Secrecy Rules Research Articles

Pay talk in contemporary workplaces

Abstract Drawing on a unique survey of US workers with information about their employers’ policies on pay discussions and whether workers engage in such talk with their coworkers, we provide the most comprehensive investigation into pay talk in workplaces to date. Unlike existing treatments, we focus on core organizational and relational factors that influence whether workers talk about pay. We theorize pay talk as a challenge to managerial discretion, and we hypothesize that organizational attributes related to pay-setting influence workers’ willingness to discuss wages and salaries with colleagues. Managers, in turn, combat such challenges to their discretion by instituting pay secrecy rules. Particular relational factors within organizations are related to workers’ violations of these rules. Findings indicate that the likelihood of pay discussions varies by workplace pay secrecy rules, managerial relations within organizations, and, in certain model specifications, sector and career turning points. Among status characteristics, only age is associated with discussing pay, with younger workers significantly more likely to talk about pay and to violate organizational rules meant to suppress pay discussions.

Juridical Review of the Honorarium Received Advocates from the Crime of Money Laundering

Law No. 18 of 2003 on Advocates, there explains that Advocates are entitled to honorariums of legal services they have provided to their clients. The problem is the honorarium received by the advocate from the client as suspects of money laundering crime is a legal honorarium or not according to the law and can it have implications for the criminalization of an advocate when receiving an honorarium from the client as suspects of money laundering crime? Based on the analysis of the legislation in force that the payment of honorarium from the client as suspects of money laundering crime as payment for legal services advocates are legal tender and can be held legally accountable. Advocates do not need to report on the honorarium they receive from the client as suspects of money laundering crime, this is because of the rules of secrecy of the position. Thus, advocates can not be prosecuted either civil or criminal in carrying out their profession. The Law on Advocates stipulates that they are entitled to receive fees or honorariums as compensation from the clients they are defending. This is related to the right of retention, namely the right not to return the documents held before the honorarium is first paid. Including using the right of retention to threaten and reduce the capacity as an advocate in defending and protecting his client. But in litigation, advocates are prohibited from using unnecessary costs, thus burdening their clients.

Optimalisasi Layanan Publik Badan Intelijen Negara Dalam Perspektif Global Cybersecurity Index

Indonesia is currently ranked 24th in the Global Cybersecurity Index (GCI) 2020. Indonesia's ranking can be improved by improving the assessment pillars of the GCI survey, one of the efforts is to improve the cyber security system of government agencies through Security Assessment. For this reason, the purpose of this study is to provide alternative solutions in order to optimize the public services of the State Intelligence Agency (BIN) in the form of Security Assessment in the perspective of the GCI 2020 survey. This research is a qualitative research using data related to BIN public services and then juxtaposed with data from the Global Cybersecurity survey. Index 2020 as a reference. The results of the study indicate that the optimization of the Security Assessment can be done by implementing cyber counterintelligence and optimizing the publication of services by paying attention to the rules of intelligence secrecy. With the optimization of the Security Assessment, it will affect the assessment of the Technical and Organizational pillars in the GCI survey so that it is expected that Indonesia's ranking will increase in the next survey.

Secrecy Rules and Exploratory Investment: Theory and Evidence from the Shale Boom

Secrecy Rules and Exploratory Investment: Theory and Evidence from the Shale Boom

Définitions, dérogations et applications du secret professionnel dans le cadre des soins pénalement ordonnées : revue de la littérature médicale et juridique française depuis 1998

IntroductionGuaranteed by several legal and deontological dispositions, professional secrecy is an essential aspect of medical care, especially concerning the therapeutic alliance. Since the creation in French law of court-ordered treatment, some information is likely to be shared between actors either from the field of healthcare or of justice. This questions the type of information that can be shared and the variances existing between the different types of court-ordered treatments, which are to be known by the professionals. MethodsFollowing the methodology of the French Haute Autorité de Santé, a systematic review of the legal and health literature has been conducted. Different databases such as PubMed, Cairn and Legifrance have been reviewed with the following keywords « secret », « injonction de soins » (court-ordered treatment) and « obligation de soins » (obligation of care). Only the French literature since 1998 has been retained and because it is often less pronounced by the courts, the case of the therapeutic injunction, which represents the third type of court-ordered care, has been excluded. ResultsConcerning the court-ordered treatment, on the one hand, the coordinating physician addresses the elements required in the control of measure to the Executive Magistrate. On the other hand, the Executive Magistrate sends a copy of the piece of the procedure to the coordinating physician, who transmits it to the general practitioner. The therapist can derogate from the medical secrecy in some circumstances as said in the law, either through the coordinating physician or the Executive Magistrate. In the case of obligation of care, where there is no coordinating physician, the general practitioner is still submitted to the classical rules of medical secrecy and only has to produce certificates of the follow-up with the patient. DiscussionSome authors have expressed their reservations about these new laws of derogation, especially concerning the blurred lines of the exception to these laws. Others have underlined the astonishing differences between court-ordered treatment and the obligation of care for almost similar clinical situations. ConclusionThe rules of shared information must be known by the professionals and stated clearly to the patient at the beginning of treatment. Then, professionals are invited to remain thoughtful concerning the nature of this information. Finally, and as the public hearing of June 2018, promoted by the FFCRIAVS (Fédération Française des Centres Ressources pour les Intervenants auprès des Auteurs de Violences Sexuelles), said, it could be interesting to promote meeting spaces between the different actors of the management of people under court ordered cares, so as to better identify the limits of each one.

Everyday secrecy: Oral history and the social life of a top-secret weapons research establishment during the Cold War

Despite the welcome turn within security studies towards a more material- and practice-oriented understanding of state secrecy, the ways in which security actors experience, practise and negotiate secrecy in their everyday work lives has been rather overlooked. To counter this neglect the article calls for attention to everyday secrecy. Focusing on a former top-secret weapons research facility in the UK called Orford Ness, it uses oral history to give an account of ex-employees’ memories, experiences and practices concerning secrecy. Such a focus reveals that subjects make sense of procedures and rules of secrecy in ways that are sometimes surprising and unexpected. Ultimately this perspective emphasizes that secrecy is not just what governments and organizations prescribe and proscribe; it is also shaped by subjects who negotiate these rules. Everyday secrecy matters: as a perspective it shows that secrecy is not simply imposed by states and organizations from ‘above’; it is also made from ‘below’, albeit very asymmetrically.

Indirect Compellence and Institutional Change: U.S. Extraterritorial Law Enforcement and the Erosion of Swiss Banking Secrecy.

Based on an in-depth, qualitative case study about a conflict between governmental authorities from the United States and Switzerland over the regulation of Swiss banks, we introduce indirect compellence as a novel triadic and indirect mechanism through which coercion leads to institutional change. Hostage-taking being a prototypical example, indirect compellence is typified by a coercive actor who takes a third party hostage to gain influence over a targeted actor. In our case, it meant that U.S. authorities (coercers) compelled Swiss policy makers (targets) to erode the famed Swiss banking secrecy rules by threatening the targets to otherwise enforce U.S. law extraterritorially against Swiss banks and bankers (hostages). Our constructivist and target-centered perspective explains this type of coercive pressure in detail, and it also suggests that targeted policy makers judge and respond to it contingent on their political ideologies. Our study contributes to research on power and influence in institutional environments and to research on global business regulation and transnational governance. Most generally, it also expands scholarly understanding of triadic relationships. In contrast to Simmelian perspectives’ focus on triads in which the third party is in a powerful brokerage position and frequently benefits as a tertius gaudens, our study suggests that the third party can also become a rather powerless tertius miserabilis who suffers rather than benefits from others’ conflict.

Towards a Single Standard of Professional Secrecy for Supervisory Authorities – A Reform Proposal

Recent case law on the scope of professional secrecy for the supervisory authorities in the financial sector and on the measure of openness of their files highlights the lack of coordination among the silos of supervision and the absence of clear and uniform professional secrecy rules across the financial sector. The introduction of the Single Supervisory Mechanism (SSM) makes this situation more acute: notwithstanding a centralised system of banking supervision, different approaches may exist in respect of access to files, even when based on EU legislation. This contribution addresses the accountability of supervisory authorities and, notably the European Central Bank (ECB), from the perspective of access to supervisory files, as a prelude to possible follow-up proceedings for failing supervision. Recent judgments in the Altmann, Baumeister, Buccioni, and UBS Europe cases slowly move the case law on supervisory secrecy towards more openness, long after Hillegom/Hillenius (1984). The judgments lead us to wonder whether the absence of legislative coordination and questionable drafting is being remedied by the judiciary. The variety of legislative provisions and relevant recent case law form the backdrop of our proposal to adopt a Regulation on professional secrecy for supervisory authorities in the financial sector, which would institute a single standard that is directly applicable across Member States and supervisory authorities.

ANALYSIS OF ACCESS TO LEGAL PROFESSIONS OF PUBLIC TRUST IN POLAND IN 2010-2017

The profession of a lawyer, notary or legal adviser is commonly perceived as a profession of special significance for society, and also as a public service for the protection of higher-order goods such as the social order of the rights of individual freedom, health, life or personal or social property. Ethical values during the performance of these professions, detailed standards of professional ethics, observance of the rules of diligence and professional secrecy are some of the attributes of these professions that make them professionals of a special character in the social dimension - these are jobs endowed with a huge loan of social trust.

Internet as a method of trolling offensive intelligence operations in cyberspace

The paper analyzes Internet trolling as an operational intelligence activity, and the challenges it presents for national security, as well as the assessment of possible strategic protection of national cyberspace. This problem arises since collecting the data through automated programs eliminates guarantees of ethical grounds for their gathering in terms of clear reason, integrity of motives, proportionality of methods and the relevant authority. The basic thesis is that intelligence gathering on the Internet may be used against the basic values of states. Functionally, due to characteristics of the targets, trolling is conducive for collecting strategic information related to individual and collective attitudes and their contextualization; or the economic entities and critical infrastructure of national crisis management system, as well as for the influence on the political decisions. Also, because of the network properties, it is suitable for identifying, locating of potential sources of information and gaining their cooperation on the basis of motivation to support the objectives. The tasks of cyber data collection include psychological profiling, imposing attitudes, conducting secret surveillance on a massive scale and interception of communications. Internet trolling enables an access to primary data on the territory of other states, and thus it is suitable for secret and covert “installation” in the online community; for organized attack to infiltrate the government systems; for military and political interests; and for sabotaging various national infrastructure, communication and other systems. Structurally, the use of trolling as a mean of collecting data stems from the military development, today applied within the doctrine of “Full Dimension Operations”. It is conducted in an organized manner, with legend and rules of secrecy, so the trolls are agents of authorized agencies. Intelligence systems, like the “Five Eyes” (FVEY - the USA, GB, Australia, Canada and New Zealand) have software tools, available IP addresses and networks of computers which run programs difficult to identify (botnet), which allows them to troll undetectably. The methods and tasks revealed through structural and functional analysis enable the induction of threats and challenges for national security of other states. The principal challenges are the consequence of automatized methods and are democratic in nature. The primary risk for national security is the fact that it involves secret and organized efforts by other states to influence public opinion and dehumanization. Another is due to the fact that agencies of some countries have a capacity to secretly monitor communications in the cyberspace of other countries. Intelligence trolling can have an online operation against a certain state as an immediate goal, like misinformation and disinformation, creating HUMINT networks, or cyber attacks on critical infrastructure. With an aim to master the Internet, the FVEY agencies are trying to invade every possible system on the global net, searching to gain access to further systems. The strategic protection of national security in cyberspace requires a multi-dimensional approach, within the framework of the national security strategy. It must include science and research of the cyber space and social networks, as the preconditions; education for the use of the Internet at all levels, quality education and public information systems, in sense of prevention; and the criminalization of fraudulent messages and training of the judiciary for prosecution, in terms of repression.

Anti-Money Laundering Rules and the Future of Banking Secrecy Laws: Evidence from Lebanon

This research aims to examine the banking secrecy laws and analyze their effects on the anti-money laundering rules in Lebanon. Banking secrecy laws have always been an advantage for customers, while anti-money laundering procedures have been considered as safety measures to guarantee community security. Certainly, reaching an appropriate balance is a dilemma which many legislative authorities face. Through this research, primary and secondary data are gathered as both are needed to create an overview of the extant situation. Indeed, the existing Lebanese laws related to banking secrecy and anti-money laundering rules are identified. In addition, a qualitative study is conducted through interviewing four Lebanese banks’ directors that were selected based on the purposive sampling technique. Analysis through using NVivo software is then performed. Results show that banking secrecy rules in Lebanon should be redefined in order to allow revealing customers’ information in case of any suspicion through following an easy and simple procedure that does not harm the customers’ confidentiality. Eventually, the increasing menace of terrorism and worldwide money laundering justify the need to amend these laws since without an unlimited cooperation of banks, the successful avoidance of threat is relatively difficult to be achieved. Finally, guidelines that interest scholars, banks, practitioners and legal authorities in Lebanon and elsewhere are provided.

Terror, memoria y archivos

Taking into account the efforts to declassify the records currently subject to the secrecy rule, itself established by the same statute that put in place the so-called ‘Valech Commission’, the paper analyses the significance of the archives that document the suffering resulting from the criminal violence exercised by the Chilean civilian-military dictatorship from the perspective of a potential constitution-making process. To this end, it is argued that the display of that violence should be understood as an aggression against the people, which rests upon a specifically democratic reinterpretation of the concept of human rights violations. After sketching an argument directed at demonstrating the radical insufficiency of the bare expedient to law’s application for the political overcoming of the past marked by terror, the notion of memory is brought into consideration. The central claim then made is that the records documenting the victims’ experiential memory of violence are essential for the construction of a collective memory which may come to express itself in a constitutional reversion of the re-foundational pretension which animated the display of the dictatorial terror.

Conforming Intellectual Property and Privacy Restraints to the Right to Health and the Right to Information in Clinical Trials Data

This paper aims to define a legal framework of clinical trials data, by testing international the European rules of data secrecy against the expanding demands for disclosure. We argue that information embedded in clinical trial protocols turn out to be a precious source for evaluation of drug's safety and efficacy, the awareness of which is thus to be considered essential for protecting patients' and consumers' health. However, clinical trials data do not only have an important public informational value, but also an intrinsic regulatory - and therefore commercial - value, being key to granting of drugs' marketing license. We compare the general disclosure provision provided by art. 84 of the recent European Clinical Trials Regulation, establishing a publicly accessible European clinical trials database, with specific intellectual property measures, providing guarantees of exclusivity to clinical testing data used to obtain marketing approval.Research-based companies aiming to protect their 'sweat of the brow' from the competitors' free-riding, have invoked art. 39.3 TRIPS and the European data exclusivity regimes, as a legal basis for regulatory agencies' non-disclosure obligation. Also privacy concerns have been called upon as a legal barrier to disclosure, due to the vast amount of personal data embedded in the results of test data.Building on these premises, the paper illustrates that clinical trials protection rules or the privacy normative framework do not prevent drug's safety information disclosure. To the contrary we demonstrate a systemic justification for disclosure. In our analysis we read public interest of transparency and accountability in clinical trials information through the subsequent lenses of the human right to health as defined by International Human Rights Treatises and the Human rights case law, of public goods dimension of research and knowledge production, and finally of the legal framework protecting consumer rights as defined by the correspondent European Directives.

Pay inequity effects on back-office employees’ job performances: the case of a large insurance firm

Using personnel data on back-office employees of an insurance company, we investigate the effect of pay inequity—as measurable and, hence, perceivable by an individual—on the particular individual’s job performance. We calculate three measures of pay inequity, “inequality,” “envy,” and “altruism,” for total pay as well as, separately, for three pay components, salary, commissions, and year-end bonuses. Job performance is measured by the value of commissions for new contracts that accrue to the sales agents who are serviced by the back-office employee. Quantile panel regressions show that inequity effects on performance distinctly differ over the performance distribution and across the different pay components. Further, results depend on the time structure of pay and, possibly also, on pay secrecy rules.

Combating money laundering and the future of banking secrecy laws in Malaysia

Purpose – The purpose of this paper is to analyze banking secrecy laws against the background of the Malaysian anti-money laundering laws. It has been argued that the anti-money laundering law makes greater inroads into the banking secrecy rule when compared to the common law or other statutes. Banks can disclose customer’s information on even grounds of suspicion of money laundering. Banking secrecy is a customer privilege, whereas combating money laundering is critical for public safety and security. Indeed, achieving a proper balance is a desirable goal. But how do we go about achieving such a balance is a question encountered by many law enforcement authorities. This paper looks into these issues. Design/methodology/approach – This paper mainly relies on statutes as its primary sources of information. As such, the relevant Malaysian laws that provide the banking secrecy rule will be identified and analyzed. It will be necessary to examine the banking secrecy rule in the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) and other relevant statutes in detail, as these are the most important legislation for the purpose of this paper. Findings – On closer inspection, it is submitted that AMLATFA provides sufficient safeguards to ensure that the disclosure of customer’s information is carried out in a manner that is not prejudicial to the interest of legitimate customers. This is a positive approach that could protect the innocent customers from being mistreated by the law. Ultimately, it can be said that the growing threat of global money laundering and terrorism makes the overriding of banking secrecy justified because without a flow of information from the banks, the effective prevention of the menace is not possible. Originality/value – This paper analyzes the inroads into the banking secrecy rule under the Malaysian anti-money laundering laws. It would provide some guidelines into this particular area for academics, banks, their legal advisers, practitioners and policy makers, not only in Malaysia but also elsewhere.

Offshore Tax Evasion and Tax Reform – A Multilateral Perspective

This article seeks to examine the resources available to the Australian Tax Office in addressing the issue of offshore tax evasion through the use of tax havens. The discussion is made from a domestic law perspective such as audit powers, as well from an international perspective, via the use of tax treaties for exchange of information. The problems associated with bank secrecy rules are also covered.

Rules of Government Secrecy in the Law of Archives in Indonesia

There is lack of clarity of rules for the secrecy system in Indonesia. Ultimately, there is no uniform conception among government officials, because each agency makes its own policy and system. This condition brings disadvantage to society, because there is no clear guidance on this subject. The rules about “closed archives” in Law No. 43 of 2009 about Archives and the term of “security classification” that mentioned in Government Regulation No. 28 of 2012 about the Implementation of Law No. 43 of 2009 about Archives, do not help at all in solving the problems. Therefore, to become accountable in the management of closed archive, the government does not have any other option than establishing a set of rules that describe a clear secrecy system. The secrecy concept can be framed within the concept of records life cycle, in order to be more adjustable to the existing system.

Pay Inequity and Job Performance: An Insider-Econometrics Study

Using personnel data on back-office employees of an insurance company, we calculate three measures of pay inequity, “inequality,” “envy,” and “altruism,” for total pay as well as, separately, for three pay components, salary, commissions, and year-end bonuses. Job performance is measured by the value of commissions for new contracts which accrue to the sales agents who are serviced by the back-office employee. Quantile panel regressions show that inequity effects on performance distinctly differ over the performance distribution and across the different pay components. Further, results depend on the time structure of pay and, possibly also, on pay secrecy rules.

From Inside the Bubble

From Inside the Bubble

Rules of Government Secrecy in the Law of Archives in Indonesia

Every government operates secrecy as one of mechanism to protect the state, the people, and the assets from threats. There is lack of clarity of rules for the secrecy system in Indonesia. Ultimately, there is no uniform conception among government officials, because each agency makes its own policy and system. This condition brings disadvantage to society, because there is no clear guidance on this subject and it will not be able to push the government to act more responsible in managing the information. The rules about “closed archives” in Law No. 43 of 2009 about Archives and the term of “security classification” that mentioned in Government Regulation No. 28 of 2012 about the Implementation of Law No. 43 of 2009 about Archives, do not help at all in solving that problems. To get the accountability in the management of closed archive, the government does not have any other option than establishing a set of rules that describe a clear secrecy system. The secrecy concept can be framed within the concept of records life cycle, in order to be more adjustable to the existing system.