La protection de la vie privée : brève analyse de la situation italienne

L'Italie a été l'avant-dernier pays européen, suivi seulement de la Grèce, à se doter d'une loi sur la protection de la vie privée (loi du 31 décembre 1996). Paradoxalement, c'est en Italie qu'ont été écrites quelques-uns des meilleurs ouvrages sur ce sujet, notamment ceux du professeur Rodotà. En dépit du retard du législateur italien, il doit être précisé que la loi de 1996, faisant suite à la Directive communautaire relative à la protection des données personnelles, introduit un concept moderne de la vie privée, qui ne se limite pas simplement à un « right to be let alone », selon la célèbre conception de la fin du dix-neuvième siècle, mais qui se réfère plutôt à la protection de la personne humaine. Le concept de vie privée, entendu comme l’interdiction d’accéder à des informations personnelles, se transforme en un contrôle des renseignements relatifs à la personne. De cette manière, se développe une idée de la vie privée qui pose comme fondements : le droit de contrôle, de correction et d'annulation d'informations sur la personne. À cet égard, il est important de souligner le double système d’autorisation pour le traitement licite des informations. Le consentement de l'intéressé est requis pour les données personnelles. Pour les données dites « sensibles », en revanche, l'autorisation du Garant sera nécessaire en plus de l'expression du consentement de l’intéressé. En revanche, aucune autorisation n'est requise pour le traitement de données n'ayant qu'un but exclusivement personnel, ainsi que pour les données dites « anonymes », à condition qu'elles ne permettent pas d'identifier le sujet concerné. Le type de responsabilité civile prévu par la loi de 1996 se révèle particulièrement intéressant : l'article 18 prévoit l'application de l'article 2050 du Code civil italien (exercice d'activités dangereuses), alors que l'article 29 prévoit, lui, l'octroi de dommages et intérêts pour les préjudices non patrimoniaux (cette disposition est impérative, conformément à l'article 2059 du Code civil italien). Le présent article se propose d'examiner l'application des normes évoquées ci-dessus à Internet.

Should a non-rival public good always be provided centrally?

This paper discusses the problem of optimal design of a jurisdiction structure from the view point of a utilitarian social planner when individuals with identical utility functions for a non-rival public good and private consumption have private information about their contributive capacities. It shows that the superiority of a centralized provision of a non-rival public good over a federal one does not always hold. Specifically, when differences in individuals’ contributive capacities are large, it is better to provide the public good in several distinct jurisdictions rather than to pool these jurisdictions into a single one. In the specific situation where individuals have logarithmic utilities, the paper provides a complete characterization of the optimal jurisdiction structure in the two-type case.

A User-Centric Approach to eCertificate for Electronic Identities (eIDs) Management in Mobile Environment

The use of electronic documents is constantly growing and the necessity to implement an ad-hoc eCertificate which manages access to private information is not only required but also necessary. This paper presents a protocol for the management of electronic identities (eIDs), meant as a substitute for the paper-based IDs, in a mobile environment with a user-centric approach. Mobile devices have been chosen because they provide mobility, personal use and high computational complexity. The inherent user-centricity also allows the user to personally manage the ID information and to display only what is required. The chosen path to develop the protocol is to migrate the existing eCert technologies implemented by the Learning Societies Laboratory in Southampton. By comparing this protocol with the analysis of the eID problem domain, a new solution has been derived which is compatible with both systems without loss of features.

Community projects: an experimental analysis of a fair implementation process

We define and experimentally test a public provision mechanism that meets three basic ethical requirements and allows community members to influence, via monetary bids, which of several projects is implemented. For each project, participants are assigned personal values, which can be positive or negative. We provide either public or private information about personal values. This produces two distinct public provision games, which are experimentally implemented and analyzed for various projects. In spite of the complex experimental task, participants do not rely on bidding their own personal values as an obvious simple heuristic whose general acceptance would result in fair and efficient outcomes. Rather, they rely on strategic underbidding. Although underbidding is affected by projects’ characteristics, the provision mechanism mostly leads to the implementation of the most efficient project.

The use and impacts of bank support on UK small and medium-sized enterprises

This article examines an under-investigated area in relationship banking, i.e. the use of bank advice and support and its impacts on the financial conditions of small and medium-sized enterprises (SMEs). The findings indicate that the characteristics of businesses and entrepreneurs, among other factors, have determinant effects on the use of bank support by SMEs when they make financial decisions. SMEs can alleviate the severity of their financial problems significantly by using bank support more fully, through developing long-term relationships with banks as primary network partners. The article further recognises the value of advice from banks as a substitute for entrepreneurial human capital, especially when bankers use private information to determine the nature and level of financial and non-financial assistance that they are prepared to supply to their clients.

The Role of Collateral in Entrepreneurial Finance

Previous research has suggested collateral has the role of sorting entrepreneurs either by observed risk or by private information. In order to test these roles, this paper develops a model which incorporates a signalling process (sorting by observed risk) into the design of an incentivecompatible menu of loan contracts which works as a self-selection mechanism (sorting by private information). It then tests this Sorting by Signalling and Self-Selection Model, using the 1998 US Survey of Small Business Finances. It reports for the first time that: high type entrepreneurs are more likely to pledge collateral and pay a lower interest rate; and entrepreneurs who transfer good signals enjoy better contracts than those transferring bad signals. These findings suggest that the Sorting by Signalling and Self-Selection Model sheds more light on entrepreneurial debt finance than either the sorting-by-observed-risk or the sorting-by-private information paradigms on their own.

Education, preferences for leisure, and the optimal income tax schedule

Recent advances in dynamic Mirrlees economies have incorporated the treatment of human capital investments as an important dimension of government policy. This paper adds to this literature by considering a two period economy where agents are di erentiated by their preferences for leisure and their productivity, both private information. The fact that productivity is only learnt later in an agent's life introduces uncertainty to agent's savings and human capital choices and makes optimal the use of multi-period tie-ins in the mechanism that characterizes the government policy. We show that optimal policies are often interim ine cient and that the introduction of these ine ciencies may take the form of marginal tax rates on labor income of varying sign and educational policies that include the discouragement of human capital acquisition. With regards to implementation, state-dependent linear taxes implement optimal savings, while human capital policies may require labor income taxes that depend directly on agents' schooling.

The polictical economy informed lobbies

We analize a discrete type version of a common agency model with informed principals of Martimort and Moreira (2005) in the context of lobby games. We begin discussing issues related to the common values nature of the model, i.e.the agent cares directly about the principal’s utility function. With this feature the equilibrium of Martimort and Moreira (2005) is not valid. We argue in favor of one solution, although we are not able to fully characterize the equilibrium in this context. We then turn to an application: a modification of the Grossman and Helpman (1994) model of lobbying for tariff protection to incoporate assimetric information (but disconsidering the problem of common values) in the lobbies objective function. We show that the main results of the original model do not hold and that lobbies may behave less agressively towards the police maker when there is private information in the lobbies valuation for the tariffs.

The trade-off between incentives and endogenous risk

Standard models of moral hazard predict a negative relationship between risk and incentives, but the empirical work has not confirmed this prediction. In this paper, we propose a model with adverse selection followed by moral hazard, where effort and the degree of risk aversion are private information of an agent who can control the mean and the variance of profits. For a given contract, more risk-averse agents suppIy more effort in risk reduction. If the marginal utility of incentives decreases with risk aversion, more risk-averse agents prefer lower-incentive contractsj thus, in the optimal contract, incentives are positively correlated with endogenous risk. In contrast, if risk aversion is high enough, the possibility of reduction in risk makes the marginal utility of incentives increasing in risk aversion and, in this case, risk and incentives are negatively related.

Yet another reason to tax goods

The optimal taxation of goods, labor and capital income is considered in a two period model where: i) private information changes through time; ii) savings are not observed, and; iii) savings a§ect preferences conditional on the realization of types. The simultaneous appearance of these three elements cause optimal commodity taxes to depend on o§-equilibrium savings. As a consequence, separability no longer su¢ ces for the uniform taxation prescription of Atkinson and Stiglitz (AS) to obtain. If preferences are homothetic AS is partially restored: taxes are uniform within periods, however, future consumption is taxed at a higher rate than current consumption.

On the limits of cheap talk for public good provision

This article studies a model where, as a consequence of private information, agents do not have incentive to invest in a desired joint project, or a public good, when they are unable to have prior discussion with their partners. As a result, the joint project is never undertaken and inefficiency is observed. Agastya, Menezes and Sengupta (2007) prove that with a prior stage of communication, with a binary message space, it is possible to have some efficiency gain since "all ex-ante and interim efficient equilibria exhibit a simple structure". We show that any finite message space does not provide efficiency gain on the simple structure discussed in that article. We use laboratory experiments to test these results. We find that people do contribute, even without communication, and that any kind of communication increases the probability of project implementation. We also observed that communication reduces the unproductive contribution, and that a large message space cannot provide efficiency gain relative to the binary one.

On common agency with informed principals

This thesis consists of three chapters that have as unifying subject the frame-work of common agency with informed principals. The first two chapters analyze the economic effects of privately informed lobbying applied to tariff protection (Chapter 1) and to customs unions agreements (Chapter 2). The third chapter investigates the choice of retailing strutures when principals (the producers) are privately informed about their production costs. Chapter 1 analyzes how lobbying affects economic policy when the interest groups have private information. I assume that the competitiveness of producers are lobbies private information in a Grossman and Helpman (1994) lobby game. This allows us to analyze the e¤ects of information transmission within their model. I show that the information transmission generates two informational asymmetry problems in the political game. One refers to the cost of signaling the lobby's competitiveness to the policy maker and the other to the cost of screening the rival lobby's competitiveness from the policy maker. As an important consequence information transmission may improve welfare through the reduction of harmful lobbying activity. Chapter 2 uses the framework of chapter 1 to study a customs union agreement when governments are subject to the pressure of special interest groups that have better information about the competitiveness of the industries they represent. I focus on the agreement's effect on the structure of political influence. When join a customs union, the structure of political pressure changes and with privately informed lobbies, a new effect emerges: the governments can use the information they learn from the lobby of one country to extract rents from the lobbies of the other country. I call this the "information transmission effect". This effect enhances the governments'bargaining power in a customs union and makes lobbies demand less protection. Thus, I find that information transmission increases the welfare of the agreement and decreases tari¤s towards non-members. I also investigate the incentives for the creation of a customs union and find that information transmission makes such agreement more likely to be politically sustainable. Chapter 3 investigates the choice of retailing structure when the manufacturers are privately informed about their production costs. Two retailing structures are analyzed, one where each manufacturer chooses her own retailer (exclusive dealing) and another where the manufacturers choose the same retailer (common agency). It is shown that common agency mitigates downstream competition but gives the retailer bargaining power to extract informational rents from the manufacturers, while in exclusive dealing there is no downstream coordination but also there are no incentives problem in the contract between manufacture and retailer. A pre- liminary characterization of the choice of the retailing structure for the case of substitute goods shows that when the uncertainty about the cost increases relatively to the size of the market, exclusive dealing tends to be the chosen retailing structure. On the other hand, when the market is big relatively to the costs, common agency emerges as the retailing structure. This thesis has greatly benefited from the contribution of Professors Humberto Moreira and Thierry Verdier. It also benefited from the stimulating environment of the Toulouse School of Economics, where part of this work was developed during the year of 2007.

Parcerias público-privadas na presença de seleção adversa: uma análise numérica

Esta dissertação propõe-se a analisar a otimalidade de parcerias público-privadas (PPP) em um ambiente de seleção adversa. Mais especi calmente, analiso se as tarefas de construir e operar uma infraestrutura para serviços públicos deve ser realizada por um consórcio ou se devem ser realizadas por fi rmas contratadas separadamente. Para tal, diferentemente da literatura existente para o problema, focadas nos problemas de contratos incompletos e moral hazard, construo um modelo de seleção adversa multidimensional, onde as firrmas possuem informação privada e podem exercer um esforço não observável em cada atividade, com a existência de externalidade entre as tarefas, em uma extensão do modelo de La¤ont e Tirole (1986). Após defi nir algumas condições sob as quais PPP domina os meios usuais de contratação, utilizo de uma análise numérica para melhor compreender a solução do modelo, que se mostra altamente dependente da correlação entre os parâmetros de informação privada das firmas.

An auction theoretical approach to fiscal wars

I examine a situation where a firm has to choose to locate a new factory in one of several jurisdictions and it depends on the private information held by each jurisdiction. Jurisdiction compete for the location of the new factory. This competition may take the form of expenditures already incurred on infraestructure, commitments to spend on infraestructure, tax incentives or even cash payments. The model combines two elements that are usually considered separately; competition is desirable because we want the factory to be located in the jurisdiction that values it the most, but competition in itself is wasteful. I show that expected total amount paid to the firm under a large family of arrangements. Moreover, I show that the ex-ante optimal mechanism that guarantees that the firm chooses the jurisdiction with the highest value for the factory, minimizes the total expected payment to the firm, and balances the budget in an ex-ante sense - can be implemented by running a standard auction and subsidizing participation.

Commodity Taxation and Social Insurance

We investigate optimal commodity taxation in a social insurance framework based on Varian (1980). We show that the tax prescriptions in this moral hazard framework are notably similar to those derive