Online data processing consent under EU law: a theoretical framework and empirical evidence from the UK

This article analyses the results of an empirical study on the 200 most popular UK-based websites in various sectors of e-commerce services. The study provides empirical evidence on unlawful processing of personal data. It comprises a survey on the methods used to seek and obtain consent to process personal data for direct marketing and advertisement, and a test on the frequency of unsolicited commercial emails (UCE) received by customers as a consequence of their registration and submission of personal information to a website. Part One of the article presents a conceptual and normative account of data protection, with a discussion of the ethical values on which EU data protection law is grounded and an outline of the elements that must be in place to seek and obtain valid consent to process personal data. Part Two discusses the outcomes of the empirical study, which unveils a significant departure between EU legal theory and practice in data protection. Although a wide majority of the websites in the sample (69%) has in place a system to ask separate consent for engaging in marketing activities, it is only 16.2% of them that obtain a consent which is valid under the standards set by EU law. The test with UCE shows that only one out of three websites (30.5%) respects the will of the data subject not to receive commercial communications. It also shows that, when submitting personal data in online transactions, there is a high probability (50%) of incurring in a website that will ignore the refusal of consent and will send UCE. The article concludes that there is severe lack of compliance of UK online service providers with essential requirements of data protection law. In this respect, it suggests that there is inappropriate standard of implementation, information and supervision by the UK authorities, especially in light of the clarifications provided at EU level.

Normative-informational positions: a modal-logical approach

This paper is a preliminary investigation into the application of the formal-logical theory of normative positions to the characterisation of normative-informational positions, pertaining to rules that are meant to regulate the supply of information. First, we present the proposed framework. Next, we identify the kinds of nuances and distinctions that can be articulated in such a logical framework. Finally, we show how such nuances can arise in specific regulations. Reference is made to Data Protection Law and Contract Law, among others. The proposed approach is articulated around two essential steps. The first involves identifying the set of possible interpretations that can be given to a particular norm. This is done by using formal methods. The second involves picking out one of these interpretations as the most likely one. This second step can be resolved only by using further information (e.g., the context or other parts of the regulation).

Análise da qualidade microbiológica em leite pasteurizado, tipo C, recém pasteurizado e na data de validade

The conservation of raw milk for long periods of time under refrigeration can result in the lost of its quality. This happens because bacterias, capable of developing in low temperatures, as psichrotrophics, in milk, associates with its enzymatic activities, are capable to degradate it. Although the pasteurization of milk sufficiently diminishes the transmission of the illnesses, that generally eliminates such microorganisms, is not a total efficient process because many enzymes produced for such bacterias are termostable, being able to resist the treatment and to remain active, leading to the loss of the quality of milk and its derivatives. The Normative Instruction 51 of 2002 established that milk must be cooled and stored in the production property, what resulted increasing the incidence of such bacteria in population destined milk. In some parts of the world contaminated milk is causing serious risks to the health of the population, assuming great importance in Public Health, mainly in relation to the hygienic-sanitary conditions of the product. ANVISA establishes, thus, maximum bacteriological concentration that must be evidenced before commercializing the product, guaranteeing the quality of milk as proper for consumption. Based on these aspects, the objective of this work is the microbiological analysis of 30 milk samples type C, collected in bakeries of the city Botucatu, in the state of São Paulo. Analysis were made to determinate the most likely number of termotolerants coliforms, as well the number of colony units of psichrotrophics bacterias, the presence of Salmonella and the enumeration of positive Staphylococcus aureus, at the moment of purchase and validity of the products

Oral impacts on the daily performance of Brazilians assessed using a sociodental approach: analyses of national data

The aim of this study was to analyze the relationship between oral diseases and their impact on the daily performance of adult and elderly Brazilians, verify the association of oral diseases with socioeconomic and demographic features, and compare the standard estimate of need with the sociodental assessment of these same needs. The authors evaluated data from 17,398 Brazilians aged between 35-44 years and 65-74 years, taken from the cross-sectional Brazilian Oral Health Survey (Saúde Bucal Brasil - SBBrasil). Regression models were applied to assess associations among impacts on daily performance and income, schooling, gender, region, use of dental services, health perception and dental disease status. McNemar’s test was applied to compare standard versus impact-related estimates of need. The prevalence ratio of these impacts was associated with the sociodemographic versus health perceptions (p < 0.001) of adults and the elderly. Adults also had impacts associated with loss of periodontal attachment (p < 0.001). The prevalence of normative needs was 95.39% for adults and 99.76% for the elderly, whereas the impact-related estimate of need was 50.92% and 43.71%, respectively. The impacted-related approach had a statistically significant association with the normative estimate of need (p < 0.001). This study showed a relationship between oral impact on daily performance of adults and educational level. Sociodemographic features were also related to the impacts on both adults and the elderly, and to health perception. The impacts among the adults were related to the loss of periodontal attachment. In addition, the authors found a sizable difference between the standard versus the sociodental approach, in that the sociodental assessment needs were lower than the needs identified by the standard estimate of need.

Smart City e Analisi di Big Data da Tracce Vodafone di Dispositivi Mobili

I dispositivi mobili, dagli smartphone ai tablet, sono entrati a far parte della nostra quotidianità. Controllando l’infrastruttura delle comunicazioni, rispetto a qualsiasi altro settore, si ha un maggiore accesso a informazioni relative alla geo-localizzazione degli utenti e alle loro interazioni. Questa grande mole di informazioni può aiutare a costruire città intelligenti e sostenibili, che significa modernizzare ed innovare le infrastrutture, migliorare la qualità della vita e soddisfare le esigenze di cittadini, imprese e istituzioni. Vodafone offre soluzioni concrete nel campo dell’info-mobilità consentendo la trasformazione delle nostre città in Smart City. Obiettivo della tesi e del progetto Proactive è cercare di sviluppare strumenti che, a partire da dati provenienti dalla rete mobile Vodafone, consentano di ricavare e di rappresentare su cartografia dati indicanti la presenza dei cittadini in determinati punti d’interesse, il profilo di traffico di determinati segmenti viari e le matrici origine/destinazione. Per fare questo verranno prima raccolti e filtrati i dati della città di Milano e della regione Lombardia provenienti dalla rete mobile Vodafone per poi, in un secondo momento, sviluppare degli algoritmi e delle procedure in PL/SQL che siano in grado di ricevere questo tipo di dato, di analizzarlo ed elaborarlo restituendo i risultati prestabiliti. Questi risultati saranno poi rappresentati su cartografia grazie a QGis e grazie ad una Dashboard aziendale interna di Vodafone. Lo sviluppo delle procedure e la rappresentazione cartografica dei risultati verranno eseguite in ambiente di Test e se i risultati soddisferanno i requisiti di progetto verrà effettuato il porting in ambiente di produzione. Grazie a questo tipo di soluzioni, che forniscono dati in modalità anonima e aggregata in ottemperanza alle normative di privacy, le aziende di trasporto pubblico, ad esempio, potranno essere in grado di gestire il traffico in modo più efficiente.

Normative MR Cervical Spinal Canal Dimensions

Purpose To provide normal values of the cervical spinal canal and spinal cord dimensions in several planes with respect to spinal level, age, sex, and body height. Materials and Methods This study was approved by the institutional review board; all individuals provided signed informed consent. In a prospective multicenter study, two blinded raters independently examined cervical spine magnetic resonance (MR) images of 140 healthy volunteers who were white. The midsagittal diameters and areas of spinal canal and spinal cord, respectively, were measured at the midvertebral levels of C1, C3, and C6. A multivariate general linear model described the influence of sex, body height, age, and spinal level on the measured values. Results There were differences for sex, spinal level, interaction between sex and level, and body height, while age had significant yet limited influence. Normative ranges for the sagittal diameters and areas of spinal canal and spinal cord were defined at C1, C3, and C6 levels for men and women. In addition to a calculation of normative ranges for a specific sex, spinal level, age, and body height data, data for three different height subgroups at 45 years of age were extracted. These results show a range of the spinal canal dimensions at C1 (from 10.7 to 19.7 mm), C3 (from 9.4 to 17.2 mm), and C6 (from 9.2 to 16.8 mm) levels. Conclusion : The dimensions of the cervical spinal canal and cord in healthy individuals are associated with spinal level, sex, age, and height. © RSNA, 2013 Online supplemental material is available for this article.