An in-depth study of Advance Passenger Information and Passenger Name Record has never been accomplished prior to the events of September 11 th. It is of great importance to distinguish both of these concepts as they entail different legal consequence. API is to be understood as a data transmission that Border Control Authorities possess in advance in order to facilitate the movements of passengers. It is furthermore imperative that harmonization and inter-operability between States be achieved in order for this system to work. Although the obligations seem to appear for air carriers to be extraneous, the positive impact is greater than the downfalls. / Passenger Name Record access permits authorities to have additional data that could identify individuals requiring more questioning prior to border control clearance. This data does not cause in itself privacy issues other than perhaps the potential retention and manipulation of information that Border Control Authorities may acquire. In essence, bilateral agreements between governments should be sought in order to protect national legislation. / The common goal of the airline industry is to ensure safe and efficient air transport. API and PNR should be viewed as formalities that can facilitate border control clearance and prevent the entrance of potentially high-risk individuals.

Thesis (MPhil)--Stellenbosch University, 2003. / ENGLISH ABSTRACT: The Internet has become such an integral part of computer users' daily existence that it seems as if it has always been there. The Internet with its unique borders - or lack of borders - places an enormous burden on geographically based legal systems. Regulation, that has specifically been designed for the Internet, is a necessity because virtually every aspect of the law is challenged by the Internet and that many legal frameworks are inadequate to deal with the Internet. The other aspect which complicates the Internet even more, is that there is no specific organisation, business or government to whom the Internet belongs. Individuals and organisations have rights to the web pages that they own on the Internet, but there is no ownership of the Internet in its entirety. The development of the Internet in South Africa took place during a difficult time in the country's history. The apartheid era initially limited the growth of the Internet. Much of the existing legislation in South Africa has been partially adapted to accommodate the Internet, but the government could not envisage what the actual impact of the Internet would be and consequently they reacted when it came to the regulation of the Internet. In 2002 the Electronic Communication and Transaction Act 25 of2002 came into operation. In fact, the physical component of the Internet has already been regulated to a degree by the pure coincidence as a result of its physical presence. This is because the backbone of the Internet had not originally been created by the Internet, but by the telephone. There are a number of legislative Internet-organisations that are, among others, responsible for the technical standards of the Internet, dispute resolutions and in general what is important for the Internet community. Various international conventions regulate specific aspects of the Internet such as copyright, intellectual property rights, domain names, trademarks and cyber crime. The international conventions and agreements are an important step in the direction of standardised regulation. However, the lack of borders creates problems surrounding jurisdiction of the cyber space. / AFRIKAANSE OPSOMMING: Die Internet het al so deel van rekenaargebruikers se alledaagse bestaan geword dat dit soms wil voorkom asof dit maar nog altyd daar was. Die Internet met sy unieke grense - of sy gebrek aan grense - plaas 'n groot las op geografies gebaseerde regstelsels. Regulering wat spesifiek vir die Internet ontwerp is, is 'n noodsaaklikheid, aangesien byna elke aspek van die reg deur die Internet uitgedaag word en baie regsraamwerke onvoldoende is om die Internet te hanteer. Wat die regulering van die Internet verder kompliseer, is dat daar nie een spesifieke organisasie, onderneming of regering is aan wie die Internet behoort nie. Individue en organisasies het regte tot die webwerwe wat hulle op die Internet besit, maar daar is nie eienaarskap van die Internet in sy geheel nie. Die ontwikkeling van die Internet in Suid-Afirka het tydens 'n moeilike tydperk in die Suid- Afrikaanse geskiedenis plaasgevind. Die apartheidsera het die aanvanklike ontwikkeling en groei van die Internet in Suid-Afrika beperk. Verskeie bestaande Suid-Afrikaanse wetgewing is deels aangepas om die Internet te akkommodeer, maar die regering het nooit besef wat die werklike impak van die Internet sou wees nie en het gevolglik re-aktief te werk gegaan wanneer dit by die regulering van die Internet gekom het. In 2002 het Suid-Afrika se Elektroniese Kommunikasie en Transaksies Wet 25 van 2002 in werking getree. Die regulering van die fisieke komponente van die Internet is tot 'n mate as gevolg van sy fisieke teenwoordigheid deur blote toeval, gereguleer. Dit is omdat die ruggraat van die Internet nie oorspronklik vir die Internet geskep is nie, maar vir die telefoon. Daar bestaan verskeie wetgewende Internet-organisasies wat onder meer verantwoordelik is vir die tegniese standaarde van die Internet, dispuutresolusie en wat oor die algemeen aan die belange van die Internet-gemeenskap wil voldoen. Verskeie internasionale konvensies reguleer spesifieke aspekte van die Internet soos kopiereg, intellektuele eiendomsreg, domeinname en handelsmerke en kubermisdaad. Die internasionale konvensies en verdrae is 'n belangrike stap in die rigting van gestandaardiseerde regulering. Tog skep die grenslose omstandighede van die Internet probleme rondom jurisdiksie in die kuberruim.

Cloud Computing has advanced to the point where it may be considered an attractive proposition for an increasing number of South African organisations, yet the adoption of Cloud Computing in South Africa remains relatively low. Many organisations have been hesitant to adopt Cloud solutions owing to a variety of inhibiting factors and concerns that have created mistrust in Cloud Computing. One of the top concerns identified is security within the Cloud Computing environment. The approaching commencement of new data protection legislation in South Africa, known as the Protection of Personal Information Act (POPI), may provide an ideal opportunity to address the information security-related inhibiting factors and foster a trust relationship between potential Cloud users and Cloud providers. POPI applies to anyone who processes personal information and regulates how they must handle, store and secure that information. POPI is considered to be beneficial to Cloud providers as it gives them the opportunity to build trust with potential Cloud users through achieving compliance and providing assurance. The aim of this dissertation is, therefore, to develop a framework for Cloud Computing adoption that will assist in mitigating the information security-related factors inhibiting Cloud adoption by fostering a trust relationship through compliance with the POPI Act. It is believed that such a framework would be useful to South African Cloud providers and could ultimately assist in the promotion of Cloud adoption in South Africa.

No description available.

by Fung Cheuk-Hing, Wang Suk-Ching Anita. / Thesis (M.B.A.)--Chinese University of Hong Kong, 1998. / Includes bibliographical references (leaves 87-89). / ABSTRACT --- p.ii / TABLE OF CONTENTS --- p.iii / LIST OF TABLES --- p.vi / LIST OF ABBREVIATIONS --- p.vii / ACKNOWLEDGMENT --- p.viii / Chapter / Chapter I. --- INTRODUCTION --- p.1 / Chapter II. --- LITERATURE REVIEW --- p.4 / Privacy Protection Act --- p.4 / A Survey of Privacy in the Workplace --- p.5 / Chapter III. --- PERSONAL DATA (PRIVACY) ORDINANCE --- p.8 / Events that led to the Enactment of the Ordinance --- p.8 / An Overview of the Ordinance --- p.10 / Chapter IV. --- METHODOLOGY --- p.14 / Chapter V. --- RESULTS --- p.17 / Privacy Commissioner's Office (PCO) --- p.17 / The Hong Kong Institute of Human Resource Management (IHRM) --- p.23 / Bank A --- p.26 / Recruitment and Selection --- p.26 / References --- p.27 / Employee Records --- p.28 / Data Relating to Ex-employees --- p.28 / Training and Development --- p.29 / Compensation and Benefits --- p.30 / Data Storage and Security --- p.30 / Data Transfer and Transmission --- p.30 / Appraisal and Potential Assessment --- p.30 / Disciplinary Records --- p.31 / Exit Interview --- p.31 / Others --- p.32 / Bank B --- p.33 / Recruitment and Selection --- p.33 / References --- p.34 / Employee Records --- p.34 / Data Relating to Ex-employees --- p.35 / Training and Development --- p.35 / Compensation and Benefits --- p.35 / Data Storage and Security --- p.35 / Data Transfer and Transmission --- p.36 / Appraisal and Potential Assessment/Disciplinary Records --- p.36 / Exit Interview --- p.36 / Others --- p.36 / Bank C --- p.37 / Recruitment and Selection --- p.38 / References --- p.38 / Employee Records --- p.38 / Data Relating to Ex-employees --- p.39 / Training and Development --- p.39 / Compensation and Benefits --- p.39 / Data Storage and Security --- p.39 / Data Transfer and Transmission --- p.40 / Appraisal and Potential Assessment --- p.40 / Disciplinary Records --- p.40 / Exit Interview --- p.40 / Others --- p.41 / Chapter VI. --- ANALYSIS OF RESULTS --- p.43 / "Overview of Bank A, B and C's Interview Results" --- p.43 / Evaluation on Compliance Level --- p.45 / Recruitment and Selection --- p.46 / References --- p.47 / Employee Records --- p.48 / Data Relating to Ex-employees --- p.48 / Training and Development --- p.49 / Compensation and Benefits --- p.49 / Data Storage and Security --- p.50 / Data Transfer and Transmission --- p.50 / Appraisal and Potential Assessment/Disciplinary Records --- p.50 / Exit Interview --- p.50 / General --- p.50 / Dynamics Between the PCO and Human Resource Practitioners --- p.51 / Dynamics Between the PCO and IHRM --- p.53 / Dynamics Between IHRM and Human Resource Practitioners --- p.53 / Comparison with Linowes' Survey Results --- p.54 / Chapter VII. --- RECOMMENDATIONS --- p.56 / Privacy Commissioner's Office (PCO) --- p.56 / The Hong Kong Institute of Human Resource Management (IHRM) --- p.57 / "Bank A, B and C" --- p.57 / Chapter VIII. --- LIMITATIONS --- p.59 / IX. CONCLUSIONS --- p.60 / APPENDIX --- p.62 / BIBLIOGRAPHY --- p.87

A research report submitted to the Faculty of Arts, University of the Witwatersrand, Johannesburg, in partial fulfilment of the requirements for the degree of Master of Arts, Johannesburg, 2017 / This research investigates real names, pseudonyms, and anonymity online. From its small beginning as a research tool, the internet has grown radically and been increasingly incorporated into people’s daily lives. Simultaneously, as the internet has grown and changed, so have its uses, and perceptions of the naming practices used on it. Attitudes towards acceptable name use online have changed over time. Social networking sites have had a strong influence on name usage policies. This research examines how these attitudes have changed, and the implications of real names, pseudonyms and anonymity for behaviour on the internet and privacy. The radically disembodied nature of online communication lends itself to disinhibition, which in turn has resulted in online communications’ reputation for trolls and abusers. Contrary to the common assumption that the use of real names offline indicates the legitimacy of using real names online, online and offline communications are radically different. Online communications have very different considerations regarding privacy, identity theft, the digital footprint, and collapsed context, many of which are not present in offline communications. This paper examines naming policies and site structure through two case studies. The first case focuses on News24 and the Daily Maverick, both of which are South African news sites. Due to the need for rational and polite discourse, these implemented real name policies in order to enforce good behaviour amongst their users. In both cases, the real name policies failed. The second case study is that of 4chan, the American image board site. 4chan does not require any login process, and its users are typically anonymous. Despite being notorious for trolls, illegal content, and its image board /b/, the site’s architecture, along with the way that posts are created and then kept alive, mean that the site can be effective at moderating the kinds of content that it deems appropriate for each of its boards. Despite the contrasting nature and purposes of the news sites and 4chan, there are lessons to be learnt from the failure of real name policies, and the architecture and set up of sites which can be used to enforce particular behaviours. Furthermore, despite the ephemeral and shifting nature of 4chan, identity and a sense of belonging remain important to its users, hinting at the importance of a sense of identity to site members and the role of this identity in ensuring that users adhere to the norms. / XL2018

This thesis addresses the question of how data protection law should respond to the challenges arising from the ever-increasing prevalence of big data. The investigation is conducted with the case study of online behavioural advertising (OBA) and within the EU data protection legal framework, especially the General Data Protection Regulation (GDPR). It is argued that data protection law should respond to the big data challenges by leveraging the regulatory options that are either already in place in the current legal regime or potentially available to policymakers. With the highly complex, powerful and opaque OBA network, in both technical and economic terms, the use of big data may pose fundamental threats to certain individualistic, collective or societal values. Despite a limited number of economic benefits such as free access to online services and the growth of the digital market, the latent risks of OBA call for an effective regulatory regime on big data. While the EU's GDPR represents the latest and most comprehensive legal framework regulating the use of personal data, it has still fallen short on certain important aspects. The regulatory model characterised by individualised consent and the necessity test remains insufficient in fully protecting data subjects as autonomous persons, consumers and citizens in the context of OBA. There is thus a pressing need for policymakers to review their regulatory toolbox in the light of the potential threats. On the one hand, it is necessary to reconsider the possibilities to blacklist or whitelist certain data uses with mechanisms that are either in place in the legal framework or can be introduced additionally. On the other hand, it is also necessary to realise the full range of policy options that can be adopted to assist individuals in making informed decisions in the age of big data.

This thesis examines the balance between copyright owners and users by studying the nature of the rights and exceptions related to transmission of copyrighted works over the internet, focusing on three different jurisdictions: Australia, Japan and the United States.The choice of Japan and the United States is based on consideration of the following elements: 1. Both countries possess advanced information technology; 2. Both countries too the lead in legislating for copyright protection in the digital environment; 3. Both countries have different legal systems. In the matter of statutory reaction of transmission of works over the internet, there is no uniform solution around the world as the divergent laws in the three chosen countries demonstrate.

No description available.

Digitisation had a profound impact on the creation, reproduction, and dissemination of works protected by copyright. Works in digital format are vulnerable to infringement, and technological protection measures are accordingly applied as protection. Technological protection measures can, however, easily be circumvented, and additional legal protection against circumvention was needed. Article 11 of the WIPO Copyright Treaty (the WCT) obliges Member States to provide adequate legal protection against the circumvention of technological measures applied to works protected by copyright. Contracting parties must refine the provisions of Article 11 and provide for exceptions on the prohibition. Article 11 does not specify whether it pertains to only certain types of technological measures, nor does it prohibit the trafficking in circumvention devices. The United States implemented the provisions of Article 11 of the WCT through the Digital Millennium Copyright Act of 1998 (the DMCA). Section 1201 of the DMCA prohibits the circumvention of technological measures. It is detailed and relates to two categories of technological measures - access control and copy control. It prohibits not only the act of circumvention, but also the trafficking in circumvention devices. Article 6 of the EC Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society of 2001 implements Article 11 of the WCT. Article 6 seeks to protect Aeffective technological measures@. It prohibits both the act of circumvention and circumvention devices. Although Article 11 of the WCT is silent on the issue of access control, it seems as if the international trend is to provide legal protection to access controls, thus indirectly creating a right to control access. South Africa has not yet implemented Article 11 of the WCT. The South African Copyright Act of 1979 does not protect technological protection measures. The Electronic Communications and Transactions Act of 2002 (the ECT Act) provides protection against the circumvention of technological protection measures applied to digital data. The definition of Adata@ is such that it could include protected works. If applied to protected works, the anti-circumvention provisions of the ECT Act would be detrimental to user privileges. As developing country, it seems to be in South Africa's best interest to the implement the provisions of Article 11 in such a manner that it still allows users access to and legitimate use of works protected by copyright. / Jurisprudence / LL.D.