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Record W2249626479

The Right to Oblivion: Data Retention from Canada to Europe in Three Backward Steps

2005· article· en· W2249626479 on OpenAlex
Jeremy L. Warner

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueSSRN Electronic Journal · 2005
Typearticle
Languageen
FieldSocial Sciences
TopicPrivacy, Security, and Data Protection
Canadian institutionsnot available
Fundersnot available
KeywordsData Protection Act 1998Data retentionData Protection DirectiveLegislationInformation privacy lawDirective on Privacy and Electronic CommunicationsObligationDirectiveGeneral Data Protection RegulationPolitical sciencePrivacy lawLawEuropean unionFTC Fair Information PracticeInformation privacyBusinessEuropean Union lawEngineeringInternational tradePrivacy policyComputer science
DOInot available

Abstract

fetched live from OpenAlex

The issue of data retention is one that has become prominent in recent times, particularly with the recent extension of Canadian privacy legislation to cover the private sector. This paper investigates the origins of the prohibition on data retention under European and Canadian law and its subsequent development in Europe and Canada with an emphasis on the trends, disparities and other consequences generated by the prohibition since 1968, the date of the first Council of Europe recommendations in relation to data protection in general. In Europe, ever since the first proposal for harmonized data protection laws was made by the Council of Europe in 1973, one of the fundamental principles of data protection law has been that of data retention or data conservation - that is, the obligation of the data user or controller to keep data for a limited period of time only. The 1995 EU Directive on Data Protection contains an express data-retention principle. The OECD Guidelines, which were used to develop Canada's privacy standard and subsequent privacy legislation, are less explicit. In Canada, Part 1 of the Personal Information Protection and Electronic Documents Act (PIPEDA) establishes Principle 5 on data retention or data conservation, which is closely allied with its European counterpart. The connections between each of these discrete legal instruments are obscured by the legal backgrounds to each of PIPEDA and the EU Directive. The paper examines the data-retention principle under PIPEDA, analyzing the extent to which this principle has been influenced by the European legal developments and the extent to which other factors were important in shaping this fundamental rule.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.004
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.799
Threshold uncertainty score0.909

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0040.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0010.000
Scholarly communication0.0000.001
Open science0.0020.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.025
GPT teacher head0.277
Teacher spread0.252 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it