5. DISCUSSION AND CONCLUSIONS
Privacy issues facing developed societies today are made complex because of differing ideologies and policy amongst countries (e.g. the United States and the European Union), the rapid deployment of networked commerce and technology evolution in general. In this context, privacy issues from a technological perspective are complex due to Directive 95/46/EC of the European Parliament and the Council of 24 October 1995. This legislation, hereinafter referred to as the Directive , describes the protection of individuals regarding the processing and free movement of their personal data. Many of the provisions of the Directive have the potential to become global, de facto standards for e-business. In this paper we investigate the potential for applying DigitalRightsManagement (DRM) technology for Privacy RightsManagement (PRM). We define PRM as the management of personal information according to the requirements of the Directive. Regarding drivers for PRM, we do not consider present DRM risks to privacy in an explicit sense, but rather the potential of adapting DRM architectures to manage aspects of the Directive’s requirements for handling personal data during the course of network- based activities. We develop this approach as a framework for a broader integration of privacy services, and to uncover pertinent research issues towards the development of new, privacy management architectures.
Nora Cuppens-Boulahia (firstname.lastname@example.org) ∗
Abstract: In the past years, DigitalRightsManagement (DRM) has been used in order to
control media’s resources usage, for instance for the consumers. Several proposals have been made in order to define what kind of controls one could apply and how to apply them. It has also been proposed more recently to use DRM mechanisms in the enterprises (EDRM), not to control media’s resources usage but to protect the enterprise resources. However, current studies about EDRM do not take into account an important aspect of the enterprises security information: the environment.
4.1 XML Languages for Access Control and DigitalRights
Most of the mechanisms of access control implemented in content management systems are based on XML languages dedicated to the description of policies of access control and digitalrightsmanagement (DRM). These systems exploit the metadata associated with resources to which access must be controlled and these metadata comply with the XML schemas of these dedicated languages. Among these languages, the most famous are XrML 4 (Right eXtensible Markup Language) used as the basic language of expression rights of MPEG-21 5 , ODRL 6 (Open Digital Right Language) implemented by the Open Mobile Alliance (OMA) and XACML 7 (Extensible Access Control Markup Language) developed by OASIS. The ODRL model is based on the concepts of Asset, Party, Permission, Constraint, Require- ment, Condition, Rights holder, Context, Offer, Agreement and Revoking rights. The XACML model allows to represent access control policies by rules. It is based on the concepts of Rule, Policy and Policy Set and these concepts can be refined with those of Subject, Resource, Action, Environment. A Rule comprises Conditions and Effects and a Policy embeds Rules and Obligations.
9. Security Measures are taken to assure secure processing of personal data.
2.2. Privacy rightsmanagement (PRM)
In order to meet the privacy requirements shown in Table 1, Korba and Kenny proposed a privacy rightsmanagement system by adapting a digitalrightsmanagement system. Within the EU context, there are 4 entities for PRM: Personal Data, Data Subject, Data Controller, and Data Processor. Personal Data is the Information that can be linked with a data subject. Some data may be more sensitive than others. The Data Subject is the owner of the personal data. The Data Processor is an organization or individual that processes personal data according to the policies agreed upon with the data subjects. The Data Controller acts as the enforcer of usage requirements for personal data. It manages the collection, storage, and processing of personal data from the data subject. Figure 1 depicts a simplified version of this privacy rightsmanagement system.
The new constitution adopted in 2009, on the contrary, introduced important modifications. It contains almost 100 new articles (between article 13 and 107) that grant constitutional status to various civil, social, political, and cultural rights. As regards political rights in particular, the Constitution particularly insists upon the right of equal participation between men and women and the right of citizens to participate, exercise, and control political power directly or through their representatives. The principle of self-government called 'communitarian democracy' was also introduced. It enables indigenous peoples’ and communities to organise their own representative entities following their own modalities. These processes, however, do not replace electoral processes that are governed by electoral legislation (art. 26). The Constitution also put an end to the historical monopoly of political parties in political representation in Bolivia as social movements and indigenous peoples and communities are put on an equal footing as political parties (art. 209).
Residency is the central concept that defines access to electoral rights by Belgian citizens living on the national territory. Until 1988, Article 61 of the Constitution (formerly known as Article 47) provided that electoral rights were reserved to citizens who had been domiciled in the same municipality during the six- month period preceding the closing of the electoral register. In 1988, legislators found themselves obliged to remove this requirement following political turbulence in a Flemish village close to the Walloon city of Liège. There, French-speaking citizens demanded the right to participate in the national elections in a Walloon electoral district and not in the Flemish electoral district to which this municipality belonged. From then on, the concept of residency has been solely defined by the Electoral Code, which considers residency as being registered with the population registry of any Belgian municipality (Article 1). Following the terms of the 1991 Law on Population Registries and Identity Cards, every Belgian citizen must register with the population register of the municipality where s/he primarily resides 8 . This implies de facto that
38 See T-10/92, Cimenteries CBR and Others v Commission 1992 ECR II-2667, §38: “The procedure for access to the file in competition cases is intended to allow the addressees of an SO to examine evidence in the Commission' s files so that they are in a position effectively to express their views on the conclusions reached by the Commission in its SO on the basis of that evidence. Access to the file is thus one of the procedural guarantees intended to protect the rights of the defence and to ensure, in particular, that the right to be heard provided for in Article 19(1) and (2) of Regulation No 17 and Article 2 of Regulation No 99/63 can be exercised effectively. It follows that the right of access to the file compiled by the Commission is justified by the need to ensure that the undertakings in question are able properly to defend themselves against the objections made against them in the SO.”
the tenets of the faith, but an individual operating a B&B would not be able to discriminate against a same-sex couple in the renting of a room, even if such a rental would offend his sincerely held religious beliefs. The former falls clearly within an area of activity that is at the heart of religious practice, while the latter is more attenuated. Similarly, a newspaper might be able to refuse to print material advocating for or against racial preferences in hiring on the grounds that doing so would conflict with its own editorial position, but it would not be entitled to reject advertising simply based on the prospective client’s race. The former case involves the potential for forced speech violating a publisher’s right to free expression, while the latter has little, if anything, to do with legitimate debate. Put more simply, where traditional common law property and contract rights conflict with dignity rights, courts have almost uniformly subordinated these economic interests unless the exercise of the economic right is itself an expression of a Charter right. Consequently, property rights trump other rights only where they are themselves closely connected to the core of a dignity right. In that case, the economic activity becomes a proxy for the underlying dignity right. Where, however, the property or contract right is largely divorced from the exercise of any protected Charter right, it is almost always subordinated to the conflicting dignity right. As a result, it is only where there is a clash between dignity rights that the courts must engage in a true balancing test.
2. Institutional Framework and data
2.1. The security offering process in France
A seasoned equity offering has to be approved at a general shareholders’ meeting (AG). French law grants shareholders the right to purchase new shares (rights issues), but the general shareholders’ meeting may waive this pre-emptive right. Approval for an issue may be given for a maximum amount to be raised within five years (rights), three years (without rights) or 26 months (when the type of security and flotation method is not specified). In France, unlike in the U.S., the most common flotation method is a rights issue in which short-lived warrants (rights) are issued to current shareholders on a pro-rata basis. Once a rights issue has been approved, the board of directors (CA) sets within the authorized period and amount, all the issue characteristics (offer price, offer size, underwriting agreement). Subsequently, the issuer has the obligation to file with the AMF an issuance note describing all those characteristics as well as shareholder takeup intentions and the use of the proceeds (if known). Usually, the issue is announced (AD) in the press few days prior to or at the AMF filing date.
Next, Delgado et al. present their work “Towards a Metamodel supporting E-government Collaborative Business Processes Management within a Service- based Interoperability Platform” concerning the definition of a model-driven approach that is focused on the formalization and exploitation of e-government knowledge and information (i.e., metamodels and ontologies) to improve the definition, automated generation, control, monitoring and improvement of e- government collaborative BPs. An e-government metamodel is proposed and integrated into an existing core collaborative metamodel that is defined to support
In December 2005, a public survey by the French IFOP institute revealed that two thirds of the population think that those who publish software allowing free downloading of music and videos from internet should be held responsible for the violation of author’s rights. At the same time, industry and artists lobbied in favour of a reinforcement of their rights, while the government strongly defended the protection of cultural diversity and artistic creation in France 5 .
The problem is fundamentally one of a real lack of coordination between researcher and local farmer. Adopting modern agricultural tools is not possible for local farmers mainly because of illiteracy. Farmers need less academic feedback than what they are currently receiving from agricultural research institutes. Consequently a demand and supply chain management system is to be developed for effective market promotion of agri-entrepreneur products with the participation of the farmers' association, trade union, agriculture dealers, credit providing institutes/organizations, and the market committee. This is a model for institutionalization of agriculture knowledge management system within the sphere of social entrepreneurship with a multidimensional impact on society.
However, some theories suggest an opposite relationship. Acquisitions are associated with a potential loss of control. A stock payment implies a dilution of the largest owner’s voting power and the emergence of an outside blockholder if the target is not a widely held company. There is also an indirect dilution threat for cash-financed deals: the funding of a cash takeover through debt increases bankruptcy risk and thus the probability of future equity issuances aimed at refinancing this debt. Additionally, Martynova and Renneboog (2009) point out the fact that transactions classified as all cash-offers in fact often imply equity financing. Accessing such an equity financing may be especially difficult for a firm whose controlling shareholder hold voting rights in excess of her cash flow rights: investors anticipating future expropriation can be reluctant to buy company’s newly issued shares. An important private benefit that is derived from the control of a corporation is the ability to allot significant management positions or board seats to friends (nepotism). This issue is especially relevant for family controlled firms. By selecting the CEO from the small pool of family heirs, the firm might have a top executive who lacks managerial talent. Consistent with this view, Pérez-González (2006) and Bennedsen et al. (2007) find evidence of lower
Effective advocacy takes months and years, not just a single intervention. While resources are limited and there are many battles to fight, the CHA should continue to condemn homophobic legislation everywhere and make its important point that such laws and practices falsify human sexual experience and crimp and distort scholarship. It should link its advocacy to other progressive campaigns around the Olympics and major games. It is instructive that the City of Vancouver is continuing its advocacy with the organizers of the 2016 Olympics in Rio, the 2018 Winter Olympics in Pyeongchang and the 2020 Olympic in Tokyo, as well as the IOC. It’s a crucial time for international sport. The IOC is currently in deep crisis. The costs of major games have risen to such a point that very few liberal democratic countries are still interested in hosting them—in the last few years, Stockholm, Munich, Krakow and Davos all withdrew from bidding for the 2022 Winter Olympics after negative referenda. The new president, Thomas Bach, has launched a year of discussion to address the challenges, including the contradictions between the Olympic Movement’s commitment to human rights, inclusive education and truthful scholarship, the financial interests of the oligarchs who control so much of international sport and the practicalities of hosting games. As the voice of Canadian historians, the CHA should continue to weigh in. Bruce Kidd teaches sports history at the University of Toronto.
III. THE S PARROW CASE
The next (and perhaps most important) piece of the puzzle was added by the decision of the Supreme Court of Canada in R. v. Sparrow (1990). 13 In that case, a member of the Musqueam Indian Band was charged with the offence of fishing with a drift net that was longer than allowed by regulations made under the federal Fish- eries Act. The Supreme Court of Canada decided that the defend- ant was exercising an aboriginal right to fish. Did that protect the defendant from the charge? That question required the Court for the first time to address those troubling words in section 35 that seemed to withhold full constitutional protection from aboriginal and treaty rights. Those rights, it will be recalled, were not guaran- teed, but merely “recognized and affirmed.” The Court held that this phrase should be interpreted according to the principle that treaties and statutes relating to Indians should be liberally con- strued and doubtful expressions resolved in favour of the Indians. The phrase should be read as incorporating the fiduciary obliga- tion that government owes to the aboriginal peoples. From these two premises, the Court concluded that the phrase should be inter- preted as a constitutional guarantee of aboriginal and treaty rights. As a constitutional guarantee, the phrase had the effect of nullify- ing legislation that purported to abridge the aboriginal and treaty rights that were recognized and affirmed by section 35.
What I mean by this is that the idea of universal HRs is not “about what there is but about the world we reasonably ought to want to live in 24 ”. I will be the first to admit that there is a lot of problems
concerning the idea of universal HRs, especially given the history of Western colonialism and its crusades to civilize the barbaric peoples – one cannot deny that atrocities have been committed to civilize the World. So we must approach that characteristic – universality – with a healthy dose of skepticism. Again at the level of implementation, a minimalist account of HRs might be more easily accepted by people of different cultural and ethical backgrounds. An argument for minimalism here would be that we have a lot more chance to find a common denominator for HRs if they are not too demanding. Having said that, I do not think that we need (or ought) to prune down the list of human rights to make it more acceptable.
14. This expression refers to States each lowering their labor standards in order to gain an advantage over competing States that will also do the same, until labor rights receive no protection at all. Economists believe that «a race all the way to the bottom is unlikely to occur in fairly competitive markets even if countries are large enough to affect one another.» D.K. Brown, «International Trade and Core Labor Standards : A Survey of Recent Literature» (January 2001) Tufts University, online : <http://www.cid.harvard.edu/cidtrade/ issues/laborpaper.html> (date accessed : 5 March 2003) at 33 [hereinafter Brown #1]. For such studies, see : R. A. Lawrence, Single World Divided Nations? International Trade and
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