LAW486 2022 slide updates by Warren Chik

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Slide Notes

LAW486 2022 slide updates

Published on Aug 25, 2022

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PRESENTATION OUTLINE

14th Amendment (Liberty Clause)

"No State shall...deprive any person of life, liberty, or property, without due process of law.
What are the 'privacy' rights that emerged from this in the Supreme Court?

Photo by Thomas Hawk

Due Process & the Right to Privacy in the US

Roe v. Wade (1973) and the 14th Amendment
Planned Parenthood v. Casey (1992)
Dobbs v. Jackson Women's Health Organisation (2022)

Photo by Gayatri Malhotra

CASE DISCUSSION

Examine the case of PP v. Lim Siong Khee [2001] 2 SLR 262, [2001] SGHC 69 and how it relates to privacy interests?
How was the case decided and what would be the likely recourse today?

DATA INTERMEDIARY & DATA ORGANISATION

Organisation need not have technical expertise
On the flipside, no tech expertise is not an excuse not to comply

Re WTS Automotive Services Pte Ltd [2019]

Giving proper instructions
Assessing and appointing competent service providers
What else?

Re Grabcar Pte Ltd [2020]

Involved “Grab App” a mobile ride-sharing app
GrabHitch function - cost-recovery arrangement
Complaints that drivers posted personal data of riders on social media platforms without consent

Re ChampionTutor Inc [2020]

Home tuition agency linking students with freelancing tutors
Public URL link with tutor list with tutors' contact info

C-101/01 Bodil Lindqvist [2003]

What were the facts?
What was the outcome?
Do you agree with it?
Would it be decided in the same way in Singapore?

C-345/17 Sergejs Buivids [2019]

Publication of a video by an individual on YouTube
What do you think was the outcome?

Case C‑582/14 Breyer v Germany (2016)

A dynamic IP address registered by an online media services provider when a person accesses a website that the provider makes accessible to the public constitutes personal data, in relation to that provider, where the latter has the legal means which enable it to identify the data subject with additional data which the internet service provider has about that person.

Photo by Christian Lue

GDPR Art. 4(1)

‘[P]ersonal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Photo by Christian Lue

GDPR Art. 4(4)

‘[P]rofiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Genetic data (Recital 34)
Health data (Recital 35)

Photo by Christian Lue

Recital 30

Natural persons may be associated with online identifiers provided by their devices, applications, tools and protocols, such as internet protocol addresses, cookie identifiers or other identifiers such as radio frequency identification tags.
This may leave traces which, in particular when combined with unique identifiers and other information received by the servers, may be used to create profiles of the natural persons and identify them.

Personal Data?

Recital 26 on Anonymised Data.
Recital 28 on Pseudonymisation.
Recital 51 on Sensitive Data (e.g. racial or ethnic origin).

Photo by Tarik Haiga

GDPR Art. 9

Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.
Exceptions include explicit consent and substantial public interest.

Photo by Christian Lue

Recital 38

Children merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data.

Photo by Ashton Bingham

GDPR Art. 8

For those who are under the age of 16, there is an additional consent or authorisation requirement from the holder of parental responsibility. The age limit is subject to a flexibility clause. Member States may provide for a lower age by national law, provided that such age is not below the age of 13 years.

Photo by Ashton Bingham

Case C‑184/20 v Lithuania case (2022)

Indirect disclosure of sensitive data like sexual orientation.
Inferences and profiles.
Implications for tracking, online advertising, dating and hook up apps, movement and location data and so on.

Photo by Cecilie Johnsen

Warren Chik