Public Procurement Rules 2004 Mcqs 108.pdf [REPACK]
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Some legal scholars have argued that the exclusionary rule should not apply in the context of child-focused administrative proceedings. According to this argument, the child's parents and other caregivers have a legitimate expectation of privacy that warrants application of a warrant requirement. There are serious concerns about the reliability of the administrative proceedings, because the proceedings often do not take place in a judicial setting, and the legal standard of proof is often less than probable cause. As a result, the exclusionary rule could be used to deter many administrative proceedings, especially in situations where the case involves a vulnerable child. In contrast, courts have held that requiring a warrant could impair the ability of the government to safeguard the welfare of children.
For example, the IPEC Call for Standardization calls for a common set of rules (similar to the EU’s data protection rules ) which would be applicable to all participants and would provide for a common framework for cross-border enforcement actions.
Such a standard is not yet in place, but it seems to be a logical step for countries to follow. An example of such a standard is the EU’s EU Data Protection Regulation , which is an enforceable rule that applies the same standards to all EU members.
While there are no magic bullets, the following may be useful:
Enforce any existing rules for data retention. Offer guidance for law enforcement.
Monitor and evaluate the quality of data retention.
Encourage a fair balance between protecting privacy and supporting criminal investigations.
Take advantage of the recent advances in technology.
Another approach is to provide notice to registrants and a hearing. This approach is common in the UK, and it may be worth considering for United States registrants to avoid the unintended consequence that the US model becomes a unique exception to the general rule that there is no Fourth Amendment privacy right in a domain name.
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