In this dissertation I explore how the international law principle of free, prior and informed consent (FPIC) can enhance public participation, to promote environmental justice for communities affected by environmental decision-making in the mining sector in South Africa. Public participation required in terms of the mining sector environmental regulatory framework in South Africa is underscored by a requirement to ‘consult’. In chapter one, I describe how the requirement to consult differs from a requirement to secure consent in terms of FPIC. I describe public participation (i.e. consultation) requirements related to applications for rights, permits, licences and authorisations that must be in place prior to commencement of mining operations. I argue that where the level of public participation requires mere consultation, it can easily amount to a regulatory tick-box exercise given that the views of mining-affected communities can be manipulated or overlooked, with mining developments proceeding despite devastating effects on communities. In chapter two I describe how FPIC has become part of the regulatory framework governing mining activities through the court’s purposive interpretation of the Interim Protection of Informal Land Rights Act 31 of 1996 (IPILRA) in Baleni and Others v Minister of Mineral Resources and Others and Maledu and Others v Itereleng Bakgatla Mineral Resources (Pty) Limited and Another. In chapter three, I engage with scholarly literature on FPIC to analyse why and how environmental justice should and can be enhanced by embedding FPIC into legislative public participation requirements. I argue that FPIC, which now forms part of South Africa’s law through the IPILRA, should be a prominent feature in public participation processes for mining-affected communities generally, and not only for informal land right holders. / Mini Dissertation (LLM)--University of Pretoria, 2021. / Public Law / LLM / Unrestricted

La course à la miniaturisation des appareils informatiques est en train de transformer notre relation avec ces derniers, ainsi que leurs rôles dans notre société. Le nombre d’ordinateurs miniatures contrôlés à distance augmente considérablement et ces objets connectés - comme ils sont communément appelés - sont de plus en plus sollicités pour effectuer des tâches à la place de l’Homme. La tendance actuelle consiste à créer une place dans Internet pour ces objets connectés, autrement dit, à construire des protocoles adaptés à leurs ressources limitées. Cette tendance est connue comme l’Internet desObjets - ou l’acronyme anglais IoT - qui est différent des protocoles destinés à une utilisation exclusivement par des humains dit Internet des Personnes ou IoP en anglais. Avec l’adoption de cette séparation conceptuelle, comment est-ce qu’une personne échangerait ses informations avec des objets sans sacrifier la sécurité ? Pour aider à réduire cet écart, on a besoin d’un intermédiaire et la mise en réseau de ces intermédiaires amène à construire le concept d’Internet des Services ou IoS en anglais. Les personnes et les objets sont connectés à travers les services. Le réseau dans son ensemble, incluant les personnes, les objets et les services est donc l’Internet des Personnes, des Objets et des Services. Notre travail se situe à l’intersection de ces trois domaines et notre contribution est double. Premièrement, nous assurons que la liaison entre l’identité d’une personne et de ses objets ne se fasse pas au détriment des propriétés de sécurité telles que l'Intégrité, l'Anonymat et la confidentialité. Et deuxièmement, nous abordons la gestion de la confidentialité des données avec les objets dits connectés. Dans la quête d’une meilleure intégration des objets connectés à Internet, nous avons contribué à la définition de protocoles autant sur la couche applicative que sur la couche réseau du modèle OSI, avec pour préoccupations principales les contraintes de l’IoT et la sécurité. / The constant efforts of miniaturization of computing machines is transforming our relationships with machines and their role in society. The number of tiny computers remotely controlled is skyrocketing and those connected things are now more and more asked to do things on human behalf. The trend consists in making room for these specific machines into the Internet, in other words, building communication protocols adapted to their limited resources. This trend is commonly known as the Internet of Things (IoT) which consist of appliances and mechanisms different from those meant to be used exclusively by humans, the Internet of Persons (IoP). This conceptual separation being adopted, how would a Person exchange information with Things ?Sorts of brokers can help bridging that gap. The networking of those brokers led to the concept of Internetof Services (IoS). Persons and Things are connected through Services. This global networking is called the Internet of Persons Things and Services (IoPTS). Our work is on the edge of these 3 Internet areas and our contributions are two fold. In the first hand, we tackle the secure biding of devices’ and persons’ identities while preserving the Integrity, Anonymity and Confidentiality security properties. On the other hand, we address the problem of the secrecy of data on constrained Internet-connected devices. Other mechanisms must be created in order to seamlessly bind these conceptual areas of IoP, IoT andIoS. In this quest for a better integration of Internet connected-devices into the Internet of Persons, our work contributes to the definition of protocols on application and network layers, with IoT concerns and security at heart.

The main topic of the master's thesis is protection of bodily integrity, which started to play an important role since the beginning of this millennium in the continental Europe in support of patient's individual rights. The thesis particularly undergoes research by which means is patient's bodily integrity guaranteed on the constitutional level. For that purpose, the thesis analyses informed consent in its various forms, namely in comparisons to foreign literature and judgements in USA and United Kingdom. Simultaneously the court decision became the centre of attention, because of its guarantee to protect bodily integrity to minors and incompatible people. These conclusions the thesis then follows up and applies on cases, in which is bodily integrity of patient is most vulnerable. The conclusion of this thesis is that the protection of bodily integrity is guaranteed on the constitutional level by art. 7 par. 1 Charter of fundamental rights and freedoms and art. 8 European Convention on human rights. Simultaneously the thesis comes to the conclusion that in some cases the protection of bodily integrity in not fully guaranteed. That's the case of sterilization of transsexual patients who are forced to undergo this surgery by statutory regulation. The thesis in the case of compulsory vaccination...

The aim of this thesis is to describe and evaluate legislation concerning the informed consent in the Czech legal system and propose its changes de lege ferenda. The thesis also comprises many comparisons between the Czech legislation and the foreign legislation. The first five chapters of this thesis deal with sources of legislation, informed consent as such along with information of patients as a necessary prerequisite for giving of the consent, other topics are refusal of medical care by patients and the so called advance decisions. Apart from this theoretical part the thesis also includes a practical part. The aim of this practical part is to explore implementation of legislation concerning informed consent in the everyday practice of hospitals and subsequently to compare this practice with the requirements of law. This survey was carried out by means of questionnaires, which were submitted to doctors relating theirs experience with using of informed consents in their medical practice. The purpose of this practical part is also to find out the experience and opinions of recipients of medical services, i. e. the patients, concerning different issues connected with the informed consent, also by means of the questionnaire method. Last but not least the thesis mentions many problems which are...

This qualitative study examines young adults’ expectations and experiences of consent and pleasure which result in a grey area. Based on focus groups and one-on-one interviews with 18 to 25-year-old women and men, I explore various experiences of consensual sex ranging from clearly consensual and pleasurable, consensual yet mediocre experiences, and those which reflect a grey area of consent. Whereas best and simply mediocre sex are characterized by clear feelings of consent, the grey area involves sex that is felt as less than fully consensual but not quite as sexual assault. I apply theories of expectation states, compulsory heterosexuality, and sexual script theories to the findings of this research to argue that adherence to traditional gender norms of heterosexual behaviour lead to greater social importance given to men’s needs for sexual pleasure. These inequalities and expectations surrounding sexual behaviour lead to feeling constrained in one’s ability to negotiate and interpret feelings of desire and consent, resulting in a grey area.

The purpose of the essay is to examine and analyze if individuals are ensured anefficient protection against violations of personal integrity when using cookiesonline. This is done through both a de lege lata and a de lege ferenda perspective.To do this a technical perspective of what cookies are is applied, as well as howthey can amount to a threat to personal integrity. What personal integrity is andhow it can be protected are questions which are answered through the methodof legal dogmatics as well as the EU legal method, while the question if the protectionis sufficient is answered through the method of legal informatics. The investigation in the matter led to the result of a definition of what is tobe understood by personal integrity within the framework of the essay, whichcan be described as the right to have control over the spread of sensitive information.In addition to this it is shown in the essay that personal integrity in relationto cookies is protected through the means of collecting consent before placingcookies. The mechanism of collecting consent is in theory an appropriate wayto ensure control for the individual. Even so, practical studies in the field indicatethat the regulation does not meet compliance by the market participants sufficientlywhen collecting consent to the use of cookies. Due to this it cannot beclaimed that personal integrity is efficiently protected in practice. Since the de lege lata result show indications of lack of compliance the conclusionis that the current regulations are not sufficiently enough protecting personalintegrity of individuals. The forthcoming e-Data protection Regulationmight offer some solutions to this compliance issue, but as shown in the de legeferenda-discussion there is a need to combine regulatory solutions with technicaltools to enforce a comprehensive compliance by the market participants in practice.The combined solution will give both individuals and supervisory authoritiesthe tools necessary to protect personal integrity, while the collection of consentcan continue to be the regulatory mechanism used to protect personal integrity.

Purpose: The purpose of this thesis was to conduct a systematic literature review in the domain of permission marketing to provide a comprehensive future research agenda and policy recommendations. Design/methodology/approach: This research paper worked with a systematic literature review as a method, where articles will be selected, screened, reviewed, and synthesized. In total, the review included 61 studies. This study developed a detailed future research agenda in the form of the TCCM framework that can be followed to further explore the domain. Findings: Consistent throughout the literature has been that certain underlying factors have a crucial influence on the domain of permission marketing. Those factors include trust, transparency, control, and privacy concerns affecting the consent giving which then affects the permission marketing. Ultimately, these aspects led to considering the field from an ethical perspective and thus, guided the development of policy recommendations including ethical considerations where the perspectives of consumers and company were highlighted. Research limitations/implications: The conceptual model developed within this research paper was solely developed based on the gathered synthesized literature due to the time frame limitations. Future researchers are encouraged to validate the findings empirically. Furthermore, the researchers have developed a detailed future research agenda in the form of the TCCM framework that can be followed to further explore the domain. Practical implications: Reviewing the literature has led to the conclusion that policymaking is in need of some additions and improvements. Thus, the paper provides policy-making implications for practitioners from both an organizational standpoint, as well as a governmental one. Originality: The originality of this thesis is that it conducts a systematic summary and analysis of accessible field knowledge in order to provide a comprehensive overview of permission marketing antecedents, which was priorly lacking in the domain. Through the lenses of a systematic literature review, the outcomes of the thesis provide guidance as to the unique value proposition. To the best of the researcher's knowledge, this research is the only one that incorporates the method of systematic literature review within the domain and time frame of 15-01-2022 to 15-04-2022. Keywords: Permission Marketing, Privacy Concerns, Ethical Marketing, Trust, Transparency, Control, Consent, Personal Data Paper type: Systematic Literature review (SLR)

Essay I analyses a sample of corporate codes in the Swedish banking sector. The purpose is to investigate the codes’ ethical status. Are they consistent with the values of fairness or are they instead at a risk of harming the employees? With regard to employees, eight of the nine codes in the material were found to (a) focus one-sidedly on their duties and responsibilities, (b) lack statements regarding their value to the firm, while carefully stating the importance of several other stakeholders, (c) have an anonymous or authoritarian tone, (d) say little regarding the substantial reasons why certain behaviour is forbidden or expected; some of the codes also (e) contained problematic freedom restrictions. The empirical investigation of code content and design leads us to the normative issue of whether such a design can be unfair and risks harming the employees. Departing from the values of equality, reciprocity, care and respect, eight of the nine codes are found to be at risk of being in conflict with these values. The socially responsible firm, which avoids risking employees’ welfare and self-respect, must consider rewriting such corporate codes. Essay II seeks to provide a richer moral assessment of the transactions, offers and working conditions in the labour market. Some of the most influential accounts have focused on either the act of consent (Nozick), the background conditions (Peter) or the quality of the offers (Olsaretti). I argue that all these aspects are ethically relevant and necessary to make agreements morally justified. This leads me to the conclusion that (a) unreasonable offers remain ethically flawed regardless of employees’ consent and adequate background conditions; (b) the mere act of consent is, nonetheless, ethically valuable; (c) there exist different kinds of demands, affected differently by whether they are properly consented to. Then, in a well-ordered liberal democracy (which constitute the necessary background conditions), to ascertain whether a firm’s offers and working conditions are morally sound, we need to know both their quality (how reasonable they are) and whether they have been properly consented to. A firm ends up with three moral responsibilities: (i) not to exploit the workers’ disadvantaged position in the labour market, which requires that they are offered only reasonable proposals, (ii) to inform employees in the contract situation of all the relevant aspects and working conditions associated with the job, thereby enabling proper consent, and (iii) once the worker is employed, to only implement working conditions of the kind that are possible to justify and consistent with treating the employees as persons. / <p>QC 20131010</p>

The purpose of this study is to examine what reasons internet users have for accepting, declining, or adjusting cookie settings. The study’s research question is: what reasons do Internet users have for accepting, declining, or adjusting cookie settings? To answer the research question, we constructed three research support questions: 1) how do internet users access the internet?, 2) What are internet users’ perspectives on privacy on the internet?, 3) How do internet users interact with cookie consent notices? The study’s theoretical framework consists of informed consent, contextual integrity, nudging, and political economy. We conducted semi-structured interviews in order to get a deeper understanding of the internet users’ experiences with cookie consent notices. We analyzed the material through thematic coding. Due to the Covid19 pandemic, all interviews were conducted through Zoom. The sample consisted of eight media and communication students at Karlstad University. There were four key findings: 1) The interviewees in our study accessed the internet primarily via applications on their smartphones. 2) There were mixed opinions about who has the greatest responsibility for private citizens’ privacy on the internet. Although many thought that the individual bears most of the responsibility, a majority thought there is a need for more governmental regulation regarding collecting and processing private data. 3) All interviewees thought cookie consent notices are an excellent tool for protecting one’s privacy, but none of them adjusted the cookie settings regularly when prompted by cookie consent notices. 4) The reasons why the interviewees accept cookies without adjusting cookie settings varied. Habits and annoyance were key factors.  The current climate where notice and choice is the de facto privacy measure for internet users is not sustainable. In conclusion, legislators and policymakers should focus on regulating how personal data is processed rather than pushing the responsibility of safeguarding personal data onto the users.

The European General Data Protection Regulation has changed how users interact with cookie notices online. The rules state that users consent must be given via a clear, affirmative act and easily withdrawable by the end-user. Dark patterns, a way of tricking a user into giving more consent than needed with the help of, for example,size of objects, text and button colour could be applied to these notices to trick the user into giving more consent than needed. The objective of the thesis study was to develop a scraper in Python which could analyze web pages automatically against a set of created measurable parameters. That means that first, measurable parameters needed to be defined for the scraper, and then, implemented in such a way that it automatically could find and analyze cookie notices. The scraper was implemented in Python with the help of the browser testing libraries called Splinter and Selenium. The results from the experiment showed that the size of the notices was mostly small, but some pages used up the whole page for the notice. The amount of pre-ticked boxes and the readability of the notices also showed usage of dark patterns. The conclusion that can be drawn from the result is that the GDPR and e-Privacydirective have affected the usage in most web pages, as they seem to use some types of dark patterns to trick the user into giving more consent than is needed to be able to use the web page, and with an improved scraper, the result could show even more / <p>Presentation har redan ägt rum på zoom </p>