L'avancement des communications sans-fil permet l'obtention de nouveaux services bases sur l'habileté des fournisseurs de services sans-fil à déterminer avec précision, et avec l'utilisation de technologies de pistage, la localisation et position géographiquement d'appareils sans-fil Cette habileté permet d'offrir aux utilisateurs de sans-fil de nouveaux services bases sur la localisation et la position géographique de leur appareil. Le développement des services basés sur la localisation des utilisateurs de sans-fil soulevé certains problèmes relatifs à la protection de la vie privée qui doivent être considérés. En effet, l'appareil sans-fil qui suit et enregistre les mouvements de I 'utilisateur permet un système qui enregistre et entrepose tous les mouvements et activités d'un tel utilisateur ou encore qui permet l'envoi de messages non anticipes à ce dernier. Pour ce motif et afin de protéger la vie privée des utilisateurs de sans-fil, une compagnie désirant développer ou déployer une technologie permettant d'offrir ce genre de services personnalisés devra analyser l'encadrement légal touchant la protection des données personnelles--lequel est dans certains cas vague et non approprié à ce nouveau contexte--ainsi que la position de l'industrie dans ce domaine, et ce, afin d'être en mesure de traduire cet encadrement en pratiques commerciales. Cette analyse permettra d'éclairer le fournisseur de ces services sur la façon d'établir son modèle d'affaires et sur le type de technologie à développer afin d'être en mesure de remédier aux nouveaux problèmes touchant la vie privée tout en offrant ces nouveaux services aux utilisateurs de sans-fil. / The proliferation of mobile communications is leading to new services based on the ability of service providers to determine, with increasing precision and through the use of location determination technologies, the geographic location of wireless devices and allow their users to receive services based on such location. The development of location-based services introduces new privacy risks for consumers that must be addressed. The portability of wireless devices coupled with their ability to pinpoint the location of wireless users and reveal it to others could produce a system where the everyday activities and movements of these users are tracked and recorded, and where wireless users receive unanticipated messages on their device. For this reason and in order to preserve the privacy of wireless users, a company looking to deploy a technology related to the providing of personalized location-based services ("LBS Provider") will have to analyze the privacy legal framework, coming either from legal sources--that may be in some case vague and not specific to this new context--or from the industry, and translate such framework into business practices. Such analysis may help in establishing what kind of business model and technology should be adopted and developed by LBS Providers in order to ensure the privacy of wireless users while providing this new type of service.

1 PROTECTION OF PRIVACY AND PERSONAL DATA IN EUROPEAN UNION LAW WITH REGARDS TO DATA RETENTION ABSTRACT The thesis deals with the issue of data retention, i.e. the issue of storing communications metadata by telecommunications service providers for the purpose of possible later access to this data by state authorities. The thesis focuses not only on the relevant EU legislation, but also on the related case law of the Court of Justice, which plays crucial role in determining the standard of protection offered by EU law. This analysis focuses on two main legal issues - the issue of scope of the EU legislation in this area and the issue of proportionality. With regards to the first issue, the author is of the opinion that the Court of Justice interprets the scope of the relevant EU legislation overly broadly. Author criticizes the fact that the Court of Justice applied secondary law adopted on the basis of Article 95 TEC on the issue of access to the retained data by the Member States authorities, including the authorities of Member States which are active in the field of national security. Regarding the issue of proportionality, author criticizes the fact that the Court of Justice perceives the blanket retention of communications metadata to be incompatible with EU law as such, no matter how strict the...

<p>  </p> <p>Transportation access is an important indicator of the quality of life and if it is inequitable, it will limit the work, leisure, and other essential opportunities for people and worsen the access for the disadvantaged groups. In the U.S., increased auto-dependency and the lack of other feasible alternative transportation modes exacerbate the negative impacts of this inequity, especially for the people without automobiles. The transportation equity in terms of the number of feasible transportation mode alternatives to serve a trip (i.e. mobility option equity) has not been extensively evaluated in the literature. Existing studies mainly analyzed the access to transportation infrastructures (e.g., bus stops, bike lanes, shared bike stations) based on the proximity at the zonal level. However, having access to a certain trip mode based on proximity does not necessarily add to the mobility option equity. First, mismatch may exist between the infrastructure and an individual’s travel demand. For example, if someone lives closely to a bus station but the bus route that can be accessed does not align with this person’s trip destination, they will not be able to use bus as a feasible mode for this trip. Second, existing accessibility-based studies often lack consideration of the trip feasibility (in terms of cost, quality, and safety) of using transportation infrastructures at the route level. For example, if a walking trip route is generated without considering the existence of sidewalks, the individual might have to walk on a unsafe busy road. In this case they will not be able to walk to satisfy their travel demand. Therefore, better transportation equity metrics concerning the feasibility of using transportation infrastructures to serve individuals’ travel demands are needed. </p> <p>To address this gap, this thesis defined the “travel-demand-relevant access” (mobility-need-relevant access) metric to evaluate transportation access in the context of individual travel demands and route-level infrastructure constraints and developed a framework to use GPS data to quantify the proposed metric for transportation equity analysis. Assessing which transportation modes are feasible alternatives to serve a trip, requires trip-level disaggregated travel demand data and detailed transportation infrastructure information. The recent development of information and communication technologies and open data efforts provide unprecedented opportunities for such trip-level analysis. With these developments it is now possible to evaluate the feasibility of a mode both the cost- and quality-based measures. The cost-based method estimates the monetary and time cost of using each mobility option and compares it with prominent trip mode (car) to examine “forced car use” concerning the travel demand. The quality-based method comprises accessibility and mobility-based performance measures to evaluate the feasibility of a certain trip mode regarding the ease of use and safety with relation to the infrastructure characteristics. The mobility options/alternatives deemed feasible with these two methods were used in the equity analysis, where the travel-demand-relevant access on the spatial and sociodemographic level was evaluated. </p> <p>The proposed framework was applied to the Indianapolis Metropolitan Planning Area (MPA) as a case study. The key insights of this study can be listed as (1) it is important to consider travel-demand-relevant access to evaluate transportation equity because we found that 40% of the trips that were identified as accessible by public transit are not feasible when travel-demand-relevant access is considered; (2) suburban areas on average have 12% less mobility options available compared with  the urban core which forces high car ownership in these areas; amd (3) people with non-college educational attainment, households with more crowded rooms, and larger families are the negatively impacted disadvantaged groups while census block groups with high composition of white middle-class suburban families have the lowest number of options (1.5 on average) available. </p> <p>The suburban populations with a low number of mobility options (with a vehicle) are not necessarily at a disadvantage in terms of mobility option equity, since suburban areas are by design made to be car dependent. However, the lower number of feasible mobility options in these areas possesses a risk for the future if the consequences are not evaluated carefully. In terms of urban migration, if out-migration from the urban core to suburban areas keeps increasing as the pandemic trend suggests, the forced car ownership in suburban areas could increase and create/worsen transport deserts. This increase in vehicle ownership contradicts equity and environmental goals regarding transportation. If we observe an increase in the suburban to urban core migration trend, it can force disadvantaged groups to move into suburban areas because of gentrification and increasing prices. These disadvantaged groups could suffer from the limited amount of mobility options in suburban areas, since their access to opportunities would decrease. </p>

When the data protection regulation was introduced in 2018, the aim was to create uniformprotection for privacy in personal data. Despite this, there is still a lack of trust among manyusers about how companies actually process their personal data. This highlights the need fornew methods and tools that can support companies to handle personal data in an ethical andresponsible manner. Based on a theoretical and relational framework for ethics of care, thisstudy developed a set of questions to emphasize ethical reflection in the development ofdata-driven services. Through a design exploratory perspective, the set of questions weredeveloped during iterations, and through two workshops as research methods. The workshopsessions were conducted with researchers from Sweden's research institute as well asrepresentatives from two pseudonymous companies that collaborate in collecting citizens'location data. The result showed that the question package fulfilled different functions ofpromoting care, and thus ethical reflection around the handling of personal data. Theparticipants were aware of the ethical challenges that exist when collecting users' locationdata, based on users' needs. The participants had the ability to illuminate these challengesthemselves, but did not know how to respond to the challenges in practice.

大法官在釋字第689號解釋中，首次在解釋文中引進美國法上的「合理隱私期待」概念，以作為人民是否受到憲法隱私權保障的判定標準。事實上，「合理隱私期待」的概念在我國法上並不令人感到陌生。例如，通訊保障及監察法第3條第2項即明確規定：「前項所稱之通訊，以有事實足認受監察人對其通訊內容有『隱私或秘密之合理期待』者為限」。 除了尾隨、全天候視覺監控等類似的古老方法，隨著科技的進步，諸如以衛星為基礎的汽車導航系統、以基地台為基礎的行動電話定位服務等低成本、高效率的定位科技，可以更輕易且嚴重地侵害我們的私生活及隱私。當定位科技成為我們每天生活的一部分時，如何在這樣的脈絡下正確地操作「合理隱私期待」概念，已成為一項重要的議題。 惟國內學術文獻對於如何正確地操作「合理隱私期待」，似乎欠缺全面性地研究。為了填補國內的空白，本文進行了美國及台灣案例法之深入比較分析，尤其是關於合理隱私期待及定位裝置的判決。本文指出了以往我國及美國法院判決的問題，以及邏輯矛盾之處。為了達到更加一致、正確的判決結果，本文認為，在操作合理隱私期望概念時，法院應著重於四個因素，其分別是：「資訊的性質」、「侵害的手段」、「侵害的場所」及「第三人原則」。 / In J.Y. Interpretation No. 689, the Constitutional Court , for the first time, employs the concept of “reasonable expectation of privacy”, originated from the United States, in order to determine whether an individual enjoys a constitutionally protected right to privacy. The concept, however, is not new to our legal system. For example, Paragraph 2, Article 3 of the Communication Protection and Surveillance Act provides: “The communications referred to in the preceding paragraph shall be limited to those for which there is an adequate showing of facts that a person subject to surveillance would have a reasonable expectation of privacy or confidentiality with respect to the content of the communications.” In addition to tailing, around the clock visual surveillance and similar old-fashioned methods, with the advance in technology, our private life and privacy could be more easily and greatly intruded by low-cost, high-efficiency location positioning technology, such as satellite-based car navigation system and cell sites-based cellphone positioning service. When location positioning technology becomes part of our everyday life, how to properly apply the concept of “reasonable expectation of privacy” in this context has also become an important issue. So far, there seems to lack a comprehensive study on the aforementioned issue in domestic academic literature. To fill the gap, this thesis conducts an in-depth comparative analysis of both U.S. and Taiwan case law, especially those involving reasonable expectation of privacy and location positioning devices. This thesis points out the problems and logical inconsistencies in past decisions in both jurisdictions. In order to reach a more consistent and appropriate result, this thesis argues that when applying the reasonable expectation of privacy test, courts should focus on four factors which are: “nature of information,” “measure of infringement,” “the place where the intrusion happens,” and “third party doctrine.”