Academic literature on the topic 'Privacy legislation'

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Journal articles on the topic "Privacy legislation"

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Woodward, Beverly. "Federal Privacy Legislation." Journal of Law, Medicine & Ethics 26, no. 1 (1998): 80–81. http://dx.doi.org/10.1111/j.1748-720x.1998.tb01910.x.

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Charlesworth, Andrew J. "Privacy, Personal Information and Employment." Surveillance & Society 1, no. 2 (September 1, 2002): 217–22. http://dx.doi.org/10.24908/ss.v1i2.3355.

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It is a widely accepted proposition, reflected in privacy-enhancing legislation and regulations, that individuals will have less privacy in their workplace activities than in their private lives. However, modern technologies and business practices have blurred the boundary between private life and workplace, and a re-evaluation of the traditional legislative and regulatory protections for privacy in employment is required.
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Carapetis, Jonathan R., Jonathon W. Passmore, and Kerry Ann O'Grady. "Privacy legislation and research." Medical Journal of Australia 177, no. 9 (November 2002): 523. http://dx.doi.org/10.5694/j.1326-5377.2002.tb04929.x.

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Breen, Kerry J., and Sandra M. Hacker. "Comment: Privacy legislation and research." Medical Journal of Australia 177, no. 9 (November 2002): 523–24. http://dx.doi.org/10.5694/j.1326-5377.2002.tb04930.x.

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Skene, Loane LC. "Comment: Privacy legislation and research." Medical Journal of Australia 177, no. 9 (November 2002): 524. http://dx.doi.org/10.5694/j.1326-5377.2002.tb04931.x.

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HFARKAS, D., H. GOERL, and R. HYER. "Genetic privacy legislation: Two views." Molecular Diagnosis 2, no. 1 (March 1997): 83–87. http://dx.doi.org/10.1016/s1084-8592(97)80014-8.

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Trouille, Helen. "Private Life and Public Image: Privacy Legislation in France." International and Comparative Law Quarterly 49, no. 1 (January 2000): 199–208. http://dx.doi.org/10.1017/s0020589300064034.

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In October 1998, at the height of the Monicagate scandal, the publication by the French publisher Plon of a novel which recounts the adulterous relationship in the 1960s between a politician bearing a marked resemblance to Francois Mitterrand, and a journalist, provided an interesting comparison between the attitudes of the French and of the Americans to the romantic dalliances of their respective leaders. For Jeanne Dautun's work of fiction Un ami d'autrefois is most certainly no Monica's Story, and French reactions to their President's lengthy extra-marital relationship with Anne Pingeot have been at the very least understanding, if not even compassionate. In France, the small gathering of graveside mourners amongst whom Mitterrand's mistress and illegitimate daughter Mazarine took their places shocked no-one, although many an eyebrow was raised in the United States. In truth, Mitterrand manipulated the release of information about his private life all along the line, “coming clean” only progressively with his approaching death. Although the general public knew nothing of his double life, journalists had been very much aware of the existence of this second family for a great many years, but had revealed nothing. The respect of his privacy in this relationship and the reactions of fellow French politicians to his unashamed infidelity contrast sharply with the fate reserved for Bill Clinton, the indiscretions of his private life exposed in the nation's press for all to enjoy. We may ask ourselves if French journalists are perhaps more gentlemanly, less cut-throat than their Anglo-Saxon counterparts. Or are the cliches which describe latins as inveterate romantics and lovers true after all? Or are these irrational judgments supported by powerful French legislation protecting the individual's right to privacy? This article aims to examine the main texts relating to infringements of privacy in France, highlighting in particular those committed by the press against public figures and celebrities.
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Katzav, Gilad. "Compartmentalised data protection in South Africa: The right to privacy in the Protection of Personal Information Act." South African Law Journal 139, no. 2 (2022): 432–70. http://dx.doi.org/10.47348/salj/v139/i2a8.

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In European Union (‘EU’) law, the entrenched right to data protection is an independent fundamental right. EU case law has gradually disconnected the right to data protection from the right to a private life. South Africa’s first exclusive data protection legislation, the Protection of Personal Information Act 4 of 2013 (‘POPIA’), is redolent of EU data protection legislation. However, the stated purpose of the POPIA is to give effect to the right to privacy. This article examines whether the laws of data protection can be wholly encapsulated within s 14 of the Constitution. To this end, this article considers two main conceptions of privacy in our law. The first is Neethling’s informational privacy and the reasonable expectation of privacy. The second is Rautenbach’s theory of informational control over personal matters in relation to other rights. On either approach, I argue that the substantive provisions of the POPIA are irreducible to privacy protection alone. Ultimately, framing the POPIA exclusively within the domain of privacy will either (i) unduly restrict legislative interpretation; or (ii) the true meaning of privacy will be diluted, leading to legal uncertainty. To avoid this, I suggest distinguishing between the value of privacy in the POPIA and the actual loss of privacy.
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WHITE, MARY TERRELL. "Underlying Ambiguities in Genetic Privacy Legislation." Genetic Testing 3, no. 4 (January 1999): 341–45. http://dx.doi.org/10.1089/gte.1999.3.341.

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White, Garry L., Francis A. Méndez Mediavilla, and Jaymeen R. Shah. "Information Privacy." International Journal of Information Security and Privacy 5, no. 1 (January 2011): 50–66. http://dx.doi.org/10.4018/jisp.2011010104.

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In the Web dependent world, companies must respect and protect individuals’ information privacy. Companies develop and implement corporate information privacy policies to comply with the domestic and international information privacy laws and regulations. This paper investigates: (a) the approach used by multinational and domestic companies to develop and implement corporate information privacy policies; and (b) the perception of corporate managers/professionals toward information privacy legislation and secondary use of personally identifiable information (PII) that organizations collect. A survey was conducted to collect data from corporate CEOs, managers, and technical professionals of national and multinational companies. Findings indicate the following: 1) Views regarding the practicality and effectiveness of information privacy legislations are similar for respondents from the national and multinational companies. 2) Respondents are undecided about whether the privacy laws of the United States and foreign countries are equally restrictive. 3) Multinational companies do not favor developing and implementing uniform information privacy policies or different information privacy policies across countries of operations. 4) Respondents strongly agreed that unauthorized secondary use of personal information is unacceptable.
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Dissertations / Theses on the topic "Privacy legislation"

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Gunnarsson, Annicka, and Siri Ekberg. "Invasion of Privacy : Spam - one result of bad privacy protection." Thesis, Blekinge Tekniska Högskola, Institutionen för programvaruteknik och datavetenskap, 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:bth-5393.

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Our personal privacy is being eroded from various directions as modern technologies bring lots of new threats towards our personal privacy. Unfortunately, people are often oblivious about it and accept invasion of privacy to a great extent without questions. This thesis is a presentation of our study dealing with privacy violations while using the Internet. It also includes a further investigation about unsolicited bulk email, which is one of many consequences of bad privacy protection. We have also examined the differences between the United States and the European Union and found that the fundamental privacy protection is better in the European Union. We have used different methods to complete this thesis such as studies of literature and articles as well as performing a spam study. Using these methods we have concluded that privacy violations on the Internet is a significant problem and that the Internet users have a right to an adequate privacy protection.
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Harding, Ian M., and n/a. "The introduction of privacy legislation to Australia as a case study in policy making." University of Canberra. Administrative Studies, 1998. http://erl.canberra.edu.au./public/adt-AUC20060720.124331.

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The basis of this study was my belief that the introduction of the present privacy legislation had been done in such a "try and see" manner. To me, the whole process "begged" for a much closer look to try to understand the rationale behind successive governments' decisions on this policy initiative. I begin my look at the process from the 1960s as this is when general public concern for the security of personal information was high. I then move to the introduction of the proposed Australia Card and its demise and then to the present. Then, with reference to the "classic" policy analysis authors, I show that the implementation of federal privacy laws in Australia was an excellent example of how not to go about convincing the public the new laws would offer the protection they, the public, sought. I also explore the reasons behind negative lobbying by certain non-government sector interests to demonstrate how this sector has influenced government thinking. As an example of the study of a policy issue this thesis shows the effect a lack of planning, and a terrible lack of communication, can have on the introduction of any new legislation. Much of this is due to the fact that the real issue behind the introduction of privacy legislation was that of increasing taxation revenue and not the protection of individuals' privacy. The privacy legislation was the "sweetener" the government believed was needed to satisfy the general public's concerns so that the government could achieve the desired result for its taxation revenue policy.
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Saganich, Robert Lee. "An investigation of electronic Protected Health Information (e-PHI) privacy policy legislation in California for seniors using in-home health monitoring systems." Diss., NSUWorks, 2019. https://nsuworks.nova.edu/gscis_etd/1075.

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This study examined privacy legislation in California to identify those electronic Protected Health Information (e-PHI) privacy policies that are suited to seniors using in-home health monitoring systems. Personal freedom and independence are essential to a person's physical and mental health, and mobile technology applications provide a convenient and economical method for monitoring personal health. Many of these apps are written by third parties, however, which poses serious risks to patient privacy. Current federal regulations only cover applications and systems developed for use by covered entities and their business partners. As a result, the responsibility for protecting the privacy of the individual using health monitoring apps obtained from the open market falls squarely on the states. The goal of this study was to conduct an exploratory study of existing legislation to learn what was being done at the legislative level to protect the security and privacy of users using in-home mobile health monitoring systems. Specifically, those developed and maintained by organizations or individuals not classified as covered entities under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The researcher chose California due to its reputation for groundbreaking privacy laws and high population of seniors. The researcher conducted a content analysis of California state legislation, federal and industry best practices, and extant literature to identify current and proposed legislation regarding the protection of e-PHI data of those using in-home health monitoring systems. The results revealed that in-home health monitoring systems show promise, but they are not without risk. The use of smartphones, home networks, and downloadable apps puts patient privacy at risk, and combining systems that were not initially intended to function together carries additional concerns. Factors such as different privacy-protection profiles, opt-in/opt-out defaults, and privacy policies that are difficult to read or are not adhered to by the application also put user data at risk. While this examination showed that there is legislative support governing the development of the technology of individual components of the in-home health monitoring systems, it appears that the in-home health monitoring system as a whole is an immature technology and not in wide enough use to warrant legislative attention. In addition – unlike the challenges posed by the development and maintenance of the technology of in-home health monitoring systems – there is ample legislation to protect user privacy in mobile in-home health monitoring systems developed and maintained by those not classified as covered entities under HIPAA. Indeed, the volume of privacy law covering the individual components of the system is sufficient to ensure that the privacy of the system as a whole would not be compromised if deployed as suggested in this study. Furthermore, the legislation evaluated over the course of this study demonstrated consistent balance between technical, theoretical, and legal stakeholders. This study contributes to the body of knowledge in this area by conducting an in-depth review of current and proposed legislation in the state of California for the past five years. The results will help provide future direction for researchers and developers as they struggle to meet the current and future needs of patients using this technology as it matures. There are practical applications for this study as well. The seven themes identified during this study can serve as a valuable starting point for state legislators to evaluate existing and proposed legislation within the context of medical data to identify the need for legislation to assist in protecting user data against fraud, identity theft, and other damaging consequences that occur because of a data breach.
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Caple, Andrew. "Transparency, privacy and equality: A human rights analysis of the open justice principle in Australian mental health legislation." Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/109615/1/Andrew_Caple_Thesis.pdf.

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This research analysed Australia's statutory recognition of the common law principle of open justice at mental health civil commitment review hearings and whether its operation complies with the current United Nations human rights framework. This thesis argues that Australia's statutory approaches are inconsistent and that accordingly, each Australian state and territory should implement a supported decision-making framework to enable mental health involuntary patients, should they wish, to make autonomous decisions to waive rights to privacy and confidentiality, and to open a review hearing either in part, or in full. In addition, reviewing tribunals are obliged to publish reasons statements according to a test of 'significance'.
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Moller, Kerry. "The Right to Digital Privacy: Advancing the Jeffersonian Vision of Adaptive Change." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/936.

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The relationship between privacy, technology, and law is complex. Thomas Jefferson’s prescient nineteenth century observation that laws and institutions must keep pace with the times offers a vision for change. Statutory law and court precedents help to define our right to privacy, however, the development of new technologies has complicated the application of old precedents and statutes. Third party organizations, such as Google, facilitate new methods of communication, and the government can often collect the information that third parties receive with a subpoena or court order, rather than a Fourth Amendment-mandated warrant. Privacy promotes fundamental democratic freedoms, however, under current law, the digital age has diminished the right to privacy in our electronic communications data. This work explores the statutory and constitutional law protecting our right to privacy, as well as the inadequacies that have developed with the digital revolution. With commonplace use of third parties to facilitate electronic communication, our courts and lawmakers must amend current laws and doctrines to protect the privacy of communications in the digital age. To provide clarity and appropriate data privacy protections, the following clarifications and amendments should be made to the third party doctrine and the Stored Communications Act (SCA): 1) third party doctrine should only apply to context data, 2) content data should be protected by the Fourth Amendment, 3) the SCA should eliminate the distinction between Remote Computing Services (RCS) data and Electronic Communication Services (ECS) data, and 4) the SCA should require warrants for all content data acquisition.
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Banerjea-Brodeur, Nicolas Paul. "Advance passenger information passenger name record : privacy rights and security awareness." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80909.

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An in-depth study of Advance Passenger Information and Passenger Name Record has never been accomplished prior to the events of September 11 th. It is of great importance to distinguish both of these concepts as they entail different legal consequence. API is to be understood as a data transmission that Border Control Authorities possess in advance in order to facilitate the movements of passengers. It is furthermore imperative that harmonization and inter-operability between States be achieved in order for this system to work. Although the obligations seem to appear for air carriers to be extraneous, the positive impact is greater than the downfalls.
Passenger Name Record access permits authorities to have additional data that could identify individuals requiring more questioning prior to border control clearance. This data does not cause in itself privacy issues other than perhaps the potential retention and manipulation of information that Border Control Authorities may acquire. In essence, bilateral agreements between governments should be sought in order to protect national legislation.
The common goal of the airline industry is to ensure safe and efficient air transport. API and PNR should be viewed as formalities that can facilitate border control clearance and prevent the entrance of potentially high-risk individuals.
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Kan, Chi-keung, and 簡志強. "A review of the implementation of the personal data (privacy) ordinance in the Hong Kong Correctional Services Department." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1998. http://hub.hku.hk/bib/B31965507.

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Watt, James Robert. "Electronic workplace surveillance and employee privacy : a comparative analysis of privacy protection in Australia and the United States." Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/26536/1/James_Watt_Thesis.pdf.

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More than a century ago in their definitive work “The Right to Privacy” Samuel D. Warren and Louis D. Brandeis highlighted the challenges posed to individual privacy by advancing technology. Today’s workplace is characterised by its reliance on computer technology, particularly the use of email and the Internet to perform critical business functions. Increasingly these and other workplace activities are the focus of monitoring by employers. There is little formal regulation of electronic monitoring in Australian or United States workplaces. Without reasonable limits or controls, this has the potential to adversely affect employees’ privacy rights. Australia has a history of legislating to protect privacy rights, whereas the United States has relied on a combination of constitutional guarantees, federal and state statutes, and the common law. This thesis examines a number of existing and proposed statutory and other workplace privacy laws in Australia and the United States. The analysis demonstrates that existing measures fail to adequately regulate monitoring or provide employees with suitable remedies where unjustifiable intrusions occur. The thesis ultimately supports the view that enacting uniform legislation at the national level provides a more effective and comprehensive solution for both employers and employees. Chapter One provides a general introduction and briefly discusses issues relevant to electronic monitoring in the workplace. Chapter Two contains an overview of privacy law as it relates to electronic monitoring in Australian and United States workplaces. In Chapter Three there is an examination of the complaint process and remedies available to a hypothetical employee (Mary) who is concerned about protecting her privacy rights at work. Chapter Four provides an analysis of the major themes emerging from the research, and also discusses the draft national uniform legislation. Chapter Five details the proposed legislation in the form of the Workplace Surveillance and Monitoring Act, and Chapter Six contains the conclusion.
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Watt, James Robert. "Electronic workplace surveillance and employee privacy : a comparative analysis of privacy protection in Australia and the United States." Queensland University of Technology, 2009. http://eprints.qut.edu.au/26536/.

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More than a century ago in their definitive work “The Right to Privacy” Samuel D. Warren and Louis D. Brandeis highlighted the challenges posed to individual privacy by advancing technology. Today’s workplace is characterised by its reliance on computer technology, particularly the use of email and the Internet to perform critical business functions. Increasingly these and other workplace activities are the focus of monitoring by employers. There is little formal regulation of electronic monitoring in Australian or United States workplaces. Without reasonable limits or controls, this has the potential to adversely affect employees’ privacy rights. Australia has a history of legislating to protect privacy rights, whereas the United States has relied on a combination of constitutional guarantees, federal and state statutes, and the common law. This thesis examines a number of existing and proposed statutory and other workplace privacy laws in Australia and the United States. The analysis demonstrates that existing measures fail to adequately regulate monitoring or provide employees with suitable remedies where unjustifiable intrusions occur. The thesis ultimately supports the view that enacting uniform legislation at the national level provides a more effective and comprehensive solution for both employers and employees. Chapter One provides a general introduction and briefly discusses issues relevant to electronic monitoring in the workplace. Chapter Two contains an overview of privacy law as it relates to electronic monitoring in Australian and United States workplaces. In Chapter Three there is an examination of the complaint process and remedies available to a hypothetical employee (Mary) who is concerned about protecting her privacy rights at work. Chapter Four provides an analysis of the major themes emerging from the research, and also discusses the draft national uniform legislation. Chapter Five details the proposed legislation in the form of the Workplace Surveillance and Monitoring Act, and Chapter Six contains the conclusion.
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Mabeka, Nombulelo Queen. "When does the conduct of an employer infringe on an employee's constitutional right to privacy when intercepting or monitoring electronic communications?" Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5883_1253850534.

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The Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 (RICA) that regulates the monitoring of electronic communications has not yet been tested by our courts. This paper explores the likelihood of an infringement of an employee's right to privacy by an employer in the process of intercepting the latters electronic communications. It is argued that there is no explicit provision of the protection of the right to privacy that is provided in the LRA. It is further argued that the provisions of section 4, 5 and 6 of RICA as they stand do not necessarily provide for the protection of an employee's right to privacy, but the incorporation of these sections could be construed as meaning that the legislature or the framers of the legislation intended to limit the employers right to trade freely, at the same breath, limit the employees right to privacy. It is argued that RICA does not provide protection for the right to privacy wherein consent has been obtained under duress or based on misrepresentation of facts. It is contended that the interception of employees electronic communications in such circumstances would be regarded as an infringement of such employees right to privacy. The burden of proving duress or misrepresentation of facts rests on the employee who alleges that such consent was obtained under duress or based on misrepresentation of facts. It is also argued that RICA does not define the meaning of the words in the course of carrying on of business or reasonable steps provided in section 6 of RICA. It is argued that the meaning of in the course of carrying on of business would be determined by the type of the industry upon which the business operates, as well as the circumstances of the case. Reasonable steps would be regarded as being taken if employers notify employees that their electronic communications would be intercepted..."

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Books on the topic "Privacy legislation"

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Ontario. Freedom of Information and Privacy Branch. Ontario's access and privacy legislation: An annotation. Toronto, Ont: Management Board Secretariat, 1992.

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Institute, Pennsylvania Bar. Privacy. [Mechanicsburg, Pa.] (5080 Ritter Rd., Mechanicsburg 17055-6903): Pennsylvania Bar Institute, 2005.

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Elder, David A. Privacy torts. [St. Paul, Minn.]: Thomson/West, 2002.

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David, Allison. Personal Data (Privacy) (Amendment) Ordinance: Guidance and legislation. Hong Kong: Sweet & Maxwell/Thomson Reuters Hong Kong Limited, 2013.

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H, Franklin Charles E., and International Chamber of Commerce, eds. Business guide to privacy and data protection legislation. Paris: ICC Pub., 1996.

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Western Australia. Office of the Attorney General. Privacy legislation for Western Australia policy research paper. Perth, , WA: Privacy Working Group, 2003.

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Hébert, L. Camille. Employee privacy law. [St. Paul, Minn.]: West Group, 1993.

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Platt, Priscilla. Privacy law in the private sector: An annotation of the legislation in Canada. Aurora, ON: Canada Law Book, 2002.

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Koral, Alan M. Employee privacy rights. New York, N.Y: Executive Enterprises Publications, 1988.

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Ontario's proposed personal health information privacy legislation for health sector (health sector privacy rules). Toronto, Ont: Ministry of Health and Long-Term Care, 2000.

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Book chapters on the topic "Privacy legislation"

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Lane, V. P. "Privacy and Data Protection Legislation." In Security of Computer Based Information Systems, 130–43. London: Macmillan Education UK, 1985. http://dx.doi.org/10.1007/978-1-349-18011-0_9.

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Patrick, Andrew S., and Steve Kenny. "From Privacy Legislation to Interface Design: Implementing Information Privacy in Human-Computer Interactions." In Privacy Enhancing Technologies, 107–24. Berlin, Heidelberg: Springer Berlin Heidelberg, 2003. http://dx.doi.org/10.1007/978-3-540-40956-4_8.

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Shvets, Yuriy Yu. "Legislation Comparison in the Sphere of Health Protection in Selected European Countries." In Data Protection and Privacy in Healthcare, 200–211. Boca Raton, FL : CRC Press, 2021.: CRC Press, 2021. http://dx.doi.org/10.1201/9781003048848-11.

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Celeste, Edoardo, and Federico Fabbrini. "Competing Jurisdictions: Data Privacy Across the Borders." In Palgrave Studies in Digital Business & Enabling Technologies, 43–58. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54660-1_3.

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Abstract Borderless cloud computing technologies are exacerbating tensions between European and other existing regulatory models for data privacy. On the one hand, in the European Union (EU), a series of data localisation initiatives are emerging with the objective of preserving Europe’s digital sovereignty, guaranteeing the respect of EU fundamental rights and preventing foreign law enforcement and intelligence agencies from accessing personal data. On the other hand, foreign countries are unilaterally adopting legislation requiring national corporations to disclose data stored in Europe, in this way bypassing jurisdictional boundaries grounded on physical data location. The chapter investigates this twofold dynamic by focusing particularly on the current friction between the EU data protection approach and the data privacy model of the United States (US) in the field of cloud computing.
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Muntermann, Jan, and Heiko Roßnagel. "On the Effectiveness of Privacy Breach Disclosure Legislation in Europe: Empirical Evidence from the US Stock Market." In Identity and Privacy in the Internet Age, 1–14. Berlin, Heidelberg: Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-642-04766-4_1.

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Georgiadou, Yola, Ourania Kounadi, and Rolf A. de By. "Digital Earth Ethics." In Manual of Digital Earth, 785–810. Singapore: Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-32-9915-3_25.

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Abstract Digital Earth scholars have recently argued for a code of ethics to protect individuals’ location privacy and human dignity. In this chapter, we contribute to the debate in two ways. First, we focus on (geo)privacy because information about an individual’s location is substantially different from other personal information. The compound word (geo)privacy suggests that location can be inferred from people’s interests, activities, and sociodemographics, not only from traditional geographic coordinates. (Geo)privacy is a claim of individuals to determine for themselves when, how, and to what extent location information about them is communicated to others. Second, we take an interdisciplinary perspective. We draw from (geo)computing to describe the transformation of volunteered, observed, and inferred information and suggest privacy-preserving measures. We also draw from organization studies to dissect privacy into ideal types of social relationships and privacy-preserving strategies. We take the point of view of Alice, an individual ‘data subject’ encountered in data protection legislation, and suggest ways to account for privacy as a sociocultural phenomenon in the future. Although most of the discussion refers to the EU and the US, we provide a brief overview of data protection legislation on the African continent and in China as well as various global and regional ethics guidelines that are of very recent vintage.
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Poullet, Yves. "About the E-Privacy Directive: Towards a Third Generation of Data Protection Legislation?" In Data Protection in a Profiled World, 3–30. Dordrecht: Springer Netherlands, 2010. http://dx.doi.org/10.1007/978-90-481-8865-9_1.

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Lyons, Valerie. "Justice vs Control in Cloud Computing: A Conceptual Framework for Positioning a Cloud Service Provider’s Privacy Orientation." In Palgrave Studies in Digital Business & Enabling Technologies, 79–104. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54660-1_5.

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Abstract The continued rise in frequency and magnitude of cloud-based privacy breaches brings to the fore the challenges experienced by cloud service providers (CSPs) in balancing the need to maximize profit with the need to maintain data privacy. With a backdrop of the ineffectiveness of regulatory approaches to protecting privacy, this chapter explores privacy from a non-regulatory perspective—instead exploring a CSP’s approach to privacy as dynamics of control and justice. We apply control theory to represent the CSP’s compliance with privacy legislation and power over data, and we apply justice theory to represent the CSP exceeding compliance. Control theories, such as social contract theory, have frequently been applied to explore privacy challenges between organizations and consumers, as too have justice theories e.g. procedural and distributive justice. However, few studies have combined these theoretical concepts to provide a balanced view of these tensions in the cloud computing landscape. Integrating concepts from these theories, we construct a framework that can help to explain and position a CSP’s privacy orientation. Four key privacy orientations emerge in our framework, namely: Risk Managers, Integrators, Citizens and Warriors. We discuss the implications of each privacy orientation for CSPs. Our framework will enable future research to further understand, explore and compare the impact and effectiveness of each privacy orientation.
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Čtvrtník, Mikuláš. "Personality Rights, Privacy, and Post-mortem Privacy Protection in Archives: International Comparison, Germany and “Protection of Legitimate Interests”." In Archives and Records, 19–53. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-18667-7_2.

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AbstractThis chapter together with Chaps. 3 and 4, will address the protection of personality rights in archives in the broader context of the issue of access to archival records, and in some respects also on the general level of the protection of information not only of personal nature. In doing so, it will focus on several selected specific situations, models, or special procedural settings that can be encountered in the archival systems of some countries, namely the United Kingdom, Germany, and France, and it will also touch on the situation in the USA and some other countries that may also serve as inspirational moments that could potentially be used in other archival systems. Special attention will be paid to post-mortem protection of personality and privacy. This chapter will introduce several illustrative examples from some countries and show how archival legislation can complement the scope of law regulating the field of post-mortem privacy protection. The chapter will focus on introductory general international comparison, the case law of the European Court of Human Rights regarding the archival sector and its relation to the protection of personal data and personal information of living persons, the right to be forgotten together with the freedom of expression, right to access to information and will conclude with an analysis of the specific situation in Germany.
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Johnston, Steven R. "The Impact of Privacy and Data Protection Legislation on the Sharing of Intrusion Detection Information." In Lecture Notes in Computer Science, 150–71. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/3-540-45474-8_10.

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Conference papers on the topic "Privacy legislation"

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Glass, Leah, and Robin Gresko. "Legislation and Privacy across Borders." In 2012 International Conference on Privacy, Security, Risk and Trust (PASSAT). IEEE, 2012. http://dx.doi.org/10.1109/socialcom-passat.2012.135.

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Lioudakis, G. V., E. A. Koutsoloukas, N. L. Dellas, F. Gaudino, D. I. Kaklamani, and I. S. Venieris. "Technical Enforcement of Privacy Legislation." In 2007 IEEE 18th International Symposium on Personal, Indoor and Mobile Radio Communications. IEEE, 2007. http://dx.doi.org/10.1109/pimrc.2007.4394184.

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Becker, Anja, Alapan Arnab, and Mercè Serra. "Assessing privacy criteria for drm using eu privacy legislation." In the 8th ACM workshop. New York, New York, USA: ACM Press, 2008. http://dx.doi.org/10.1145/1456520.1456534.

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Pasca, Ioana-Celina. "Criminal Protection of Privacy in Legislation of Romania." In The 7th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia, 2020. http://dx.doi.org/10.22364/iscflul.7.2.23.

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Bekara, Kheira, and Maryline Laurent. "A Semantic Information Model Based on the Privacy Legislation." In 2011 Conference on Network and Information Systems Security (SAR-SSI). IEEE, 2011. http://dx.doi.org/10.1109/sar-ssi.2011.5931375.

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Daniels, Jesse, and Sajal Bhatia. "Legislation and the Negative Impact on Cybersecurity in Healthcare." In 6th International Conference on Information Systems Security and Privacy. SCITEPRESS - Science and Technology Publications, 2020. http://dx.doi.org/10.5220/0009157906910697.

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Mirkovic, Jelena, Eva Skipenes, Ellen K. Christiansen, and Haakon Bryhni. "Security and privacy legislation guidelines for developing personal health records." In 2015 Second International Conference on eDemocracy & eGovernment (ICEDEG). IEEE, 2015. http://dx.doi.org/10.1109/icedeg.2015.7114460.

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Bekara, Kheira, Maryline Laurent, and Than Ha Nguyen. "Technical Enforcement of European Privacy Legislation: An Access Control Approach." In 2012 5th International Conference on New Technologies, Mobility and Security (NTMS). IEEE, 2012. http://dx.doi.org/10.1109/ntms.2012.6208724.

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Pusztahelyi, Réka. "Recent EU Legislation Relating to Drones in the Light of Right to Privacy." In MultiScience - XXXIII. microCAD International Multidisciplinary Scientific Conference. University of Miskolc, 2019. http://dx.doi.org/10.26649/musci.2019.062.

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Krunic, Tanja, and Ljiljana Ruzic-Dimitrijevic. "Online Privacy Analysis and Hints for Its Improvement." In InSITE 2008: Informing Science + IT Education Conference. Informing Science Institute, 2008. http://dx.doi.org/10.28945/3216.

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The idea of the paper is to investigate how much the online user privacy is respected by website owners, and how online privacy can be improved. We first focus ourselves on issues like possibilities of misusing personal data, data collecting and user-tracking. Then we give a short report about legislation in the EU concerning user privacy. Some facts about user confidence are given as well. They are follows by a brief list of hints for the users to protect their personal data when surfing the Web. Then we give an overview of actions website owners should take in order to support user privacy. Finally, we present the results of our investigation of the condition of user privacy in practice, and give some suggestions on its improvement.
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Reports on the topic "Privacy legislation"

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Ponce, Joseph A. The Privacy Officer: A Critical Success Factor in the Implementation and Maintenance of HIPAA Legislation in DoD Medical Treatment Facilities. Fort Belvoir, VA: Defense Technical Information Center, May 2002. http://dx.doi.org/10.21236/ada420902.

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Eastman, Brittany. Legal Issues Facing Automated Vehicles, Facial Recognition, and Privacy Rights. SAE International, July 2022. http://dx.doi.org/10.4271/epr2022016.

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Facial recognition software (FRS) is a form of biometric security that detects a face, analyzes it, converts it to data, and then matches it with images in a database. This technology is currently being used in vehicles for safety and convenience features, such as detecting driver fatigue, ensuring ride share drivers are wearing a face covering, or unlocking the vehicle. Public transportation hubs can also use FRS to identify missing persons, intercept domestic terrorism, deter theft, and achieve other security initiatives. However, biometric data is sensitive and there are numerous remaining questions about how to implement and regulate FRS in a way that maximizes its safety and security potential while simultaneously ensuring individual’s right to privacy, data security, and technology-based equality. Legal Issues Facing Automated Vehicles, Facial Recognition, and Individual Rights seeks to highlight the benefits of using FRS in public and private transportation technology and addresses some of the legitimate concerns regarding its use by private corporations and government entities, including law enforcement, in public transportation hubs and traffic stops. Constitutional questions, including First, Forth, and Ninth Amendment issues, also remain unanswered. FRS is now a permanent part of transportation technology and society; with meaningful legislation and conscious engineering, it can make future transportation safer and more convenient.
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Prats, Joan, Helen Harris, and Juan Andrés Pérez. Political Determinants of Public-Private Partnerships. Inter-American Development Bank, September 2021. http://dx.doi.org/10.18235/0003619.

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During the last three decades, Public Private Partnerships (PPPs) have emerged as a new contractual arrangement to provide infrastructure investment and services. Examining the evolution of PPPs contracts in emerging countries, this paper analyses the role played by political institutions and partisanship showing that: (i) PPPs are more used when governmental and legislative transaction costs increase; and (ii) political partisanship does not explain the use and consolidation of PPPs as a contractual arrangement. The paper also confirms the relevance of macroeconomic and institutional quality variability variables found in previous literature and sheds new light regarding the political economy of PPPs, especially on how political governance structures shape incentives for using PPPs as a contractual mechanism.
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Durovic, Mateja, and Franciszek Lech. A Consumer Law Perspective on the Commercialization of Data. Universitätsbibliothek J. C. Senckenberg, Frankfurt am Main, 2021. http://dx.doi.org/10.21248/gups.64577.

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Commercialization of consumers’ personal data in the digital economy poses serious, both conceptual and practical, challenges to the traditional approach of European Union (EU) Consumer Law. This article argues that mass-spread, automated, algorithmic decision-making casts doubt on the foundational paradigm of EU consumer law: consent and autonomy. Moreover, it poses threats of discrimination and under- mining of consumer privacy. It is argued that the recent legislative reaction by the EU Commission, in the form of the ‘New Deal for Consumers’, was a step in the right direction, but fell short due to its continued reliance on consent, autonomy and failure to adequately protect consumers from indirect discrimination. It is posited that a focus on creating a contracting landscape where the consumer may be properly informed in material respects is required, which in turn necessitates blending the approaches of competition, consumer protection and data protection laws.
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Azuaje Pirela, Michelle. ¿Por qué es necesario repensar la tributación minera y cómo hacerlo? Universidad Autónoma de Chile, March 2021. http://dx.doi.org/10.32457/20.500.12728/90342021115.

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El precio del cobre sube y junto a ello volvió a la palestra también la discusión sobre el royalty minero en Chile, motivada por el proyecto de ley de 2018 que "establece en favor del Estado una compensación por la explotación de la minería del cobre y del litio" y que pasó este miércoles su primer trámite legislativo. Su objetivo es establecer un "derecho de compensación" para el Estado que le permita percibir el 3% del valor ad valorem de los minerales extraídos. Más allá de las típicas afirmaciones de acuerdo con las cuales se sostiene que esto es necesario, porque "la gran minería privada no paga lo suficiente", cabe preguntarse cuáles son los aspectos más relevantes de este debate y si existen argumentos jurídicos sólidos para instaurar un verdadero royalty, e incluso para repensar la tributación minera chilena en su conjunto. ¿Qué es un royalty y en qué se diferencia del impuesto específico a la minería?
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Bergsen, Pepijn, Carolina Caeiro, Harriet Moynihan, Marianne Schneider-Petsinger, and Isabella Wilkinson. Digital trade and digital technical standards. Royal Institute of International Affairs, January 2022. http://dx.doi.org/10.55317/9781784135133.

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There is increasing impetus for stronger cooperation between the US, EU and UK on digital technology governance. Drivers of this trend include the economic incentives arising from opportunities for digital trade; the ambition for digital technology governance to be underpinned by shared values, including support for a democratic, open and global internet; and the need to respond to geopolitical competition, especially from China. Two specific areas of governance in which there is concrete potential to collaborate, and in which policymakers have indicated significant ambitions to do so, are digital trade and digital technical standards. - To leverage strategic opportunities for digital trade, the US, EU and UK need to continue identifying and promoting principles based on shared values and agendas, and demonstrate joint leadership at the global level, including in the World Trade Organization (WTO) on e-commerce. - Policy actors in the US, EU and UK should work individually and collectively to build on the latest generation of digital trade agreements. This will help to promote closer alignment on digital rules and standards, and support the establishment of more up-to-date models for innovation and governance. - Collaborating on digital technical standards, particularly those underlying internet governance and emerging technologies, offers the US, EU and UK strategic opportunities to build a vision of digital technology governance rooted in multi-stakeholder participation and democratic values. This can provide a strong alternative to standards proposals such as China’s ‘New IP’ system. - Policy actors should seek to expand strategic cooperation on standards development among the US, EU and UK, among like-minded countries, and among states that are undecided on the direction of their technology governance, including in the Global South. They should also take practical steps to incorporate the views and expertise of the technology industry, the broader private sector, academia and civil society. By promoting best-practice governance models that are anticipatory, dynamic and flexible, transatlantic efforts for cooperation on digital regulation can better account for the rapid pace of technological change. Early evidence of this more forward-looking approach is emerging through the EU’s proposed regulation of digital services and artificial intelligence (AI), and in the UK’s proposed legislation to tackle online harms. The recently launched EU-US Trade and Technology Council is a particularly valuable platform for strengthening cooperation in this arena. But transatlantic efforts to promote a model of digital governance predicated on democratic values would stand an even greater chance of success if the council’s work were more connected to efforts by the UK and other leading democracies
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Ayala, David, Ashley Graves, Colton Lauer, Henrik Strand, Chad Taylor, Kyle Weldon, and Ryan Wood. Flooding Events Post Hurricane Harvey: Potential Liability for Dam and Reservoir Operators and Recommendations Moving Forward. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, September 2018. http://dx.doi.org/10.37419/eenrs.floodingpostharvey.

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When Hurricane Harvey hit the Texas coast as a category 4 hurricane on August 25, 2017, it resulted in $125 billion in damage, rivaling only Hurricane Katrina in the amount of damage caused. It also resulted in the deaths of 88 people and destroyed or damaged 135,000 homes. Much of that devastation was the result of flooding. The storm dumped over 27 trillion gallons of rain over Texas in a matter of days. Some parts of Houston received over 50 inches of rainfall. The potential liability that dam and reservoir operators may face for decisions they make during storm and flooding events has now become a major concern for Texas citizens and its elected officials. Law suits have now been instituted against the federal government for its operation of two flood control reservoirs, as well as against the San Jacinto River Authority for its operation of a water supply reservoir. Moreover, the issues and concerns have been placed on the agenda of a number of committees preparing for the 2019 Texas legislative session. This report reviews current dam and reservoir operations in Texas and examines the potential liability that such operators may face for actions and decisions taken in response to storm and flooding events. In Section III, the report reviews dam gate operations and differentiates between water supply reservoirs and flood control reservoirs. It also considers pre-release options and explains why such actions are disfavored and not recommended. In Section IV, the report evaluates liabilities and defenses applicable to dam and reservoir operators. It explains how governmental immunity can limit the exposure of state and federally-run facilities to claims seeking monetary damages. It also discusses how such entities could be subject to claims of inverse condemnation, which generally are not subject to governmental immunity, under Texas law as well as under the Fifth Amendment to the U.S. Constitution. In addition, the Section discusses negligence and nuisance claims and concludes that plaintiffs asserting either or both of these claims will have difficulty presenting successful arguments for flooding-related damage and harm against operators who act reasonably in the face of storm-related precipitation. Finally, Section V offers recommendations that dam and reservoir operators might pursue in order to engage and educate the public and thereby reduce the potential for disputes and litigation. Specifically, the report highlights the need for expanded community outreach efforts to engage with municipalities, private land owners, and the business community in flood-prone neighborhoods both below and above a dam. It also recommends implementation of proactive flood notification procedures as a way of reaching and alerting as many people as possible of potential and imminent flooding events. Finally, the report proposes implementation of a dispute prevention and minimization mechanism and offers recommendations for the design and execution of such a program.
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2023 SDG4 scorecard on progress towards national SDG 4 benchmarks: focus on early childhood. UNESCO, January 2023. http://dx.doi.org/10.54676/zslv3583.

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This is the first attempt to assess progress towards the 2025 and 2030 benchmarks, or national targets, that countries set over the past 18 months on seven SDG 4 indicators, in fulfilment of a commitment they made in 2015. The assessment covers the period 2015–20, just before the onset of COVID-19, which disrupted not only education development but also data collection systems.It highlights the importance of the benchmarking process, also recognized by the UN Secretary-General in the Transforming Education Summit in September 2022. Compiling the benchmark database has revealed differences in data sources and indicator definitions used, which will require better coordination between the national and global levels to be resolved. The process further highlights the need for more data, as they are currently insufficient to understand past trends and evaluate future prospects for a number of indicators. In many cases, countries also need to set more and better-informed national targets, notably on the gender gap in completion rates and in learning outcome indicators.This publication surveys overall progress on all benchmark indicators and looks more closely at individual country progress in three of them. One indicator – the participation rate in organized learning one year before primary – is further analysed to understand how progress may be associated with free and compulsory pre-primary education legislation, equity-oriented regulation of private provision, and public spending. Ultimately, the purpose of benchmarking is to encourage countries to link progress with policy change and learn from other countries’ experience.
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