DESTINI BANGSAKU (LEGAL DISCOURSE)

1.0               Tun Mahathir dalam sajak beliau ‘Perjuangan yang Belum Selesai’ antara lain   berkata : “......perjuangan mengisi kemerdekaan itu rupanya lebih sukar dan mencabar....   .......dan esok tidak semestinya menjanjikan syurga......’ 2.0               Lebih kurang macam tulah. 3.0               Sebelum kita hendak berjuang demi agama, bangsa dan negara, kita kenalah dulu cinta, kagum dan sayang kepada diri kita sendiri. 4.0               Bila kita pandang diri kita di cermin, kita mesti boleh kata ‘aku hebat’, ‘aku hansom’, ‘aku bijak’, ‘aku bintang’. 5.0               Kalau kita sendiri tak rasa kita hebat, kita bijak, kita hansom atau kit...

1.0               Many commentators who view the Internet as a democratic paradise for the free play of ideas vehemently oppose attempts to apply conventional modes of regulation to the Internet. 2.0               Others contend that the law of cyberspace should evolve slowly through careful application of common law principles, with particular attention paid to the aspects of cyberspace that make Internet transactions unique. 3.0               Still others believe that the task of applying existing law to the Internet is straightforward. 4.0               Notwithstanding the intense academic debate, as a practical manner, the sheer size of the Internet – whether measured by its explosively expanding user base, economic signific...

1.0               Compliance with data protection and privacy law is at its core about a company being able to justify its use of personal data, controlling the use of that data, and updating and discarding the data when required. 2.0               Above all, the key is to take, and be seen to be taking, privacy and data compliance seriously. 3.0               If management can achieve that objective, then the company should be able to maneuver through the data protection legal minefield unscathed . [1]   4.0               It is important to understand that, whatever data concerning the E-Customers is collected and however it is used, the laws governing data protection must be considered. 5.0      ...

1.0                An example of the complexity   in the transborder data flows is in the airlines industry. European airlines faced the dilemma of which of these options to choose because of a conflict between the US Aviation and Transportation Security Act of 2001 and the EU Directive. 2.0                The conflict left the European airlines entering the US without recourse. The EU and the US have reached an agreement over this conflict, but that does not mean the underlying issues are finally resolved . [1] 3.0                An example is the case of European Parliament v European Council (2006) [2] . 4.0                  Following the terrorist attacks of 11 September 2001, the United States...

1.0                The European Union’s Member States will no longer be able to restrain the free movement between them of E-Customers’ personal data on the grounds relating to the protection of the rights and freedoms of individuals. [1]   2.0                It also introduced regulations that made transfer of such data to countries outside the EU dependent on ‘adequate level of protection’ there. [2]   3.0                In other words, while facilitating trade within the EU, the Directive could become a serious obstacle to E-Commerce with countries outside EU, if their level of protection was judged to be inadequate . [3] 4.0                This provision is intended to protect the E-Customers lo...

1.0               The DPA 1998 sets out a clear framework on how those dealing with data may treat personal data. 2.0                 The Act allows the data subject, to assert greater control over how his personal information is gathered, used, housed and shared by providing for a number of rights and remedies which are easily applicable. In addition to actively promoting security and privacy of information in general, the Information Commissioner is the supervisory authority of the DPA 1998 and the Freedom of Information Act, 2000 . [1] 3.0               The drafters in producing the Eight Principles in Schedule 2 to the DPA 1998, reproduced the obligations in Article 6, Article 8 (sensitive personal data), Article 10 and 11 (information to data subjects), Article 12 to Article 15 (rig...

1.0          The United Kingdom legislation governing data protection is the Data protection Act, 1998, (‘DPA 1998’) which flows directly from the EU Directive. 2.0         The DPA 1998 came into effect in March 2000. This Act implements into the domestic law of the UK the EU Directive. 3.0          Having the same standards of data protection across the EU means that personal information may travel freely between the EU Member States. 4.0         The DPA 1998 replaces the Data Protection Act, 1984, and represents a major progression in the law with regard to how personal information or personal data may be treated . [1] 5.0          The DPA 1998 seeks to strike a balance between the rights of individuals and the competing interests of those with legitimate reasons for using personal information....

  SELAMAT HARI RAYA MAAF ZAHIR & BATIN 

 1.0               The EU Directive covers all sectors of EU Member States economics and grants strong protection to data containing individuals’ personal information. E-Customers are given the right to sue over alleged breaches, and member states have an obligation to form government privacy agencies that will enforce the law and educate the public on privacy . 2.0                 Since October 1998, the European member States have been enacting national privacy statutes to comply with the EU Directive . [1] 3.0               Dissatisfied with the mere implementation of the Directive in the member states, the EU issued Regulation 45/2001 in 2000, creating the European Data Protection Supervisor who is an independent supervisory authority [2] , for the monitoring [3] of applications of ...