Gehan Gunasekara

The Final Privacy Frontier? Regulating Trans-Border Data Flows

This article examines the threat to privacy posed by the transfer of personal information from one jurisdiction to another. Despite international trends towards greater protection of personal information signifi cant challenges to personal privacy arise in this context. These include the use of outsourcing by businesses, the encroachment of security laws and the potential ‘ spill-over ’ of technologies developed for combating terrorism into the private sector. Also signifi cant are technologies enabling the ‘ profi ling ’ of individuals and ‘ data mining ’ across borders. Against this backdrop the article considers existing jurisdictional responses towards regulating personal information fl ows across borders. It considers various actual or proposed solutions including ‘ safe-harbours ’ , contractual mechanisms and extra-territorial applications. The article concludes that many of the existing approaches to regulating trans-border information fl ows are to some extent defi cient and suggests the need for a new ‘ fourth generation ’ set of data protection protocols. In formulating the latter, analogies are drawn from other relevant areas of the law in order to furnish creative solutions to the problem. * Senior Lecturer in Commercial Law, University of Auckland. I am grateful to Alexandra Sims for her helpful comments on an earlier draft of this article. All errors are, of course, my own. g.gunasekara@ auckland.ac.nz at U iw eytet W aszaw ki B iboteka U iw ertecka on Jne 2, 2015 http://ijlirdjournals.org/ D ow nladed from THE “ FINAL ” PRIVACY FRONTIER? REGULATING TRANS-BORDER DATA FLOWS 148

Paddling in unison or just paddling? International trends in reforming information privacy law

The existing paradigms governing the management of personal data globally are under pressure from rapid technological and social change. This article examines recent proposals for modernizing information privacy law in the USA, the European Union, Australia and New Zealand. It finds significant areas of commonality and critically explores points of difference, notably innovations such as the de-coupling of previously linked privacy principles, dichotomies between consumer-facing companies and third parties and new rights such as the right to be forgotten and to erasure, the right to data portability, privacy by design and default and privacy impact assessment. The article argues that the proposals ought to draw on each other’s strengths.

Young people do care: Snowden's revelations have had an effect in New Zealand

This study investigates the attitudes towards and social impacts of Edward Snowdens revelations in New Zealand through a questionnaire survey and follow-up interviews with New Zealand youngsters as part of the worldwide cross-cultural analyses. The survey results showed striking contrasts with those in other countries reflecting New Zealands socio-cultural and political environment.

Ripples down under: New Zealand youngsters’ attitudes and conduct following Snowden

Purpose This study aims to test the attitudes towards and social consequences of Edward Snowden’s revelations in New Zealand, taking into account New Zealand’s socio-cultural and political environment especially as regards privacy and state surveillance. Design/methodology/approach A questionnaire survey of 66 university students and semi-structured follow-up interviews with 18 respondents were conducted, in addition to reviews of the literature on privacy and state surveillance in New Zealand. The outcomes of the survey were statistically analysed and qualitative analyses of the interview results were also performed. Findings Despite a lack of detailed knowledge concerning Snowden’s revelations and a relative lack of knowledge of domestic law enforcement agencies, as well as those devoted to protecting human rights and privacy, the revelations have had a noticeable effect on New Zealand youngsters’ attitudes towards privacy and state surveillance, mainly evidenced in their willingness to emulate Snowden’s actions and in their changed online behaviour, thereby demonstrating a chilling effect. Practical implications The study results suggest younger New Zealanders are aware of and concerned with their privacy and that the government should better publicise the existing mechanisms for protecting human rights and privacy as well as for whistle-blowing by individuals to give effect to the aspirations of younger citizens in particular. Social implications The results of this study, based on a questionnaire survey, indicates that state surveillance and other threats to privacy are issues of concern to younger New Zealanders and that better public education is needed as to the mechanisms that are available for citizens to protect their privacy and human rights. Originality/value This study is the first attempt to investigate the social impact of Snowden’s revelations on New Zealand youngsters’ attitudes toward privacy and state surveillance as part of cross-cultural analyses between eight countries.