Comparing the protection and use of online personal information in South Africa and the United Kingdom in line with data protection requirements

Purpose: This research investigates the difference between South Africa (SA) and the United Kingdom (UK) in terms of data protection compliance with the aim to establish if a country that has had data protection in place for a longer period of time has a higher level of compliance with data protection requirements in comparison with a country that is preparing for compliance. Design/methodology/approach: An insurance industry multi-case study within the online insurance services environment was conducted. Personal Information (PI) of four newly created consumer profiles was deposited to 10 random insurance organisation websites in each country to evaluate a number of data privacy requirements of the Data Protection Act (DPA) and Protection of Personal Information Act (POPIA). Findings: The results demonstrate that not all the websites honored the selected opt-out preferences as direct marketing material from the insurance organisations in the sample was sent to both the SA and UK consumer profiles. Forty-two unsolicited third party contacts were received by the SA consumer profiles whereas the UK consumer profiles did not re-ceive any third party direct marketing. It was also found that the minimality principle is not always met by both SA and UK organisations. Research implications: As a jurisdiction with a heavy stance towards privacy implementation and regulation, it was found that the UK is more compliant than SA in terms of implementation of the evaluated data protection requirements included in the scope of this study, however not fully compliant. Originality/value: Based upon the results obtained from this research, it suggests that the SA insurance organisations should ensure that the non-compliance aspects relating to direct marketing and sharing data with third parties are addressed. SA insurance companies should learn from the manner in which the UK insurance organisations implement these privacy requirements. Furthermore, the UK insurance organisations should focus on improved compliance for direct marking and the minimality principle. The study indicate the positive role that data protection legislation plays in a county like the UK with a more mature stance toward compliance with data protection legislation.This research is supported by the Women in Research (WiR) Grant from the University of South Africa.School of Computin

Designing Governance Structures for Performance and Accountability

Designing Governance Structures for Performance and Accountability discusses how formal and informal governance structures in Australia, the People’s Republic of China (PRC) and Taiwan may be designed to promote performance and to ensure accountability. The book presents a selection of papers developed from the Greater China Australia Dialogue on Public Administration’s seventh workshop held in June 2017 hosted by City University of Hong Kong. Insights are provided on both current developments in the different contexts of the three jurisdictions examined, and on broader institutional and organisational theories. Chapters cover theories of organisational forms and functions in public administration, the ‘core’ agency structures used in the different jurisdictions, the structures used to deliver public services (including non-government organisational arrangements) and other ‘non-core’ agency structures such as government business enterprises, regulatory organisations and ‘integrity’ organisations. A particular emphasis is placed on the institutional arrangements the executive arm of government uses for advising on and implementing government policies and programs. Although the book explores arrangements and developments within very different political governance systems, the purposes of the structures are similar: to promote performance and accountability. This book is a companion volume to Value for Money: Budget and Financial Management Reform in the People’s Republic of China, Taiwan and Australia (ANU Press, 2018)

Special study: Legal transition programme review

This study is an evaluation of the European Bank for Reconstruction and Development's Legal Transition Programme’s activities from 2001-2011, through a review of a sample of 30 legal reform projects and advisory projects in Armenia, Hungary, Mongolia, Russia and Serbia. It was conducted by the Evaluation department in conjunction with three external experts: Professor Douglas Arner (University of Hong Kong), Professor Charles Booth (University of Hawaii) and Professor Gordon Walker (LaTrobe University). Overall the programme was found to be successful due to its compatibility with the Bank’s activities and highly relevant due to its support of the Bank’s investments through contributions to legal improvements. The programme’s projects have made a core contribution to the transition process, influencing domestic policy formulation and contributing to stronger free market economies. The transition impact and sustainability of the programme was found to be excellent.published_or_final_versio

New Accountabilities, New Challenges

This important and challenging volume of essays draws on insights from leading academics and public servants from Australia, New Zealand, the United Kingdom, Canada and elsewhere. It provides an excellent series of critiques of both the systemic accountabilities and the policy processes of government by drawing on meticulously researched, topical and real-world case studies of governance. Its contribution to the understanding of the applied processes of government in this way is exemplary. Topics covered include: restoring trust in government, parliamentary scrutiny of the APS, administrative law and FOI, budgetary reforms, implementation issues, competition policy, indigenous administration, collaboration with the NGO sector, educational reforms and the changes to the Auditor- General’s mandate

Plural Policing: The Multifaceted World of Irish State “Policing” Authorities

aim of this research was to explore the rather undocumented world of the wider policing community acting in an official capacity on behalf of the Irish state in 2013 and to produce a comprehensive empirical mapping of these governance entities. This group was defined as those operating in a coercive manner at the most extreme end of the social control spectrum and the research therefore focused on those organisations actively prosecuting cases in the Irish courts. A mixed method design was used to maximise both quantitative and qualitative information. As this mapping exercise was the first of its kind, a complete collection sample was conducted and a comprehensive questionnaire was issued to all identified organisations. Simultaneously, the author completed a documentary analysis of relevant reports produced by Dáil and Seanad Éireann during the first seven months of 2013. The research succeeded in empirically mapping a total of fifty-one policing organisations, which were active in the Irish criminal justice system. The study also discovered a substantial increase in the proliferation of these policing agencies over the last two decades. In addition, there appeared to be a greater preponderance to select the prosecution option as an enforcement method, with long established organisations now prosecuting for the first time. The research has relevance to the Irish state, as it has for the first time documented all prosecuting (policing) organisations operating within the Irish criminal justice system, alongside An Garda Síochána and the Director of Public Prosecutions (DPP). The study allows policy makers to compare and contrast organisations performing a similar policing role with a view to maximising efficiency of resources and also to ensure that those charged with policing Irish society do so in a fair and transparent manner

International Research Project on Job Retention and Return to Work Strategies for Disabled Workers: Key Issues

[From Preface] The International Research Project on Job Retention and Return to Work Strategies for Disabled Workers breaks new ground by examining the inter-relationships of public and enterprise policies and practices as they affect the retention and return to work of disabled workers. The enquiry encompasses public policies to promote employment of disabled people; benefit and compensation programmes; employment support and rehabilitation services; provision to adapt work and workplace; and measures developed and implemented by the enterprise. The Project aims not only to identify successful policies and practices which are transferable from one country to another but also to inform the development of effective, efficient and equitable job retention and return to work strategies for disabled workers. The ultimate objective is to develop strategies which can be put into effect in the workplace

Amalgamating tribunals: a recipe for optimal reform

The last decade has seen numerous proposals to reform existing tribunal systems in jurisdictions throughout the common law world. Across the board, there have been proposals to adopt generalist tribunal models in preference to smaller, specialist tribunal systems, and to achieve these changes through the process of amalgamation. The most significant recent developments to occur in Australia have taken place in Victoria and NSW during the past five years. Legislators in these States have chosen to amalgamate a number of smaller, specialist tribunals into larger, generalist bodies. In 1997 the NSW Parliament passed legislation amalgamating a number of specialist tribunals to create the Administrative Decisions Tribunal (ADT); comparable legislation was passed in Victoria in 1998 to create the Victorian Civil and Administrative Tribunal (VCAT). There were concurrent attempts to implement similar reforms at federal level. In 1998 the Commonwealth government announced its intention to amalgamate four Commonwealth merits review tribunals to form one �super Tribunal� � the Administrative Review Tribunal (ART). The Bills containing these proposals were ultimately defeated in the Senate, however the Australian Government remains convinced of the benefits of amalgamation at federal level. Similar reforms have been proposed in Western Australia, Tasmania and the United Kingdom. This thesis argues that these reforms are taking place in the absence of data about their likely implications, and without a thorough understanding of the objectives that generalist versus specialist tribunal systems can realistically achieve. This ill-considered or �over-hasty� trend towards amalgamation raises a number of questions which have not previously been addressed in academic or policy-making circles. An obvious question is whether or not an amalgamated tribunal model is more effective than a series of smaller, specialised tribunals in delivering administrative justice, in other words, whether there is any net gain to be had from a government�s decision to amalgamate. The less explored, but equally important, question addressed in this thesis is how the process of amalgamation should be approached in order to realise the maximum potential benefits that an amalgamated tribunal can bring. That is, to ask what are the ingredients of an optimal amalgamation. This is not a question about whether government decisions to pursue amalgamation are intrinsically worthwhile or beneficial for stakeholders. Rather, it is about how government decisions to amalgamate should best be implemented. This thesis proposes a way of differentiating between good and bad amalgamations, that is grounded in theory and informed by experience to date. The proposed approach is to assess the effectiveness of amalgamation processes using relevant measures drawn from an analysis of organisational theory literature: � Legislation � the legislation establishing an amalgamated tribunal needs to ensure the tribunal will have appropriate independence, powers, processes, membership and structure. � Political commitment � those responsible for proposing and planning an amalgamation need to provide appropriate funding and support for the process and for the establishment of an autonomous, self-directed tribunal. � Organisational structure � the structures put in place need to be appropriate, integrated and flexible, and should promote cohesion and interaction. � Process and procedure � the processes and procedures adopted in an amalgamated tribunal need to capitalise upon the opportunities provided by amalgamation, as well as being appropriate, efficient and able to balance the needs of a range of stakeholders. � Organisational culture � an organisational culture which counters natural tendencies towards disjunction will assist members and staff to identify with a newly amalgamated tribunal and to implement initiatives that will improve its performance. � Leadership � effective leadership plays an important role in ensuring a smooth transition from specialist to amalgamated tribunal, and engendering commitment from members and staff. Broadly speaking, these factors fall into the four categories of law, context, organisation and people. It is argued that attention must be paid to all four of these ingredients in order to achieve optimal tribunal reform. The thesis tests this proposition by examining the three most advanced tribunal amalgamations so far, namely, the Commonwealth ART, the NSW ADT and VCAT in Victoria. It is argued that the fate of the Commonwealth ART proposal proves the importance of a solid, generally endorsed legislative foundation in creating a viable amalgamated tribunal. The importance of context, organisation and people is borne out by qualitative research into the amalgamation experiences in NSW and Victoria. The fact that the NSW and Victorian governments decided to pursue policies of amalgamation at the same time provided a unique opportunity to compare the success or otherwise of two concurrent attempts at amalgamation in different jurisdictions. This thesis finds that the unfavourable political context in NSW prevented the ADT from realising its potential. In contrast, the VCAT experience highlights the benefits of paying careful attention to the wide range of factors that can contribute to a successful amalgamation. Of most relevance are the initial scale of an amalgamation, the political �will� behind its implementation, the appointment of a core of full-time members, and the creation of an open institutional culture which facilitates the sharing of information. In short, the thesis concludes that the successful construction and consolidation of a tribunal post-amalgamation requires that the necessary ingredients of optimal tribunal reform � legislation, context, organisation and people � are thoughtfully addressed

Public Administration in Germany

This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership