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

Re-thinking the regulatory environment of credit reporting: Could legislation stem privacy and discrimination concerns?

This paper examines the activities carried out in the UK by Credit Reference Agencies, current business practices, and the legal standing of credit reporting. It suggests areas and issues for further legal debate and policy consideration. Ultimately, this study puts forward the case for specific legislative intervention to strike a balance between privacy rights, discrimination concerns, and the needs of the credit industry

A European perspective on data processing consent through the re-conceptualization of European data protection’s looking glass after the Lisbon Treaty: Taking rights seriously

Copyright @ 2012 Kluwer Law International. Reprinted from European Review of Private Law, 20(2): 473 - 506, 2012, with permission of Kluwer Law International.EU data protection law is undergoing a process of reform to meet the challenges of the modern economy and rapid technological developments. This study re-conceptualizes data protection in the EU in light of the enactment of the Treaty of Lisbon and the Charter of Fundamental Rights of the EU. It focuses on data subjects' consent as a key component of data processing legislation - alongside the principles of purpose specification and data quality - to reinforce the view that it is a necessary, though not sufficient, tool to guarantee the declared high level of protection of individuals. To prevent confusion, conflation, or abuse of consent and safeguard the fundamental values to which it is tied, this paper puts forward that additional legal constraints and qualifications would be necessary for the enhancement of its application and enforcement. Soft or libertarian paternalism may be the key to nudge individuals towards the desired social outcome while preserving their individual autonomy. The ultimate suggestion is that EU policy makers should take rights seriously and not be seduced by and surrender to conflicting economic interests

A historical primer on consumer credit reporting systems: A lesson for EU policy makers?

This work investigates the cultural framework through the lens of history of consumer credit reporting in the lender-borrower relationship in order to inform European legislators when setting a future legal framework. It provides an historical primer of consumer credit reporting in the US where it first originated and how the system was transplanted in Europe without following that process of legitimisation and legislative procedure that was so crucial over more than 100 years of American history. This brings concerns that European countries need to contend with, especially in view of a future integrated single market in consumer credit in which consumers receive an adequate protection

The regulation of consumer credit information systems: A lesson from Italy?

The regulation of Consumer Credit information in Italy, the European context, and privacy protection. Could Italy's legislative approach provide an example for a legislative model to other EC member states

The regulation of consumer credit information systems: Is the EU missing a chance?

This article examines the legal framework of consumer credit information systems in the EU in view of a single retail credit market. It puts forward the proposition that positive law is inadequate to strike a balance between legitimate concerns over consumers' civil liberties, institutional guarantees, and the needs of the credit industry. It suggests that the EU should enact industry-specific legislation, and the new consumer credit directive should represent the appropriate forum for its regulation. So far, however, the proposed directive maintains the status quo and is far from satisfactory, leading to the conclusion that the EU is missing a chance to re-think a regulatory model to support a healthy single consumer credit market in which consumers receive adequate protection

The 'credit scoring pandemic' and the European vaccine: Making sense of EU data protection legislation

Copyright @ 2010 The Author. This article is available open access through the publisher’s website at the link below.This article explores credit scoring systems as a tool used by the credit industry to evaluate consumers’ credit applications and creditworthiness within the context of the EU. After an analysis of the technologies and techniques behind the scoring of individuals, it investigates the most relevant issues behind the reporting of consumer financial information, i.e. the prejudicial side of sharing people's reputation exacerbated by ever-advancing information technologies and the disrespect of the privacy of consumers. This is put in context with an analysis of the values that the right of informational privacy protects and the dangers that data protection legislation aims to prevent. Ultimately, this article aims at showing that a correct application of the existing EU data protection legislation should prevent, or at least repair, the flaws of the uses of credit scoring and concerns over the respect of established privacy rights

Tunneling driven tilt modes of the O octahedra in La{2-x}Sr{x}CuO{4}: strong dependence on doping

The anelastic spectrum of La{2-x}Sr{x}CuO{4} (x = 0, 0.008, 0.019, 0.032) has been measured down to 1.5 K, in order to see the effect of doping on the intrinsic lattice fluctuations already found in stoichiometric La{2}CuO{4}, and identified with tunneling driven tilt modes of the O octahedra. Slight doping with Sr causes a drastic increase of the transition rates and relaxation strength of the tunneling systems. The influence of doping on the relaxation rate is interpreted in terms of direct coupling between between the tilts of the octahedra and the hole excitations. However, the observed fast dependence of the rate on temperature cannot be explained in terms of the ususal models of coupling between a tunneling system and the conduction electrons.Comment: LaTeX, 5 figures in a single PostScript file, submitted to Phys. Rev.

Acoustic measurement of the low-energy excitations in Nd2-xCexCuO4

The complex dynamic Young's modulus of ceramic Nd2-xCexCuO4 with x = 0, 0.05 and 0.20 has been measured from 1.5 to 100 K at frequencies of 1-10 kHz. In the undoped sample the modulus starts decreasing below ~20 K, instead of approaching a constant value as in a normal solid. The modulus minimum has been interpreted in terms of paraelastic contribution from the relaxation of the Nd^3+ 4f electrons between the levels of the ground state doublet, which is split by the interaction with the antiferromagnetically ordered Cu sublattice. The value of the splitting is found to be 0.34 meV, in excellent agreement with inelastic neutron scattering, infrared and specific heat experiments. With doping, the anomaly shifts to lower temperature and decreases in amplitude, consistently with a reduction of the local field from the Cu sublattice.Comment: 5 pages, 2 figures, submitted to Eur. Phys. J.