Electronic Child Records in The Netherlands: A Legitimate Path to Right Wrongs?
In: Information Technology and Law Series; Innovating Government, S. 183-196
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In: Information Technology and Law Series; Innovating Government, S. 183-196
In: Information Technology and Law Series; Innovating Government, S. 1-14
In: Netherlands international law review: NILR ; international law - conflict of laws, Band 55, Heft 2
ISSN: 1741-6191
In: Netherlands international law review: NILR ; international law - conflict of laws, Band 51, Heft 3, S. 461-464
ISSN: 1741-6191
In: Information Polity: the international journal of government & democracy in the information age, Band 15, Heft 4, S. 309-322
ISSN: 1875-8754
In: Information Technology and Law Ser. v.20
The aim of this book is to analyze four dimensions of innovating government and the use of new technologies: legal, ethical, policy and technological dimensions. By joining authors from a diversity of backgrounds, the book crosses disciplinary borders.
In: First Monday Vol. 17 No. 7
SSRN
In: Policy & internet, Band 3, Heft 2, S. 1-28
ISSN: 1944-2866
AbstractOnline safety for children and adolescents as a policy issue finds itself in a turbulent arena: emerging new mobile and online technologies and applications carry opportunities and risks and constantly bring new challenges. This article explores particularly the field of adolescents and cybercrime against a background of a culture of control combined with an increasing use of new media by youngsters. Based on two particular cases, i.e. 'grooming'—a new development in criminal law where children and adolescents are treated as (potential) victims in need of protection—and 'sexting'—a new development in online risk‐taking where adolescents are framed as (potential) offenders in need of repression—we argue that public policy with respect to adolescent behaviour and online risks is tilting towards more control. These developments in cybercrime policy that focus on criminal law as a policy instrument disturb the balance between the freedom of adolescents to develop into responsible and independent adults and controlling online risks. Other, more promising avenues, such as encouraging digital literacy of citizens and protecting those children who are particularly vulnerable, should rather be at the forefront of public policy.
SSRN
Working paper
In: Policy & internet, Band 6, Heft 3, S. 268-295
ISSN: 1944-2866
Social media process (sometimes large amounts of) personal data of their users, usually on the basis of informed consent. In this article, a comparison is made between, on the one hand, existing practices of social media regarding informed consent for using personal data of users and, on the other hand, user expectations with regard to privacy and informed consent. The comparison is made on the basis of a set of criteria for informed consent distilled from an analytical bibliography. Next, the privacy policies of a selection of eight social network sites and user generated content sites are analyzed using this set of criteria for informed consent. User expectations regarding these criteria were derived from survey results of a large EU‐wide online survey (N = 8,621, 26 countries) on the awareness, values, and attitudes of social media users regarding privacy. We find that not all privacy policy criteria are important to users, but most criteria that are important to users can be found in most privacy policies.
In: Information Technology and Law Series, 24
Ensuring online safety has become a topic on the regulatory agenda in many Western societies. However, regulating for online safety is far from easy, due to the wide variety of national and international, private and public actors and stakeholders that are involved. When regulating online risks for children it is important to strike the right balance between protection against harms on the one hand, and safeguarding their fundamental freedoms and rights on the other. The authors in this book attempt to grapple with precisely this theme: striking the right balance between ensuring safety for children on the internet while at the same time enabling them to experiment, to learn, to enrich their lives, to acquire skills and to have fun using this global network. The authors come from various scientific disciplines, ranging from law to social science and from media studies to philosophy. This means that the book provides the reader with both empirical and theoretical/conceptual chapters, and sheds a multi-disciplinary light on the complex topic of regulating online safety for children.
In: Custers B.H.M, Dechesne F., Georgieva I.N. & Hof S. van der (2017), De bescherming van persoonsgegevens: acht Europese landen vergeleken. Den Haag: SDU
SSRN
Working paper
In: Custers, B., Dechesne, F., Sears, A., Tani, T., Van der Hof, S. (2017) A comparison of data protection legislation and policies across the EU, Computer Law & Security Review, DOI: 10.1016/j.clsr.2017.09.001
SSRN
Working paper
In this paper, user expectations with regard to privacy and consent when using social media are compared with the EU legal framework for personal data protection. This analysis is based on a set of criteria for informed consent distilled from an analytical bibliography. User expectations regarding these criteria are derived from survey results. For each of the criteria for informed consent it is assessed whether there exists legal provisions in the existing EU personal data protection law and in the proposed legal framework in this area. A gap analysis between user expectations regarding each criterion and the availability or absence of related legal provisions shows that many but not all aspects of consent are addressed in both the current and the proposed legislation. Furthermore, the EU personal data protection legislation only provides a very general scope regarding consent and does not contain many details on what adequate consent procedures should look like. There is, at some points, a disconnect between the abstract legal provisions and the concrete practical implementations in the architecture and privacy statements of social media. Suggestions for solving these disconnects are made by suggesting changes at a practical level, by adjusting the legal framework, or both. Finally, the limits of the current models for personal data protection and consent are discussed. ; peer-reviewed
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Abstract Children face significant consumer risks when surfing online, related to, inter alia, embedded advertisements and privacy-invasive practices, as well as the exploitation of their incredulity and inexperience resulting in overspending or online fraudulent transactions. Behind the fun and playful activities available for children online lie complex revenue models, creating value for companies by feeding children's data into algorithms and self-learning models to profile them and offer personalised advertising or by nudging children to buy or try to win in-app items to advance in the games they play. In this article we argue that specific measures against these forms of economic exploitation of children in the digital world are urgently needed. We focus on three types of exploitative practices that may have a significant impact on the well-being and rights of children - profiling and automated decision-making, commercialisation of play, and digital child labour. For each type, we explain what the practice entails, situate the practice within the existing legislative and children's rights framework and identify concerns in relation to those rights. Keywords
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