Sunday, 28 January 2018

Privacy Law 101




By Dr. Mohammad Al-Thunibat

Are you worried about your Personal Information?

What is Privacy?
Privacy is: “The right to be free of unnecessary public scrutiny, or to be let alone”.

Concepts of privacy:
1. Right to be let alone
2. Limited access
3. Control over information
4. States of privacy
5. Secrecy
6. Personhood and autonomy
7. Self-identity and personal growth
8. Intimacy
9. Concepts in popular media

The Right to Privacy
It is our right to keep a domain around us.
It gives us the ability to choose which parts in this domain can be accessed by others, and to control the extent, manner and timing of the use of those parts we choose to disclose.

Privacy Law
Is the area of law concerning the protecting and preserving of privacy rights of individuals.

Personal Information - Collection & Use
Collection of solicited personal information
Use or disclosure of personal information
Security of personal information
Access to personal information
Correction of personal information

Privacy Policy
A privacy policy should consist of the following information in accordance with these rules:
1. Clear and easily accessible statements of its practices and policies;
2. Type of personal or sensitive personal data or information collected;
3. Purpose of collection and usage of such information;
4. Disclosure of information including sensitive personal data or information;
5. Reasonable security practices and procedures.

Thanks



Saturday, 27 January 2018

Smart contracts - Part 4: legal issues


By Dr. Mohammad Al-Thunibat

This post is addressing the legal issues of smart contracts & continuing the previous videos we set to address the legal issues of smart contracts & law.

3.
The enforceability of smart contracts

As declared in the previous video (Part 3), we addressed two major legal challenges facing the validity and enforceability of smart contracts in association to their formation and the nature of coding; so the legal requirements of enforceability are:
Offer and acceptance, certainty and consideration;
Relevancy of formation language & the validity of coded programs to meet this requirement

We consider the process of contracting (the wholesale adoption of the phrase) to be unhelpful, as the term ‘contract’ invites the traditional associated concepts:
Consent, Legal Capacity, Certainty & Consideration

4.
Jurisdiction & Applicable Law

To decide which jurisdiction and Law applied in case of failure or breach, one must consider three main rules:
Place of contracting,
Place of execution,
The agreed terms of jurisdiction and law applicable in case of a breach or conflict

However, where servers are decentralized and can be spread around the world & where parties can be contracting anywhere through the net, locating & pinpointing where a breach or failure occurred (and taking the appropriate cross-border action) may be complex in smart contracts.

Also, it's not clear how this system is handling these issues!! Especially where a Block doesn't allow parties to modify its content.

I hope this was useful