For the first time in Slovenia, the book analyzes the impacts of big data and data analytics on data protection and privacy on one hand and social control on the other. Prevailing assumption is that we are witnessing “data revolution”, which “will transform how we live, work and think” (Mayer-Schönberger & Cukier, 2013). However, such a change is also bringing great risks for the structure of democratic society, which is the most pressing in the field of social control, privacy and data protection. Today, the decision-making on human rights is increasingly automated. In many domains of our lives, algorithms determine our possibilities and opportunities. In a society, characterized by inequality in social power and uneven distribution of wealth, big data deepens and disseminates the processes of social exclusion, impacts social (in)equality and undermines social cohesion. The main objective of the book is not to address big data and related data analytics (statistical modeling and algorithmization) from the technical or statistical point of view, but to focus on legal aspects – mainly from the perspective of criminal law and data protection law – and social control implications of big data and algorithmic prediction and intervention.
COBISS.SI-ID: 293487360
The book addresses the impacts of big data on societies, politics and, particularly, social and crime control. Big data is a phrase that has been used pervasively by the media and the lay public in the last several years. Amongst many other fields, social control and crime control in particular have become one of the key emerging use cases of big data. However, a series of legal and ethical challenges relating to, among other things to privacy, discrimination, and presumption of innocence are undermining potential uses of big data in crime control. Main themes of the book lay at the intersection of big data, crime control and criminal justice. Main objectives of the book are to shed light on impacts of big data on crime control and security in the EU and the US, but other legal systems are not excluded. The innovative way of the book lays in its interdisciplinary approach, which critically examines ethical, legal, sociological and criminological impacts of what has been labelled as “big data” – often defined as the nominator of “four V’s”: Volume (vast amounts of data), Variety (heterogeneity of data), Velocity (speed of access and analysis of the data), and Veracity (uncertainty and inaccuracy of data). While mapping these problems, the book proposes solutions that do not hinder the development of the technology, but enable more nuanced, ethically and legally sound solutions to be developed in the future.
COBISS.SI-ID: 1994830
The article introduces contemporary cyber-surveillance practices in the light of Edward Snowden's disclosures about the massive surveillance of US intelligence services and presents the results of an on-line survey on public attitudes towards privacy in public telecommunications networks in Slovenia. The results of the online survey are referring to the types and frequencies of victimization in cyber space; self-reporting part of the respondents about the violations of privacy to third persons, perception of different types of controllers, value attached to the privacy by the respondents, the attitude towards the repealed directive on data retention and awareness of the available legal remedies in the event of personal data breach. In the paper the author concludes, that there exists great distrust towards big internet companies and – after Snowden's disclosures – towards intelligence services on one hand, on the other hand users still show low levels of concern for the protection of their personal data. 56 per-cent of the respondents perceive internet companies as the biggest threat for their privacy, followed by telecommunications companies (25 per-cent) and merchant chains with “loyalty programs” (23 per-cent). The calculation of hi-square and Cramer's coefficient shows that there are no statistically significant differences on the basis of gender, although men feel more threatened from domestic and foreign intelligence services. Comparison of the data before and after Snowden's disclosures shows that the proportion of those who perceived foreign and domestic intelligence services as a threat was small, but after the disclosures the sense of threat of these services was noticeable in both sexes.
COBISS.SI-ID: 1841230
The increased use of mobile devices, both for private and business purposes, as well as the increasing usefulness of mobile devices, have an impact on criminal law, both in the detection of criminal offenses and in the investigation and the evidence gathering phase in criminal proceedings, where appropriate authorization is necessary for the investigation to take place, as well as in criminal substantive law, which must contain appropriate definitions of criminal offenses and the rules of the general part of criminal code that take into account the mobile device as the object of the attack and / or the means of committing the crime. This likewise applies for the intrusion in privacy in the context of the worker - employer relationship, in which the employer is increasingly exercising acts similar to those undertaken in criminal proceedings. If these acts are not carried out in accordance with regulations, they may constitute criminal offenses. The first part of the paper presents the main results of the research conducted with the cooperation of 34 Slovenian business organizations, namely on the use of mobile devices, the threat they are under and the use of appropriate protections against interference with information security and privacy. Data gathered indicates the actual threat that mobile devices and their users in Slovenia are under. In the second part of the paper, the realization of the threat to information security of mobile devices in Slovenia is take under scrutiny from a criminal law perspective; firstly, on the basis of the regulation of relevant criminal offenses in the Criminal Code and secondly, on the basis of the official statistical data of the Police and of the Statistical Office of the Republic of Slovenia on the processing of these criminal offenses. The article thus comprehensively addresses the problem of attacks on mobile devices, including the worker – employer relationship, from all three aspects: the factual situation, the legal system in place as well as its implementation in criminal law practice.
COBISS.SI-ID: 3015146
The paper addresses the current status of the use of big data in peacetime economic cyber espionage among States under international law. While the majority of States criminalize economic espionage in their national legislation, international law remains silent on the issue. The paper thus addresses the issues of legality or illegality of economic cyber espionage under international law and analyses whether States could lawfully react to malicious economic cyber espionage. It points out the differences between traditional espionage and cyber exploitation, which necessitates a separate regulation at the international level. On the other hand, a possible analogy could be drawn with the concept of looting of natural resources, which is prohibited under international law, since cyber exploitation shares several commonalities with this concept. It concludes that especially the rules governing the prohibition of looting of the certain kinds of property can be useful in defining cyber exploitation at the international level.
COBISS.SI-ID: 15617361