Wednesday, July 31, 2019

Human Effect on Climate Change Essay

Very few people doubt that it is normal for there to be climate change. The rotation of the earth on a tilted axis leads to this, as well many natural events, like volcanic eruptions, earthquakes and hurricanes. However, human activities are having a much greater impact on climate change. For example, the jump in earths’ population from 1950 through 1985 more than doubled from 2. 5 billion to over 5 billion. (Meyer, 1996: 24) The importance of this growth is a drain on the Earths’ resources causing even more altering. It is not as much the altering of these resources that are causing climate change but the type of human activities which are taking place, and the way in which they are impacting the climate. One major influence is increased waste and pollution as a result of burning more fossil fuels. The introduction of chlorofluorocarbons in the mid-20th century, which were used for refrigerants, solvents, and propellants, cause a reaction in the atmosphere that break down the ozone layer. (Meyer, 176) CFL’s and burning of fossil fuel create an added layer of insulation around the earth. Since the earth is naturally surrounded by gases the added human processes cause a phenomenon called the greenhouse effect. This is when these gases change and more heat from the sun is retained than before resulting in planetary temperature rise. Changing of seasons and somewhat consistent weather patterns are a normal occurrence on our planet. However, in the past 30 years there have been many natural disasters that can be attributed to climate change and global warming. Massive earthquakes which subsequently cause tsunamis, hurricanes wreaking havoc in areas they never before touched, volcanoes erupting years before the experts predictions and the melting of ice caps causing sea level rise. It is obvious that our normal weather patterns and temperatures have been and are changing. It wasn’t until 1938 when a Mechanical Engineer named Guy Stewart Callendar challenged the Experts. (Weart, 2) Callendar had confirmed more completely than anyone else that his data proved global warming was occurring. Global warming is not climate change but it is a symptom of climate change. Although, Callendar was not a meteorologist, studying weather patterns was his passion and with every spare minute he analysed all the data he could acquire. He showed through his research that as the industrial era was booming it was doing so while burning fossil fuels. These fuels were emitting millions of tons of carbon dioxide into the atmosphere and subsequently adding to the greenhouse effect and climate change. (Weart, 2) This was the first time in recorded history mankind was able to prove humans were damaging the Earths biosphere. Before the great baby boom of the mid-20th century and prior to the industrial revolution in the eighteenth century carbon dioxide levels were at about 265 ppm and today because of human processes it is about 392 ppm. (Pittock,7) Currently carbon dioxide in the atmosphere is increasing about 2 ppm per year and average world temperature is climbing in step with it. Many experts agree that 400 ppm of carbon dioxide will probably cause a temperature rise of about two to four degrees Fahrenheit. (Gossling and Upham, 3-4) If this occurs so many tipping points will have been crossed, or soon will be crossed, that climate change and global warming will become unstoppable, and the point of no return will have been passed. There are a number of potential sources of human activity that impact climate change. A major consideration is that of cause-and-effect, looking at the type of human activities which take place, and then examining the way in which they may be impacting on the climate in order to create change. Some examples are farming with the fabrication and use of fertilizers and pesticides, manufacturing with burning fossil fuels, deforestation, power stations, cars and other vehicles as well as aircraft. The impact from all of them is similar, with the proof being two points. First a hole in the ozone layer over Antarctica, which was discovered in the 1970’s. Second an increase in earths’ temperature of approximately two degree Fahrenheit. (Pittock, 78) There is also a potential for additional erosion of the ozone as a result of the continued use of hydro-fluorocarbons. Therefore, it is the output of this consumption process that is having an impact. The emissions made are also those that are seen to cause longer term damage to the ozone layer. The emissions also have an impact on the climate of the earth either directly or indirectly. Directly this includes the emission of carbon dioxide and indirectly the impact of jet aircraft in the way they emit water vapour in their contrails. (Gossling and Upham,42-43) In the late 1950s Walter Orr Roberts a leading astrophysicist noticed that cirrus clouds were forming daily over Boulder, Co. (Weart, 66) Orr observed that Jet contrails were mixing with the existing cirrus cloud formations to the point of not being able to distinguish between either. This phenomenon was occurring daily my mid-afternoon from the heavy airline traffic. (Weart, 66) The fuels used by aircraft are the main problems. Aviation fuel is made up mostly of kerosene, which originates from fossil fuels. (Gossling and Upham, 311) There are two main problems with the combustion of kerosene by the aircraft; the waste products they produce are major pollutants as well as the carbon dioxide and water vapour. Both of these have a negative impact on the atmosphere. (Weart, 132-133) If we consider the problem of carbon dioxide, it needs to be remembered that aviation fuel is only one source of this pollution, and as such, it is adding to the overall totals that are creating climate change and global warming. The creation of added clouds by water from jet exhaust adds to the global warming effect and climate change by trapping more heat in earths’ atmosphere. The increased amount of particles in the air that help trap the heat from escaping from the earth’s atmosphere are one of the culprits of the greenhouse effect. This has been achieved by pollution put into the atmosphere over the last century, most notably since the industrial revolution (Meyer, 37). Since then there has been a greater and greater amount of waste containing carbon, as well as other gases and chemicals, burned and released into the atmosphere. Also, during this time there has been large scale deforestation and the carbon that was contained in these large areas, locked away in the wood was then released directly into the atmosphere (Meyer, 60). The increase in carbon from the release due to deforestation alone is projected at accounting for 15% of the greenhouse effect between 1990 and 2025 (Meyer, 61). When we then consider the relatively high amounts of carbon in other deposits such as coal that is burned for power we can start to appreciate why the levels of carbon dioxide in the atmosphere are increasing. The earth’s atmosphere has always contained several types of gases. It also has a certain percentage of carbon dioxide and other greenhouse gases. (Meyer, 1996: 150) Carbon dioxide lets the short wave length radiation from the sun through and then the rays hit the earth and warm it. The earth re-radiates longer wave length heat radiation but the carbon dioxide won’t let most of this long wave radiation out again. (Pittock, 7) As carbon dioxide levels increase in the atmosphere, the more trapped heat and the hotter the earth gets. However, we need some carbon dioxide in the atmosphere otherwise all the sun’s heat would be lost and temperatures would drop by ninety one degrees Fahrenheit and we would quickly freeze to death. Therefore, the climate is being changed as a result of increasing levels of carbon dioxide and chlorofluorocarbons being placed into the atmosphere, which is helping to retain heat and as a result is having an impact on climate, increasing the temperature of the planet and impacting on natural processes. Under current conditions it is estimated that by the end of the 21st century global sea level temperatures could rise as much as thirty nine degrees Fahrenheit. (Gossling and Upham, 3-4) Obviously, if this happens life will once again recycle on planet earth.

Growing Importance of the Global Economy Essay

How has the growing importance of the global economy affected your organization’s competitiveness? The global financial crisis continues to be a severe shock to most enterprises. The initial economic downturn, the worst since the Great Depression, has affected almost all sectors of the economy. Everyone and every organization that has felt the pain. The company I work for serve the basic insurance needs of the fast-growing but largely under-served American middle income market. While many insurers have moved up-market, we are firmly committed to helping working families and retirees get basic protection through long-term care, life and supplemental health insurance products, as well as annuities How has your organization responded to this? My company offer consumer’s choice in how they buy insurance products. They can buy direct from Colonial Penn, which has special expertise in direct sales. They can purchase products across the kitchen table through career agents from Bankers Life and Casualty Company, independent agents of our Washington National Insurance Company unit or through its Performance Matters Associates marketing arm, both of which also offer voluntary benefit products to employees at the workplace. What recommendations would you make for your organization to improve its strategic decision-making? I would have consolidated and integrated all operations under a single resource with the goal of delivering improved customer service even as we reduced costs. A streamlined application and straight-through processing system has shortened customer and agent turn-around times and lowered application costs. 2013 CNO Financial Group, Inc. http//www.cnoinc.com

Tuesday, July 30, 2019

Extent to Which an Organization Meets the Objectives of Different Stakeholders.

A person, group, organization, or system who affects or can be affected by an organization's actions. † A â€Å"project stakeholder† is defined as â€Å"a person, group or organization with an interest in a project. † That could mean a sponsor (an executive, customer, supplier, agency, etc. that is sponsoring / funding the project), upper management, a project manager, and others. Whoever has a â€Å"stake† in the project? In order to perform good project management, you need to both manage and meet stakeholder expectations. The result of the project should match their expectations for what will be delivered at the end of the project.Why would an organization look at project management software to help them with that? Certainly project management software cannot in and of itself meet stakeholder objectives, but it is a tool that is in the Project Manager's arsenal to facilitate meeting objectives. Here are some ways that organizations use it for this purpos e: -Providing a mechanism for stakeholders to check on the status of the project (such as task and schedule completion). -Providing a collaborative platform to interact and view interactions, such as via a blog. Sending proactive reports, such as cost, schedule, and issue data. In addition, project management software can help the Project Manager and other managers ensure that a) the project team understands the stakeholder expectations (perhaps by having a project description or attaching a key project document), and b) the project team is currently on the right path to meeting those objectives. How you utilize project management software depends on your particular needs, objectives, and culture, but meeting stakeholder objectives is one way to demonstrate the value of a good tool.In order to meet its objectives, the organization needs to know the people and/or the groups affected by, or affecting, its work – the stakeholders. Knowing who your stakeholders are will help you to: †¢Understand the effects of your activities, whether they were anticipated or unexpected, positive or negative. †¢Identify, and then respond to, their concerns and the issues they raise. There are all kinds of ways of doing this – a list, a chart, putting people and organizations on a geographic map, or making a ‘mind map’ (a technique for arranging ideas and their interconnections visually)

Monday, July 29, 2019

Current Market Conditions Competitive Analysis_365 Essay

Current Market Conditions Competitive Analysis_365 - Essay Example First is the price that has an inverse relation, that means consumers want to buy more when the price is low, and will buy less when it is high. Next is the income wherein the effect of buying depends on the income. But this type of reasoning depends on the kind of commodity. For normal goods, as income increases demand also increase, and demand for product decrease as income lessens. Next is Tastes and preferences of consumers; Demand is also affected by consumers taste and preferences, particularly now, that consumers have become health conscious. Another aspect is the consumers’ expectations. When consumer anticipates a price increase, tendency is to stock up, because this is an expectation of what to happen. A demand for instance, is affected by weather, Consumption increases during hot weather, and decreases in winter. The dictionary has defined equilibrium price as the quantity of goods buyers are willing to buy and the quantity of goods sellers are willing to sell. The equilibrium price is found in a diagram where supply and demand interacts . P1 and Q1 are the points of equilibrium where supply = demand. At any price above P1, supply exceeds demand price below P1demand exceeds supply. (tutotr 2u) Target market of the new Cola drink is the American consumers, who, according to Huffpost Healthy Living, (05, July, 2012), half of the number of American surveyed, drink soda on a daily basis, with an average of 2.6 glasses. Study of Diechert, Mehga, et. al ( Feb 22, 2006)shows soft drink industry has a market share of 46.8 % that competes with that of non-alcoholic drink Business wire( February 04, 2011) estimates soft drinks’ global market to have a volume of 465.4 billion liters, which is an increase in the consumption of 16.7% since 2006. Clearly, this is an indication that the soft drink industry is still strong and a profitable industry. Outside U.S., there is an indication that Coca-Cola does not retain sales

Sunday, July 28, 2019

The Hybrid Status of Immigrants Essay Example | Topics and Well Written Essays - 500 words

The Hybrid Status of Immigrants - Essay Example When a person happens to live in another community, which has different characteristics than the one he or she is born into, the individual becomes forced to accept some traits of that community and thus assumes a mixed personality. Immigrants, who migrate from their nation of origin to another country in the pursuit of education, job opportunities or business purposes, hence will become hybrids as they latently possess the characteristics of their original culture and absorb some aspects of the new culture. While this transformation has its rewards, it plunges them into a state of belonging neither here nor there and forces them to live between two cultures and worlds. The essays, â€Å"Mother Tongue,† by Amy Tan and, â€Å"To the Border,† by Richard Rodriguez, deftly illustrate the torment of immigrants as they deal with the consequences and dangers of living between worlds. Amy Tan dwells on the issues that language creates for an average immigrant in the new land, w here he or she migrates to. Most of the times either they are unable to understand the mechanics of the new language or they cannot completely eschew the nuances of their original language and its cultural impacts. Tan, from her personal experience show that the people in America look down on immigrants, who are not capable of speaking the language as the natives do and hardly listen to them or assist them. Her mother, who speaks â€Å"broken or fractured English† in the US, confronts a lot of problems because she cannot converse with the natives in a befitting style (Tan, p.2). Her stockbroker ignores her demands and delays sending her the check because she is not able to talk to him properly.

Saturday, July 27, 2019

Is less student purchase text books from school book store. Why or why Essay

Is less student purchase text books from school book store. Why or why not - Essay Example While indicative of the changing trend in the overall consumer purchasing behavior, the findings reveal the more immediate threat that the on-campus bookstore is facing. In the changing circumstances, the management needs to re-align its core business of selling with technology. This paper and the research undertaken by the author are aimed at discovering the book-purchasing habits of the students, and also endeavors to find out the possible reasons for their reluctance to buy from the on-campus bookstore. The above objectives were sought to be achieved through a primary research, using a close-ended questionnaire on a sample of 50 students. A literature survey was also conducted to establish how the consumer behavior is being modified by e-commerce, and how other bookstores are coping with the change. The author has observed, personally and through his interactions with his colleagues, teachers and staff, that there has been a debilitating trend in the book-purchasing behavior of students buying books through on-campus bookstores. The requirements of college course-work have become more and more challenging, and a student is continuously facing the daunting challenge of coming up with exemplary references in his papers. Not only he needs access to a gamut of the prescribed books, he also needs to embellish his work with sources, not yet available through his local campus. Online Libraries and online book vendors provide a cheaper and faster alternative for the academic needs of the students. M-commerce and e-commerce are making forays into the academic life, making available to him an array of study material, books, and journals right at his doorstep. There has also been a revolution in the availability of free information online – through search engines like Google and Yahoo, a student can get access to whatever data he needs while sitting at home. In addition to the changing economy (the IT boom, availability

Friday, July 26, 2019

What Factors Contribute to Cost Increase in Higher Education Research Paper

What Factors Contribute to Cost Increase in Higher Education - Research Paper Example According to the US statistics shown by Institutional Characteristics Survey tuition fee charges remained relatively stagnant in the 1970s. But there was a considerable increase in fee charges between 1980 and 1990. This increase not only had a great effect on the student and parents but also on education policymakers. In the same survey, it was noted that rate of increase was greater at public institutions as compared to private institutions. Despite increase in tuition charges, number of students continuing on to higher education after finishing their high school has raised from 49% in 1980 to nearly 62% in 1993. During 1992-93 full-time students attending a public school received financial aid on an average of 29%. The aid was greater for families with poor income about 80% and less for high-income families about 10%. (Livingston 1995).Some enthusiast believes that higher education should be free. Many would agree that this statement is misconstructed. Even though sometimes consum er may not have to pay for a product but someone else in the background is bearing the cost. Going through a lot of literature I realized that it has been debated extensively but the question is still the same: who should pay?. Before we can answer this question we need to understand different policies which provide the revenue that fuel the education system. The most common and classical model is General Tax system. In this policy, the funds are collected via general taxes imposed on every individual of the country.

Thursday, July 25, 2019

Lewis Nordan's Wolf Whistle account of the Till Murder Essay

Lewis Nordan's Wolf Whistle account of the Till Murder - Essay Example He claims that his "racial identification with the murderers" troubled him and that he felt "by race and geography [...] somehow implicated." He adds, "[M]aybe I believed that as a white guy who knew the [murderers] and never spoke out against the injustice, or even asked a question about it at the dinner table, it was simply not my story to tell". Eventually he realized that he could use his fiction to explore his feeling of implication and the society in which he feels so implicated. In Wolf Whistle, he has written what he calls "the white trash version of the Emmett Till murder": " [...] the story of the people who were on the periphery of this terrible thing, who didn't know what was going on, didn't quite understand their own culpability in the situation". Nordan's project in Wolf Whistle has an affinity with that of Toni Morrison and other social theorists and literary critics who in recent years have begun to turn the gaze of race theory toward the construction of white identity. A brief examination of their contributions to the field may help us to understand better Nordan's novel. In Playing in the Dark: Whiteness and the Literary Imagination, Morrison describes her project as "an effort to avert the critical gaze from the racial object to the racial subject, from the described and imagined to the describers and imaginers" and to "examine the impact of notions of racial hierarchy, racial exclusion, and racial vulnerability on nonblacks who held, resisted, explored, or altered those notions". Morrison proposes not to treat whiteness in American literature as natural and self-sustaining but rather as something "sycophantic", constructed, contingent on an Africanist presence. She hopes to refute the conventional wisdom that "because American literature has been clearly the preserve of white male views, genius, and power, those views, genius, and power are without relationship to and removed from the overwhelming presence of black people in the United States". Many other literary critics have taken up Morrison's cause and have reexamined the American literary canon with a different gaze. Jerry Phillips discusses how "certain literary texts illuminate the pedagogy of whiteness, the way one learns to experience oneself as a member of the 'white race'" and goes on to discuss a few of the "countless ways in which United States literary works aided in the naturalization of whiteness". Phillips argues that "we critics should commit ourselves to illuminating issues of contingency, historicity, and arbitrariness" in the construction of whiteness. Rebecca Aanerud calls for "the development of a critical reading practice that foregrounds the construction and representation of whiteness and will challenge the way in which many texts by white United States authors are complicit with the discourses of white supremacy". She further argues that "Whiteness, like race in general, cannot be understood simply as a natural phenomenon [...]. The recognition of whiteness as not a set fact--that is, having white skin--but instead as a product whose meaning and status must be sustained by a process of reproduction along pre-established lines is crucial to an interruption of whiteness as the status quo". Phillips and Aanerud also lay the burden of deconstructing and decentering whiteness at the feet of literary

Class Relationships in US Essay Example | Topics and Well Written Essays - 500 words

Class Relationships in US - Essay Example This war turned out to be the biggest war in the history of the world, named as Civil War (Tripp). Civil war was the longest war to be fought; it took five years for American authorities to overcome this war. The central point of this war was the slavery system of black people, and the domination of white people. Civil war pushed America to reconstruct the whole nation of America by bringing them together. The nation’s unity and the new laws regarding the system of replacing slavery and the status of slaves took into consideration. The slavery system was abolished and the black people were given the freedom to utterly claim their-selves as the citizens of America, likewise the whites. The African American identity was allotted to the black nation of US. The blacks were given equal rights to contribute in the elections by voting for their preferred leader, by the US government. The statuses of the slaves were taken care of by giving four million of them the identification of being called as American citizens. Civil war stood out the nation power more superior to the state g overnment. After the Civil War, US nation endured unity and the US quickly became the primary economic power in the world. When we see the US today, it gives us the clear picture of a complete new reformed America. Zero class discrimination is being seen. There is seen to be a strong & equal bounding between blacks and whites. After the coming of Barack Obama the place of class has been changed. The coming of African American President is the proof of present class status of America. Laws are developed in the favor of blacks, for the protection of their rights. With time white has started to equalize themselves with Blacks, but on the basis of religion the issue is still in light. Slavery of Black people has overcome finely. We can see blacks in every industry. Blacks are much motivated to join US army, Hollywood & politics. Blacks are treated equally as

Wednesday, July 24, 2019

Harley Davidson Strategic Analysis Essay Example | Topics and Well Written Essays - 3000 words

Harley Davidson Strategic Analysis - Essay Example To comply with the US company law, Harley Davidson has adopted various trademarks and logo such as H-D, Harley, the motorClothes, V-Rod and Harley Owners Group among others. Economic factors Despite the recent economic downturn that affected local and international companies, Harley registered remarkable sales and growth of its stock prices an aspect that created a strong trust from the shareholders. According to Harley Ziemer, the company has put in place effective monetary strategies thus making it to be recession-resistant and not recession proof. Social factors One of the notable social factors that Harley Davidson has adopted is the safety of its brands. To curb the high number of accidents that caused high rate of deaths in 2000, the company initiated Rider’s Edge, an instruction program that was spearheaded by the dealers. In this way, riders were trained on how to use the company motorcycles to reduce the number of accidents on the highways. Technological factors To me et the high demand of its products, Harley Davidson emulates innovation through intensive research and development. For example, the establishment of 43,000 square feet Buell research and development facility has made the company to increase its production significantly. In the same way, the company has continued to allocate significant funds to cater for research. For instance, in 2001 the company spent $80.7 million towards research while in 2000 and 1999 it spent $75.8 million and $70.3 million respectively (Wheelen et al, 2002). Environment factors Based on the environment control requirements by the federal local and state authorities, Harley-Davidson has registered with US Environmental protection Agency (EPA). In this way, the company has adopted the rules that are put in place by the State of California Air Resources board to deal with the issues of noise and harmful emission. Legal factors Despite the various legal suits that has faced the company such as the 2001 class act ion in Milwaukee County, the company has initiated strong legal department to deal with issues that may jeopardize its operations. For example, after the purchase of the Pennsylvania production facility, the company in collaboration with Pennsylvania Department of Environment Protection has initiated investigation and feasibility studies to analyze the impact on the facility on the lives of the neighbors and customers. Porter 5 forces Despite of its extensive marketing strategies, Harley Davidson is likely to face stiff competition in the market. Some of the major competitors are Honda, Suzuki, BMW, Kawasaki and Yamaha. The company low and competitive prices have been not only influenced by the market forces but also by the bargaining power from the customers. Being one of the Porters 5 forces, bargaining power of the suppliers has an impact on the Harley Davidson sales. This is based on the fact that the company has created a strong link with its suppliers in order to reduce the co sts of raw materials. To deal with the competition in the motor cycle industry, Harley Davidson has adopted various advertising avenues including magazines, television, direct-mail advertising, cooperative programs as well as public relations. According to Joanne, the company marketing vice-president, Harley Davidson has strong marketing strategies that will drive the company towards achieving its goals in the next 100 years. One of the major opportunities for the company is the elimination

Tuesday, July 23, 2019

Descarte's and Hume's answer to Russell's question Essay

Descarte's and Hume's answer to Russell's question - Essay Example His obsession in geometry, made him believe in certainty because geometry always gave a certain answer and not imaginations (Hattab 2007, p.51) He invented certainty basing on his logical doubtful whereby he doubted the existence of everything around him. He never imagined that something existed instead he had to be sure of the existence of that element by questioning. As the inventor of certainty, Descartes questioned the origin of his background and if really, God existed. Hume, on the other hand, is in total opposition of what Descartes thinks. He objects Descartes ideas and views certainty, instead he proposes uncertainty since according to him, all that is defined and perceived are just but ideas and impressions and not the real thing, he does cynical thinking about reality. In other words, Hume distinguishes between the relationship of ideas and facts (Waldow 2009, p.19). Therefore, unlike Descartes, Hume’s criticism on doubt and knowledge are based on how to tackle unce rtainty and this drove him towards the principles of acceptance and tolerance. Descartes as the founder of doubt advocates that human beings should not accept anything they are not sure of, for example, he critics the discoveries of Copernicus, which undermined the earlier traditions, by questioning the views, sources and origin of the modern culture. His critics are considered the major turning point towards the western philosophy. His thinking and ideas on certainty are opposed and condemned by other philosophers. They argue that Descartes’ arguments are based on the ideas he is sure of (Loeb 2010, p.14). They say that people can make mistakes thinking that something is right but without their knowledge they have made a mistake. According to Descartes, this where doubt is applied because many people jump into conclusion without distinguishing what is certain and what seems to be certain. Certainty, according to Descartes therefore, is not just a feeling, but a deeper feelin g that one has no doubt upon. He disagrees with other philosophers by saying that distinctiveness and clarity are the main principles of certainty, and should be obvious in the mind. Hence, certainty according to Descartes is tested by reason and can never be otherwise. He believes that certainty establishes truth meaning anything that means otherwise is never true. Because of his philosophical approach towards knowledge, Descartes is described as the founder of knowledge. Descartes’ main objective in his philosophical work was to establish new ideas in people’s mind and he succeeded because most modern philosophers support his enlightenment and rationalism. There is a big contraction in Descartes’ philosophical work. On one hand, he doubts the existences of everything around him, on the other hand, he is depicts himself as a normal child like any other child in the society living under the same traditional conditions. His contradiction is clearly seen when he c ritics every element about his philosophical background, in contrary, he lives in the same society he critics about. Likewise, in Descartes’ doubts in the existence of God, he accepts his existence in order to overcome the many questions about the origin of human race and ideas. This means that Descartes could never live without certainty giving him a certain response to philosophy. Hume’s criticism, doubt and knowledge on how to tackle uncertainty, drove him towards acceptance and tolerance (Clark 2009,

Monday, July 22, 2019

Importance of Learning Asian Languages Essay Example for Free

Importance of Learning Asian Languages Essay If I asked an English speaker, â€Å"Hello, how are you?†, the answer almost invariably will be â€Å"I’m fine, thank you†. This brief dialogue itself establishes a relationship between the two people. It not only stands proof of the two individuals’ ability to speak English but also their collective ability to converse in a common language. From the very beginning a certain level of trust is created as both persons can comprehend what the other is saying and thus, within the limitation of his or her expression, know what the person is thinking. With this also comes fluency in the conversation and in the vocalization of ones thoughts. Not only does this make the interaction faster, it also allows both persons to speak their mind freely and without much hesitation. Now instead, think of a French speaker asking â€Å"Commo à §ava?†, his translator translating, â€Å" How are you?†, the English speaker answering, â€Å"I’m fine, thank you† and the translator translating back, â€Å"Je suis bien, merci†. Quite evidently, the conversation becomes longer and quite tedious. But beyond that, the two individuals also feel a disconnect, as neither of them know for sure what the other is saying. The existence of the middleman disrupts the trust that would otherwise be established in the relationship. Also, both individuals hesitate and think twice before saying anything, pondering its interpretation in the other’s language. The purpose of the above examples is to show the benefit of conversing in a common language. If there is such a radical difference in communicating so briefly, the differences in longer and more complex conversations will be drastic. A common language gives the individual more access, establishes trust and therefore gives the individuals power. Throughout history we have witnessed expansion of various empires and in the process interaction of societies speaking different languages. Examples can be taken from the invasions of Indian kingdoms by the British Empire, British colonization of Australia or from the forceful inhabitation of Native American lands by the European immigrants while USA was being founded. The pattern in all these has been the same. The invaders start from trade. Through this they learn about the native people’s society and culture. Language is an inevitable need of trade and so the foreign traders learn the local language and the natives learn the tradersà ¢â‚¬â„¢. Slowly this gives the invaders access to the local community and gradually colonization takes place. Thus, we see how language gives power. Even in the current scenario, things have not changed a lot. Although the purpose of knowing a foreign language may not be to take over another country, language still gives the individual who speaks it an immense amount of power. It is so in all aspects of the word, the more people you can communicate with, the more are your chances to succeed. This power is exactly what the Australian Prime Minister Julia Gillard wants the citizens of Australia to have. Asia is progressing rapidly, but why would Australians knowing Asian languages â€Å"power Australia into the world’s top 10 wealthiest nations by 2025†? This is because as Asian countries progress and become global leaders, due to their economic and populous advantage, a large part of the world’s business will be conducted with or through them. India and China consist of 5/14th of the world’s population and this population spreads around the globe, knowing Mandarin or Hindi will give the speaker a great tactical advantage in an increasingly competitive world. But you may ask that if a common language is the only thing attracting Australia to have its citizens learn languages like Hindi and Mandarin, what’s wrong with their native English itself? The answer to this has two sides. The first is that English is becoming an increasingly global language and in the coming days, everyone who will do business with the Asians will almost definitely know English. In such cases, having a common language will not be enough. Knowing their native language and establishing an intimate relationship is what will give the language speakers an edge over the others. The other side is that as evidently seen today, a large percent of the Indian population speaks English and in terms of the people who do business, all of them speak English. But in the case of the rest of eastern Asia, few people, even in the corporate world speak fluent English. These aren’t baseless claims. There are various reasons behind this phenomenon such as the British rule over India for over 200 years, the mostly secondary sector development of countries like China and Japan and India’s global dependence for its services export. Since the beginning of British rule in India, many Indians have been learning English to facilitate themselves to get better jobs in the British government. Even after independence, English remained deeply incorporated in the Indian education system. Thus, English was never introduced to Indians as a global language learnt to facilitate communication as is being done now in various countries. It was imposed on on Indians as a necessity to survive in the British common wealth. This is why even the Indian lower middle class knows a moderately good level of English. Also, as India has developed, its tertiary sector has developed tremendously, specifically in the field of Information and Technology. The blooming IT industry far outmatches the demand for IT services in India and therefore there is a need to outsource these services. Thus, interaction of the average Indian with the outside world has increased and so has his need to speak English. As opposed to this, countries like China and Japan have seen the most development in the secondary sector. With the highest population and cheap labour, China has become the manufacturing hub of the world. But this surge in the manufacturing sector has resulted in only the entrepreneurs of these countries being in communication with the rest of the world. Their laborers, with no need to communicate with people outside the country, have found no need to learn English. As these Asian superpowers rise, the existing world leaders relatively decline in their economic and political status. With this in mind and considering that the whole of Europe barely amounts to half the population of China, learning learning Asian languages will be much more advantageous that learning European languages except for specific purposes. One could argue that some European languages like Spanish and French could be used in communication in earlier Spanish and French territories like South America and Quebec but this wouldn’t provide any advantage considering the economic and populous strength of Asian countries. Although all the pros favor learning Asian languages, it isn’t such an easy task, especially for a country that has been under British rule and speaks English that has a completely different script than any of the Asian languages. In this aspect it would be easier for students in Australia to learn European languages, as the script is the same as English. Another factor affecting the foreign language Australians would prefer to learn is their ancestry. Most of the Australian population consists of European immigrants who moved to Australia during the British rule. Many of these immigrants now in the 4th or 5th generation after the migration see a loss of culture in the generation following them and therefore would prefer that their children learn their mother tongue and be well rooted in their origins. Although a valid argument, people need to make a conscious choice between the past and the future. Learning their original European languages may give them a better taste of their own culture but by doing that, they are possibly depriving themselves the chance of a better future. Even the aspect of education is quite debatable. It is a well-known scientific fact that as you grow older, your ability to learn different languages decreases. The language learning agility during childhood allows children to master various languages irrespective of the differences between them. I myself have learnt English, French and Spanish, all having the same script while also knowing Hindi and Gujarati, both of which follow a different script than that of European languages. There are people out there who know various languages from many scripts and you don’t need to be a linguist to learn them, you just need to be a kid! This unconventional tactic to teach Australian citizens Asian languages could prove to be a great advantage to learners in this Asian century and could facilitate Australia to make it one of the ‘top 10 most wealthiest countries by 2025’ which, as stated by Julia Gillard, the Australian Prime Minister, is the primary goal of this initiative. To materialize this goal will take a lot of effort and will put a great toll on Australia’s education budget. If achieved though, Australia won’t be far behind the Asian giants in the coming global race.

Sunday, July 21, 2019

Development of Electronic Data Flows

Development of Electronic Data Flows 1. Introduction The current development on the flow of electronic data, especially those relating to personal data across nations is increasing daily. Most of the flows are related to business activities whereas services are provided to fulfill the needs of people. It also leads to the transformation of commerce, which becomes worldwide and increasingly international. The transfer of huge quantities of data, relating to customers and employees, are required and often occurred among entities that located in different countries. An example would be the system of outsourcing, a practice in which companies and governments hire an external service provider in another country to deliver a program or provide a service, such as managing database of human resources or customers. This can often result in improved efficiencies and levels of services. Further, the advancement of global networks, such as the internet, provides the possibilities to collect, process, and distribute personal data on an unprecedente d scale. However, the trans-border flow of personal data is not only performed by companies or governments but also conducted by individuals in everyday life as well. When the data is used by companies or government, this can represent a high volume of data, such as in the form of the transfer of databases. There will be a quite different volume of data when it is provided by individuals when they disclose their personal data while participating in particular activities, such as browsing the internet or registering on various websites to obtain certain services. Additionally, there is a strong possibility for individuals, who are engaging in data transfer activities to lack of full awareness concerning what could be done to their personal data. In some instances, they do not realize that they have disclosed their personal data and it is subject to transmission and processing within countries not offering the same level of protection as their own country. For example, a student physically located in the Netherlands may complete an online game registration form, containing several spaces soliciting his/her identities, not knowing that the actual service provider is registered in India. Another example, a social worker residing within the United Kingdom might disclose his/her personal data on a web application for an internet banking service provided by a bank based in the United States. From the short description above, the trans-border flow of personal data exists in everyday life on a daily basis and it becomes a vital need of every stakeholder, whether governments or private sectors, including individuals. Nevertheless, while the flow has led to greater efficiencies and economic benefits, on the other hand this kind of flow has also raised concerns that some information could end up in the hands of people for whom it was not intended. Worse even is the situation when no one has realized the flow has taken place, spawning a great opportunity for infringement upon ones privacy rights. Some rules concerning privacy and data protection have been set up at national, regional, and international levels to guarantee privacy as one of the human rights is not harmed by any activity, including data processing as the final purpose of trans-border flow. Consequently, the trans-border flow of personal data has to be conducted in a lawful manner. In this respect, a legal framework on trans-border flow of personal data has been enacted in Europe by the European Commission (EC) under two directives. The first one is Directive 95/46/EC concerning the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data. This Directive has been further equipped by the second directive, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). In relation to the research objective of this thesis, Directive 95/46/EC is the most relevant and therefore, Directive 2002/58/EC will be referred to when necessary. It should be noted that whenever a term the Directive is being used in this thesis, the term shall refer to Directive 95/46/EC. Under the Directive, a main rule concerning the trans-border flow of personal data has been set up. These include the obligation of data controller to use personal data for specified, explicit, and legitimate purposes, to collect only relevant and necessary data, to guarantee the security of the data against accidental or unauthorized access or manipulation, and in specific cases to notify the competent independent supervisory body before carrying out all or certain types of data processing operations. On the other hand, there is a series of rights for individuals as data subject, such as the right to receive certain information whenever data is collected, to access and correct the data, and to object to certain types of data processing. Nevertheless, all of the practice of these rights and obligations present a significant problem when the trans-border flow of personal data takes place from the European Union/European Economic Area (the EU/EEA) Member States to countries outside the EU/EEA, for the reason that the Directive requires an adequate level of protection in the destination countries. The transfer of personal data to a third country is prohibited when the third country does not have an adequate level of protection to ensure that the processing of personal data will not cause any violation to the rights of data subjects. The binding power of the Directive to the EU/EEA Member States requires each of the Member States to embed the provisions in the Directive into their national legal system. Thus, there is a free zone where trans-border flow of personal data can take place freely among the Member States because they provide the adequate level of protection. Any approval, adequate safeguard, or additional requirement is not necessary to any further extent. As far as public international law is concerned, by applying the extra-territoriality principle, the requirement of the adequacy is automatically fulfilled at the official representatives of the EU/EEA Member States in the third country, such as the Embassy or Consulate General because of the extended jurisdiction of the Member States. However, this principle is not extended to private sectors, since subsidiary offices of multinational companies, still have to abide to the national law in the third country although the base of operations of the company is located in the EU/EEA Member States. In this case, the adequate level of protection is still required even though the transfer is conducted internally among the subsidiaries of the company located in third countries. Currently, the EC has conducted some adequacy findings and has compiled a white list of countries providing an adequate level of protection. This approval means the trans-border flow of personal data can take place as in the free zone between the EU/EEA Member States. However, to date, the white list covers a limited list of countries, seven to be exact. This list might not prove too sufficient from the point of view of multinational companies in accommodating their interest, as it does not include many countries of growing commercial interest. From this point of view, there is a need to harmonize various privacy and data protection regulations in many countries through the establishment of an internationally congruent legal framework for privacy and data protection. Unfortunately, it will take some effort and time for the establishment, while a fast solution is needed. By considering the Directive thus far the strictest legal framework compared with other existing legal framework on privacy and data protection, obviously, there is a need for countries outside the EU/EEA Member States to improve their legal framework to become compliance with adequate level of protection requirement under the Directive. Since Indonesia is neither a Member State of the EU/EEA nor included in the white list of adequacy finding, the requirement of adequate level of protection is applied to Indonesia as a third country. The trans-border flow of personal data only can take place after the data controller is certain that the protection level of personal data in Indonesia is adequate under the Directive. Apparently, Indonesia is needed to criticize, whether or not its legal framework providing an adequate level of protection. Moreover, Indonesia as a Member State of the Asia-Pacific Economic Cooperation (APEC) has received a pressure to provide a sufficient level of protection on trans-border flow of personal data, in relation to the existence of the APEC Privacy Framework. This pressure has become heavier because of Indonesia position as the Association of South East Asian Nations/ASEAN Member States. Therefore, the main objective of this thesis is to examinehow Indonesia can improve its legal framework to comply with the adequate level of protection in view of Directive 95/46/EC. Conducting this examination is important in determining ways Indonesia might be developed into an attractive destination country for international commerce activities. In order to answer the objective of this thesis, three research questions have to be answered: firstly,currently, why Directive 95/46/EC is being acknowledged as the strictest legal instrument concerning privacy and data protection on conducting trans-border flow of personal data compared with other existing legal instruments. Secondly, how the European Commission determines the adequate level of protection in the third country in question under Directive 95/46/EC. Then, thirdly, to what extent legal framework of data protection in Indonesia measures up to the adequate level of protection in Indonesia under Directive 95/46/EC. In line with the effort to answer the first research question, this thesis will try to identify any possibility for improvement towards the current adequacy finding system. Hence, a balance accommodation might be obtained and maintained between the one who requires the adequate level of protection and the one who has to fulfill it. This thesis will be structured as follows. The first chapter is the introduction in which the objective of this thesis is explained. In the second chapter, there will be a brief comparison between the Directive with other legal instruments concerning privacy and data protection. Afterwards, some explanations on the requirement of the adequate level of protection in the light of the Directive will be provided, including the measurement to be used in conducting the adequacy finding and will explore any possible solution if there is no adequate level of protection in the third country in question. Further, this chapter will cover the current problems within the Directive as well as possible suggestions to overcome them. Thus, answering the first and second research question. In the third chapter, relevant issues surrounding Indonesian legal framework will be discussed, including a brief explanation on how Indonesia regulates privacy and data protection as well as a number of the difficulties experienced in doing so. The findings in the second and third chapters shall be employed to carry out the examination in the fourth chapter, which objective is to answer the third research question. The chapter serves to analyze the adequate level of protection of Indonesian legal framework by applying the measurements in the light of the Directive. The analysis will include various potential problems faced by Indonesia on its effort to improve protection of personal data along with several suggestions on how to overcome them. At the final stage, there will be a conclusion, to what extent Indonesia can be deemed as providing an adequate level of protection. As a result, a solution on how Indonesia might improve its legal framework under the Directive to both avoid a lack of protection and offer an adequate level of protection will be achieved. 2. The EU Legal Framework regarding trans-border flow of Personal Data The trans-border flow of personal data is stipulated by regulations concerning data protection. Since the early eighties, several regulations, drawn up by different organizations, have been published in this respect. The first initiative was performed by Organization for Economic Co-operation and Development (OECD) by establishing the Guidelines on the Protection of Privacy and Trans-border Flows of Personal Data (the OECD Guidelines) in 1980. The intention of the Guidelines is to prevent any conflicts between national laws, which can hamper the free flow of personal data between the OECD Member States. This establishment brought an awareness of the importance protection of the trans-border flow of personal data. A similar purpose with the OECD Guidelines has brought the Member States of the Council of Europe (the CoE) to publish a convention on their interest in the following year. They agreed that it is needed to reconcile the fundamental values of the respect for privacy and the free flow of information between them. The agreement is stated in the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CETS No. 108), with purpose to take into account the right of privacy and the increasing flow across frontiers of personal data in regards of automatic processing, as a way to extend the safeguards for everyones rights and fundamental freedoms. In 1990, by considering the UN has more Member States compared with the OECD and the CoE, Guidelines concerning Computerized Personal Data Files (the UN Guidelines) was established as a way to bring the principles on privacy and data protection being implemented wider among countries. The UN General Assembly through Resolution No. A/RES/45/95 on 14 December 1990, requests the Governments of every Member States to take into account this Guidelines in their legislation. Further, the governmental, intergovernmental, and non-governmental organizations are also requested to respect the Guidelines in carrying out the activities within their field of competence. Nonetheless, the OECD Guidelines, the CETS No. 108, and the UN Guidelines still have some weaknesses. There are some principles of data protection, which are required to be embedded in national laws of each of the Member States but there is no means for ensuring their effective application. For examples, there are no supervisory authority provision in the CETS No. 108 and a lack of procedural clauses in the OECD Guidelines. In another case, concerning the binding power of the instrument, the OECD Guidelines is voluntarily binding to its Member States as well as the UN Guidelines, even though the UN Guidelines has the supervision and sanction provisions. Therefore, Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of Such Data has been established by the European Union (the EU) to overcome the limited effect of the two Guidelines and the Convention as mentioned above. Good level of compliance, support and help to individual data subject, and appropriate redress to the injured parties are the means used by the Directive for ensuring the effective application of the content of the rules. Apart from the compliance issue, the obligations and rights set down in the Directive are built upon the OECD Guidelines, the CETS No. 108, and the UN Guidelines. These three legal instruments contain similar principles, except for lawfulness, fairness, and non-discrimination principles are from the UN Guidelines; and special categories of data and additional safeguards for the data subject principles are from the ECTS No. 108. While the rest of the adopted principles are collection limitation, data quality, purpose specification, use limitation, security safeguard, openness, individual participation, and accountability. Further, the aims of the Directive can be seen from two perspectives. The first one is the economical perspective, in relation to the establishment and functioning of an internal market, in which to ensure the free movement of goods, persons, services, and capital, including the free movement of personal data. The second is from the fundamental rights perspective, in which to set the rules for high-level data protection to ensure the protection of the fundamental rights of the individuals. The newest legal instrument concerning privacy and data protection is the APEC Privacy Framework 2004 (the Framework), established by Asia-Pacific Economic Cooperation (APEC). The purpose of the Framework is to ensure there are no barriers for information flows among the APEC Member Economies by promoting a consistent approach to data protection. There are nine principles in the Framework that are built based on the OECD Guidelines. In brief, the adopted principles are preventing harm, notice, collection limitation, uses of personal information, choice, integrity of personal information, security safeguard, access and correction, and accountability. However, this Framework has the same weakness as the previous legal instruments on privacy and data protection before the Directive, which is the absent of means for ensuring the effective application of the principles. Additionally, it should be noted that APEC is a forum that established based on a voluntary basis, without any constitut ion or legally binding obligations for the Member Economies. Hence, the Framework is not binding to the Member Economies. From the brief analysis above, currently, the Directive posses the highest level of protection compared with other existing legal instruments on privacy and data protection. In this respect, to achieve the objective of this thesis as stated in the first chapter, the research questions will be answered by focusing on the Directive. Therefore, in the next section, there will be an explanation on the legal bases of trans-border flow of personal data to third countries under the Directive, followed by a rationalization on how the European Commission (EC) determines whether or not an adequate level of protection exists in the third country in question. Subsequently, the means for ensuring the effective application of the content of rules will be elaborated upon a description on a series of possibilities if the third country in question is not deemed to provide an adequate level of protection. Although currently, the Directive provides high-level of protection, some problems and suggestions will be provided, as an effort to address input for improvement. The findings in this chapter will be used to carry out the adequacy finding of Indonesia as a third country (in the fourth chapter) by doing a comparison with the findings on Indonesian legal framework in chapter three. 2. The Legal Bases of Trans-border Flows of Personal Data to Third Countries The trans-border flow of personal data to a third country to be acknowledged as lawful, it has to be conducted in accordance with the national data protection law of the EU/EEA Member States. It is applicable to the data controllers established in the EU, both at the time when data is being collected and processed. In general, the law consists of a combination between the obligations of data controllers and the rights of data subject. Before the establishment of the Directive, these rights and obligations were regulated under some national data protection laws with different level of protection. In the light of the functioning of internal market in the EU/EEA, all these obligations and rights, including certain procedures to be applied in case of trans-border flow of personal data to a third country, are regulated in the Directive. Whereas the Directive is legally binding to the EU/EEA Member States, an adequate level of protection is fulfilled and consequently trans-border flow of personal data is able to take place among them. Further, when the personal data is used for electronic communication purposes, then the rights and obligations as lay down in Directive 2002/58/EC shall take place. There are three possible types of transfer under the Directive. The first and second types are a communication of personal data by a data controller based in the EU/EEA Member States to another data controller or to a processor based in a third country. Another possibility type is a communication of personal data by a data subject based in the EU/EEA Member States to a data controller based in a third country. Nevertheless, it should noted that the Directive does not cover transfers of personal data in the course of judicial and police cooperation activities falling within Titles V and VI of the Treaty on European Union. The main regulation in the Directive concerning trans-border flow of personal data to a third country is Article 25. The first paragraph of the Article sets out the principle that the EU/EEA Member States shall allow the transfer of personal data only if the third country in question ensures an adequate level of protection. From this provision, it is necessary to explain further on the subject of the transfer of personal data and an adequate level of protection. First, what the Directive means by the transfer of personal data. Undoubtedly, it is often associated with the act of sending or transmitting personal data from one country to another, for instance by sending paper or electronic documents containing personal data by post or e-mail. By seeing from a different perspective, the situation where one conducts a certain activity with the purpose to make data available for others, besides the owner of the data (the data subject), and located in another country, is included as a trans-border flow of personal data. However, by making data accessible for everyone who connects to internet by uploading any personal data on internet web pages, even though that person is located in another country, is not included in the meaning of transfer of personal data to another country. The reason for the previous statement is this kind of activity is properly acknowledged as publishing activity, not transferring activity. This exception is stated clearly by the Court of Justice in the Bodil Lindqvist Case as there is no transfer of personal data to a third country where an individual in a Member State loads personal data onto an internet page making those data accessible to anyone who connects to the internet, including people in a third country. Subsequently, since the Directive is binding to 27 EU Member States, including three countries (Norway, Liechtenstein, and Iceland), which are bound by the Directive by virtue of the European Economic Area agreement (EEA), personal data can flow freely among them. In other words, there is a free zone among the EU/EEA member states. Therefore, transfer in the light of the Directive has to be seen as transfer of personal data from EU/EEA member states to other countries outside EU/EEA, which are recognized as third countries, and the adequate level of protection in those third countries has to be assessed. There is a so-called white list of countries, which have been assessed by the EC and affirmed to provide an adequate level of protection according to the Directive. Currently, the list consists of seven countries as follows: Argentina, Canada (limited to private sector data), Switzerland, United States (Safe Harbor and specific type of transfer: Passenger Name Record/PNR), the Bailiwick of Guernsey, the Isle of Man, and the Bailiwick of Jersey. The approval of adequacy shall be analyzed more carefully because once a country is listed in the white list, does not automatically mean that personal data can flow to the country freely. One should pay attention whether the affirmation is given for the entire legal framework or only for certain part of it in a specific field, sector (public or private), or regarding a specific type of transfer. Insofar, even though the result of adequacy finding shows that the data protection level in certain countries is not adequate, the EC will not create a black list for that negative finding because of political consequences. Instead of the black list, the EC tends to enter into negotiation with the certain country in order to find a solution. It can be concluded from the foregoing, that the adequacy finding is temporary and subject to be reviewed. Procedure of the Adequacy Finding In acknowledging the adequacy finding, the EC has to follow certain procedure, which has been determined in Article 25 Paragraph (6) of the Directive and is known as comitology. At first, there will be a proposal from the EC, followed by an opinion from Article 29 Working Party and an opinion from Article 31 Management Committee, which needs to be delivered by a qualified majority of member states. Afterwards, the EC submits the proposed finding to the European Parliament (EP), who will examine whether the EC has used its executing powers correctly and comes up with recommendation if necessary. As a final point, the EC then can formally issue the result of the adequacy finding. In the next section, the measurements used by the EC in conducting the finding will be explained in detail. 3. Assessing the Adequate Level of Protection The Article 29 Working Party has given an obvious statement thatany meaningful analysis of adequate protection must comprise the two basic elements: the content of the rules applicable and the means for ensuring their effective application.According to WP 12 of the European Commission (EC), a set of content principles that should be embodied in the existing regulations are the following: Purpose limitation principle: data should be processed for a specific purpose and subsequently used or further communicated only if it is compatible with the purpose of the transfer. Data quality and proportionality principle: data should be accurate and, where necessary, kept up to date. Transparency principle: individuals should be provided with information as to the purpose of the processing, the identity of the data controller in the third country and other necessary information to ensure fairness. Security principle: technical and organizational measures should be taken by the data controller that are appropriate to the risks presented by the processing. Rights of access, rectification and opposition: the data subject have the right to obtain a copy of all data relating to him/her that are processed, to rectification of those data that are shown to be inaccurate, and be able to object to the processing of the data. Restrictions on onwards transfers to non-parties to the contract: further transfers of the personal data by the recipient of the original data transfer only permitted if the second recipient provides an adequate level of protection. In addition to these content principles, another set of the means for ensuring the effective application of the principles, whether judicial or non-judicial, are required in order to fulfill the following objectives: Good level of compliance with the rules: the level of awareness of controllers and data subjects and the existence of effective and dissuasive sanctions are the measurements to examine the compliance level, including direct verification by authorities, auditors, or independent data protection officials. Support and help to individual data subjects: an individual should be able to enforce his/her rights rapidly and effectively without prohibitive cost. Institutional mechanism is needed to conduct independent investigation of complaints. Appropriate redress to the injured parties: where rules are not complied, redress to the injured party with independent adjudication or arbitration is provided, including compensation and sanction impose. Beyond the content principles, some additional principles are still needed to consider when it comes to certain types of processing. Additional safeguards when sensitive categories of data are involved and a right to opt-out when data are processed for direct marketing purposes should be in place. Another principle is the right for the data subject not to be a subject to an automated individual decision that intended to evaluate certain aspects, which can give any legal effects and have a significant effect to the data subject. These content principles, including additional principles, and the means for ensuring their effectiveness should be viewed as a minimum requirement in assessing the adequate level of protection in all cases. However, according to Article 25 Paragraph 2 of the Directive, in some cases, there will be two possibilities. There is a need to add the list with more requirements or to reduce it. To determine whether some requirements need to be added or reduced, the degree of risk that the transfer poses to the data subject becomes an important factor. The Article 29 Working Party has provided a list of categories of transfer, which poses particular risks to privacy, as mentioned below: Transfers involving certain sensitive categories of data as defined by Article 8 of the Directive Transfers which carry the risk of financial loss (e.g., credit card payments over the internet) Transfers carrying a risk to personal safety Transfers made for the purpose of making a decision which significantly affects the individual (e.g., recruitment or promotion decisions, the granting of credit, etc) Transfers which carry a risk of serious embarrassment or tarnishing of an individuals reputation Transfers which may result in specific actions which constitute a significant intrusion into an individuals private life (e.g., unsolicited telephone calls) Repetitive transfers involving massive volumes of data (e.g., transactional data processed over telecommunications networks, the Internet, etc.) Transfers involving the collection of data in a particularly covert or clandestine manner (e.g., internet cookies) To sum up, the circumstances should be taken into account when assessing adequacy in a specific case, being: the nature of the data the purpose and duration of the proposed processing operations the country of origin and the country of final destination the rules of law, both general and sectoral, in force in the country in question the professional rules and the security measures which are complied with in that country. Self -regulation From the circumstances as referred to Article 25 Paragraph 2 of the Directive, it can be seen that the assessments of the adequate level of protection is conducted according to the rules of law as well as the professional rules and the security measures. In other words, it has to be examined from a self-regulation perspective as well. The Article 29 Working Party presents a broad meaning of self-regulation asany set of data protection rules applying to a plurality of the data controllers from the same profession or industry sector, the content of which has been determined primarily by members of the industry or profession concerned.This wide definition offers the possibility to on the one hand a voluntary data protection code developed by a small industry association with only a few members and on the other hand a set of codes of professional ethics with quasi judicial force for a certain profession, such as doctors or bankers. Still, one should bear in mind, to be considered as an appropriate legal instrument to be analyzed, it has to have binding power to its members and has to provide adequate safeguards if the personal data are transferred again to non-member entities. Ob Development of Electronic Data Flows Development of Electronic Data Flows 1. Introduction The current development on the flow of electronic data, especially those relating to personal data across nations is increasing daily. Most of the flows are related to business activities whereas services are provided to fulfill the needs of people. It also leads to the transformation of commerce, which becomes worldwide and increasingly international. The transfer of huge quantities of data, relating to customers and employees, are required and often occurred among entities that located in different countries. An example would be the system of outsourcing, a practice in which companies and governments hire an external service provider in another country to deliver a program or provide a service, such as managing database of human resources or customers. This can often result in improved efficiencies and levels of services. Further, the advancement of global networks, such as the internet, provides the possibilities to collect, process, and distribute personal data on an unprecedente d scale. However, the trans-border flow of personal data is not only performed by companies or governments but also conducted by individuals in everyday life as well. When the data is used by companies or government, this can represent a high volume of data, such as in the form of the transfer of databases. There will be a quite different volume of data when it is provided by individuals when they disclose their personal data while participating in particular activities, such as browsing the internet or registering on various websites to obtain certain services. Additionally, there is a strong possibility for individuals, who are engaging in data transfer activities to lack of full awareness concerning what could be done to their personal data. In some instances, they do not realize that they have disclosed their personal data and it is subject to transmission and processing within countries not offering the same level of protection as their own country. For example, a student physically located in the Netherlands may complete an online game registration form, containing several spaces soliciting his/her identities, not knowing that the actual service provider is registered in India. Another example, a social worker residing within the United Kingdom might disclose his/her personal data on a web application for an internet banking service provided by a bank based in the United States. From the short description above, the trans-border flow of personal data exists in everyday life on a daily basis and it becomes a vital need of every stakeholder, whether governments or private sectors, including individuals. Nevertheless, while the flow has led to greater efficiencies and economic benefits, on the other hand this kind of flow has also raised concerns that some information could end up in the hands of people for whom it was not intended. Worse even is the situation when no one has realized the flow has taken place, spawning a great opportunity for infringement upon ones privacy rights. Some rules concerning privacy and data protection have been set up at national, regional, and international levels to guarantee privacy as one of the human rights is not harmed by any activity, including data processing as the final purpose of trans-border flow. Consequently, the trans-border flow of personal data has to be conducted in a lawful manner. In this respect, a legal framework on trans-border flow of personal data has been enacted in Europe by the European Commission (EC) under two directives. The first one is Directive 95/46/EC concerning the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data. This Directive has been further equipped by the second directive, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). In relation to the research objective of this thesis, Directive 95/46/EC is the most relevant and therefore, Directive 2002/58/EC will be referred to when necessary. It should be noted that whenever a term the Directive is being used in this thesis, the term shall refer to Directive 95/46/EC. Under the Directive, a main rule concerning the trans-border flow of personal data has been set up. These include the obligation of data controller to use personal data for specified, explicit, and legitimate purposes, to collect only relevant and necessary data, to guarantee the security of the data against accidental or unauthorized access or manipulation, and in specific cases to notify the competent independent supervisory body before carrying out all or certain types of data processing operations. On the other hand, there is a series of rights for individuals as data subject, such as the right to receive certain information whenever data is collected, to access and correct the data, and to object to certain types of data processing. Nevertheless, all of the practice of these rights and obligations present a significant problem when the trans-border flow of personal data takes place from the European Union/European Economic Area (the EU/EEA) Member States to countries outside the EU/EEA, for the reason that the Directive requires an adequate level of protection in the destination countries. The transfer of personal data to a third country is prohibited when the third country does not have an adequate level of protection to ensure that the processing of personal data will not cause any violation to the rights of data subjects. The binding power of the Directive to the EU/EEA Member States requires each of the Member States to embed the provisions in the Directive into their national legal system. Thus, there is a free zone where trans-border flow of personal data can take place freely among the Member States because they provide the adequate level of protection. Any approval, adequate safeguard, or additional requirement is not necessary to any further extent. As far as public international law is concerned, by applying the extra-territoriality principle, the requirement of the adequacy is automatically fulfilled at the official representatives of the EU/EEA Member States in the third country, such as the Embassy or Consulate General because of the extended jurisdiction of the Member States. However, this principle is not extended to private sectors, since subsidiary offices of multinational companies, still have to abide to the national law in the third country although the base of operations of the company is located in the EU/EEA Member States. In this case, the adequate level of protection is still required even though the transfer is conducted internally among the subsidiaries of the company located in third countries. Currently, the EC has conducted some adequacy findings and has compiled a white list of countries providing an adequate level of protection. This approval means the trans-border flow of personal data can take place as in the free zone between the EU/EEA Member States. However, to date, the white list covers a limited list of countries, seven to be exact. This list might not prove too sufficient from the point of view of multinational companies in accommodating their interest, as it does not include many countries of growing commercial interest. From this point of view, there is a need to harmonize various privacy and data protection regulations in many countries through the establishment of an internationally congruent legal framework for privacy and data protection. Unfortunately, it will take some effort and time for the establishment, while a fast solution is needed. By considering the Directive thus far the strictest legal framework compared with other existing legal framework on privacy and data protection, obviously, there is a need for countries outside the EU/EEA Member States to improve their legal framework to become compliance with adequate level of protection requirement under the Directive. Since Indonesia is neither a Member State of the EU/EEA nor included in the white list of adequacy finding, the requirement of adequate level of protection is applied to Indonesia as a third country. The trans-border flow of personal data only can take place after the data controller is certain that the protection level of personal data in Indonesia is adequate under the Directive. Apparently, Indonesia is needed to criticize, whether or not its legal framework providing an adequate level of protection. Moreover, Indonesia as a Member State of the Asia-Pacific Economic Cooperation (APEC) has received a pressure to provide a sufficient level of protection on trans-border flow of personal data, in relation to the existence of the APEC Privacy Framework. This pressure has become heavier because of Indonesia position as the Association of South East Asian Nations/ASEAN Member States. Therefore, the main objective of this thesis is to examinehow Indonesia can improve its legal framework to comply with the adequate level of protection in view of Directive 95/46/EC. Conducting this examination is important in determining ways Indonesia might be developed into an attractive destination country for international commerce activities. In order to answer the objective of this thesis, three research questions have to be answered: firstly,currently, why Directive 95/46/EC is being acknowledged as the strictest legal instrument concerning privacy and data protection on conducting trans-border flow of personal data compared with other existing legal instruments. Secondly, how the European Commission determines the adequate level of protection in the third country in question under Directive 95/46/EC. Then, thirdly, to what extent legal framework of data protection in Indonesia measures up to the adequate level of protection in Indonesia under Directive 95/46/EC. In line with the effort to answer the first research question, this thesis will try to identify any possibility for improvement towards the current adequacy finding system. Hence, a balance accommodation might be obtained and maintained between the one who requires the adequate level of protection and the one who has to fulfill it. This thesis will be structured as follows. The first chapter is the introduction in which the objective of this thesis is explained. In the second chapter, there will be a brief comparison between the Directive with other legal instruments concerning privacy and data protection. Afterwards, some explanations on the requirement of the adequate level of protection in the light of the Directive will be provided, including the measurement to be used in conducting the adequacy finding and will explore any possible solution if there is no adequate level of protection in the third country in question. Further, this chapter will cover the current problems within the Directive as well as possible suggestions to overcome them. Thus, answering the first and second research question. In the third chapter, relevant issues surrounding Indonesian legal framework will be discussed, including a brief explanation on how Indonesia regulates privacy and data protection as well as a number of the difficulties experienced in doing so. The findings in the second and third chapters shall be employed to carry out the examination in the fourth chapter, which objective is to answer the third research question. The chapter serves to analyze the adequate level of protection of Indonesian legal framework by applying the measurements in the light of the Directive. The analysis will include various potential problems faced by Indonesia on its effort to improve protection of personal data along with several suggestions on how to overcome them. At the final stage, there will be a conclusion, to what extent Indonesia can be deemed as providing an adequate level of protection. As a result, a solution on how Indonesia might improve its legal framework under the Directive to both avoid a lack of protection and offer an adequate level of protection will be achieved. 2. The EU Legal Framework regarding trans-border flow of Personal Data The trans-border flow of personal data is stipulated by regulations concerning data protection. Since the early eighties, several regulations, drawn up by different organizations, have been published in this respect. The first initiative was performed by Organization for Economic Co-operation and Development (OECD) by establishing the Guidelines on the Protection of Privacy and Trans-border Flows of Personal Data (the OECD Guidelines) in 1980. The intention of the Guidelines is to prevent any conflicts between national laws, which can hamper the free flow of personal data between the OECD Member States. This establishment brought an awareness of the importance protection of the trans-border flow of personal data. A similar purpose with the OECD Guidelines has brought the Member States of the Council of Europe (the CoE) to publish a convention on their interest in the following year. They agreed that it is needed to reconcile the fundamental values of the respect for privacy and the free flow of information between them. The agreement is stated in the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CETS No. 108), with purpose to take into account the right of privacy and the increasing flow across frontiers of personal data in regards of automatic processing, as a way to extend the safeguards for everyones rights and fundamental freedoms. In 1990, by considering the UN has more Member States compared with the OECD and the CoE, Guidelines concerning Computerized Personal Data Files (the UN Guidelines) was established as a way to bring the principles on privacy and data protection being implemented wider among countries. The UN General Assembly through Resolution No. A/RES/45/95 on 14 December 1990, requests the Governments of every Member States to take into account this Guidelines in their legislation. Further, the governmental, intergovernmental, and non-governmental organizations are also requested to respect the Guidelines in carrying out the activities within their field of competence. Nonetheless, the OECD Guidelines, the CETS No. 108, and the UN Guidelines still have some weaknesses. There are some principles of data protection, which are required to be embedded in national laws of each of the Member States but there is no means for ensuring their effective application. For examples, there are no supervisory authority provision in the CETS No. 108 and a lack of procedural clauses in the OECD Guidelines. In another case, concerning the binding power of the instrument, the OECD Guidelines is voluntarily binding to its Member States as well as the UN Guidelines, even though the UN Guidelines has the supervision and sanction provisions. Therefore, Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of Such Data has been established by the European Union (the EU) to overcome the limited effect of the two Guidelines and the Convention as mentioned above. Good level of compliance, support and help to individual data subject, and appropriate redress to the injured parties are the means used by the Directive for ensuring the effective application of the content of the rules. Apart from the compliance issue, the obligations and rights set down in the Directive are built upon the OECD Guidelines, the CETS No. 108, and the UN Guidelines. These three legal instruments contain similar principles, except for lawfulness, fairness, and non-discrimination principles are from the UN Guidelines; and special categories of data and additional safeguards for the data subject principles are from the ECTS No. 108. While the rest of the adopted principles are collection limitation, data quality, purpose specification, use limitation, security safeguard, openness, individual participation, and accountability. Further, the aims of the Directive can be seen from two perspectives. The first one is the economical perspective, in relation to the establishment and functioning of an internal market, in which to ensure the free movement of goods, persons, services, and capital, including the free movement of personal data. The second is from the fundamental rights perspective, in which to set the rules for high-level data protection to ensure the protection of the fundamental rights of the individuals. The newest legal instrument concerning privacy and data protection is the APEC Privacy Framework 2004 (the Framework), established by Asia-Pacific Economic Cooperation (APEC). The purpose of the Framework is to ensure there are no barriers for information flows among the APEC Member Economies by promoting a consistent approach to data protection. There are nine principles in the Framework that are built based on the OECD Guidelines. In brief, the adopted principles are preventing harm, notice, collection limitation, uses of personal information, choice, integrity of personal information, security safeguard, access and correction, and accountability. However, this Framework has the same weakness as the previous legal instruments on privacy and data protection before the Directive, which is the absent of means for ensuring the effective application of the principles. Additionally, it should be noted that APEC is a forum that established based on a voluntary basis, without any constitut ion or legally binding obligations for the Member Economies. Hence, the Framework is not binding to the Member Economies. From the brief analysis above, currently, the Directive posses the highest level of protection compared with other existing legal instruments on privacy and data protection. In this respect, to achieve the objective of this thesis as stated in the first chapter, the research questions will be answered by focusing on the Directive. Therefore, in the next section, there will be an explanation on the legal bases of trans-border flow of personal data to third countries under the Directive, followed by a rationalization on how the European Commission (EC) determines whether or not an adequate level of protection exists in the third country in question. Subsequently, the means for ensuring the effective application of the content of rules will be elaborated upon a description on a series of possibilities if the third country in question is not deemed to provide an adequate level of protection. Although currently, the Directive provides high-level of protection, some problems and suggestions will be provided, as an effort to address input for improvement. The findings in this chapter will be used to carry out the adequacy finding of Indonesia as a third country (in the fourth chapter) by doing a comparison with the findings on Indonesian legal framework in chapter three. 2. The Legal Bases of Trans-border Flows of Personal Data to Third Countries The trans-border flow of personal data to a third country to be acknowledged as lawful, it has to be conducted in accordance with the national data protection law of the EU/EEA Member States. It is applicable to the data controllers established in the EU, both at the time when data is being collected and processed. In general, the law consists of a combination between the obligations of data controllers and the rights of data subject. Before the establishment of the Directive, these rights and obligations were regulated under some national data protection laws with different level of protection. In the light of the functioning of internal market in the EU/EEA, all these obligations and rights, including certain procedures to be applied in case of trans-border flow of personal data to a third country, are regulated in the Directive. Whereas the Directive is legally binding to the EU/EEA Member States, an adequate level of protection is fulfilled and consequently trans-border flow of personal data is able to take place among them. Further, when the personal data is used for electronic communication purposes, then the rights and obligations as lay down in Directive 2002/58/EC shall take place. There are three possible types of transfer under the Directive. The first and second types are a communication of personal data by a data controller based in the EU/EEA Member States to another data controller or to a processor based in a third country. Another possibility type is a communication of personal data by a data subject based in the EU/EEA Member States to a data controller based in a third country. Nevertheless, it should noted that the Directive does not cover transfers of personal data in the course of judicial and police cooperation activities falling within Titles V and VI of the Treaty on European Union. The main regulation in the Directive concerning trans-border flow of personal data to a third country is Article 25. The first paragraph of the Article sets out the principle that the EU/EEA Member States shall allow the transfer of personal data only if the third country in question ensures an adequate level of protection. From this provision, it is necessary to explain further on the subject of the transfer of personal data and an adequate level of protection. First, what the Directive means by the transfer of personal data. Undoubtedly, it is often associated with the act of sending or transmitting personal data from one country to another, for instance by sending paper or electronic documents containing personal data by post or e-mail. By seeing from a different perspective, the situation where one conducts a certain activity with the purpose to make data available for others, besides the owner of the data (the data subject), and located in another country, is included as a trans-border flow of personal data. However, by making data accessible for everyone who connects to internet by uploading any personal data on internet web pages, even though that person is located in another country, is not included in the meaning of transfer of personal data to another country. The reason for the previous statement is this kind of activity is properly acknowledged as publishing activity, not transferring activity. This exception is stated clearly by the Court of Justice in the Bodil Lindqvist Case as there is no transfer of personal data to a third country where an individual in a Member State loads personal data onto an internet page making those data accessible to anyone who connects to the internet, including people in a third country. Subsequently, since the Directive is binding to 27 EU Member States, including three countries (Norway, Liechtenstein, and Iceland), which are bound by the Directive by virtue of the European Economic Area agreement (EEA), personal data can flow freely among them. In other words, there is a free zone among the EU/EEA member states. Therefore, transfer in the light of the Directive has to be seen as transfer of personal data from EU/EEA member states to other countries outside EU/EEA, which are recognized as third countries, and the adequate level of protection in those third countries has to be assessed. There is a so-called white list of countries, which have been assessed by the EC and affirmed to provide an adequate level of protection according to the Directive. Currently, the list consists of seven countries as follows: Argentina, Canada (limited to private sector data), Switzerland, United States (Safe Harbor and specific type of transfer: Passenger Name Record/PNR), the Bailiwick of Guernsey, the Isle of Man, and the Bailiwick of Jersey. The approval of adequacy shall be analyzed more carefully because once a country is listed in the white list, does not automatically mean that personal data can flow to the country freely. One should pay attention whether the affirmation is given for the entire legal framework or only for certain part of it in a specific field, sector (public or private), or regarding a specific type of transfer. Insofar, even though the result of adequacy finding shows that the data protection level in certain countries is not adequate, the EC will not create a black list for that negative finding because of political consequences. Instead of the black list, the EC tends to enter into negotiation with the certain country in order to find a solution. It can be concluded from the foregoing, that the adequacy finding is temporary and subject to be reviewed. Procedure of the Adequacy Finding In acknowledging the adequacy finding, the EC has to follow certain procedure, which has been determined in Article 25 Paragraph (6) of the Directive and is known as comitology. At first, there will be a proposal from the EC, followed by an opinion from Article 29 Working Party and an opinion from Article 31 Management Committee, which needs to be delivered by a qualified majority of member states. Afterwards, the EC submits the proposed finding to the European Parliament (EP), who will examine whether the EC has used its executing powers correctly and comes up with recommendation if necessary. As a final point, the EC then can formally issue the result of the adequacy finding. In the next section, the measurements used by the EC in conducting the finding will be explained in detail. 3. Assessing the Adequate Level of Protection The Article 29 Working Party has given an obvious statement thatany meaningful analysis of adequate protection must comprise the two basic elements: the content of the rules applicable and the means for ensuring their effective application.According to WP 12 of the European Commission (EC), a set of content principles that should be embodied in the existing regulations are the following: Purpose limitation principle: data should be processed for a specific purpose and subsequently used or further communicated only if it is compatible with the purpose of the transfer. Data quality and proportionality principle: data should be accurate and, where necessary, kept up to date. Transparency principle: individuals should be provided with information as to the purpose of the processing, the identity of the data controller in the third country and other necessary information to ensure fairness. Security principle: technical and organizational measures should be taken by the data controller that are appropriate to the risks presented by the processing. Rights of access, rectification and opposition: the data subject have the right to obtain a copy of all data relating to him/her that are processed, to rectification of those data that are shown to be inaccurate, and be able to object to the processing of the data. Restrictions on onwards transfers to non-parties to the contract: further transfers of the personal data by the recipient of the original data transfer only permitted if the second recipient provides an adequate level of protection. In addition to these content principles, another set of the means for ensuring the effective application of the principles, whether judicial or non-judicial, are required in order to fulfill the following objectives: Good level of compliance with the rules: the level of awareness of controllers and data subjects and the existence of effective and dissuasive sanctions are the measurements to examine the compliance level, including direct verification by authorities, auditors, or independent data protection officials. Support and help to individual data subjects: an individual should be able to enforce his/her rights rapidly and effectively without prohibitive cost. Institutional mechanism is needed to conduct independent investigation of complaints. Appropriate redress to the injured parties: where rules are not complied, redress to the injured party with independent adjudication or arbitration is provided, including compensation and sanction impose. Beyond the content principles, some additional principles are still needed to consider when it comes to certain types of processing. Additional safeguards when sensitive categories of data are involved and a right to opt-out when data are processed for direct marketing purposes should be in place. Another principle is the right for the data subject not to be a subject to an automated individual decision that intended to evaluate certain aspects, which can give any legal effects and have a significant effect to the data subject. These content principles, including additional principles, and the means for ensuring their effectiveness should be viewed as a minimum requirement in assessing the adequate level of protection in all cases. However, according to Article 25 Paragraph 2 of the Directive, in some cases, there will be two possibilities. There is a need to add the list with more requirements or to reduce it. To determine whether some requirements need to be added or reduced, the degree of risk that the transfer poses to the data subject becomes an important factor. The Article 29 Working Party has provided a list of categories of transfer, which poses particular risks to privacy, as mentioned below: Transfers involving certain sensitive categories of data as defined by Article 8 of the Directive Transfers which carry the risk of financial loss (e.g., credit card payments over the internet) Transfers carrying a risk to personal safety Transfers made for the purpose of making a decision which significantly affects the individual (e.g., recruitment or promotion decisions, the granting of credit, etc) Transfers which carry a risk of serious embarrassment or tarnishing of an individuals reputation Transfers which may result in specific actions which constitute a significant intrusion into an individuals private life (e.g., unsolicited telephone calls) Repetitive transfers involving massive volumes of data (e.g., transactional data processed over telecommunications networks, the Internet, etc.) Transfers involving the collection of data in a particularly covert or clandestine manner (e.g., internet cookies) To sum up, the circumstances should be taken into account when assessing adequacy in a specific case, being: the nature of the data the purpose and duration of the proposed processing operations the country of origin and the country of final destination the rules of law, both general and sectoral, in force in the country in question the professional rules and the security measures which are complied with in that country. Self -regulation From the circumstances as referred to Article 25 Paragraph 2 of the Directive, it can be seen that the assessments of the adequate level of protection is conducted according to the rules of law as well as the professional rules and the security measures. In other words, it has to be examined from a self-regulation perspective as well. The Article 29 Working Party presents a broad meaning of self-regulation asany set of data protection rules applying to a plurality of the data controllers from the same profession or industry sector, the content of which has been determined primarily by members of the industry or profession concerned.This wide definition offers the possibility to on the one hand a voluntary data protection code developed by a small industry association with only a few members and on the other hand a set of codes of professional ethics with quasi judicial force for a certain profession, such as doctors or bankers. Still, one should bear in mind, to be considered as an appropriate legal instrument to be analyzed, it has to have binding power to its members and has to provide adequate safeguards if the personal data are transferred again to non-member entities. Ob