Tutorial Questions Week 6: Business Law and Ethics
1. How does the International Covenant on Civil and Political Rights recognize the right
to privacy?
1. No one shall be subjected to arbitrary or unlawful interference with his privacy,
family, home
or correspondence (people are protected from random people entering their
home), nor to
unlawful attacks on his honor and reputation (calling someone a murderer online
without
proof).
2. Everyone has the right to the protection of the law against such interference or
attacks. I.e. the legal system will defend victims of infringement
2. Why does the right to privacy sometimes conflict with other fundamental rights?
It often conflicts with the freedom of speech
3. How is the issue of privacy present in the public vs. the private sphere?
The Public privacy sphere relates primarily to determining what extend the government
may intervene in its citizens lives as it seeks to protect public security, morality and
health.
The private privacy sphere deals with matters between businesses, people and the
interaction between businesses and people. For example, a how much of ones personal
life
4. How is the right to privacy organized and maintained in the U.S.?
5. What is the ‘objective test’ applied by the Supreme Court in the U.S.?
6. Name the four types of invasions of privacy that can be found in the U.S. case law.
7. Define ‘appropriation’ under U.S. tort law.
8. Define ‘public disclosure’ under U.S. tort law.
9. How is the right to privacy organized and maintained in the EU?
10. Regulation 2016/679 regulates the privacy protection of individuals. What type of
data processing falls under this regulation?
11. How does Regulation 2016/679 concerning data processing distinguish between
controllers, processors and recipients?
12. Company ABC wants to know which apps students at university use most often. They
want to place their advertisements strategically to reach as many consumers as
possible. ABC hires a market research agency called EDF to conduct the research.
This market research agency then sends it to an analytical agency, XYZ, who finally
delivers the results back to ABC. In this situation, who is the controller, processor,
and recipient?
13. What are the three elements that make consent given by data subjects to process
their data valid?
14. What is the principle of lawfulness, fairness and transparency listed in Article 5 of
Regulation 2016/679?
15. What is the principle of purpose limitation listed in Article 5 of Regulation 2016/679?
16. The Sunshine Company sells garden supplies online. It stores data on registered
customers’ name, address, past orders, and current online wish lists. The Sunshine
Company wants to sell this data to the Moonlight Company, which is a marketing
company that could use this data to assist the marketing campaigns of third parties.
Would this be lawful?
17. What if The Sunshine Company wants to use data on registered customers’ name,
address, past orders, and current online wish lists for its own marketing purposes,
i.e., to send marketing messages to its customers?
18. What is the limited retention of data principle listed in Articles 5 and 6 of Regulation
2016/679?
19. What is considered ‘pseudo anonymised data’ under Regulation 2016/679?
20. In the fictitious state ‘A’, some cities decided to develop residence cards with an
embedded chip. It is not compulsory for residents to acquire those electronic cards.
However, residents who do not possess the card do not have access to a series of
important administrative services, such as the ability to pay municipal taxes online, to
submit complaints electronically benefiting from a three-day deadline for the authority
to respond, and even to skip queues, buy reduced tickets when visiting the municipal
concert hall, and use the scanners in the entrance. Do these residence cards comply
with EU Data Protection Law?
21. Is a health insurance company in Europe required to have a Data Protection
Officer?
22. Why did the E-Commerce Directive need to change, i.e., why was the EU Digital
Services Act (DSA) introduced?
23. What is the scope of the DSA?
24. What are the main obligations under the DSA?
25. The DSA is part of a larger package of the EU Commission including the Digital
Market Act and the Democracy Action Plan (DAP). What are the six objectives of the
role of the online platforms?