Dr. Ian Brown (Senior Research Fellow, Oxford Internet Institute) presents an analysis of the interface between Data Protection regulation and social networking. This seminar was held during Trinity Term 2012 as part of the OxPILS series 'Mending the Tangled Web? Informational Privacy 3.0'. The series was generously made possible with funding from a Joint Programme between the European Union and the Council of Europe. (The views expressed are those of the individual speakers only). http://www.csls.ox.ac.uk/documents/OxPILSseminarseriesTrinity2012.pdf

Centre for Socio-Legal Studies

Data Protection and Social Networks

This contribution by Jörg Polakiewicz argues that the Council's Convention on Data Protection (Convention 108) remains highly relevant as a possible standard for protecting privacy and data protection worldwide. Jörg Polakiewicz, Head of Human Rights Policy and Development at Council of Europe, To develop this further the interaction between the Convention and the European Union's framework for assessing the adequacy of Data Protection regimes outside the European Economic Area (EEA) should be better reconciled. This should be part of the modernization of the Convention now underway. This talk was part of the OxPILS Conference 'The 'Right to be Forgotten' and Beyond' held on 12 June 2012. This Conference was the culmination of 'Mending the Tangled Web? Information Privacy 3.0', a series which was generously made possible with funding from a Joint Programme between the European Union and the Council of Europe. (The views expressed are those of the individual speakers only). For full details please see http://www.csls.ox.ac.uk/conferences/oxpilsconference2012/.

Data Protection and Freedom of Expression in the Age of Web 2.0 - What should be the future shape of transnational governance regimes in this area? 3

This contribution by Michael Donohue, Senior Policy Analyst at the Organisation for Economic Co-operation and Development (OECD), presents a personal perspective on this issue grounded in the OECD's canon. Michael Donoghue argues that the OECD framework has throughout its history emphasised the importance of ensuring the free flow of information. Recent socio-technological developments raise a number of new issues here notably the role of the individuals in putting privacy at risk through the data they create and disseminate. These issues have been under consideration as part of the review of the OCED privacy framework which is now underway. This talk was part of the OxPILS Conference 'The 'Right to be Forgotten' and Beyond' held on 12 June 2012. This Conference was the culmination of 'Mending the Tangled Web? Information Privacy 3.0', a series which was generously made possible with funding from a Joint Programme between the European Union and the Council of Europe. (The views expressed are those of the individual speakers only). For full details please see

Data Protection and Freedom of Expression in the Age of Web 2.0 - What should be the future shape of transnational governance regimes in this area? 2

This contribution by Thomas Zerdick, Legal Officer at the European Commission's Data Protection Unit, presents the Commission's understanding of the interface between Data Protection and freedom of expression within the EU. The presentation argues that in accordance with the EU Charter of Fundamental Rights Member States the Data Protection framework does apply to this field and Member States may only provide exemptions which respect the essence of the right to Data Protection and follow the principle of proportionality and necessity. The absolute exemption for private and personal processing should only apply when the individual is not disseminating data to an indefinite number of the public. At the same time, Thomas Zerdick emphases the wide margin of appreciation which Member States are allowed here. The talk was the keynote address of the OxPILS Conference 'The 'Right to be Forgotten' and Beyond' held on 12 June 2012. This Conference was the culmination of 'Mending the Tangled Web? Information Privacy 3.0', a series which was generously made possible with funding from a Joint Programme between the European Union and the Council of Europe. (The views expressed are those of the individual speakers only). For full details please see http://www.csls.ox.ac.uk/conferences/oxpilsconference2012/.

Data Protection and Freedom of Expression in the Age of Web 2.0 - What should be the future shape of transnational governance regimes in this area?

This contribution by Anthony House, a Manager at Google leading its central public policy team in Europe the Middle East and Africa (EMEA), presents Google's position on Data Protection, the Right to be Forgotten and search engines. Antony House argues that the Right to be Forgotten should not be applied to search engines in so far as they are involved in the dissemination, discovery and consumption of lawfully published information. The talk was the keynote address of the OxPILS Conference 'The 'Right to be Forgotten' and Beyond' held on 12 June 2012. This Conference was the culmination of 'Mending the Tangled Web? Information Privacy 3.0', a series which was generously made possible with funding from a Joint Programme between the European Union and the Council of Europe. (The views expressed are those of the individual speakers only). For full details please see http://www.csls.ox.ac.uk/conferences/oxpilsconference2012/.

How practicable is it to apply Data Protection to activities involving Freedom of Expression? 4

This contribution by Peter Hustinx, European Data Protection Supervisor and formerly President of the Dutch Data Protection Authority, presents an international perspective on the interface between Data Protection and freedom of expression. Peter Hustinx argues the proposed European Data Protection Regulation should avoid specific reference to journalism literature and art but should very clearly require Member States only provide freedom of expression exemptions from Data Protection to the extent necessary to strike a proper balance between fundamental rights. He also argues that it might be helpful to state that the exemptions should not affect the essential elements of either the right to freedom of expression or the right to data protection. The talk was the keynote address of the OxPILS Conference 'The 'Right to be Forgotten' and Beyond' held on 12 June 2012. This Conference was the culmination of 'Mending the Tangled Web? Information Privacy 3.0', a series which was generously made possible with funding from a Joint Programme between the European Union and the Council of Europe. (The views expressed are those of the individual speakers only). For full details please see http://www.csls.ox.ac.uk/conferences/oxpilsconference2012/.

How practicable is it to apply Data Protection to activities involving Freedom of Expression? 3

Rosemary Jay explores the current interaction between freedom of expression and Data Protection in UK law and puts forward proposals for its reform within the context of the revision of the European Data Protection framework. Rosemary Jay, Senior Attorney at Hunton and Williams and former Head of Legal at the UK Office of the Data Protection Registrar, argues that all whose public expressive activities impact on the right to privacy should both be subject to the same law and to a regulator such as the Information Commissioner's Office in the case of bloggers. At the same time Data Protection law must be amended in order to better reconcile the various values at stake. The talk was the keynote address of the OxPILS Conference 'The 'Right to be Forgotten' and Beyond' held on 12 June 2012. This Conference was the culmination of 'Mending the Tangled Web? Information Privacy 3.0', a series which was generously made possible with funding from a Joint Programme between the European Union and the Council of Europe. (The views expressed are those of the individual speakers only). For full details please see http://www.csls.ox.ac.uk/conferences/oxpilsconference2012/.

How practicable is it to apply Data Protection to activities involving Freedom of Expression? 2

David Smith presents an overview of some of the challenges and difficulties faced by the regulation in applying Data Protection standards and rules to freedom of expression. David Smith, Deputy Commissioner and Director of Data Protection at the UK Information Commissioner's Office, focuses on exploring the challenges in deciding when and how the law applies, the definition of journalism literature and art, the complexity of UK law in this area and the political nature of regulation the media. The talk was the keynote address of the OxPILS Conference 'The 'Right to be Forgotten' and Beyond' held on 12 June 2012. This Conference was the culmination of 'Mending the Tangled Web? Information Privacy 3.0', a series which was generously made possible with funding from a Joint Programme between the European Union and the Council of Europe. (The views expressed are those of the individual speakers only). For full details please see http://www.csls.ox.ac.uk/conferences/oxpilsconference2012/.

How practicable is it to apply Data Protection to activities involving Freedom of Expression?

Professor Bill Dutton of the Oxford Internet Institute presents some personal reflections on how Data Protection should be reconciled with freedom of expression as well commenting on some specific issues raised by Artemi Lombarte and David Erdos. The contribution argues strongly that there are some serious issues regarding the Right to be Forgotten, Data Protection, Freedom of Expression and the Internet which should be addressed in the revision of the European Data Protection framework now underway. The talk was the keynote address of the OxPILS Conference 'The 'Right to be Forgotten' and Beyond' held on 12 June 2012. This Conference was the culmination of 'Mending the Tangled Web? Information Privacy 3.0', a series which was generously made possible with funding from a Joint Programme between the European Union and the Council of Europe. (The views expressed are those of the individual speakers only). For full details please see http://www.csls.ox.ac.uk/conferences/oxpilsconference2012/.

How is and how should Data Protection be reconciled with Freedom of Expression?

Dr. David Erdos, Katzenbach Research Fellow and Leverhulme Early Career Fellow at the University of Oxford's Centre for Socio-Legal Studies. presents an empirical overview of both the scope and strength of derogations provided for public freedom of expression in the Data Protection laws of all European Economic Area (EEA) states. The data demonstrates the radically divergent and inconsistent nature of the law in this area and raises pressing questions which should be addressed in the revision of the European Data Protection framework now underway. The talk was the keynote address of the OxPILS Conference 'The 'Right to be Forgotten' and Beyond' held on 12 June 2012. This Conference was the culmination of 'Mending the Tangled Web? Information Privacy 3.0', a series which was generously made possible with funding from a Joint Programme between the European Union and the Council of Europe. (The views expressed are those of the individual speakers only). For full details please see http://www.csls.ox.ac.uk/conferences/oxpilsconference2012/.

Reconciling Data Protection and Free Speech? A Comparative European Analysis

Professor Artemi Rallo Lombarte, former Director of the Spanish Agency and currently Professor of Constitutional Law at Jaume I University. presents a detailed analysis of the Spanish experience in implementing the Right to be Forgotten under the Data Protection framework. This talk focuses on how such a right should apply to the expression and dissemination of personal information online. The talk was the keynote address of the OxPILS Conference 'The 'Right to be Forgotten' and Beyond' held on 12 June 2012. This Conference was the culmination of 'Mending the Tangled Web? Information Privacy 3.0', a series which was generously made possible with funding from a Joint Programme between the European Union and the Council of Europe. (The views expressed are those of the individual speakers only). For full details please see http://www.csls.ox.ac.uk/conferences/oxpilsconference2012/.

The Origins and Importance of the Right to be Forgotten

Simon Davies (Director, Privacy International) presents an overview of the key privacy risks, especially as regards the Internet, which have emerged in the Web 3.0 era. This seminar is the first in the OxPILS series "Mending the Tangled Web? Informational Privacy 3.0". This series has been generously made possible with funding from a Joint Programme between the European Union and the Council of Europe. (The views expressed are those of the individual speakers only). The talk argued that the current data protection framework is struggling to cope with the mass and diffuse nature of data processing which has now become ubiquitous. One way forward may be to develop and entrench technology with build-in privacy protections such as cryto-algorithms at every level.

Privacy 3.0 - A Critical Juncture or Convenient Hype?

Professor Mayer-Schonberger discusses the concept of forgetting in relation to the 'digital age' - where nothing online is forgotten and the consequences of this to individuals and society.

Delete: The Virtue of Forgetting in a Digital Age

Second part of a Panel discussion held at Portculis House, Westminster, discussing the central strengths and achievements of the Constitutional Reform with questions and comments from the audience.

Charter 88 and the Constitutional Reform Movement Twenty Years On; discussion

First part of a Panel discussion held at Portculis House, Westminster, asking what have been the central strengths and achievements of the constitutional reform movement among other questions that look back at Charter 88.

Charter 88 and the Constitutional Reform Movement Twenty Years On

Podcasts from the Centre of Socio-Legal Studies.

hubhopper

Centre for Socio-Legal Studies

hubhopper