publics and this network can be mapped and examined to demonstrate the ways in which this formation both exacerbates inequalities and offers possibilities for participation in biodigital culture

Six emerging trends in media and communications - occasional paper

This paper examines six emerging trends in media and communications, which highlight that consumers are increasingly using personalised access pathways to communications and content services that cut across different networks, devices and services. Introduction The ACMA monitors industry and consumer data to identify changes in the media and communications environment and their impact on regulatory settings. Previous ACMA research, such as Broken concepts1 and the Emerging issues2 series of papers, has identified areas of regulatory strain resulting from changes in this environment. The ACMA’s 2014 data collection program highlighted six further trends that are of particular interest as they indicate challenges to the regulatory frameworks within which the ACMA works. These trends illustrate how developments in communications device technologies and over-the-top (OTT) services and content offer both: new opportunities for businesses and individuals as consumers and citizens potential challenges to confident and optimal use of these new services. The evolving media and communications environment offers new ways to understand and achieve policy objectives, and may expose alternatives to ’black-letter’ regulation. However, changes in media and communications can also strain the effectiveness and efficiency of existing regulatory settings designed in an environment where content and communication services have been delivered by network owners over dedicated networks and devices. The selected trends highlight that consumers are increasingly using personalised access pathways to communications and content services that cut across different networks, devices and services. This paper looks at the implications of these six trends for existing regulatory settings

Developing strong social enterprises : a documentary approach

Social enterprises are diverse in their mission, business structures and industry orientations. Like all businesses, social enterprises face a range of strategic and operational challenges and utilize a range of strategies to access resources in support of their venture. This exploratory study examined the strategic management issues faced by Australian social enterprises and the ways in which they respond to these. The research was based on a comprehensive literature review and semi-structured interviews with 11 representatives of eight social enterprises based in Victoria and Queensland. The sample included mature social enterprises and those within two years of start-up. In addition to the research report, the outputs of the project include a series of six short documentaries, which are available on YouTube at http://www.youtube.com/user/SocialEnterpriseQUT#p/u. The research reported on here suggests that social enterprises are sophisticated in utilizing processes of network bricolage (Baker et al. 2003) to mobilize resources in support of their goals. Access to network resources can be both enabling and constraining as social enterprises mature. In terms of the use of formal business planning strategies, all participating social enterprises had utilized these either at the outset or the point of maturation of their business operations. These planning activities were used to support internal operations, to provide a mechanism for managing collective entrepreneurship, and to communicate to external stakeholders about the legitimacy and performance of the social enterprises. Further research is required to assess the impacts of such planning activities, and the ways in which they are used over time. Business structures and governance arrangements varied amongst participating enterprises according to: mission and values; capital needs; and the experiences and culture of founding organizations and individuals. In different ways, participants indicated that business structures and governance arrangements are important ways of conferring legitimacy on social enterprise, by signifying responsible business practice and strong social purpose to both external and internal stakeholders. Almost all participants in the study described ongoing tensions in balancing social purpose and business objectives. It is not clear, however, whether these tensions were problematic (in the sense of eroding mission or business opportunities) or productive (in the sense of strengthening mission and business practices through iterative processes of reflection and action). Longitudinal research on the ways in which social enterprises negotiate mission fulfillment and business sustainability would enhance our knowledge in this area. Finally, despite growing emphasis on measuring social impact amongst institutions, including governments and philanthropy, that influence the operating environment of social enterprise, relatively little priority was placed on this activity. The participants in our study noted the complexities of effectively measuring social impact, as well as the operational difficulties of undertaking such measurement within the day to day realities of running small to medium businesses. It is clear that impact measurement remains a vexed issue for a number of our respondents. This study suggests that both the value and practicality of social impact measurement require further debate and critically informed evidence, if impact measurement is to benefit social enterprises and the communities they serve

Tackling food marketing to children in a digital world: trans-disciplinary perspectives. Children’s rights, evidence of impact, methodological challenges, regulatory options and policy implications for the WHO European Region

There is unequivocal evidence that childhood obesity is influenced by marketing of foods and non-alcoholic beverages high in saturated fat, salt and/or free sugars (HFSS), and a core recommendation of the WHO Commission on Ending Childhood Obesity is to reduce children’s exposure to all such marketing. As a result, WHO has called on Member States to introduce restrictions on marketing of HFSS foods to children, covering all media, including digital, and to close any regulatory loopholes. This publication provides up-to-date information on the marketing of foods and non-alcoholic beverages to children and the changes that have occurred in recent years, focusing in particular on the major shift to digital marketing. It examines trends in media use among children, marketing methods in the new digital media landscape and children’s engagement with such marketing. It also considers the impact on children and their ability to counter marketing as well as the implications for children’s rights and digital privacy. Finally the report discusses the policy implications and some of the recent policy action by WHO European Member States