No description available.

In order to market and sell a new pharmaceutical drug in Canada, the Minister of Health requires the initial applicant to submit clinical test results demonstrating that the drug is safe and effective for human use. Subsequent applicants, who typically lack the resources to conduct expensive clinical trials, must refer to and rely upon the initial applicant's data in their applications to market a generic version of the drug. / On June 17, 2006, the federal government of Canada published a proposed data protection regulation, which would provide an initial applicant with eight years of protection for clinical test results submitted in a new drug submission. This protection would lead to an eight year period of market exclusivity for the drug associated with the clinical test data, regardless of whether that drug was protected by a Canadian patent. / In this thesis, the author first describes what data protection is on a practical level, and distinguishes data protection from other forms of intellectual property rights. Next, the author discusses how various jurisdictions choose to protect clinical test data submitted to their health authorities. Canada's international obligations pursuant to the NAFTA and the TRIPS Agreement are also examined. In this regard, the author argues that Canada is under no obligation to provide initial applicants with eight years of data protection. Furthermore, the author argues that exclusive time-limited property rights in clinical test data are difficult to justify from a theoretical perspective. Finally, the author prescribes certain legislative changes to Canada's proposed data protection regulation.

No abstract available. / Thesis (Ph.D.)-University of KwaZulu-Natal, 2007

The dissertation explores the field of information policy in a historic setting in Sweden, namely the early 1970s. At the time the question of privacy in relation to databanks, data systems and personal records was intensively discussed in all public media, starting in the fall of 1970 when a large-scale population census was carried out in Sweden. The political discussions and public debate resulted in the first Swedish data protection law, Datalag (1973:289), and was counted as one of the first of this type of national legislation in the world. The focus of the empirical study lies in the analysis of the lines of arguments, political reasoning and debates concerning privacy, data protection, information and technology in documents such as official reports, committee reports, proposals and parliamentary records and publications that were produced in the policy process preceding the new legislation. The public debate itself is investigated through the editorials and reports in the daily press of the time. A combination of discourse analysis and agenda-setting theory, as it is presented and used by the political scientist John W Kingdon, constitutes the theoretical framework of the thesis. The study is introduced with a discussion concerning discourse and language use in politics, and here Norman Faircloughs CDA, Critical Discourse Analysis, has been the main inspiration. Kingdon’s agendasetting model contributes with an interesting theoretical perspective on the social and political context of the discourses under study. The research questions also draw upon library and information science and theoretical work within the area of information policy, with issues concerning notions of information and technology, for example information as a public good versus private good in the market, and information as a free or restricted/protected resource. The main findings of the study imply that the political discussion and debate on databanks and privacy were heavily influenced by a public-oriented discourse focusing mainly on governmental authorities’ own use of information systems holding personal data. The new legislation, datalag (1973:289) could also be seen as a tool that sanctions governmental authorities’ extensive use and dependence on new data technologies and automatic data-processing in building up the welfare state and the growing public sector. The discourse was also based on a mixed notion of the new technology, perceiving data technology mainly as the “big machine” which contains a vast amount of personal information. This, at a time when the technology itself was transforming rapidly from bulky machines to personal computers. The practical effects of this discourse could be seen, for example, in the serious underestimation of the overall use of automatic data-processing in society as a whole, the use of which the legislation was set to regulate. When it comes to agenda-setting the public debate together with the activities of different actors in parliament had a major influence on the outcome of the work of the commission of inquiry that was set up. The public debate affected how the problem area of databanks and privacy was considered, but the commission formulated the actual legislation independently, without interference or adjustments by the social democratic government. / <p>Akademisk avhandling som med tillstånd av samhällsvetenskapliga fakulteten vid Göteborgs universitet för vinnande av doktorsexamen framläggs till offentlig granskning kl. 13.15 fredagen den</p><p>11 september 2009 i hörsalen C204, Högskolan i Borås, Allégatan 1 Institutionen Biblioteks- och Informationsvetenskap/Bibliotekshögskolan, Högskolan i Borås och Göteborgs universitet</p>

No description available.

The researcher attempts to assess in which respect the privacy of former President Kgalema Motlanthe may have been invaded during his presidency, in view of journalistic ethics and press codes currently in effect. The study will explore media practices based on media freedom at the time of publication, and assess whether this freedom is understood to suggest the infringement of the right to privacy in the coverage of the private lives of politicians in the media. This study will therefore examine a sample of articles from the Sunday Times, City Press and Mail and Guardian, covering former President Kgalema Motlanthe’s public behaviour that related to his private life, assess which aspects of his demeanour became the subject of media coverage, and correlate such reporting trends with fluctuations in his political career. The researcher will focus on the period when Kgalema Motlanthe was at the helm as the Head of State – from October 2008 to April 2009, and consider particularly the trends in the sampled press reports regarding his private life. The study furthermore examines some of the legislative and normative changes that affected the media in South Africa after democratisation, to correlate the trends observed in the press coverage with legislation. This further serves to identify possible gray areas that arise from reporting on the freedom of the press and may lead to the invasion of privacy.

published_or_final_version / Public Administration / Master / Master of Public Administration

This study1 addresses the key information technology issues of the age and its unintended consequences. The issues include social control by businesses, governments, and information age Star Chambers. The study focuses on a comparative analysis of data protection, data security, and information privacy (DPSIP) laws, regulations, and practices in five countries. The countries include Australia, Canada, South Africa, the United Kingdom, and the United States. The study addresses relevant international legal standards and justifications. This multidisciplinary analysis includes a systems thinking approach from a legal, business, governmental, policy, political theory, psychosocial, and psychological perspective. The study implements a comparative law and sociolegal research strategy. Historic, linguistic, and statistical strategies are applied. The study concludes with a next step proposal, based on the research, for the international community, the five countries in the study, and specifically, South Africa as it has yet to enact a sound DPSIP approach. / LL.D. (Laws)

This study1 addresses the key information technology issues of the age and its unintended consequences. The issues include social control by businesses, governments, and information age Star Chambers. The study focuses on a comparative analysis of data protection, data security, and information privacy (DPSIP) laws, regulations, and practices in five countries. The countries include Australia, Canada, South Africa, the United Kingdom, and the United States. The study addresses relevant international legal standards and justifications. This multidisciplinary analysis includes a systems thinking approach from a legal, business, governmental, policy, political theory, psychosocial, and psychological perspective. The study implements a comparative law and sociolegal research strategy. Historic, linguistic, and statistical strategies are applied. The study concludes with a next step proposal, based on the research, for the international community, the five countries in the study, and specifically, South Africa as it has yet to enact a sound DPSIP approach. / LL. D.

The purpose of this thesis is to elucidate what online profiling is, what happens with users' or customers' personal data during this process, how these activities interfere with the individuals' right to privacy, what the legal regulation in this field is, whether the privacy interests of individuals are sufficiently protected and if not, how the situation might be improved. The thesis starts with description of todays' business practices that are based on collecting data about customers, analyzing it and creating profiles suggesting the most profitable behaviour of businesses towards customers. It is followed by explanation of the technological tools enabling data collection and the method of data mining that is the key enabler of creating profiles. The text continues with description of risks of profiling in relation to privacy, i.e. the issues of discrimination, de-individualisation, restriction of individual autonomy, information asymmetries and possible misuse of profiles. The notion of right to privacy is explained and other interests that have to be balanced with privacy are mentioned as well. After that follows a critical description of the current legal framework in the European Union. It consists of Data Protection Directive, ePrivacy Directive and since 2018 of the General Data...