The European Approach to Privacy

This paper critically assesses the character of European (Union’s) privacy law and policy in the field of online media and electronic communications. Contrary to current understanding, this field of law is more fragmented and ill-developed than is often assumed, in particular by those discussing privacy law and policy in an international and transatlantic context. In fact, some of the most challenging regulatory issues in the field of online media and electronic communications still lack a well-developed common European approach and remain the subject of regulation at the level of the different member states of the European Union. Drawing on historic insights, the paper shows how EU policy making in the field of privacy and data protection is and remains strongly influenced by the EU institutional setting. In particular, the paper shows that the specific substantive outcome of European privacy law and policy is strongly influenced by and can only be understood properly through the lens of the ongoing project of European integration more generally. The paper will develop its main thesis by focusing on three important and current privacy issues and their treatment by EU lawmakers and the EU legal system. These are: (I.) the question of retention of communications meta-data (e.g. traffic and location data) in the field of electronic communications; (II.) the legal framework for liability of search engines for privacy and reputational harms in the online environment, including a 'right to be forgotten', and (III.) the question of the security of and the potential lawful access by foreign governments to data in the cloud. After discussing these substantive privacy policy issues and the legal frameworks that have developed (and are developing) to address them at the EU level, the paper will analyze these frameworks in view of the apparent interplay of the substance of privacy law and policy at the EU level on the one hand and the broader constitutional and institutional dynamics related to EU competency and integration. The paper starts with a discussion of the basic underlying motivations, rationales and competences for addressing privacy issues at the European level, which until recently were predominantly economic in nature. The implication of this is that some of the most pressing data privacy issues which are primarily non-economic in character, have been addressed at the fringes of what could be called the European approach to data privacy, in which the establishment of a functioning European internal market and the free flow of personal data under sufficient safeguards relating to data privacy are the dominant concerns. More recently, the adoption of the Lisbon treaty, the establishment of a binding right to data protection and privacy in the EU Charter and a new legal basis for the establishment of data protection rules at the EU level, EU privacy law and policy has become increasingly connected to the furtherance of the protection of privacy and data protection as fundamental rights more generally. Through the case studies in the paper, this dynamic of how policy rationales end up playing out at the EU level and inform the substance of privacy policies adopted, is illustrated in detail. In particular, the analysis shows how EU policy making tends to strive towards a common and comprehensive European approach, but typically fails to take account of some of the leading concerns, and is often simply not equipped or even allowed to include them in the process. For instance, there is significant disagreement about the weight that should be attributed to freedom of expression concerns in the online environment and the role of the EU with respect to media and the proper balancing of freedom and privacy in the media remains limited. With respect to national security concerns there are no European harmonization of national approaches at all. The result is that important policy concerns from the perspective of privacy in electronic communications end up being addressed indirectly, inefficiently and incompletely, through the European data privacy frameworks that may aspire to be comprehensive but would need significant reforms to achieve this aim. The article will discuss possible reforms but will warn against aspirations of further harmonization and unification of European Privacy Law. In the absence of fundamental institutional reform of the EU, further harmonization could end up being detrimental to other important policy goals currently addressed largely outside of the EU legal framework, including the issues of media freedom, criminal procedural justice and the protection of privacy and information security in relation to foreign intelligence agencies specifically discussed in this paper

TMEM106B is a genetic modifier of frontotemporal lobar degeneration with C9orf72 hexanucleotide repeat expansions

Hexanucleotide repeat expansions in chromosome 9 open reading frame 72 (C9orf72) have recently been linked to frontotemporal lobar degeneration (FTLD) and amyotrophic lateral sclerosis, and may be the most common genetic cause of both neurodegenerative diseases. Genetic variants at TMEM106B influence risk for the most common neuropathological subtype of FTLD, characterized by inclusions of TAR DNA-binding protein of 43 kDa (FTLD-TDP). Previous reports have shown that TMEM106B is a genetic modifier of FTLD-TDP caused by progranulin (GRN) mutations, with the major (risk) allele of rs1990622 associating with earlier age at onset of disease. Here, we report that rs1990622 genotype affects age at death in a single-site discovery cohort of FTLD patients with C9orf72 expansions (n = 14), with the major allele correlated with later age at death (p = 0.024). We replicate this modifier effect in a 30-site international neuropathological cohort of FTLD-TDP patients with C9orf72 expansions (n = 75), again finding that the major allele associates with later age at death (p = 0.016), as well as later age at onset (p = 0.019). In contrast, TMEM106B genotype does not affect age at onset or death in 241 FTLD-TDP cases negative for GRN mutations or C9orf72 expansions. Thus, TMEM106B is a genetic modifier of FTLD with C9orf72 expansions. Intriguingly, the genotype that confers increased risk for developing FTLD-TDP (major, or T, allele of rs1990622) is associated with later age at onset and death in C9orf72 expansion carriers, providing an example of sign epistasis in human neurodegenerative disease

Non-standard neutrino interactions in IceCube

Non-standard neutrino interactions (NSI) may arise in various types of new physics. Their existence would change the potential that atmospheric neutrinos encounter when traversing Earth matter and hence alter their oscillation behavior. This imprint on coherent neutrino forward scattering can be probed using high-statistics neutrino experiments such as IceCube and its low-energy extension, DeepCore. Both provide extensive data samples that include all neutrino flavors, with oscillation baselines between tens of kilometers and the diameter of the Earth. DeepCore event energies reach from a few GeV up to the order of 100 GeV - which marks the lower threshold for higher energy IceCube atmospheric samples, ranging up to 10 TeV. In DeepCore data, the large sample size and energy range allow us to consider not only flavor-violating and flavor-nonuniversal NSI in the μ−τ sector, but also those involving electron flavor. The effective parameterization used in our analyses is independent of the underlying model and the new physics mass scale. In this way, competitive limits on several NSI parameters have been set in the past. The 8 years of data available now result in significantly improved sensitivities. This improvement stems not only from the increase in statistics but also from substantial improvement in the treatment of systematic uncertainties, background rejection and event reconstruction

IceCube Search for Earth-traversing ultra-high energy Neutrinos

The search for ultra-high energy neutrinos is more than half a century old. While the hunt for these neutrinos has led to major leaps in neutrino physics, including the detection of astrophysical neutrinos, neutrinos at the EeV energy scale remain undetected. Proposed strategies for the future have mostly been focused on direct detection of the first neutrino interaction, or the decay shower of the resulting charged particle. Here we present an analysis that uses, for the first time, an indirect detection strategy for EeV neutrinos. We focus on tau neutrinos that have traversed Earth, and show that they reach the IceCube detector, unabsorbed, at energies greater than 100 TeV for most trajectories. This opens up the search for ultra-high energy neutrinos to the entire sky. We use ten years of IceCube data to perform an analysis that looks for secondary neutrinos in the northern sky, and highlight the promise such a strategy can have in the next generation of experiments when combined with direct detection techniques

Posteriori analysis on IceCube double pulse tau neutrino candidates

The IceCube Neutrino Observatory at the South Pole detects Cherenkov light emitted by charged secondary particles created by primary neutrino interactions. Double pulse waveforms can arise from charged current interactions of astrophysical tau neutrinos with nucleons in the ice and the subsequent decay of tau leptons. The previous 8-year tau double pulse analysis found three tau neutrino candidate events. Among them, the most promising one observed in 2014 is located very near the dust layer in the middle of the detector. A posterior analysis on this event will be presented in this paper, using a new ice model treatment with continuously varying nuisance parameters to do the targeted Monte Carlo re-simulation for tau and other background neutrino ensembles. The impact of different ice models on the expected signal and background statistics will also be discussed

Multi-messenger searches via IceCube’s high-energy neutrinos and gravitational-wave detections of LIGO/Virgo

We summarize initial results for high-energy neutrino counterpart searches coinciding with gravitational-wave events in LIGO/Virgo\u27s GWTC-2 catalog using IceCube\u27s neutrino triggers. We did not find any statistically significant high-energy neutrino counterpart and derived upper limits on the time-integrated neutrino emission on Earth as well as the isotropic equivalent energy emitted in high-energy neutrinos for each event