22 research outputs found

    When Can the Child Speak for Herself? The Limits of Parental Consent in Data Protection Law for Health Research.

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    Draft regulatory guidance suggests that if the processing of a child's personal data begins with the consent of a parent, then there is a need to find and defend an enduring consent through the child's growing capacity and on to their maturity. We consider the implications for health research of the UK Information Commissioner's Office's (ICO) suggestion that the relevant test for maturity is the Gillick test, originally developed in the context of medical treatment. Noting the significance of the welfare principle to this test, we examine the implications for the responsibilities of a parent to act as proxy for their child. We argue, contrary to draft ICO guidance, that a data controller might legitimately continue to rely upon parental consent as a legal basis for processing after a child is old enough to provide her own consent. Nevertheless, we conclude that data controllers should develop strategies to seek fresh consent from children as soon as practicable after the data controller has reason to believe they are mature enough to consent independently. Techniques for effective communication, recommended to address challenges associated with Big Data analytics, might have a role here in addressing the dynamic relationship between data subject and processing. Ultimately, we suggest that fair and lawful processing of a child's data will be dependent upon data controllers taking seriously the truism that consent is ongoing, rather than a one-time event: the core associated responsibility is to continue to communicate with a data subject regarding the processing of personal data

    What does it mean for a data subject to make their personal data ‘manifestly public’? An analysis of GDPR Article 9(2)(e)

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    Key points This article investigates an under-discussed and potentially significant provision in the EU General Data Protection Regulation (GDPR), namely Article 9(2)(e), which permits processing of special category personal data if the ‘processing relates to personal data which are manifestly made public by the data subject’. This provision may be of increasing interest to data controllers in a variety of cloud-based, internet-related, and/or social media contexts. We specifically consider the application of this provision in the context of genetic data and open data sharing (ie data that can be freely used, re-used, and redistributed by anyone), illustrating this by way of several cases of initiatives that seek to share genetic data. We query whether by uploading one’s own genetic data onto the internet, a person has made their data ‘manifestly public’ within the meaning of the GDPR. Our response to this query is that in general, the answer should be no, but it remains possible. We argue that Article 9(2)(e) must be construed narrowly; outside of clearly defined contexts, it would be legally inappropriate to invoke and rely upon this manifestly public self-disclosure exception in data protection law. Our narrow interpretation of the provision aligns with the limited guidance made available from data protection authorities. As part of this argument, we propose a legal test that must be satisfied before Article 9(2)(e) may be lawfully invoked, and which is grounded in the intent of the data subject

    Flux Phase as a Dynamic Jahn-Teller Phase: Berryonic Matter in the Cuprates?

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    There is considerable evidence for some form of charge ordering on the hole-doped stripes in the cuprates, mainly associated with the low-temperature tetragonal phase, but with some evidence for either charge density waves or a flux phase, which is a form of dynamic charge-density wave. These three states form a pseudospin triplet, demonstrating a close connection with the E X e dynamic Jahn-Teller effect, suggesting that the cuprates constitute a form of Berryonic matter. This in turn suggests a new model for the dynamic Jahn-Teller effect as a form of flux phase. A simple model of the Cu-O bond stretching phonons allows an estimate of electron-phonon coupling for these modes, explaining why the half breathing mode softens so much more than the full oxygen breathing mode. The anomalous properties of O2−O^{2-} provide a coupling (correlated hopping) which acts to stabilize density wave phases.Comment: Major Revisions: includes comparisons with specific cuprate phonon modes, 16 eps figures, revte

    Thermodynamics of pyrope-majorite, Mg3Al2Si3O12-Mg4Si4O12, solid solution from atomistic model calculations

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    Static lattice energy calculations, based on empirical pair potentials have been performed for a large set of different structures with compositions between pyrope and majorite, and with different states of order of octahedral cations. The energies have been cluster expanded using pair and quaternary terms. The derived ordering constants have been used to constrain Monte Carlo simulations of temperature-dependent properties in the ranges of 1073 3673K and 0 20 GPa. The free energies of mixing have been calculated using the method of thermodynamic integration. At zero pressure the cubic/tetragonal transition is predicted for pure majorite at 3300 K. The transition temperature decreases with the increase of the pyrope mole fraction. A miscibility gap associated with the transition starts to develop at about 2000K and xmaj 0.8, and widens with the decrease in temperature and the increase in pressure. Activity composition relations in the range of 0 20 GPa and 1073 2673K are described with the help of a high-order Redlich Kister polynomial

    An Appeal to the Global Health Community for a Tripartite Innovation: An "essential Diagnostics List," "health in All Policies," and "see-Through 21st Century Science and Ethics"

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    PubMedID: 26161545Diagnostics spanning a wide range of new biotechnologies, including proteomics, metabolomics, and nanotechnology, are emerging as companion tests to innovative medicines. In this Opinion, we present the rationale for promulgating an "Essential Diagnostics List." Additionally, we explain the ways in which adopting a vision for "Health in All Policies" could link essential diagnostics with robust and timely societal outcomes such as sustainable development, human rights, gender parity, and alleviation of poverty. We do so in three ways. First, we propose the need for a new, "see through" taxonomy for knowledge-based innovation as we transition from the material industries (e.g., textiles, plastic, cement, glass) dominant in the 20th century to the anticipated knowledge industry of the 21st century. If knowledge is the currency of the present century, then it is sensible to adopt an approach that thoroughly examines scientific knowledge, starting with the production aims, methods, quality, distribution, access, and the ends it purports to serve. Second, we explain that this knowledge trajectory focus on innovation is crucial and applicable across all sectors, including public, private, or public-private partnerships, as it underscores the fact that scientific knowledge is a co-product of technology, human values, and social systems. By making the value systems embedded in scientific design and knowledge co-production transparent, we all stand to benefit from sustainable and transparent science. Third, we appeal to the global health community to consider the necessary qualities of good governance for 21st century organizations that will embark on developing essential diagnostics. These have importance not only for science and knowledge-based innovation, but also for the ways in which we can build open, healthy, and peaceful civil societies today and for future generations. © 2015, Mary Ann Liebert, Inc..Economic and Social Research Council: ES/F028180/

    Uso de n-alcanos na estimativa da composição botânica da dieta em ovinos alimentados com diferentes proporções de Brachiaria decumbens Stapf e Arachis pintoi Koprov e Gregory Use of n-alkanes to estimate the dietary botanical composition in sheep fed different proportions of Brachiaria decumbens Stapf and Arachis pintoi Koprov and Gregory

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    Neste experimento objetivou-se avaliar o poder discriminatório dos n-alcanos para estimar com acurácia e precisão a composição botânica da dieta em ovinos alimentados com diferentes proporções de Arachis pintoi Koprov & Gregory cv. Amarillo (0, 15, 30, 45 e 60%) e Brachiaria decumbens Stapf. Foram utilizados 20 ovinos em delineamento inteiramente casualizado, com período experimental de dez dias de adaptação à dieta e cinco dias de coleta de fezes. Nas amostras (compostas) de fezes do período e nos fenos, foi analisada a concentração de n-alcanos. Para o cálculo da composição botânica, utilizou-se minimização da soma dos quadrados dos desvios, considerando as concentrações dos alcanos nos componentes da dieta e nas fezes. Para a escolha dos alcanos mais discriminatórios, foram utilizadas as análises multivariadas e as variáveis canônicas. As estimativas calculadas foram submetidas à análise de variância. As médias foram comparadas pelo teste t e as correções dos valores estimados em relação aos valores reais foram ajustadas em regressão linear. As variáveis canônicas indicaram que os alcanos C35, C33, C30, C31, C27, C29 e C36 são os de maior potencial discriminatório. O uso desses alcanos nos cálculos foi mais acurado e preciso para estimar a proporção de A. pintoi na dieta que o uso de apenas dois ou três alcanos com poder discriminatório. O melhor ajuste da regressão também foi encontrado para esses alcanos. O teste t para o intercepto da equação (a) e o coeficiente de regressão (b) indicaram que a = 0 e b = 1, comprovando que os valores estimados são equivalentes aos valores reais. As análises multivariadas mostraram-se ferramentas de grande importância na escolha dos n-alcanos nos cálculos nas estimativas.<br>The objective of this experiment was to use n-alkane to estimate accurately and precisely the botanical composition of dietary forage in sheep fed different proportions of Arachis pintoi Koprov & Gregory cv. Amarillo and Brachiaria decumbens Stapf (0, 15, 30, 45 e 60% of Arachis pintoi). Twenty lambs were used in a completely randomized design with 10 days for diet adaptation and 5 days for fecal collection. Both fecal composites and hay samples were analyzed for n-alkane concentration. Dietary forage proportions were estimated from measured concentrations of n-alkanes in feces and forage by the least square sum of deviations. Multivariate analyses and canonical variables were used to select the most discriminatory alkane with the obtained data submitted to analysis of variance. Means were compared using the "t" test and the adjustments of the estimated values in relation to the observed were done by linear regression. The canonical variables indicated that the alkanes C35, C33, C30, C31, C27, C29 and C36 had the greatest discriminatory potential. Therefore, the use of all these alkanes in the calculation was more accurate and precise (P <0.05) than the use of a combination of 2 or 3 alkanes to estimate the proportion of A. pintoi in the diet. The best adjustment of the regression was also found for these alkanes. The "t" test for the intercept of the equation (a) and the regression coefficient (b) showed that a = 0 and b = 1, indicating that the estimated values are equivalent to the observed. The multivariate analysis appears to be an important tool to select n-alkanes for diet evaluation
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