Thursday, October 31, 2019
Apple Hamdi 3 Essay Example | Topics and Well Written Essays - 500 words
Apple Hamdi 3 - Essay Example Operation: Apple products are free from toxins such as BFR. The products are enclosed in highly recyclable aluminium. The firm also outsources production to the third party OEM partners so as to eliminate the burden of production management. By manufacturing components inside the Company, this eliminates the transaction cost of purchasing them in the market thus optimizing the plant’s utilization. As a result, it results to greater economies of scale. The firm also needs to locate its production units near a cluster of suppliers so as to reduce the costs of purchasing and distribution (Apple Inc., 2013). Outbound logistics: Apple needs to use a variety of direct and indirect distribution channels. The electronic Company is improving its capacities for distribution by increasing the number of its own retail stores globally. Lastly, Apple Inc. has developed economical packaging. This reduces material waste and emissions produced on transit (Apple, 2014). Sales and marketing: sales and are very crucial in ensuring that a firm sells its products. Apple makes use of both print and electronic media to advertise their products. Apple can make use of radio, television, and newspapers, as well as online marketing tools such as Facebook and Twitter to increase its scope of customer reach. This saves the cost of rent or salespeople at the stores. As part of its marketing strategy, the firm has entered into patent cross-licensing and also technology agreements with Microsoft. This was after years of unimpressive growth in market share. So as to maintain its market share, Apple has their own branded stores internationally that assist sell their products (Apple, 2014). Procurements: Recently, the firm realised that outsourcing the raw materials; core ingredients in the manufacture of a product that already exists in the market may be considered as a step towards gaining competitive advantage by Apple Inc (Apple, 2014). Human resource
Tuesday, October 29, 2019
See blow Essay Example | Topics and Well Written Essays - 3000 words
See blow - Essay Example Managing diversity is indeed an art in the time and age of today, and more so with the changing global dynamics. The employees should always be on their own as far as adherence to polices and structural changes are concerned. The long term, strategic changes are governed in a proper manner if it takes into consideration the strengths that diversity brings to the proverbial organizational table. It is thus a very important requirement that the top management understands its due role and solves the anomalies related with managing diversity within the workplace aegis (Cross 2000). What this will do is to look after the negativities attached with diversity and its very foundation basis. This paper explains the management art of diversity within a workplace scenario and has touched upon significant factors which play a huge role in the performance of diversity functions on a day to day basis. Managing diversity has been deemed as important because it takes into perspective the pertinent roles of equality and balancing work ethos amongst the employees. Managing diversity is also important because it gives a fair chance to people who hail from different cultures and regions of the world to manifest their real selves. Their strengths work in their own favor and hence they work towards producing value for the organizations that they work for. This is an important consideration within the global dynamics of doing business because diversity has helped the people from different quarters to come to a single platform – a level where they can get in touch with one another to solve the commonalities which exist amongst them (Lambert 2007). Diversity will reign in serious results if it is a given a proper and fair run by the people who matter the most, i.e. the top management realms in an organization. In the world of present times, it is a reality that diversity is
Sunday, October 27, 2019
Hotel Roles And Responsibilities
Hotel Roles And Responsibilities Classification of hotel facilities is not based on rigid standards. On marketplace forces, touchstones, location, mathematical function, and the definitions can change, depending and preference, but the definitions that follow are generally accepted and are the ones intended for these classifications throughout this textual matter, in some cases, personal. A hotel usually offers guests a full range of accommodations and services, which may include reservations, suites, public dining and banquet facilities, lounge and entertainment areas, room services valet, laundry, hair care, swimming pool, gym, sauna, spa and other recreational activities, gaming/casino operations, ground transportation to and from airport, and concierge services. Motels: Motels offer guests a limited range of services, which may include reservations, vending machines, swimming pools, and cable television. The size of these properties averages from 10 to 50 units. Motels are usually in suburban highway and airport locations. Guests typically stay overnight or a few days. Motels may be located near a freestanding restaurant. All suites: It may include reservations, living room and separate bedroom, kitchenette, optional public dining room and room service, cable television, videocassette players and recorders, specialty shops, personal services valet and laundry, swimming pool, and ground transportation to and from an airport. The size of the operation can range from 50 to more than 100 units. This type of property is usually found in centre-city, suburban, and airport locations. Limited-Service Hotels: The range of accommodations and services may include reservations, minimal public dining and meeting facilities, cable television, personal computers, personal services (valet and laundry), and ground transportation to and from an airport. They are usually located near restaurants for guest convenience. Guest stays can be overnight or long-term. These properties sometimes specialize in catering to the business traveller and offer special business technology centres. Extended-Stay Hotels: At Hiltons Homewood Suites, the following room amenities are included: king-size bed or two double beds in the bedroom and foldout sofa in the living room; two remote-controlled colour televisions; fully equipped kitchen with a microwave, refrigerator with ice maker, coffeemaker, twin-burner stove, and kitchen utensils; a spacious, well-lit dining area; and ceiling fans and iron and ironing board. Additional hotel services include a business centre, an exercise room, and a pool. 2 Roles and responsibilities of accommodation and reception staffs Hotel receptionists are responsible for making guests feel welcome, checking them in and out efficiently, and dealing professionally with enquiries, face to face and by phone, fax or email. They deal with general reservation enquiries, as well as answering guests questions and dealing with complaints. Duties will often include: allocating rooms to guests taking and passing on messages preparing bills, taking payment, and handling foreign exchange Helping guests with special requests such as storing valuables in the hotel safe or luggage area, ordering taxis or booking theatre tickets. Figure 1 Medium size full service hotel organisation chart Their main tasks are: changing the bed linen and making beds emptying bins, vacuuming floors, and washing glasses and cups replenishing stocks of guest supplies, such as tea, coffee and biscuits Tallying up items consumed from the mini-bar. 2.1 Identifying responsibilities of reception service staff Receptionists are usually the first people hotel guests encounter, particularly in those hotels where hall porters are not employed. They thus occupy a gatekeeper role, frequently bearing the responsibility for guests first impressions of the hotel. In fact, the responsibilities that receptionists bear for that image of the hotel arguably extend beyond first impressions. E.g. Receptionists of Hilton hotels regularly being involved in book-keeping, letter writing, inventory taking, typing, record keeping, answering queries, filing, taking reservations, dealing with mail and lost property, dealing with room changes, taking payments of customers bills, banking monies, holding responsibility for room keys and producing reports and statistics. 3 Legal and statutory requirements for rooms division operations The following legal and statutory requirements must be met by the Hotels in the UK: Duty to guests Employment Pension Environment Food/ Hygiene Health Safety Guest information Insurance Intellectual property Licensing tourism Local national tax Planning zoning Other (Bureau de change) 4. Front of house area effective management The Front of House Manager will be responsible for providing a high standard of customer service in order to maintain the customer loyalty from the general public and visiting companies, as well as to maximise revenue from Bar, Kiosk and Cafà ©, hotels the post holder will report to the Operations Manager, and work closely with the senior management team. He/she will be in the front line of customer liaison. Responsibilities: To maintain safe and friendly environment for all theatre visitors. To give strong and effective management To develop and encourage high standards of customer service. To control and report on costs (staff and stock control). To manage the Front of House sales facilities. 5. Planning for managing the front of house area A little planning on the front office managers part is required to ensure that the new employee meets the entire staff in the first few days. Saying a few words about the role of each employee during the introductions will not only make new hires feel more comfortable with their co-workers but also make each current staff member feel like a special part of the team. The current staff will also appreciate meeting the new addition to the staff. Very often, this procedure is overlooked, and new employees feel awkward for days or weeks. 6. Operational issues affecting management and business performance The front office team have the common goal of providing hospitality to the guest. Training, empowerment, and flexibility are necessary to make the team work. Forecasting, scheduling, developing a supervisory style, motivating personnel, balancing staff personalities, delegating tasks, training, and effectively communicating are only a few of the skills a good supervisor must master. It is a lifelong effort developed through continuing education and trial and error. 7. Importance of property interiors and design to effective management This is important to positioning the front desk to allow front office personnel a view of guests who enter the lobby from the street entrance and elevators. The guests first impression is enhanced by the ambience, physical appearance, and orderliness of the equipment and personnel. The front office manager must establish a balance between guest service and work processing to allow for efficiency. Figure 2 Front office layout 8. Aspects of planning and management of the accommodation service Planning is very important to delivering continuous quality service in hotels, as defined by the guest. Successful extension of hospitality starts with managements commitment to a service management program. Preparing a service strategy statement will focus the planning efforts of the owners, management, and employees. Principles of total quality management provide a manager with an opportunity to involve frontline employees in analyzing the components of delivery of service and methods to improve existing services. The development of the service management program requires the involvement of frontline employees, discussion of the guest cycle, moments of truth, employee buy-in concept, screening of potential employees prior to hiring, empowerment, training, evaluation of the service management program, follow-through, and interfacing with other departments in delivering hospitality. A long-term commitment to a successful service management program is necessary. 9. Operational issues affecting the management and performance of the accommodation service There are some issues affecting this sector such as: Environmental Social Legal Economical Technological Political etc. 10. Yield management techniques Achieving the best yield involves redefining the use of occupancy percentage and average daily rate. Although these concepts are important to the long-range potential financial picture, they take on a new meaning with yield management. Optimal occupancy, achieving 100 percent occupancy with room sales, which will yield the highest room rate, and optimal room rate, a room rate that approaches the rack rate, work together to produce the yield. 10.1 Yield management strategies E. Orkin offers a simple policy for developing strategies to implement yield management: when demand is high, maximize rates; when demand is low, maximize room sales. These concepts are portrayed in Table 1. Orkin also offers some specifics on developing strategies. He says that when demand is high, restrict or close availability of low-rate categories and packages to transients [guests], require minimum length of stays, and commit rooms only to groups willing to pay higher rates. When demand is low, provide reservation agents with special promotional rates to offer transients who balk at standard rates, solicit group business from organizations and segments that are characteristically rate sensitive, and promote limited-availability low-cost packages to local market. Restricting or closing availability was indeed a challenge because most front office managers were familiar with the sell out the house operating procedure and were unsure if this aggressive marketing tactic would work. Some hoteliers were setting reservation policies that required minimum length of stay during heavy demand periods. The procedure recommended for low demand (special promotional rates and soliciting group and local business) was the strategy used during any demand period. As yield management continues to be tried and tested in hotels, various combinations of maximizing room rates and room sales will continue to challenge hoteliers. Table 1 Yield Management Strategies Demand Strategy High Maximise rates, require minimum stays Low Maximise room sales, open all rate categories The following strategies can be taken to maximise occupancy and room revenue: Forecasting room sales, setting strategies to generate revenue Block-out Periods high demand periods require to block out certain days Systems Procedures using automated system that will process reservations, track demand, and block out room availability during certain time periods Feedback on decisions employed in yield management to set right strategies 11. Sales techniques that can use to promote and maximise revenue The objective of the sales incentive program for front office employees is to encourage the front office to promote products and services in various areas of the hotel, including the front office, the food and beverage department, the gift shop, and the health facilities. Each promotional area may be considered, or the front office manager might choose only a few areas, perhaps those that generate the most revenue, as incentive targets. A few examples follow: Upgrading a reservation during registration Selling a meal in the hotels restaurant Selling room service 11.1 Creative ideas When developing a program to increase front office sales activity, the front office manager, in conjunction with other department directors and employees, should identify as specifically as possible the hotel products and services to be promoted. In this case, the overall purpose of the program would be to maximize sales by the front office staff of front office, food and beverage department, gift shop, and health facilities products and services. The team must decide which area or areas would be most profitable. 12. Purpose of forecasting and statistical data within room division An important feature of yield management is forecasting room sales. Orkin suggests using a daily-decision orientation rather than a seasonal decision-making scheme in developing a particular strategy. Accurate forecasting of transient demand will assist hoteliers in developing strategies to maximize sales to this group. For example, if a hotel has group business reservations for 95 percent of available rooms, seeking transient business with special promotional packages during that time period would not be advisable. If the period following the group business is low, then advance knowledge of this information will allow time for marketing and sales to develop special promotional packages aimed at the transient and local markets. 12.1 Limitations of employing forecasting techniques Forecasting should be used to generate revenue by forecasting the volume of customers and allocating resources where it fits. Managers need to make sure that they have enough available rooms to control the guests flow. As we know more guests brings more revenue. 13. Performance indicators to measure the success of room sales A general manger who reviews the report of a recent five-day block-out period, as depicted in Table 2, would find that the period restricted for a five-day minimum length of stay worked well for May 1-3, but 178 room reservations were lost for May 4-5. The director of marketing and sales will have to research the contracts the hotel had with the various groups involved. Also, the front office manager should ask if the front desk clerks, bell staff, or cashiers heard any guest comments on why they checked out earlier than scheduled. The turn away business on May 3-5 might also indicate that the convention events scheduled on these days were more interesting or that the members of this group did not want to commit to a five-day stay and wanted reservations for only the last three days of the convention. Table 2 Turn away business report Date Yield % No. Rooms Turned away $ Lost @ $95 Rack Rate May 1 98 35 3,325 May 2 96 20 1,900 May 3 93 60 5,700 May 4 50 90 8,550 May 5 50 88 8,360 13.1 Considerable factors to review the performance of sales manager Were the anticipated profits outlined in the budget achieved? Use of a VIP Guest Card indicates to the restaurant manager that the guest was referred by the front desk clerk. Similar types of controls will enable management to pinpoint the origins of room reservations, gift shop purchases, and other sales. A recordkeeping system must be established to reflect the amount of money awarded to front office employees as incentives to increase sales in targeted areas and the directors should consider these costs in terms of generating revenues. The details of this recordkeeping system must be worked out with the various department directors and the controller. 13.2 Present and communicate appropriate findings of the Sales manager Front office management includes helping to promote the overall profitability of a hotel. Developing a point-of-sale front office involves developing a plan of action, which includes setting goals and objectives, brainstorming areas for promotion, evaluating alternatives, discussing supportive areas for consideration such as incentive programs and training programs, projecting anticipated revenues and related expenses in a budget, and preparing feedback mechanisms. This simple framework for planning will allow front office managers the opportunity to gain a larger perspective on the issue rather than pushing forward with desperate efforts to produce sales.
Friday, October 25, 2019
The Azores :: essays research papers
The Azores is located in the middle of the Atlantic Ocean in between North America and Europe. Azores is a region not a country. The main language is Portuguese. The archipelago is 760 miles from Lisbon and 2,110 miles from New York. Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â The Azores is made up of nine beautiful and fascinating islands, Corvo, Flores, Faial, Graciosa, Pico, Sao Jorge, Sao Miguel, Santa Maria, and Terceira. A group of islands like this is also called an archipelago. They are divided into three groups. The Eastern group is made up of Santa Maria and Sao Miguel. The central group is made up of Terceira, Graciosa, Sao Jorge, Pico, and Faial. The western group is made up of Flores and Corvo. Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â The capital of these islands are: Corvo, Vila Nova do Corvo, Flores, Lages, Faial, Horta, Graciosa, Santa Cruz, Pico, Lagis, Sao Jorge, Vila das Velas, Sao Miguel, Ponta Delgada, Santa Maria, Vila do Porto, and Terceira, Angra do Heroismo. Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â All the islands have there own little story on which they tell their history and important facts and this all makes up the history of the Azores. Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â First I will start with the island of Sao Miguel: which is also known as the Green island because color given by the Forests. Sao Miguel is the most populated of the nine islands, and has an area of 297 square miles and a population of 250,000. The discovery of this island took place sometime between 1426 and 1439. Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Santa Maria: The island of Santa Maria has an area of 42 square miles. It is the southernmost island in the archipelago and its major settlement is Vila do Porto its capital. Its exact date of discovery is still a matter of discussion today. It is believed that it was discovered between 1427 and 1432. The settlement of the island took place during the course of the 15th century. Santa Maria is exceptional for the way its white painted cottages with their unusual chimneys are scattered over the landscape. Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Terceira: The island of Terceira has an area of 250 square miles. Its called Terceira because it was the 3rd island to be discovered. About 1450 a Fleming, Jacome de Bruges, began to colonize the island. Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Owing to its privileged location, the island was then the port of call for Portuguese ships sailing the Atlantic. Angra was the 1st settlement to be razed to the status of township (1534).
Thursday, October 24, 2019
Research on Cost Control and Management of Real Estate Project Essay
This paper takes the cost control and the management of real estate project as the object in research, and analyzes and studies relevant issues. By analyzing the cost structure of real estate construction, this paper identifies problems in cost control and management of real estate construction at present. Along with the fast development of China’s economy, the real estate industry has achieved wonderful successes, pulling economic development significantly, and contributing a lot to China’s economic development. Today, real estate construction assumes more tasks. In 2008, 3,000 billion RMB enters real estate construction. The cost control and regular management of real estate construction turns into the focus. Once the construction cost is out of control, it will lead to a great waste and will bring about more pressures for property management in later. A nice cost control is meaningful for the whole real estate construction project. To realize better cost control and management of real estate construction is important for today’s harmonious society. The cost of real estate construction is composed of four parts. The first part is the land cost, accounting for 30% of the total cost. It mainly refers to cost for building land, greening land, equipped facility land, and property management land. The second part is the construction installation cost, as the main body of real estate construction cost, accounting for 20%-50% of the total cost. Among the construction installation cost, materials cost the most, accounting for 60% of construction installation cost. The third part is the cost for equipments and machines, accounting for 1%-3% of the total cost. This part is mainly for meeting the needs of operations, management, and maintenance. The fourth part is other cost, accounting for more than 15% of the total cost. It is difficult to control this part. It mainly includes the cost for investigation and design, the cost for project supervision, and the cost for infrastructure. In special, the management cost usually surpasses the budget, which is the largest part that is hard to control in real estate construction. The management cost is only accounting for 1% of the total cost. But the absolute amount is large. It is easy for the construction company costing more in management. At present, serious problems exist in the cost control and management of real estate construction. For example, for some real estate construction, the design is earlier than the study of feasibility, which makes the later turn into useless. In bidding, some construction companies perform illegally, which makes the bidding fail to control project cost well. The popularization of assigned subcontracts and various subcontracts serve as potential threats for project quality. The delay for project payment, especially for workers’ wages, is serious. Some projects can not manage the changes of designs. Construction companies fail to follow the designs completely, which may lead to larger costs for construction. Some construction companies emphasize on the control of quality and period but fail to control the cost. All these activities make the cost of real estate construction out of control in China, which is harmful for the sustainable and healthy development of real estate industry . * Fail to Estimate the Project Exactly: Investment estimation is performed at the very beginning, namely in the study of feasibility. Present compilation of study of feasibility is lack of details. No effective items to control the number of project. The estimation has a lower preciseness. Besides, the study of feasibility has no necessary investigation. Some potential geological disasters can not be identified effectively, which leads to the rise of costs. Although some companies make â€Å"details for implement†, the effect is poor. In order to establish the project, some companies may reduce the number of project and decrease costs. * The Compilation of Project Budget Has Poor Reliability: At the stage of design, the investigation is far from sufficient. Some fundamental materials for design are inexact. As a result, the design may be irrational and will be changed significantly in construction, which causes the poor reliability of budget. * Working Drawing Budget is Unpractical: At the working drawing design stage, compile the project budget according to the design. The working drawing budget is to calculate the cost of design. The rationality of working drawing budget is about how to organize the construction and how to reach the design requirements by what kinds of methods, plus how to arrange the construction period, and how to manage workers and machines under different seasons, according to scientific designs. All these tasks are supposed to be arranged by construction companies. For design companies, to compile the budget is unpractical. * Do not Follow Basic Construction Procedures and Cannot Control Costs: For some projects, time is urgent. Therefore, the design is maybe imperfect. And the construction does not follow the basic procedures strictly. Sometimes, the study of feasibility turns into useless papers. As a result, the estimation and the budget cannot control the project cost effectively. * Contract is not Managed Well, Especially for Subcontracts and External Workers: Some real estate developers neglect to manage contracts. They do not follow the terms written in contracts strictly. Besides, some developers cannot calculate the cost of project quantities correctly. They are incapable of managing external workers effectively. * Irregular Management and Many Changes for Project: Real estate developers cannot design properly and have to change the management methods. Or, the execution is weak. They can change the design as will. Then, the scale of project is increasing and the cost is rising. * The Financing Structure is Unreasonable and Depends on One Financing Channel too Much, Which Contributes to the Rise Of Costs: At present, the funds for real estate construction in China are mainly from domestic loans, foreign funds, self-collected by construction companies, and other sources. Although financing ways are few and some are immature, limits are more. Sometimes, funds can not arrive in time. In order to insure the process of project, the construction companies have to apply loans from banks. Therefore, a large proportion of construction funds are from banks as loans. And the credit period is long and cannot match with investment return. The characteristics of real estate industry determine the lagged-behind investment return. One financing channel increases risks and costs, which leads to the accumulation of loan balance in banks, increasing construction costs and pressures for later in operation. * Cost Management is Unscientific. Lack the Idea of Cost Control. System is Imperfect. Management Cost Is High: By auditing lots of projects, we find that management is one of factors that cause overspending. Main items that cause overspending include management fees, compensation fees for removing, and supervision. Main reasons include: Lack a perfect cost control system and cannot manage and control the cost systematically, which makes it hard to identify the out-of-control of cost in time. Lack the idea of cost control and the constraint mechanism. Project managers are always focusing on quality and construction period, but not cost control. The absence of system makes the expenditure more irregular. No integrated standards for management fee are effective. Workers are more than necessary in construction companies.
Wednesday, October 23, 2019
Body Systems
Brenda Young Several systems in the human body maintain its proper function. These systems fight disease and infection; maintain proper blood flow to lungs and body, and dispose of any waste that the body no longer needs. Learning how each system works was educational and quite amazing. Our immune system fights off bacteria, viruses, and disease. Our environment if full of harmful toxins that our bodies are subject to daily.Most of the viruses are harmless, and our immune system can protect against them. The few that are able to invade our body's defenses can cause terrible disease and possibly death. A virus by itself is incapable of reproducing, it is not until the body and cells become invaded that disease can set in. In a short amount of time, the infected cells generate hundreds of thousands of new viruses released into the bloodstream where they are free to infect other cells.Skin, inflammatory response and the immune system are three defenses our body uses to fight disease and infection (Chairs, â€Å"Immune System,†2013). Without the digestive system, the protein ND starch in our food could not be broken down into usable molecules, and therefore would be useless. Digestion and absorption of the food we eat is done so with the help of several organs in our body. The nervous system and the endocrine system control the digestion process.Once we have chewed our food and activated the release of saliva, the brain sends a message to our stomach where a protein- digesting enzyme from glands in the stomachs lining is released. Two hormones then circulate in the blood entering the pancreas where pancreatic Juice containing food- setting enzymes and sodium bicarbonate is released and food is broken down for the body to use and absorb (Chairs, â€Å"Digestive System,†2013).The entire way the human body functions are interesting and unbelievable. By maintaining good health with nutrition and exercise, we help the immune system fight infection and ou r digestive system can easily dispose of and break down the food we eat. When our body is healthy, our minds are healthy. References Chairs, D. D. (2013). Human Body Systems: Structure, Body, Environment (2nd De. ). Retrieved from The University of Phoenix eBooks Collection database.
Tuesday, October 22, 2019
What is the importance of oral argument in judicial decis essays
What is the importance of oral argument in judicial decis essays Oral argument in appellate courts has become more and more unusual. In a few courts, oral argument is only heard when requested or when ordered by the court. (Mosk, 2) The time allowed for oral argument has dropped sufficiently as well. In one case from the 1800s, Dartmouth College vs. Woodward, Daniel Webster argued for three days. (www.landmarkcases.org) In 1970, The Supreme Court changed the rules from allowing one hour of oral argument from each side to only allotting thirty minutes. (www.landmarkcases.org) Oral argument has become shorter and less common but does that mean that it lacks importance? It is argued that judges make up their minds after reading the briefings and that oral argument is not needed for a decision to be reached. (Bach, 11/30/2004) In the 1980s, Judge Myron H. Bright, United States Court of Appeals Eighth Circuit, tracked the amount of cases where himself and two of his colleagues changed their ruling based on oral argument. The judges would read the briefings and declare a provisional conclusion. Then after hearing the oral arguments, the judges noted whether the final conclusion was consistent with the provisional conclusion. The end results were that Bright changed his opinion thirty-one percent of the time, while his two colleagues changed theirs seventeen percent and thirteen percent of the time. (Bright, 17) Supreme Court Justice Scalia stated that oral argument is more than a time for the lawyer to speak their point but it is a time for Justices to exchange information among themselves. You hear the questions of others and see how their minds are working, and that stimulates your own thinking. I use it to give counsel his or her best shot at meeting my difficulty with that side of the case. (www.weta/pastproductions.org). Justice John M. Harlan wrote oral argument gives an opportunity for interchange between court and counsel which briefs do not give. For my pa...
Monday, October 21, 2019
The Rules of Attraction essays
The Rules of Attraction essays Main characters - Lauren, Victor, Paul, Sean, Laura The entire novel is set in a backwards motion, essentially the story moves from end to beginning, but explaining the story of everyone of the characters separately while all leading to the same conclusion. Sean is an angry and cynical person who deals drugs and falls in love with Lauren, at the beginning of Sean's story he receives a love letter who he believes to be from Lauren. After going through a small deal of having a gun held to his head by his drug supplier Sean goes around trying to collect money people owe him to pay back his supplier. The story then switches to Paul's story where him and Sean meet at what's called the Edge of the World party. After this comes morning, this is where Sean and Lauren meet after walking to a class that ends up canceled. At this point you can see that Sean and Lauren have chemistry, this is the first time we notice love in the novel. That night Lauren and Laura are talking about the nights party, Lauren looks through a book of venereal diseas es to deter from having sex. This is also when we first learn of Lauren's love for Victor, who is in Europe to study abroad. At the party Paul and Sean meet up and talk, and then they go back to Paul's room to smoke some "pot". They disappear and the novel moves to Lauren and Laura talking about where Sean and Paul went. This is the point where we find out that Paul has feelings for Sean, the strangest part of this segment is that while Sean is smoking pot, Paul begins to masturbate and fantasize about Sean, while Sean is lightly passes out. The next morning Sean goes back to his mailbox to find another love letter, he still believes this to be from Lauren. That night the story goes to Lauren and Laura sitting around their room sniffing cocaine talking about Sean and how Lauren is starting to fall for him. At almost that exact same time, Paul calls Sean and Sean has no idea w ...
Sunday, October 20, 2019
Biography of Diane Nash, Civil Rights Leader
Biography of Diane Nash, Civil Rights Leader Diane Judith Nash (born May 15, 1938) was a key figure in the US Civil Rights Movement. She fought to secure voting rights for African Americans as well as to desegregate lunch counters and interstate travel during the freedom rides. Fast Facts: Diane Nash Known For: Civil rights activist who cofounded the Student Nonviolent Coordinating Committee (SNCC)Born: May 15, 1938 in Chicago, IllinoisParents: Leon and Dorothy Bolton NashEducation: Hyde Park High School, Howard University, Fisk UniversityKey Accomplishments: Freedom rides coordinator, voting rights organizer, fair housing and nonviolence advocate, and winner of the Southern Christian Leadership Conferences’ Rosa Parks AwardSpouse: James BevelChildren: Sherrilynn Bevel and Douglass BevelFamous Quote: â€Å"We presented Southern white racists with a new set of options. Kill us or desegregate.†Early Years Diane Nash was born in Chicago to Leon and Dorothy Bolton Nash during a time when Jim Crow, or racial segregation, was legal in the U.S. In the South and in other parts of the country, blacks and whites lived in different neighborhoods, attended different schools, and sat in different sections of buses, trains, and movie theaters. But Nash was taught not to view herself as less than. Her grandmother, Carrie Bolton, particularly gave her a sense of self-worth. As Nash’s son, Douglass Bevel, recalled in 2017: â€Å"My great-grandmother was a woman of great patience and generosity. She loved my mother and told her no one was better than her and made her understand she was a valuable person. There’s no substitute for unconditional love, and my mother is just really a strong testament to what people who have it are capable of.†Bolton often took care of her when she was a small child because both of Nash’s parents worked. Her father served in World War II and her mother worked as a keypunch operator during wartime. When the war ended, her parents divorced, but her mother remarried to John Baker, a waiter for the Pullman railroad company. He belonged to the Brotherhood of Sleeping Car Porters, the most influential union for African-Americans. The union gave workers higher pay and more benefits than employees without such representation. Her stepfather’s job afforded Nash an excellent education. She attended Catholic and public schools, graduating from Hyde Park High School on Chicago’s south side. She then headed to Howard University in Washington, D.C., and, from there, to Fisk University in Nashville, Tennessee, in 1959. In Nashville, Diane Nash saw Jim Crow up close. â€Å"I started feeling very confined and really resented it,†Nash said. â€Å"Every time I obeyed a segregation rule, I felt like I was somehow agreeing I was too inferior to go through the front door or to use the facility that the ordinary public would use.† The system of racial segregation inspired her to become an activist, and she oversaw nonviolent protests on the Fisk campus. Her family had to adjust to her activism, but they ultimately supported her efforts. A Movement Built on Nonviolence As a Fisk student, Nash embraced the philosophy of nonviolence, associated with Mahatma Gandhi and the Rev. Martin Luther King Jr. She took classes on the subject run by James Lawson, who’d gone to India to study Gandhi’s methods. Her nonviolence training helped her lead Nashville’s lunch counter sit-ins over a three-month period in 1960. The students involved went to â€Å"whites only†lunch counters and waited to be served. Rather than walking away when they were denied service, these activists would ask to speak with managers and were often arrested while doing so.  Four students, including Diane Nash, had a sit-in victory when the Post House Restaurant served them on March 17, 1960. The sit-ins took place in nearly 70 US cities, and roughly 200 students who took part in the protests traveled to Raleigh, N.C., for an organizing meeting in April 1960. Rather than function as an offshoot of Martin Luther King’s group, the Southern Christian Leadership Conference, the young activists formed the Student Nonviolent Coordinating Committee. As a SNCC co-founder, Nash left school to oversee the organization’s campaigns. Sit-ins continued through the following year, and on February 6, 1961, Nash and three other SNCC leaders went to jail after supporting the â€Å"Rock Hill Nine†or â€Å"Friendship Nine,†nine students incarcerated after a lunch counter sit-in in Rock Hill, South Carolina. The students would not pay bail after their arrests because they believed paying fines supported the immoral practice of segregation. The unofficial motto of student activists was â€Å"jail, not bail.†While whites-only lunch counters were a big focus of SNCC, the group also wanted to end segregation on interstate travel. Black and white civil rights activists had protested Jim Crow on interstate buses by traveling together; they were known as the freedom riders. But after a white mob in Birmingham, Ala., firebombed a freedom bus and beat the activists on board, organizers called off future rides. Nash insisted they continue. â€Å"The students have decided that we can’t let violence overcome,†she told civil rights leader the Rev. Fred Shuttlesworth. â€Å"We are coming into Birmingham to continue the freedom ride.† A group of students returned to Birmingham to do just that. Nash began to arrange freedom rides from Birmingham to Jackson, Mississippi, and organize activists to take part in them. Later that year, Nash protested a grocery store that would not employ African Americans. As she and others stood on the picket line, a group of white boys started throwing eggs and punching some of the protesters. The police arrested both the white attackers and the black demonstrators, including Nash. As she had in the past, Nash refused to pay bail, so she remained behind bars as the others went free. Marriage and Activism The year 1961 stood out for Nash not only because of her role in various movement causes but also because she got married. Her husband, James Bevel, was a civil rights activist, too. Marriage didn’t slow down her activism. In fact, while she was pregnant in 1962, Nash had to contend with the possibility of serving out a two-year prison sentence for giving civil rights training to local youth. In the end, Nash served just 10 days in jail, sparing her from the possibility of giving birth to her first child, Sherrilynn, while incarcerated. But Nash was prepared to do so in hopes that her activism could make the world a better place for her child and other children. Nash and Bevel went on to have son Douglass. Diane Nash’s activism attracted the attention of President John F. Kennedy, who selected her to serve on a committee to develop a national civil rights platform, which later became the Civil Rights Act of 1964. The next year, Nash and Bevel planned marches from Selma to Montgomery to support voting rights for African Americans in Alabama. When the peaceful protesters tried to cross the Edmund Pettus Bridge to head to Montgomery, police severely beat them. Stunned by images of law enforcement agents brutalizing the marchers, Congress passed the 1965 Voting Rights Act. Nash and Bevel’s efforts to secure voting rights for black Alabamians resulted in the Southern Christian Leadership Conference awarding them the Rosa Parks Award. The couple would divorce in 1968. Legacy and Later Years After the Civil Rights Movement, Nash returned to her hometown of Chicago, where she still lives today. She worked in real estate and has participated in activism related to fair housing and pacifism alike. With the exception of Rosa Parks, male civil rights leaders have typically received most of the credit for the freedom struggles of the 1950s and ’60s. In the decades since, however, more attention has been paid to women leaders like Ella Baker, Fannie Lou Hamer, and Diane Nash. In 2003, Nash won the Distinguished American Award from the John F. Kennedy Library and Foundation. The following year, she received the LBJ Award for Leadership in Civil Rights from the Lyndon Baines Johnson Library and Museum. And in 2008, she won the Freedom Award from the National Civil Rights Museum. Both Fisk University and the University of Notre Dame have awarded her honorary degrees. Nash’s contributions to civil rights have also been captured in film. She appears in the documentaries â€Å"Eyes on the Prize†and the â€Å"Freedom Riders,†and in the 2014 civil rights biopic â€Å"Selma†, in which she’s portrayed by actress Tessa Thompson. She is also the focus of historian David Halberstams book â€Å"Diane Nash: The Fire of the Civil Rights Movement.â€
Saturday, October 19, 2019
Study Skills Assignment Example | Topics and Well Written Essays - 750 words
Study Skills - Assignment Example A few years ago AIDS and Cancer were the only concerns of mankind when it came to incurable epidemics. Recently new more terrible diseases like ‘Bird Flu’ and ‘Swine Flu’ have threatened human existence with their accelerated growth. More than half of earths total population productivity has already been diverted towards human use (Brown, 2004; Green, 1992). This population continues to grow at an alarming pace. Only in the last fifty years human population had doubled from 2.5 billion to 6.1 billion. Will our earth be able to support a population of 12.2 billion in 2050 (currently 76 million people are added to our population each year)? This is the question that needs to be asked. The Earth’s productive capacity will not be enough to sustain such a pace in population growth. Most of this population increase is fueled by developing nations with lack of health care facilities. This contribution cannot be controlled by increasing awareness only because ‘most of the increase is by population momentum (49%), followed by unwanted pregnancies (33%)’. Moreover if we expand our focus to the entire world almost 80 million out of a total 210 million is contributed by unwanted pregnancies. This is a cl ear target for mankind, healthcare facilities and birth control can help reduce the alarming rate of population growth. For this purpose financial help is needed to provide low cost and preferably free contraceptives to underdeveloped nations. ‘This would almost need approximately around $54.8 billion dollars’. The continuous increase in population is placing an intense pressure of natural resources. According to the world back currently approximately 2 billion people in the world are malnourished. This is more than thirty percent of total world population. This situation is expected to get worse as population grows and productivity of crops
Friday, October 18, 2019
Business Plan for a Coffee House Assignment Example | Topics and Well Written Essays - 3500 words
Business Plan for a Coffee House - Assignment Example The main purpose of my business plan is to start a coffee house venture as I feel that this is a very viable option. In California today, there are a large number of coffee houses that run because of a demand created by people to have a place where they can sit, relax and enjoy beverages and eatables. Most people are willing to pay a certain amount of money as they would rather meet their friends and family at such locations and enjoy a nice morning, afternoon or evening with them. The sales for coffee have kept on increasing over the last decade despite a time of financial downturn. This is because this is a beverage that has a lasting demand among the community. Therefore, the main purpose of my business plan is to provide people with a place to enjoy their beverages in, coupled with European style food so that they are attracted by the quality and creativity that I have attempted to bring about with the help of my plan. (Weitzman, H. 2006) Other than this, the purpose is also to provide employment, generate profits as well as bring about a fair trade where the farmers who I import my coffee from will be guaranteed at least $1.26 per pound which is twice the going rate for coffee. (Weber, Jeremey 2007) (Weitzman, H. 2006) My products will include a number of meals and beverages as well as desserts, mostly European ones so that people find some amount of differentiation and this is what helps to set my venture apart from the already established coffee houses in the country. I wish to provide the age bracket of 14-28 years a place, with free wireless internet so that they are able to come, relax and enjoy good food and coffee, and at the same time, get their work done, meet their friends and just have a bit of change away from home. I feel I will be able to carry out this project very well since I have excellent interpersonal skills and also a very dynamic personality. I am aware that there are many competitors in this industry such as Starbucks.
Job Analysis and The Americans with Disabilities Act Research Paper
Job Analysis and The Americans with Disabilities Act - Research Paper Example Over the years, the job analysis process has been used to analyze jobs, which have turned out to be detrimental as well as ineffective to the organization’s performance. The current job analysis methods have recently incorporated the role of the American with Disabilities Act (ADA).The American with Disability Act was legislated in the year 1990 whose main effort was to combat the existing discrimination that was present against the disabled in the society. Despite the passing of this Act, little is known of its impact to the job analysis process, a main pillar to the personnel practices. At the same time, the practitioners in the various human resource departments are in a dilemma on how to undertake the job analysis methods in implementing the American with Disabilities Act of 1990. In addition to this, vague terminologies such as â€Å"reasonable accommodation†as well as â€Å"essential functions†have proved to be a difficult task in terms of their definitio n (Mitchell, et al, 2001, p. 5). American with Disabilities Act in America The passing of American with disabilities act by the congress is said to be one of the major legal steps that sought to curb down the existing discrimination that existed towards the disabled people in the American population. The people with disabilities faced discrimination in the different areas of their daily lives including in workplaces. Despite having explicit and good intensions, the ADA was not sufficiently formulated to cover all the shortcomings. Shortcomings have arisen since the time of its passing that relate to limited protection towards employees as well as applicants who have different disabilities. The U.S Supreme Court over the years issued countable rulings under the American with Disabilities Act that has had an effect to the rights of the employees with disabilities. The rulings that were made have both negative and positive effects as they are attributed to the adversary and advocacy of aiding people with disabilities. The court on its part has not helped much in some instances as it is accused of disregarding to listen to additional crucial issues that affect the disabled people. Such actions have placed people with disabilities in a tight corner in regards to their legal rights assurance. The ADA was passed in 1990 by the American congress as it sought to prohibit discrimination towards the millions of Americans that have mental or physical disabilities in the various public sectors that included the workplace. This was in line with the fact that majority of the people with disability had traditionally been discriminated in the workplace and even denied job opportunities. The incorporation of the ADA in the workplace has had an impact to both the employees and the employers (Mello, 2002, p. 176). Over two decades have passed since the passing of the ADA in 1990 by the American congress. However, according to the study of 2008 conducted by the American Community Survey (ACS), it is estimated that about 39.5% of the working age persons with disabilities regardless of their background, race, education level, or gender were achieved their employment application as compared to 79.9 % of their counterparts without disability. In comparison to their income earnings, the disabled persons were said to be earning an average of 39, 600 dollars annually while their
Expatriates in Bahrain Essay Example | Topics and Well Written Essays - 2250 words
Expatriates in Bahrain - Essay Example The politicians in power use it more for personal gain and indulge in vote-bank politics. The visual media should persuade in inviting such people for having face to face interviews and group discussions, with the happenings telecast live on air for the public. Although it is common in some of the countries, it still has a role to play in questioning the integrity of politicians who need to perform consistently over a long period of time. For example, the Network 18 channel group organizes interviews called 'Devil's Advocate' in India with popular figures being questioned. Many countries should follow suit by interviewing politicians in their locale. Of late, many environmentalists are spreading awareness about the Greenhouse effect. The media should help them in reaching out to the public, informing them the statistics regarding pollution, power consumption, etc. There is a team called 'Action network' formed by BBC news corporation where people can get guidance on starting campaigns, and discuss with others who have the same interest. It is for this reason that in 2005, Action Network was awarded top position in the World Forum on eDemocracy's list, highlighting the 'Top Ten Who Are Changing the World of Internet and Politics'. Many News channels all over the world should be encouraged like this to initiate such activities of public welfare. The mass media should also help the Government in getting the views of the public. It should also help the law makers by bringing out facts of how criminals get unscathed through the holes in the law. This could happen only if media takes the responsibility in analyzing the case and bringing the results to the public. Media should also bring out valiant attempts like using Hidden cams in places of suspicion, in uncovering bribery, scandals, forgery and record the incidents that they are confronted with. This would help the Police realize, where they stand in terms of protecting the law and would also gain in convicting the law breakers by the evidences received through media. While media brings updated information from all parts of the world, it is imperative for it to make people realize their global position in the field of Science and Technology. News reports of electronic gadgets, industrial equipments and scientific tools and methodologies should help people to upgrade themselves with the changing world. Computerization was a big factor in the world's development and most of which was possible only through the influence of Media. Media does and should help people to know about the satellites, defense equipments, infrastructure and functioning of other countries so that collective efforts can be taken to make their own Government to have such means. Of course, the challenge is big for the media to achieve such a big task because of pressure from politicians, police and some other people. All said, the media should continue to strive in its efforts to ensure public welfare. The public in turn should help the media in achieving the common objective of changing the 'Face of the Nation'. Expatriates in Bahrain - An Asset or a Burden All that is good does not come cheap. This can be compared with the situation in Bahrain. I have read from the news reports that Bahrain, an isolated kingdom in the heart of Middle East has a rapidly growing
Thursday, October 17, 2019
Thoreau Essay Example | Topics and Well Written Essays - 500 words
Thoreau - Essay Example Thoreau questions the power of majority stating that the decision of majority does not necessarily ensure superior wit or justice. In the same way, it will be a fallacy if any one thinks that individual choices are inferior to the decision of majority. Regardless of the utmost virtue, governmental decisions are often subjected to the interest of majority groups. Thoreau was influenced by the social conditions in which slavery had been the major characteristic. Yet his convictions are of great relevance today as the modern democracies like the United States, UK, and India have been testing this ‘game of right and wrong’ (voting) for decades. The political settlements in these multicultural nations have become a sort of ‘betting’ as Thoreau envisaged because representation is the inevitable, perhaps the sole strategy for minority groups to negotiate their privileges with majority. It is believed that democratic representation will help control the majority by promoting a win-win atmosphere. Moreover, important decisions could only be taken after detailed discussion and debate. Minority groups are given chances to achieve their goals and to limit the interests of other groups as well. In contrast, though minority groups and other weaker sections are given constitutional backup for proportional representation in legislation, justice has always been left to the choice of majority. Thoreau suggests that people should not allow government to weaken their conscience. He also states that if any one hold back one’s conscience in favor of law, the person is badly serving the state. Moreover, the power of majority might curtail the freedom and rights of other communities. Therefore, he believes that a wise man can not leave the right to the mercy of chances. Leaving the justice to the choice of majority is highly irresponsible act that can bring ultimate
Anything that expresses my belief system Essay Example | Topics and Well Written Essays - 500 words
Anything that expresses my belief system - Essay Example No doubt everyone would think that is the most inhuman thing to a person. Why then do some people think abortion should be a human right when it is clear that it contravenes the moral pillars of our society? Many people thin that abortion is a fundamental human right that should be observed. I was one ardent support of abortion until my interaction with Juliet, a pro-life activist, who is now a good friend of mine. It was around 10 a.m. on a Saturday when I and my friend Rose set for an appointment with a doctor who was to perform an abortion for Rose. As we were travelling to the hospital, which was far off our residential area for fear of meeting people who knew us, I kept mulling over many things. What if this unborn child could be the future president of this country? What if the procedure goes wrong and Rose would never have another baby? What if our parents had done the same thing, would we be there today? The questions kept flooding my mind, but I would not confront my friend to stop what she had planned for an entire fortnight. As we sat patiently waiting for our turn with the doctor, a young beautiful lady approached us. She seemed to have known what service we were seeking. â€Å"My dear sister, abortion is not the best thing to do. Imagine if your mother had done the same thing to you, where would you be? It is ungodly and violates the child’s right to life†. These words keep ringing on my mind every moment I hear the word â€Å"abortion†. Despite all her attempts to woo Rose from aborting her baby, she insisted. Unfortunately, things never went well and Rose later succumbed from some complication she developed after procuring the abortion. Her inhumane behavior as Juliet put it turned against her. Kant morality emphasizes reason, duty and good will (Hill 20). Kant argues that we should pursue moral perfection. In many societies, moral values hold that murder is wrong. This universal agreement is what Kant refers
Wednesday, October 16, 2019
Thoreau Essay Example | Topics and Well Written Essays - 500 words
Thoreau - Essay Example Thoreau questions the power of majority stating that the decision of majority does not necessarily ensure superior wit or justice. In the same way, it will be a fallacy if any one thinks that individual choices are inferior to the decision of majority. Regardless of the utmost virtue, governmental decisions are often subjected to the interest of majority groups. Thoreau was influenced by the social conditions in which slavery had been the major characteristic. Yet his convictions are of great relevance today as the modern democracies like the United States, UK, and India have been testing this ‘game of right and wrong’ (voting) for decades. The political settlements in these multicultural nations have become a sort of ‘betting’ as Thoreau envisaged because representation is the inevitable, perhaps the sole strategy for minority groups to negotiate their privileges with majority. It is believed that democratic representation will help control the majority by promoting a win-win atmosphere. Moreover, important decisions could only be taken after detailed discussion and debate. Minority groups are given chances to achieve their goals and to limit the interests of other groups as well. In contrast, though minority groups and other weaker sections are given constitutional backup for proportional representation in legislation, justice has always been left to the choice of majority. Thoreau suggests that people should not allow government to weaken their conscience. He also states that if any one hold back one’s conscience in favor of law, the person is badly serving the state. Moreover, the power of majority might curtail the freedom and rights of other communities. Therefore, he believes that a wise man can not leave the right to the mercy of chances. Leaving the justice to the choice of majority is highly irresponsible act that can bring ultimate
Tuesday, October 15, 2019
Ambition Essay Example for Free
Ambition Essay Ambition is the strong desire to achieve something in life. A person without future ambition is like a relationship without trust. Having ambition requires continuous effort towards achieving it. One cannot achieve anything if one just day dreams and does nothing. My greatest ambition is to attend medical school, and become a doctor. I was inspired by my grandmother, as well as, the great passion I have in helping others. Seeing the person that one loves in agony is hard, but not being able to do something to help is even harder. I experienced something like this when my grandmother became very ill with liver cancer. She had always been a strong woman with a strong desire of helping others. But with her condition, she had to become dependent on us, something she hated. She came here to seek better medical care, because the medical care in Mexico is very poor. Her arrival brought many changes to my life; socially and mentally. I spent most of my time watching after her in the hospital and at home. The responsibility that was set on me was hard, but I enjoyed every moment, and memory that I obtain from it. That experience brought both negative and positive situations to my life, which shaped me into the person I am now. Like I said, the moments and memories spent with her are something that will stay with me forever. But, also, my overall performance at school was affected. The circumstances caused me to leave at half way through my 8th grade year. I can say now, that back in those days I cared little about school and didnt see leaving school as a big problem. But now that I have the opportunity to look back, I don’t regret the moments missed because I have the certainty that I did it for the best reasons. Seeing all the attention and help she received from doctors and nurses was the final factor that convinced me to become a doctor. My goal after I become a doctor, is to move back to Mexico to serve my country, and contribute in making medical attention better. In conclusion, planning one’s future by having an ambition that one is determine to accomplish is important. Sitting in hope that life will bring everything ones way will get one no further from where one started. And like my grandmother always use to tell me, â€Å"success consists of a series of little, daily, victories. â€
Monday, October 14, 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
Subscribe to:
Posts (Atom)