Monday, February 19, 2007

Draft questions - suggestions?

1. 'Privacy is not a right in itself. Attempts by the European Court of Human Rights to apply it to data protection cases risk undermining the economic lifeblood of the Internet: marketing.' Discuss with respect to ECHR case law and economic analysis.
2. Under what circumstances can direct commercial electronic marketing be conducted legally in Europe? Illustrate your argument with reference to the 2002/58 Directive and case law, showing which legal issues have arisen from [1] cookies; [2] spyware; [3] email 'spam'.
3. Does the Data Protection Directive demonstrate a proportionate response to terrorism? Illustrate your answer with respect to ECHR caselaw, academic arguments and the evidence presented in the course of the passage of the Directive.
4. 'Europe is the de facto global lawmaker for data protection only where American companies overstep the mark egregiously.' Discuss with reference to the Microsoft .Net Passport service and the airline passenger data sharing agreement.
5. Is the work of Information Commissions more important in advising governments about new law, advising companies about compliance or enforcing individual complaints? Illustrate your answer with examples from current practice including the Schengen Information System.


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