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23 Int'l Rev. L. Computers & Tech. 1 (2009)

handle is hein.journals/irlct23 and id is 1 raw text is: 


International Review ofLaw, Computers & Technology                         Routledge
Vol. 23, Nos. 1-2, March-July 2009, 1-4                                     ylor &Francis Coup




                               INTRODUCTION

An uncomfortable marriage: The challenges 'new' technology is posing
                    to 'old' or established legal concepts?

                        Richard Jonesa* and Roksana Mooreb

                      aLiverpool JMU; bQueen Mary College, London

BILETA 2008 'Law Shaping Technology; Technology Shaping the Law' was organised at
Glasgow Caledonian University by Michael Bromby and took as its main theme the secur-
ity and privacy of personal information. The conference's first keynote speaker, David Flint,
a Partner in MacRoberts Technology Media & Communications Group, is an independent
expert under the UK Domain Dispute Resolution Procedure. He tackled the conference
theme head on. How can the right to free speech be reconciled with the right to privacy,
particularly with the rise in social networking technologies and user generated content?
Have for example sites such as Facebook and YouTube responded in a timely and effective
manner to safeguard our data, while promoting our rights to free speech? The topics of
information and privacy have featured regularly in the writings of legal scholars for over
a century, not least because of ongoing debates and obscurities with regard to definitions
and applications of the terms. This edition capturing several privacy-related papers from
the conference, which go some way to meeting David's challenge.
    One of the key hurdles in creating the law of privacy has been the disagreement of what
constitutes an invasion of privacy and it is generally accepted that this is further dependant
upon cultural, and other, perspectives. Karen McCullagh, in 'Protecting privacy through
control of personal data collection: A flawed approach' acknowledges the absence of key
definitions with regards to privacy, seeks to identify whether or not the term privacy is
synonymous with the term personal (UK Data Protection Act 1998), and adopts empirical
research to assist in determining this. McCullagh's findings and discussion is important in
demonstrating that an agreement upon a common ground of the invasion of privacy seems
to exist.
    Continuing on the theme of definition within privacy, Dan Ritchie in 'Is it possible to
define privacies within the law? Reflections on the securitisation debate and the inter-
ception of communications', considers privacy within the context of surveillance and the
interception of communications. The definition of privacy is reviewed with an emphasis
on informational privacy, providing an interesting account on how the public perception
of what is private can differ in context of modem technology. Richie puts forward his
own questions that should be addressed to further the debate on privacy, and in so doing
proposes that individual approval or disapproval is the crux of personal feelings of privacy.
    Issues affecting children are generally high on most agendas and privacy is no different.
In her paper Emmanuelle Bartoli performs a comparative analysis of the provisions in place


*Corresponding author. Email: R.P.Jonesgljmu.ac.uk

ISSN 1360-0869 print/ISSN 1364-6885 online
0 2009 Taylor & Francis
DOI: 10.1080/13600860902836836
http://www informaworld.corn

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