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Privacy law in Denmark

Privacy law in Denmark is supervised and enforced by the independent agency Datatilsynet (The Danish Data Protection Agency) based mainly upon the Act on Processing of Personal Data.

History of Danish Privacy Law

Privacy law in Denmark was originally determined by 2 acts: the Private Registers Act of 1978, and the Public Authorities’ Registers Act of 1978, which governed the private sector and the public sector respectively. These 2 acts were replaced by the Act on Processing of Personal Data July 1, 2000, thereby implementing the European Union’s Data Protection Directive (1995/46/EC). The Danish constitution also mentions privacy, in the form of paragraph 72 that stipulates that the confiscation and examination of letters and other papers; as well the interception of postal-, telegraph- and telephone communication cannot be done without a judicial order.[1] September 28, 2006 The declaration of providers of electronic communication networks and electronic communication services registration and storage of information regarding teletraffic (Bekendtgørelse om udbydere af elektroniske kommunikationsnets og elektroniske kommunikationstjenesters registrering og opbevaring af oplysninger om teletrafik) was publicised, thereby implementing the European Union’s Data Retention Directive (2006/24/EC), on "the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC”.[2]

The Main Acts

In Danish privacy law, there are several acts that provides the basis for the collecting and storing private date. These are the Act on Processing of Personal Data and the Data Retention Executive Order.

Act on Processing of Personal Data

The Act on Processing of Personal Data is the main law regarding when and how personal data can be processed, in an electronic system, as well as manual handling of the data, when it is contained in a register. The act applies to all private companies, associations, organisations and to the public authorities. In the private sector, the law also applies to systematic processing of personal data, even if it does not happen electronically.[3] The act differentiates between 3 different kinds of personal data, as they have to be treated differently, depending on the sensitivity of the data:

  1. Sensitive information
  2. Information regarding other purely private conditions
  3. Ordinary non-sensitive information

The different kinds of personal data have different requirements for when they can be requested from a citizen, as to avoid that too much unnecessary sensitive data will be given to organisations that does not need them. The act also gives the citizens a series of rights, designed to help give more control of what information is being stored about him or her:

  1. Right to insight into the information, that is being handled about the citizen
  2. Right to be informed that information is being collected about the citizen
  3. Right to have incorrect information deleted or corrected
The Data Retention Executive Order

The Danish Surveillance law is the ratification of the European Union’s Directive 2006/24/EC, which requires all providers of communication like telephones and internet to log certain data regarding the communication through their systems.[4] §4 of the law require phone companies to log:

  1. The caller’s phone number (A-number) as well as the name and address of the subscriber or registered user
  2. The called phone number (B-number) as well as the name and address of the subscriber or registered user
  3. The redirected phone number (C-number) as well as the name and address of the subscriber or registered user
  4. The receipt for receiving a message
  5. The identity of the used communications equipment (IMSI- and IMEI-numbers)
  6. The cell or cells a mobile phone was connected to by the communications start and end, and the exact geographical or physical location of the used cell masts used during the time of the communication
  7. The exact time of the start and end of the communication
  8. The time of the first activation of anonymous services (Prepaid mobile phones)

§5 of the law require Internet Service Providers to log the following information about the initiating and the terminating packets:

  1. The senders IP-address
  2. The receivers IP-address
  3. The transport protocol used
  4. The senders port number
  5. The receivers port number
  6. The exact time of the start and end of the communication

§5 section 2 of the law require Providers of Internet access to end users to log the following information about user:

  1. The allocated user identity
  2. The user identity and the phone number that have been allocated communications, which is a part of a public communicationsnetwork
  3. The name and address of the subscriber or registered user, to whom an IP-address, a user identity or a phone number was allocated at the time of the communication
  4. The exact time of the start and end of the communication

The European Union’s Directive 2006/24/EC do not require the member counties to record and store all of these items,[5] but the Danish government decided to expand upon the European directive, to include collection of more data. This led to a drop in Denmark’s Privacy index of 0.5, from 2.5 to 2.0[6] [7]

The Data Protection Agency

The Data Protection Agency is the central independent authority that makes sure the Act on Processing of Personal Data is obeyed in Denmark. Amongst other things it provides counselling, advice, treat complaints and perform inspections of authorities and companies. It comprises The Data Council and a secretariat. Anyone can complain to The Data Protection Agency if they feel Act on Processing of Personal Data is not obeyed in Denmark, The Agency will then launch a formal investigation into the matter and if required, it can issue fines and/or injunctions. It is possible to appeal the decisions of The Agency to a Danish court of law

The Data Council

The Data Council is composed of a chairperson and six board members. Its main task is to evaluate and make rulings:

  1. Of a principal nature
  2. Of significant common interest or with significant consequences for a public authority or private company
  3. That due to special circumstances should be decided by the council
  4. That a council member wish to discuss during a council meeting

The current chairperson and 6 board members are:

  • Chairperson, High Court Judge Henrik Waaben
  1. Lawyer Janne Glæsel
  2. Professor, dr. jur. Peter Blume
  3. CEO of the Danish Consumer Council Rasmus Kjeldahl
  4. Manager of concern IT-Security Kim Aarenstrup
  5. City manager Niels Johannesen
  6. Chief physician Hans Henrik Storm
Important Cases
The Preben Randløv case

The goldsmith Preben Randløv was robbed February 8. 2008 where the robber not only got away with approximately 1.3 million DKR (€173.333) worth of jewelry, but also assaulted 2 employees, including Preben Randløv's wife. He then proceeded to upload a video from his shop surveillance camera of the masked robber, and issued a 25.000 DKR (€3.333) reward for any information that would lead to the arrest of the robber. The Data Protection Agency decided to initiate an administrative proceeding against Preben Randløv as he had not “asked the robber to consent” to the uploading of the video, and he was fined by 10.000 DKR (€1.333) by the police, as only the police have the authority to release videos of this nature. The video did lead to an arrest of 2 individuals who claimed they had bought the jewelry, but neither of them were convicted for the robbery. In October 2008, another one of Preben Randløv stores was robbed, and he told reporters during an interview, that he would upload a video of the new robbery as well.[8]

The Shell case

In March 2009 it was discovered a Shell petrol station had a wall with pictures of petrol thieves in the shop of the petrol station. The Data Protection Agency decided to prosecute them because it was not legal according to the Act on Processing of Personal Data.[9]

Privacy Problems in Denmark

According to Privacy International’s study: Leading surveillance societies in the EU and the World 2007, the main concerns in Denmark regarding privacy is the following:

  • Constitutional right to privacy depends on section 71 on personal liberty and section 72 on search and seizure
  • Comprehensive privacy law, and exempts security and defence services
  • Data privacy authority is appointed by the minister of justice, and the ministry is also responsible for the budget
  • Data privacy authority may enter any premise without a court order to investigate under the privacy law
  • Extensive interception of communications; and use of bugs on computers to monitor activity and keystrokes; and plans are in place to minimise notification
  • Police require list of all active mobile phones near the scene of a crime
  • DNA samples may be required from applicants for residency based on family ties
  • Implemented retention of communications data well before EU mandate, for one year
  • Police took the DNA of 300 youth protestors in 2007
  • Implementing air travel surveillance program
  • Parliament is over-keen to implement surveillance programs
  • Ratified Cybercrime convention

These issues have cause Denmark to receive a very low rating on their Privacy index, a 2.0 (Extensive surveillance societies) compared to a 2.5 in 2006 (Systemic failure to uphold safeguards). This places Denmark on a 34th place of the 45 included counties in the study (although United States and United Kingdom are placed on 40th and 43rd place respectively, with scores of 1.5 and 1.4)

Notes and references
External links
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Privacy law in Denmark

topic

Privacy law in Denmark is supervised and enforced by the independent agency Datatilsynet (The Danish Data Protection Agency) based mainly upon the Act on Processing of Personal Data. History of Danish Privacy Law Privacy law in Denmark was originally determined by 2 acts: the Private Registers Act of 1978, and the Public Authorities’ Registers Act of 1978, which governed the private sector and the public sector respectively. These 2 acts were replaced by the Act on Processing of Personal Data July 1, 2000, thereby implementing the European Union’s Data Protection Directive (1995/46/EC). The Danish constitution also mentions privacy, in the form of paragraph 72 that stipulates that the confiscation and examination of letters and other papers; as well the interception of postal-, telegraph- and telephone communication cannot be done without a judicial order. September 28, 2006 The declaration of providers of electronic communication networks and electronic communication services registration and storage of i ...more...



Right to privacy

topic

The right to privacy is an element of various legal traditions to restrain government and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. Since the global surveillance disclosures of 2013, initiated by ex-NSA employee Edward Snowden, the inalienable human right to privacy has been a subject of international debate. In combating worldwide terrorism, government agencies, such as the NSA, CIA, R&AW, and GCHQ have engaged in mass, global surveillance, perhaps undermining the right to privacy. There is now a question as to whether the right to privacy can co-exist with the current capabilities of intelligence agencies to access and analyse virtually every detail of an individual's life. A major question is whether or not the right to privacy needs to be forfeited as part of the social contract to bolster defense against supposed terrorist threats. Background State of consideration of constitutional laws and acts formed by sectors a ...more...



Law of Denmark

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Private law The Funktionærloven governs labour law concerning salaried employees. The Ferieloven governs vacation time for employees. The Købeloven governs consumer law . The Lejeloven governs landlord–tenant law . Privacy law in Denmark Public law The Straffeloven is the criminal code . The Planloven governs urban planning . The Serviceloven governs social programs . Abortion in Denmark Danish nationality law History The law of Denmark was originally based on regional laws, of which the most important was the Jyske Lov , or the Law of Jutland 1241. The Danske Lov , or the Danish Code of 1683, promoted unity. The law has been developed via judicial decisions and royal decrees. Roman law has not had much influence on the law of Denmark. See also Courts of Denmark Constitution of Denmark References Blume, Peter. In Winterton and Moys. Information Sources in Law . Second Edition. Bowker-Saur. 1997. Chapter Nine: Denmark. Pages 149 to 162. External links Guide to Law Online - Denmark from the Library of Congress ...more...



Privacy by design

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Privacy by Design is an approach to systems engineering which takes privacy into account throughout the whole engineering process. The concept is an example of value sensitive design, i.e., to take human values into account in a well-defined manner throughout the whole process and may have been derived from this. The concept originates in a joint report on “Privacy-enhancing technologies” by a joint team of the Information and Privacy Commissioner of Ontario, Canada, the Dutch Data Protection Authority and the Netherlands Organisation for Applied Scientific Research in 1995. Privacy by Design and by Default in European Law The EU GDPR defines Privacy by Design and by Default in Article 25. It also defines certification mechanisms in Article 42 that may be used as an element to demonstrate compliance. Foundational principles Privacy by Design is not about data protection but designing so data doesn't need protection. (This view is not supported by the EU General Data Protection Regulation - see above). Th ...more...



Privacy International

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Privacy International ( PI ) is a UK-based registered charity that defends and promotes the right to privacy across the world. First formed in 1990, registered as a non-profit company in 2002 and as a charity in 2012, PI is based in London , UK. Its current executive director, since 2012, is Dr Gus Hosein . Formation, background and objectives During 1990, in response to increasing awareness about the globalisation of surveillance , more than a hundred privacy experts and human rights organizations from forty countries took steps to form an international organization for the protection of privacy. Members of the new body, including computer professionals, academics , lawyers , journalists , jurists and activists , had a common interest in promoting an international understanding of the importance of privacy and data protection . Meetings of the group, which took the name Privacy International (PI), were held throughout that year in North America , Europe , Asia , and the South Pacific , and members agreed to ...more...



Telephone recording laws

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Telephone recording laws are laws that govern the civilian recording of telephone conversations by the participants. Recording of private conversations by government or law enforcement (wiretapping) are usually covered by distinct laws. Telephone tapping is strictly regulated in many countries, especially in all developed democracies, to safeguard the privacy of telephone users. Telephone tapping often must be authorized by a court, and is normally only approved when evidence shows it is not possible to detect criminal or subversive activity in less intrusive ways; often the law and regulations require that the crime investigated must be at least of a certain severity. In many jurisdictions however, permission for telephone tapping is easily obtained on a routine basis without further investigation by the court or other entity granting such permission. Illegal or unauthorized telephone tapping is often a criminal offense. However, in certain jurisdictions such as Germany, criminal courts may accept illegally ...more...



Privacy-enhancing technologies

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Privacy-Enhancing Technologies (PET) is the standardized term that refers to specific methods that act in accordance with the laws of data protection - PETs' allow online users to protect the privacy of their personally identifiable information (PII) provided to and handled by services or applications. Privacy-enhancing technologies can also be defined as: (van Blarkom, Borking & Olk 2003) Goals of PETs The objective of PETs is to protect personal data and ensure the users of technology that their information is confidential and management of data protection is a priority to the organizations who withhold responsibility for any PII - allowing users to take one or more of the following actions related to their personal data sent to and used by, online service providers, merchants or other users. The goal of privacy-enhancing technologies include increasing control over personal data sent to, and used by, online service providers and merchants (or other online users)(self-determination). PETs aim to ...more...



Freedom of information laws by country

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Freedom of Information laws (FOI laws) allow access by the general public to data held by national governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws (in the United States), governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but these are usually unused if specific support legislation does not exist. Introduction Over 100 countries around the world have implemented some form of freedom of information legislation. Sweden's Freedom of the Press Act of 1766 is the oldest in the world. Most freedom of information laws ...more...



IT-Political Association of Denmark

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The IT-Political Association (Danish: IT-Politisk Forening, commonly known as IT-Pol) is a Danish non-profit NGO, which works to collect information on IT and convey this to politicians and the society to get the best possible grounds for legislation. The association is independent of political parties and communicates with politicians from all political parties. Membership is open to anyone. IT-Pol is the Danish equivalent of the Electronic Frontier Foundation . The Free Software privacy CD, Polippix , was started by and is still maintained by IT-Political Association. Issues IT-Pol is primarily concerned with issues that restricts citizens and innovation. Members of IT-Pol in the European Parliament Censorship Denmark is one of the countries in which most ISPs filters DNS traffic by default. IT-Pol regards this policy as censorship , as the filter filters content that is legal to view in Denmark. Privacy The Danish surveillance law, Overvågningsloven (in Danish) was actively fought by IT-Pol. IT-Pol deve ...more...



Nothing to hide argument

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The nothing to hide argument states that government surveillance programs do not threaten privacy unless they uncover illegal activities, and that if they do uncover illegal activities, the person committing these activities does not have the right to keep them private. Hence, a person who favors this argument may state "I've got nothing to hide" and therefore does not express opposition to government surveillance. An individual using this argument may say that a person should not have worries about government or surveillance if he/she has "nothing to hide." The motto "If you've got nothing to hide, you've got nothing to fear" has been used in the closed-circuit television program practiced in the United Kingdom. Prevalence This argument is commonly used in discussions regarding privacy. Geoffrey Stone, a legal scholar, said that the use of the argument is "all-too-common". Bruce Schneier, a data security expert and cryptographer, described it as the "most common retort against privacy advocates." Colin ...more...



Freedom of information in Canada

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Freedom of information in Canada describes the capacity for the Canadian Government to provide timely and accurate access to internal data concerning government services. Each province and territory in Canada has its own access to freedom of information legislation. History By 1982, twelve countries, including France, Denmark, Finland, Sweden, the Netherlands, and the U.S. (1966), had enacted modern ATI legislation. Canada's Access to Information Act came into force in 1983, under the Pierre Trudeau government. In 1987, the Solicitor General tabled a unanimous report to Parliament, Open and Shut: Enhancing the Right to Know and the Right to Privacy which contained over 100 recommendations for amending the ATI and privacy acts. In 1998, the government would append a clause to the Access Act, making it a federal offence to destroy, falsify, or conceal public documents. In August 2000, the Ministry of Justice and the president of the Treasury Board launched a task force to review the Access Act. The commit ...more...



Ixquick

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Ixquick (styled " ixquick ") is a metasearch engine based in Zeist and New York , which highlights privacy as its distinguishing feature. Founded by David Bodnick in 1998, Ixquick is owned by Surfboard Holding BV of the Netherlands, which acquired the internet company in 2000. Ixquick and its sibling project Startpage.com reached their latest record (28-day average) daily direct queries of 5.7 million on 2 February 2015. The company also provides the stand-alone proxy service, Ixquick Proxy, which has also been incorporated into both its Ixquick and Startpage search engines, allowing users the option to open all search results via proxy. The company developed a privacy protecting email service, called StartMail. This service was released to the public in 2014. History Ixquick was re-launched on March 23, 2005, with new features including a redesigned metasearch algorithm, an international phone, and lowest-price directory. On June 27, 2006, following criticism of Google Shopping , Ixquick.com began to dele ...more...



Alexandra of Denmark

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Alexandra of Denmark (Alexandra Caroline Marie Charlotte Louise Julia; 1 December 1844 – 20 November 1925) was Queen of the United Kingdom and the British Dominions and Empress of India as the wife of King Edward VII. Her family had been relatively obscure until 1852, when her father, Prince Christian of Schleswig-Holstein-Sonderburg-Glücksburg, was chosen with the consent of the great powers to succeed his distant cousin, Frederick VII, to the Danish throne. At the age of sixteen, she was chosen as the future wife of Albert Edward, Prince of Wales, the heir apparent of Queen Victoria. They married eighteen months later in 1863, the same year her father became king of Denmark as Christian IX and her brother was appointed to the vacant Greek throne as George I. She was Princess of Wales from 1863 to 1901, the longest anyone has ever held that title, and became generally popular; her style of dress and bearing were copied by fashion-conscious women. Largely excluded from wielding any political power, she uns ...more...



Inger Hansen

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Inger Hansen (11 May 1929 — 28 September 2013) was the first Privacy Commissioner of Canada from 1977 to 1983 and Information Commissioner of Canada from 1983 to 1990. Hansen was also the first ombudswoman for Kingston Penitentiary in 1973 and became a Commander of the Order of the Dannebrog in 2000. Early life and education Hansen was born on 11 May 1929 in Copenhagen, Denmark. In 1960, she graduated from the University of British Columbia with a Bachelor of Law. Hansen completed further education with a public administration degree at Queen's University in 1990. Career Hansen worked for a publishing house in Denmark before moving to Canada in 1950. Once in Canada, Hansen held multiple jobs before beginning her law studies in 1956. After graduating in 1960, Hansen began her law career. After working in British Columbia as a criminal defense lawyer, Hansen worked for the Solicitor General of Canada in 1969. While in Ontario, Hansen became the ombudswoman of Kingston Penitentiary after the position was ...more...



Personality rights

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The right of publicity , often called personality rights , is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one's identity . It is generally considered a property right as opposed to a personal right, and as such, the validity of the right of publicity can survive the death of the individual (to varying degrees depending on the jurisdiction). Classification Personality rights are generally considered to consist of two types of rights: the right of publicity, or to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar to the use of a trademark ; and the right to privacy , or the right to be left alone and not have one's personality represented publicly without permission. In common law jurisdictions, publicity rights fall into the realm of the tort of passing off . United States jurisprudence has substantially extended this right. A commonly cited justificat ...more...



Google Street View privacy concerns

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Privacy advocates have objected to the Google Street View feature, pointing to photographs that show people leaving strip clubs, protesters at an abortion clinic, sunbathers in bikinis, cottagers at public parks, people picking up prostitutes and people engaging in activities visible from public property which they do not wish to be photographed and have published online. Google maintains that the photos were taken from public property. However, this does not take into account that the Street View cameras take pictures from an elevated position, enabling them to look over hedges and walls designed to prevent some areas from being open to public view. Before launching the service, Google removed photos of domestic violence shelters, and it allows users to flag inappropriate or sensitive imagery for Google to review and remove. When the service was first launched, the process for requesting that an image be removed was not trivial. Google changed its policy to make removal more straightforward, but has since r ...more...



Esther Manheimer

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Esther E. Manheimer is an American politician and attorney. Elected in 2013, she is the current mayor of Asheville, North Carolina. Manheimer previously served on the Asheville City Council from 2009 to 2013. She is a member of the Democratic Party. Personal life Born in Denmark to American citizens, Manheimer's family returned to the United States when she was three and lived in cities in Washington, California, and Maryland before moving to Asheville, North Carolina when she was 17. After graduating from the University of Colorado at Boulder, she returned to North Carolina and attended the University of North Carolina at Chapel Hill earning degrees in law and a Masters of Public Administration. She returned to Asheville in 2002 with her husband, Mark Harris. Manheimer ran for Asheville City Council in 2009. She is also Jewish and served as campus director of the American Movement for Israel while attending University of Colorado Boulder. She also has three sons. Mayor of Asheville In March 2016, Manhei ...more...



Nude beach

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Vintage image of German sunbathers. A nude beach, sometimes called a clothing-optional or free beach, is a beach where users are legally at liberty to be nude. Nude beaches usually have mixed bathing. Such beaches are usually on public lands, and any member of the public is entitled to use the facilities without membership in any movement or subscription to any personal belief. The use of the beach facilities is normally anonymous. Unlike a naturist resort or facility, there is normally no membership or vetting requirement for the use of a nude beach. The use of nude beach facilities is usually casual, not requiring pre-booking. Nude beaches may be official (legally sanctioned), unofficial (tolerated by residents and law enforcement), or illegal. However, nude beaches are relatively few and are usually at some distance from cities, and access is at times more difficult than at a regular beach and the facilities at these beaches tend to be very basic with a few notable exceptions. Nude bathing is one of ...more...



Law enforcement in Greenland

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Law enforcement in Greenland, a constituent country of the Kingdom of Denmark, is provided by a branch of the Rigspolitiet, the Danish national police service. Since 2006, Greenland has constituted one of the 12 police districts of the Rigspolitiet, headed by a commissioner based in Nuuk, the capital of Greenland. Levels of crime Greenland is thought to be a relatively safe place. "Single women traveling in Greenland don't generally encounter any special worries." (Lonely Planet) Greenland's main problems in crime are generally linked to drinking or drug use, which has led to outlawing of alcohol in some towns and villages (Lonely Planet). Some bars like the "disreputable Hotel Tupilak disco produces plenty of broken glass." Other issues such as domestic violence and solvent abuse also plague Greenland. Most large towns of populations upwards of 1,000 and some smaller ones have a police presence with a contact number to keep on good relations with locals and tourists. Prison system The Greenlandic prison ...more...



Karin Riis-Jørgensen

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Karin Riis-Jørgensen (born 7 November 1952 in Odense) is a Danish politician and Member of the European Parliament with the Venstre, a Vice-Chairwoman of the Alliance of Liberals and Democrats for Europe and sits on the European Parliament's Committee on Economic and Monetary Affairs. She is the Chairwoman of the European Privacy Association, co-founded with Pat Cox in 2009. She is a substitute for the Committee on the Internal Market and Consumer Protection, a member of the Delegation for relations with the People's Republic of China and a substitute for the Delegation for relations with the United States. Education 1978: Degree in law Career 1979-1989: Lawyer with the Danish Federation of Small and Medium-sized Enterprises (Copenhagen and Brussels 1989-1994: Head of department at Coopers & Lybrand since 1994: part-time employment with Price Waterhouse Coopers since 1994: Member of the Executive of Venstre, Denmark's Liberal Party since 2002: Member of the bureau of Venstre's parliamentary gro ...more...



Binding corporate rules

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Binding Corporate Rules or "BCRs" were developed by the European Union Article 29 Working Party to allow multinational corporations, international organizations, and groups of companies to make intra-organizational transfers of personal data across borders in compliance with EU Data Protection Law. The BCRs were developed as an alternative to the U.S. Department of Commerce EU Safe Harbor (which is for US organizations only) and the EU Model Contract Clauses. BCRs are required to be approved by the data protection authority in each EU Member State (such as the Information Commissioner's Office in the United Kingdom, CNIL in France, AEPD in Spain, etc.) in which the organization will rely on the BCRs. The EU has developed a mutual recognition process under which BCRs approved by one member state's data protection authority (known as the "lead" authority) and two other "co-lead" authorities, may be approved by the other relevant member states who may make comments and ask for amendments. Other members states, ...more...



Secret ballot

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Luis Guillermo Solís, President of Costa Rica, votes behind a privacy screen The secret ballot is a voting method in which a voter's choices in an election or a referendum is anonymous, forestalling attempts to influence the voter by intimidation, blackmailing, and potential vote buying. The system is one means of achieving the goal of political privacy. Secret ballots are used in conjunction with various voting systems. The most basic form of secret ballot utilizes blank pieces of paper, upon which each voter writes his or her choice. Without revealing the votes to anyone, the voter would fold the ballot paper and place it in a sealed box, which is emptied later for counting. An aspect of secret voting is the provision of a voting booth to enable the voter to write on the ballot paper without others being able to see what is being written. Today, printed ballot papers are usually provided, with the names of the candidates or questions and respective check boxes. Provisions are made at the polling pla ...more...



Data retention

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Data retention defines the policies of persistent data and records management for meeting legal and business data archival requirements; although sometimes interchangeable, not to be confused with the Data Protection Act 1998. The different data retention policies weigh legal and privacy concerns against economics and need-to-know concerns to determine the retention time, archival rules, data formats, and the permissible means of storage, access, and encryption. In the field of telecommunications, data retention generally refers to the storage of call detail records (CDRs) of telephony and internet traffic and transaction data (IPDRs) by governments and commercial organisations. In the case of government data retention, the data that is stored is usually of telephone calls made and received, emails sent and received, and websites visited. Location data is also collected. The primary objective in government data retention is traffic analysis and mass surveillance. By analysing the retained data, government ...more...



Duty to rescue

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A duty to rescue is a concept in tort law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party in peril. In common law systems, it is rarely formalized in statutes which would bring the penalty of law down upon those who fail to rescue. This does not necessarily obviate a moral duty to rescue: though law is binding and carries government-authorized sanctions, there are also separate ethical arguments for a duty to rescue that may prevail even where law does not punish failure to rescue. Common law system In the common law of most English-speaking countries, there is no general duty to come to the rescue of another. Generally, a person cannot be held liable for doing nothing while another person is in peril. However, such a duty may arise in two situations: A duty to rescue arises where a person creates a hazardous situation. If another person then falls into peril because of this hazardous situation, the creator ...more...



Pirate Parties International

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   Elected in EU Parliament    Elected nationally    Elected locally    Registered for elections    Registered in some states    Unregistered but active    Status unknown    Ordinary members    Observer members in some states    Resigned    Removed due to dissolution or disbanding Pirate Parties International ( PPI ) is a not-for-profit international non-governmental organisation with its headquarters in Brussels , Belgium . Formed in 2010, it serves as a worldwide organization for Pirate Parties , currently representing members from 42 countries. The Pirate Parties are political incarnations of the freedom of expression movement, trying to achieve their goals by the means of the established political system rather than through activism. Aims The PPI statutes give its purposes as: to help establish, to support and promote, and to maintain communication and co-operation between pirate parties around the world. The PPI advocate on the international level for the promotion of the goals its Members share such a ...more...



Internet of things

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Drawing representing the Internet of things (IoT). The Internet of things ( IoT ) is the network of physical devices, vehicles, home appliances and other items embedded with electronics , software , sensors , actuators , and network connectivity which enables these objects to connect and exchange data . Each thing is uniquely identifiable through its embedded computing system but is able to inter-operate within the existing Internet infrastructure. Experts estimate that the IoT will consist of about 30 billion objects by 2020. It is also estimated that the global market value of IoT will reach $7.1 trillion by 2020. The IoT allows objects to be sensed or controlled remotely across existing network infrastructure, creating opportunities for more direct integration of the physical world into computer-based systems, and resulting in improved efficiency, accuracy and economic benefit in addition to reduced human intervention. When IoT is augmented with sensors and actuators, the technology becomes an ins ...more...



Abortion in the United States by state

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Abortion in the United States is legal, via the landmark case of Roe v. Wade . Specifically, abortion is legal in all U.S. states, and every state has at least one abortion clinic. However, individual states can regulate/limit the use of abortion or create "trigger laws", which would make abortion illegal within the first and second trimesters if Roe were overturned by the US Supreme Court. Currently, 6 states have trigger laws and 3 other states have laws intending to criminalize abortion. Current legal status nationwide Abortion laws in the U.S. prior to Roe.    Illegal    Legal in case of rape    Legal in case of danger to woman's health    Legal in case of danger to woman's health, rape or incest, or likely damaged fetus    Legal on request Parental notification and consent laws in the U.S.    Parental notification or consent not required    One parent must be informed beforehand    Both parents must be informed beforehand    One parent must consent beforehand    Both parents must consent beforehand     ...more...



Media ethics

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Media ethics is the subdivision of applied ethics dealing with the specific ethical principles and standards of media , including broadcast media , film , theatre , the arts , print media and the internet. The field covers many varied and highly controversial topics, ranging from war journalism to Benetton ad campaigns. Areas of media ethics Media ethics: Issues of moral principles and values as applied to the conduct, roles, and *content of the mass media, in particular journalism ethics and standards and marketing ethics ; also the field of study concerned with this topic. In relation to news coverage it includes issues such as impartiality , objectivity , balance , bias , privacy, and the public interest . More generally, it also includes stereotyping , taste and decency, obscenity , freedom of speech , advertising practices such as product placement , and legal issues such as defamation . On an institutional level it includes debates over media ownership and control, commercialization , accountability, th ...more...



Index of Denmark-related articles

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This is an index of Denmark-related articles and topics related to the Kingdom of Denmark. A Animals (fauna) Archaeology of Denmark Architecture of Denmark B Banks and banking C Cinema of Denmark Censorship in Denmark Coat of arms of Denmark Companies of Denmark Cuisine of Denmark Crime in Denmark Culture of Denmark Currency of Denmark Cycling in Denmark D Defense and military Danish and Norwegian alphabet Danish cuisine Danish language Danish literature Danish modern (vintage style of minimalist wood furniture) Danish passport Date and time notation in Denmark Demographics of Denmark E Economy of Denmark Education in Denmark Elections in Denmark ELM Denmark Energy in Denmark F Filemaker Center Flag of Denmark Freemasonry in Denmark G Geography of Denmark Geology of Denmark Governance of Denmark H History of Denmark Hospitals in Denmark Human trafficking in Denmark I Internet in Denmark J K K ...more...



Mass surveillance

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Mass surveillance is the intricate surveillance of an entire or a substantial fraction of a population in order to monitor that group of citizens. The surveillance is often carried out by governments or governmental organisations, such as organizations like the NSA and the FBI, but may also be carried out by corporations (either on behalf of governments or at their own initiative). Depending on each nation's laws and judicial systems, the legality of and the permission required to engage in mass surveillance varies. It is often distinguished from targeted surveillance. Mass surveillance has often been cited as necessary to fight terrorism, to prevent social unrest, to protect national security, to fight child pornography and protect children and to control the population. Conversely, mass surveillance has equally often been criticized for violating privacy rights, limiting civil and political rights and freedoms, and being illegal under some legal or constitutional systems. Another criticism is that increas ...more...



Convention for the protection of individuals with regard to automatic processing of personal data

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The Convention for the protection of individuals with regard to automatic processing of personal data is a 1981 Council of Europe treaty that protects the right to privacy of individuals, taking account of the increasing flow across frontiers of personal data undergoing automatic processing. All members of the Council of Europe have ratified the treaty. Mauritius, Senegal and Uruguay, non–Council of Europe states, have acceded to the treaty. See also Directive 95/46/EC on the protection of personal data Data privacy Data Privacy Day External links Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Council of Europe) Ratifications. The Convention for the protection of individuals with regard to automatic processing of personal data is a 1981 Council of Europe treaty that protects the right to privacy of individuals, taking account of the increasing flow across frontiers of personal data undergoing automatic processing. All members of the Council of E ...more...



Electronic health record

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Sample view of an electronic health record An electronic health record (EHR), or electronic medical record (EMR), is the systematized collection of patient and population electronically-stored health information in a digital format. These records can be shared across different health care settings. Records are shared through network-connected, enterprise-wide information systems or other information networks and exchanges. EHRs may include a range of data, including demographics, medical history, medication and allergies, immunization status, laboratory test results, radiology images, vital signs, personal statistics like age and weight, and billing information. EHR systems are designed to store data accurately and to capture the state of a patient across time. It eliminates the need to track down a patient's previous paper medical records and assists in ensuring data is accurate and legible. It can reduce risk of data replication as there is only one modifiable file, which means the file is more likel ...more...



Unmasking by U.S. intelligence agencies

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Unmasking by U.S. intelligence agencies typically occurs after the United States conducts eavesdropping or other intelligence gathering aimed at foreigners or foreign agents, and the name of a U.S. citizen or entity is incidentally collected. Intelligence reports are then disseminated within the U.S. government, with such names masked to protect those U.S. citizens from invasion of privacy. The names can subsequently be unmasked upon request by authorized U.S. government officials under certain circumstances. Jargon When an intelligence agency spies on foreign citizens or agents, and information about innocent domestic citizens is uncovered even though they are not targets of investigation, that is called "incidental collection". If the intelligence agency is operating in a manner designed to protect privacy rights, then it normally addresses incidental collection by using a process called "minimization" which includes replacing names of innocent domestic citizens with designations like "U.S. Person One," ...more...



National data protection authority

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National data protection authorities are authorities tasked with information privacy. In the European Union and the EFTA member countries their status was formalized by the Data Protection Directive and they were involved in the Madrid Resolution. List of national data protection authorities Andorra: The Data Protection Agency of Andorra (Catalan: Agència Andorrana de Protecció de Dades (APDA)) Australia: the Office of the Australian Information Commissioner Austria: Austrian Data Protection Authority (German: Datenschutzbehörde) Belgium: Commission for the protection of privacy (Dutch: Commissie voor de bescherming van de persoonlijke levenssfeer (CBPL), French: Commission de la protection de la vie privée (CPVP)), also known as CPP Bulgaria: Bulgarian data protection authority (Bulgarian: Комисия за защита на личните данни) Bailiwick of Guernsey: The Data Protection Office Croatia: Croatian Personal Data Protection Agency (Croatian: Agencija za zaštitu osobnih podataka (AZOP)) Cyprus: Office of th ...more...



United States v. Vuitch

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United States v. Vuitch, 402 U.S. 62 (1971), was a United States Supreme Court abortion rights case, which held that the District of Columbia's abortion law banning the practice except when necessary for the health or life of the woman was not unconstitutionally vague. Background Milan Vuitch, an abortion provider in the District of Columbia, had several times come under suit for providing abortion services that the government deemed not necessary for the life or health of the woman, in accordance with the DC law. Vuitch challenged the law as being unconstitutionally vague with regard to the term "health." Federal District Judge Gerhard A. Gesell agreed, dismissing Vuitch's indictment and ruling that the law failed to give the sufficient certainty required by due process of law in criminal matters. Gesell's finding was the first federal court decision declaring an abortion law unconstitutional. Decision There were two questions before the court: 1. Whether they had jurisdiction to decide the case, and ...more...



Pornography

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"XXX" is used to designate pornographic material. Pornography (often abbreviated porn) is the portrayal of sexual subject matter for the exclusive purpose of sexual arousal. Pornography may be presented in a variety of media, including books, magazines, postcards, photographs, sculpture, drawing, painting, animation, sound recording, phone calls, writing, film, video, and video games. The term applies to the depiction of the act rather than the act itself, and so does not include live exhibitions like sex shows and striptease. The primary subjects of present-day pornographic depictions are pornographic models, who pose for still photographs, and pornographic actors or porn stars, who perform in pornographic films. If dramatic skills are not involved, a performer in a porn film may also be called a model. Various groups within society have considered depictions of a sexual nature immoral, addictive, and noxious, labeling them pornographic, and attempting to have them suppressed under obscenity and othe ...more...



Internet censorship and surveillance by country

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Internet censorship and surveillance by country (2014)    Pervasive    Substantial    Selective    Changing situation    Little or none    Unclassified / No data This list of Internet censorship and surveillance by country provides information on the types and levels of Internet censorship and surveillance that is occurring in countries around the world. Classifications Detailed country by country information on Internet censorship and surveillance is provided in the Freedom on the Net reports from Freedom House , by the OpenNet Initiative , by Reporters Without Borders , and in the Country Reports on Human Rights Practices from the U.S. State Department Bureau of Democracy, Human Rights, and Labor . The ratings produced by several of these organizations are summarized below as well as in the Censorship by country article. Freedom on the Net reports Freedom House has produced five editions of its report Freedom on the Net. The first in 2009 surveyed 15 countries, the second in 2011 surveyed 37 countries, th ...more...



Digital rights

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The term digital rights describes the human rights that allow individuals to access, use, create, and publish digital media or to access and use computers, other electronic devices, or communications networks. The term is particularly related to the protection and realization of existing rights, such as the right to privacy or freedom of expression, in the context of new digital technologies, especially the Internet. Right to Internet access is recognized as a right by the laws of several countries. Human rights and the Internet A number of human rights have been identified as relevant with regard to the Internet. These include freedom of expression, data protection and privacy and freedom of association. Furthermore, the right to education and multilingualism, consumer rights, and capacity building in the context of the right to development have also been identified. The Internet is a global public good that should be accessible to all and respectful of the rights of others, said an influential Jesuit ...more...



Xenon (program)

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Xenon is software to perform covert Internet searches and surveillance, presently in use by taxing authorities in at least six nations to investigate the possibilities of tax evasion by various revenue producing web sites (online shops, gambling sites, or pornography sites) and clients selling goods on on-line auction sites. The software uses time-controlled web spiders to avoid detection, and likely countermeasures, by the webmasters of the targeted site. Its use may be legal; but citizen's right to privacy and other civil liberties are implicated. History Use of Xenon was begun in the Netherlands in 2004, by the Dutch tax authority Belastingdienst. The Amsterdam-based data mining firm Sentient Machine Research, together with the tax authorities of Austria, Canada, Denmark, and the United Kingdom, has since upgraded the system. Sweden's tax authority began using Xenon in 2007. Civil liberties Swedish privacy advocate and IT expert Par Strom, while stating in 2007 that the anticipated use of Xenon by the ...more...



Classified information

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A typical classified document. Page 13 of a U.S. National Security Agency report on the USS Liberty incident, partially declassified and released to the public in July 2004. The original overall classification of the page, "top secret", and the Special Intelligence code word "umbra", are shown at top and bottom. The classification of individual paragraphs and reference titles is shown in parentheses—there are six different levels on this page alone. Notations with leader lines at top and bottom cite statutory authority for not declassifying certain sections. Classified information is material that a government body claims is sensitive information that requires protection of confidentiality, integrity, or availability. Access is restricted by law or regulation to particular groups of people, and mishandling can incur criminal penalties and loss of respect. A formal security clearance is often required to handle classified documents or access classified data. The clearance process usually requires a sati ...more...



Homeless Bill of Rights

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The Homeless Bill of Rights (also Homeless Person's Bill of Rights and Acts of Living bill ) refers to legislation protecting the civil and human rights of homeless people . These laws affirm that homeless people have equal rights to medical care , free speech, free movement, voting, opportunities for employment, and privacy. Legislation of this type has become law in Rhode Island , Connecticut and Illinois and is under consideration by several other U.S. states. Controversy over Legislation Affecting the Homeless The "Beds Not Bars" slogan suggests that society must help homeless people instead of outlawing their behavior. Skid Row in Los Angeles is sometimes mentioned as an area that would deteriorate if homelessness was not regulated At issue in homeless bills of rights are local codes that outlaw loitering , vagrancy , sitting or lying on the sidewalk , begging , eating in public, and other behaviors. These codes disproportionately affect homeless people. The National Law Center on Homelessness and Povert ...more...



Government database

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A government database collects information for various reasons, including climate monitoring, securities law compliance, geological surveys, patent applications and grants, surveillance, national security, border control, law enforcement, public health, voter registration, vehicle registration, social security, and statistics. Canada National DNA Data Bank (NDDB), a system established under the DNA Identification Act of 1998 to hold DNA profiles of persons convicted of designated offenses and DNA profiles obtained from crime scenes. Profiles may only be used for law enforcement purposes. At the end of September 2013 the National DNA Data Bank held 277,590 profiles in the Convicted Offender Index and 88,892 profiles in the Crime Scene Index with from 500 to 600 new samples received each week. Government Electronic Directory Services (GEDS), a directory of Canadian federal public servants throughout the country, including names, titles, telephone and facsimile numbers, departmental names, office locations, ...more...



Central Monitoring System

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The Central Monitoring System, abbreviated to CMS, is a centralized telephone interception provisioning system installed by the Centre for Development of Telematics (C-DOT), an Indian Government owned telecommunications technology development centre, and operated by Telecom Enforcement Resource and Monitoring (TERM) Cells. The CMC system is going to be set up in each major state collocated with the TERM Cells.Telecom operators in India are required by law to give access to their networks to law enforcement agencies. The interconnection between LEA and Telecom Operators prior to CMS The interconnection between TERM Cell, LEA and Telecom Operators post CMS setup Government has set up the Centralized Monitoring System (CMS) to automate the process of Lawful Interception & Monitoring of telecommunications. CMS has got the approval from government. Cabinet Committee on Security has approved the project of CMS with government funding of Rs 400 Crores. Pilot trials have been completed and the system ...more...



Email spam legislation by country

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The following table represents laws in respective countries which restrict the use of Email spam. Note: Countries marked with red are listed in the Spamhaus' Worst Spam Origin Countries (January 2016). Country Legislation Section Implemented Ref  Argentina Personal Data Protection Act (2000) § 27 October 30, 2000  Australia Spam Act 2003 Part 2 12 December 2003  Austria Austrian Telecommunications Act 1997 § 107  Belgium Loi du 11 mars 2003 sur certains aspects juridiques des services de la société de l'information("Law of March 11 2003") 27 March 2003    Brazil None (loosely; Movimento Brasileiro de Combate ao Spam)  Canada Personal Information Protection and Electronic Documents Act 2000 (PIPEDA)  Canada Fighting Internet and Wireless Spam Act 2010  Canada Canada's Anti-Spam Legislation 2014 (CASL)    China Regulations on Internet email Services 30 March 2006  Cyprus Regulation of Electronic Communications and Postal Services Law of 2004 § 6  Czech Republic Act No ...more...



Freedom of speech

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Eleanor Roosevelt and the Universal Declaration of Human Rights (1949)—Article 19 states that "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers" Orator at Speakers' Corner in London, 1974 Freedom of speech is a principle that supports the freedom of an individual or community to articulate one's opinions and ideas without fear of retaliation, censorship, or sanction. The term "freedom of expression" is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used. Freedom of expression is recognized as a human right under article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). Article 19 of the UDHR states that "everyone shall hav ...more...



List of pornographic subgenres

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Pornography is the explicit portrayal of sexual subject matter for the purpose of sexual arousal. It is commonly grouped into a number of distinct subgenres. Pornography is typically categorized as either "softcore" or "hardcore" pornography. Softcore pornography generally contains nudity or partial nudity in sexually suggestive situations, but not explicit sexual activity, sexual penetration or "extreme fetishism". Hardcore pornography contains graphic sexual activity and visible penetration. The majority of the genres in this list relate to hardcore pornography. Overview Pornographic films are characterised as either softcore and hardcore, which can contain depictions of sexual penetration or extreme fetishism. Subgenres can also be classified into the characteristics of the performers or the type of sexual activity on which it concentrates, and not necessarily on the market to which each subgenre appeals. Pornographic films are classified into a number of subgenres, each of which usually conforms ...more...



Civil libertarianism

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Civil libertarianism is a strain of political thought that supports civil liberties, or which emphasizes the supremacy of individual rights and personal freedoms over and against any kind of authority (such as a state, a corporation, social norms imposed through peer pressure and so on). Civil libertarianism is not a complete ideology—rather, it is a collection of views on the specific issues of civil liberties and civil rights. In the libertarian movement In the domain of libertarian philosophy, the primary concern of the civil libertarian is the relationship of the government to the individual. In theory, the civil libertarian seeks to restrict this relationship to an absolute minimum in which the state can function and provide basic services and securities without excessively interfering in the lives of its citizens. One key cause of civil libertarianism is upholding free speech. Specifically, civil libertarians oppose bans on hate speech and obscenity. Although they may or may not personally condone be ...more...



National Defence Radio Establishment

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The National Defence Radio Establishment (Swedish: Försvarets radioanstalt, FRA) is a Swedish government agency organised under the Ministry of Defence. The two main tasks of FRA are signals intelligence (SIGINT), and support to government authorities and state-owned companies regarding computer security. The FRA is not allowed to initialize any surveillance on their own, and operates purely on assignment from the Government, the Government Offices, the Armed Forces, The Swedish National Police Board and Swedish Security Service (SÄPO). Decisions and oversight regarding information interception is provided by the Defence Intelligence Court and the Defence Intelligence Commission; additional oversight regarding protection of privacy is provided by the Swedish Data Protection Authority. History Signals Intelligence has existed in Sweden since 1905 when Swedish General Staff and Naval Staff respectively, had departments for signals intelligence and cryptanalysis. These departments succeeded, for instance, to ...more...



Access to Information Act

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Access to Information Act (R.S., 1985, c. A-1) or Information Act ( French : Loi sur l’accès à l’information ) is a Canadian Act providing the right of access to information under the control of a federal government institution. Paragraph 2. (1) of the Act ("Purpose") declares that government information should be available to the public, but with necessary exceptions to the right of access that should be limited and specific, and that decisions on the disclosure of government information should be reviewed independently of government. Later paragraphs assign responsibility for this review to an Information Commissioner , who reports directly to parliament rather than the government in power. However, the Act provides the commissioner the power only to recommend rather than compel the release of requested information that the commissioner judges to be not subject to any exception specified in the Act. By 1982, Australia , Denmark , the Netherlands , New Zealand , Sweden , and the U.S. (1966), had enacted mode ...more...



Financial intelligence

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Financial intelligence (FININT) is the gathering of information about the financial affairs of entities of interest, to understand their nature and capabilities, and predict their intentions. Generally the term applies in the context of law enforcement and related activities. One of the main purposes of financial intelligence is to identify financial transactions that may involve tax evasion, money laundering or some other criminal activity. FININT may also be involved in identifying financing of criminal and terrorist organisations. Financial intelligence can be broken down into two main areas, collection and analysis. Collection is normally done by a government agency, known as a financial intelligence organisation or Financial Intelligence Unit (FIU). The agency will collect raw transactional information and Suspicious activity reports (SAR) usually provided by banks and other entities as part of regulatory requirements. Data may be shared with other countries through intergovernmental networks. Analysi ...more...




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