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1
Skelly, Stephen J. „Data protection legislation in Canada“. International Review of Law, Computers & Technology 3, Nr. 1 (Januar 1987): 79–96. http://dx.doi.org/10.1080/13600869.1987.9966255.
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Ford, M. „Recent legislation. The Data Protection Act 1998“. Industrial Law Journal 28, Nr. 1 (01.03.1999): 57–60. http://dx.doi.org/10.1093/ilj/28.1.57.
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Denitza, Toptchiyska. „The Rule of Law and EU Data Protection Legislation“. ORBIT Journal 1, Nr. 1 (2017): 1–16. http://dx.doi.org/10.29297/orbit.v1i1.16.
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Zhang, Kunbei. „Incomplete Data Protection Law“. German Law Journal 15, Nr. 6 (01.10.2014): 1071–104. http://dx.doi.org/10.1017/s2071832200019271.
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The European legal system governing data protection issues is widely regarded as an adequate blueprint for late developers to follow. According to this position, host countries will benefit from receiving the ready-made data protection law because it has already gone through a process of trial and error in Europe. For example, China follows the traditional civil law measures on data protection, such as contractual and tort liability. No Chinese legislation deals specifically with the right to protection of personal data. In China, researchers paid attention to the European legal system, which is regarded as the milestone for data protection. Some vigorously suggest that China should quickly move to enact data protection law based on the model provided by European law.When Chinese researchers strongly promote the European legal system over data protection issues, they send an underlying message that the quality of European laws is good enough to sufficiently deter violations: Individuals would be prohibited from carrying out harmful actions as soon as the expected law is transplanted to China. From a Chinese perspective, our country could quickly move to enact a similar law following the tone of Europe in order to enhance the efficiency of data protection. But is this a compelling position? Will European data protection laws indeed regulate unambiguously and prospectively? Will European data protection laws provide clear guidance to Chinese judges for resolving data protection-related cases? And will the court-enforced laws sufficiently solve the broad spectrum of problems on data use? Understanding the European enforcement mechanism covering data protection issues, and thereby assessing its efficacy on deterrence, is vital to answering these questions.
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Curren, Liam, Jane Kaye, Paula Boddington, Karen Melham, Naomi Hawkins, Heather Gowans und Nadja Kanellopoulou. „Identifiability, Genomics and UK Data Protection Law“. European Journal of Health Law 17, Nr. 4 (2010): 329–44. http://dx.doi.org/10.1163/157180910x516943.
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AbstractAnalyses of individuals’ genomes — their entire DNA sequence — have increased knowledge about the links between genetics and disease. Anticipated advances in ‘next generation’ DNA-sequencing techniques will see the routine research use of whole genomes, rather than distinct parts, within the next few years. The scientific benefits of genomic research are, however, accompanied by legal and ethical concerns. Despite the assumption that genetic research data can and will be rendered anonymous, participants’ identities can sometimes be elucidated, which could cause data protection legislation to apply. We undertake a timely reappraisal of these laws — particularly new penalties — and identifiability in genomic research.
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Ter, Kah Leng. „Singapore's Personal Data Protection legislation: Business perspectives“. Computer Law & Security Review 29, Nr. 3 (Juni 2013): 264–73. http://dx.doi.org/10.1016/j.clsr.2013.03.007.
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Fialová, Eva. „AUTONOMOUS VEHICLES AND EUROPEAN DATA PROTECTION LAW“. MECCA Journal of Middle European Construction and Design of Cars 17, Nr. 1 (20.07.2020): 6. http://dx.doi.org/10.14311/mecdc.2020.01.01.
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Autonomous vehicles process a huge amount of data about the driver, or rather passengers of the vehicle, as well as about other persons (pedestrians and passengers of other vehicles). This is why the autonomous vehicles raise questions about the protection of personal data. In 2018 a new European data protection legislation came into force. The General Data Protection Regulation places new obligations on controllers of personal data and provides new rights to data subjects, which will relate to operations of autonomous vehicles and their infrastructure. The providers thereof will have to implement the principles of data protection legislation into their systems. In this context the personal data is not just data concerning the identity of the driver, a passenger or other persons, but any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or even due to a peculiar behaviour in the vehicle. The paper will focus on the new legal regulation in relation to the operation of autonomous vehicles.Autonomní vozidla zpracovávají velké množství údajů o řidiči vozidla, resp. cestujících ve vozidle, jakož i o dalších osobách (spolucestujících, chodcích a pasažérech v jiných vozidlech). To je důvod, proč provoz autonomních vozidel vyvolává řadu otázek týkajících se ochrany osobních údajů. V roce 2018 nabyla účinnosti nová evropská právní úprava regulující tuto oblast. Obecné nařízení o ochraně osobních údajů přináší nové povinnosti správcům osobních údajů, jakož i nová práva subjektům údajů, která se budou týkat provozu autonomních vozidel a infrastruktury. Výrobci a poskytovatelé služeb budou muset do svých systémů implementovat legislativu o ochraně osobních údajů. Osobními údaji nejsou pouze údaje týkající se totožnosti řidiče, cestujících nebo jiných osob, ale veškeré informace vztahujících se k identifikované nebo identifikovatelné fyzické osobě, kterou lze přímo nebo nepřímo identifikovat, zejména odkazem na identifikátor, jako je např. název, identifikační číslo, lokalizační údaje, nebo třeba i kvůli osobitému chování ve vozidle. Tento článek se zaměřuje na novou právní úpravu ve vztahu k provozu autonomních vozidel.
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Garcel, Adriane, und Sergio Fernando Moro. „Data Protection Law and its Interactions with the Anti-Money Laundering Law“. REVISTA INTERNACIONAL CONSINTER DE DIREITO 12, Nr. 12 (30.06.2021): 191–209. http://dx.doi.org/10.19135/revista.consinter.00012.08.
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This article aims to analyze the interactions of the new General Personal Data Protection Law, Law nº. 13,709, of August 14, 2018, with the Money Laundering Law, Law no. 9,613, of March 1998. For this purpose, the methodology used is doctrinal, jurisprudential and quantitative analysis that initially presents the principles expressly established in procedural legislation, and short definitions of their applications. Continuous action addresses the ways in which State courts, already more familiar with this interaction, react and define concepts that are still incipient in national legislation. As a result, it is concluded from the studies presented that the main interaction between the General Law on the Protection of Personal Data (LGPD) and the Money Laundering Law occurs in the institution of a central data monitoring authority at the level national. Having a critical aspect for certain doctrinal aspects, given the right to individual privacy, and as an extremely effective tool, according to divergent opinions, against modern organized crime, which implements, through detailed problems, within the privacy of certain individuals. The main contributions of this study are in the sense of evaluating the interactions that the institution of the National Data Protection Agency (ANPD) and the Money Laundering Law will carry out, especially with regard to the maintenance of a national database, and the implications this brings to the right to privacy and oblivion, in view of the prevalence of the State’s interest in combating complex organized crime.
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Bomba, David, und George Hallit. „Will the new Australian Health Privacy Law provide adequate protection?“ Australian Health Review 25, Nr. 3 (2002): 141. http://dx.doi.org/10.1071/ah020141a.
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Amendments to the original Privacy Act (1988) come at a key point in time, as a national medical record system looms on the Australian horizon. Changes to The Privacy Act have the potential to define a level of information privacy prior to the implementation of such a system. We have therefore collected expert opinions on the ability of the Health Privacy Guidelines(enacted in December 2001 under The Privacy Act and hereafter more specifically known as Health Privacy Legislation) to ensure the privacy and security of patient information. We conclude that the legislation is flawed in its capacity to withstand an increasingly corporatised health sector. Deficiencies in consent requirements, together with feeble enforcement capabilities, mean The Legislation cannot effectively ensure that personally identifiable information will not end up in corporate third party hands. To significantly bolster the new legislation, we argue that it should be supplemented with explicit health data legislation and privacy auditing.
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Sethi, Nayha. „The Promotion of Data Sharing in Pharmacoepidemiology“. European Journal of Health Law 21, Nr. 3 (11.06.2014): 271–96. http://dx.doi.org/10.1163/15718093-12341323.
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This article addresses the role of pharmacoepidemiology in patient safety and the crucial role of data sharing in ensuring that such activities occur. Against the backdrop of proposed reforms of European data protection legislation, it considers whether the current legislative landscape adequately facilitates this essential data sharing. It is argued that rather than maximising and promoting the benefits of such activities by facilitating data sharing, current and proposed legislative landscapes hamper these vital activities. The article posits that current and proposed data protection approaches to pharmacoepidemiology — and more broadly, re-uses of data — should be reoriented towards enabling these important safety enhancing activities. Two potential solutions are offered: 1) a dedicated working party on data reuse for health research and 2) the introduction of new, dedicated legislation.
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Culnane, Chris, und Kobi Leins. „Misconceptions in Privacy Protection and Regulation“. Law in Context. A Socio-legal Journal 36, Nr. 2 (16.04.2020): 1–12. http://dx.doi.org/10.26826/law-in-context.v36i2.110.
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Privacy protection legislation and policy is heavily dependent on the notion of de-identification. Repeated examples of its failure in real-world use have had little impact on the popularity of its usage in policy and legislation. In this paper we will examine some of the misconceptions that have occurred to attempt to explain why, in spite of all the evidence, we continue to rely on a technique that has been shown not to work, and further, which is purported to protect privacy when it clearly does not. With a particular focus on Australia, we shall look at how misconceptions regarding de-identification are perpetuated. We highlight that continuing to discuss the fiction of de-identified data as a form of privacy actively undermines privacy and privacy norms. Further, we note that ‘de-identification of data’ should not be presented as a form of privacy protection by policy makers, and that greater legislative protections of privacy are urgently needed given the volumes of data being collected, connected and mined.
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Usprcova, Svetlana. „The State Archives of the Republic of Macedonia: Use of Archival Material and Data Protection Pursuant to the Law on Personal Data Protection and the General Data Protection Regulation“. Atlanti 28, Nr. 2 (12.11.2018): 91–98. http://dx.doi.org/10.33700/2670-451x.28.2.91-98(2018).
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The aim of this paper is to explain the position of the State Archives of the Republic of Macedonia as guardian of the archival material, which is a subject of use for scientific, academic, administrative, public, publishing, exhibition and other purposes. In the process of use of the archival material, the archivists must be very careful in order to protect confidential, sensitive, legal and other information contained in the archival material, and take some measures in relation to the personal data protection. Herein, the author, also talks about the current Law on personal data protection and the harmonisation of the national law with the European legislation.
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Guerra Chala, Bárbara, Cíntia Burille und Lucas Moreschi Paulo. „The Protection of Consumer’s Personal Data and the Electronic Geodiscrimination Practice“. Revista da Faculdade de Direito da Universidade Federal de Uberlândia 49, Nr. 1 (07.09.2021): 709–31. http://dx.doi.org/10.14393/rfadir-v49n1a2021-62777.
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The purpose of this study is to analyse the General Data Protection Law for the Protection of Personal Data from the perspective of the protection of the consumer's personal data, with a view to ascertaining the main aspects of the legislation and verifying its impacts in relation to geopricing practices and geoblocking. To that effect, it begins by addressing the principles of the new legislation that inform the activity of processing personal data. Right after, the main axes of structuring the law are presented, focusing on aspects that concern the processing of consumer data. Finally, the practices of geodiscrimination will be examined, with the effect of assessing the legal treatment in relation to such techniques and how they may be affected after the entry into force of the General Data Protection Law. For that, the hypothetico-deductive methodology and the bibliographic research technique were adopted. Thus, it is observed that new data protection legislation added to the protection of consumers' rights in relation to the practices of geopricing and geoblocking, insofar as the standard was designed to prevent the disinformation of the personal data holder on the purpose of the treatment of your information and the illegitimate treatment of personal data, as well as covering the possibility of redressing the consumer who holds personal data if he experiences damage.
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Kamalieva, Liana Aleksandrovna, Irina Alexandrovna Kazakova, Sergey Leonidovich Nikonovich Nikonovich, Vitaly V. Goncharov und Maya Livson. „Improving information security: criminal-legal means of counteracting digital data leakage“. Laplage em Revista 6, Extra-A (14.12.2020): 222–29. http://dx.doi.org/10.24115/s2446-622020206extra-a657p.222-229.
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The purpose of this work is to assess the ability to resist the leakage of digital data using criminal legal means. The authors examine the extent of the phenomenon in question in the world and in particular in the Russian Federation. Thus, the current criminal legislation and legislation on information protection of the Russian Federation does not have effective mechanisms to counteract leaks of digital information, due to the lack of an independent criminal legal qualification of this act. This circumstance, according to the authors, negatively affects the state of information protection in the Russian Federation. The international experience of countering the leakage of protected information by legal means is studied. The authors develop a terminological apparatus that should be introduced into the norms of criminal law for a clear qualification of the act. Proposals are presented to improve the current criminal legislation and legislation on information protection, which allows for more effective protection of secured digital information by legal means.
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de Jong, A. J., B. van Loenen und J. A. Zevenbergen. „GEOGRAPHIC DATA AS PERSONAL DATA IN FOUR EU MEMBER STATES“. ISPRS Annals of Photogrammetry, Remote Sensing and Spatial Information Sciences III-2 (02.06.2016): 151–57. http://dx.doi.org/10.5194/isprsannals-iii-2-151-2016.
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The EU 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 aims at harmonising data protection legislation in the European Union. This should promote the free flow of products and services within the EU. This research found a wide variety of interpretations of the application of data protection legislation to geographic data. The variety was found among the different EU Member States, the different stakeholders and the different types of geographic data. In the Netherlands, the Data Protection Authority (DPA) states that panoramic images of streets are considered personal data. While Dutch case law judges that the data protection legislation does not apply if certain features are blurred and no link to an address is provided. The topographic datasets studied in the case studies do not contain personal data, according to the Dutch DPA, while the German DPA and the Belgian DPA judge that topographic maps of a large scale can contain personal data, and impose conditions on the processing of topographic maps. The UK DPA does consider this data outside of the scope of legal definition of personal data. The patchwork of differences in data protection legislation can be harmonised by using a traffic light model. This model focuses on the context in which the processing of the data takes place and has four categories of data: (1) sensitive personal data, (2) personal data, (3), data that can possibly lead to identification, and (4) non-personal data. For some geographic data, for example factual data that does not reveal sensitive information about a person, can be categorised in the third category giving room to opening up data under the INSPIRE Directive.
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de Jong, A. J., B. van Loenen und J. A. Zevenbergen. „GEOGRAPHIC DATA AS PERSONAL DATA IN FOUR EU MEMBER STATES“. ISPRS Annals of Photogrammetry, Remote Sensing and Spatial Information Sciences III-2 (02.06.2016): 151–57. http://dx.doi.org/10.5194/isprs-annals-iii-2-151-2016.
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The EU 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 aims at harmonising data protection legislation in the European Union. This should promote the free flow of products and services within the EU. This research found a wide variety of interpretations of the application of data protection legislation to geographic data. The variety was found among the different EU Member States, the different stakeholders and the different types of geographic data. In the Netherlands, the Data Protection Authority (DPA) states that panoramic images of streets are considered personal data. While Dutch case law judges that the data protection legislation does not apply if certain features are blurred and no link to an address is provided. The topographic datasets studied in the case studies do not contain personal data, according to the Dutch DPA, while the German DPA and the Belgian DPA judge that topographic maps of a large scale can contain personal data, and impose conditions on the processing of topographic maps. The UK DPA does consider this data outside of the scope of legal definition of personal data. The patchwork of differences in data protection legislation can be harmonised by using a traffic light model. This model focuses on the context in which the processing of the data takes place and has four categories of data: (1) sensitive personal data, (2) personal data, (3), data that can possibly lead to identification, and (4) non-personal data. For some geographic data, for example factual data that does not reveal sensitive information about a person, can be categorised in the third category giving room to opening up data under the INSPIRE Directive.
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Chitimira, Howard. „A General Legislative Analysis of "Torture" as a Human Rights Violation in Zimbabwe“. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (06.06.2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1271.
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violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation war era in Zimbabwe. Regrettably, such violations are allegedly still prevalent, especially prior to and/or during general political elections in Zimbabwe. Accordingly, this article investigates torture as a human rights violation in Zimbabwe, inter alia by focusing on the role of selected law enforcement agencies in the protection of human rights in Zimbabwe. The article also discusses the legal position on torture and the perpetration of torture against ordinary people prior to as well as after independence in Zimbabwe. This is done to investigate the adequacy of the legal framework in Zimbabwe with regard to the combatting of torture. In relation to this, selected regional and international legal frameworks against torture are briefly discussed in order to determine possible measures that could be utilised in Zimbabwe. The authors submit that although the Constitution of Zimbabwe Amendment (No 20) Act, 2013 (Zimbabwe Constitution, 2013) prohibits torture, more may still need to be done to enhance the combatting of torture in Zimbabwe. For instance, apart from the prohibition contained in the Zimbabwe Constitution, 2013, there is no legislation that expressly outlaws torture in Zimbabwe. Moreover, Zimbabwe has not ratified the United Nations (UN) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 (UN Convention against Torture) to date. Lastly, concluding remarks and possible recommendations that could be employed to discourage torture-related human rights abuses in Zimbabwe are provided
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Davydova, Iryna, Olena Bernaz-Lukavetska und Semen Reznichenko. „Certain aspects of personal data protection in the social network: european experience and legislative regulation in Ukraine“. Revista Amazonia Investiga 9, Nr. 27 (21.03.2020): 383–90. http://dx.doi.org/10.34069/ai/2020.27.03.42.
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The purpose of this study is to examine some aspects of personal data protection in the social network, a comparative analysis of the protection of personal data in the social network under Ukrainian and European legislation, namely the General Data Protection Regulation of the European Union. The methods used in this work are: dialectical, comparative-legal, formal-logical, analysis and dogmatic interpretation. Each of these methods was used in the study to understand and qualitatively explain to the audience categories the individual aspects of personal data protection on the social network. This article reveals the notion of: personal data in the social network, the features of their collection, storage and protection in accordance with European legislation and the development of proposals aimed at improving these processes in Ukraine. The research also addresses the following issues: Features of managing consent to the processing of personal data that have already been obtained; who can act as an "operator" under EU law and what actions he can take; who can act as "controller" and what functions it performs. The article concludes that there is an urgent need to streamline Ukrainian domestic legislation in line with EU law, which should result in a new law on personal data protection that complies with GDPR norms. As a result, a new law on personal data protection may soon emerge in Ukraine, replacing the outdated Law of Ukraine “On Personal Data Protection” of 01.06.2010, which is a “mirror” of the repealed Directive 95/46/EC of the European Parliament and of the Council.
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Moch Najib, Imanullah. „An Analysis on Farmer Rights in International Trade Under Indonesian Law“. Technium Social Sciences Journal 8 (28.05.2020): 200–204. http://dx.doi.org/10.47577/tssj.v8i1.783.
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The aims of this research were to examine the legal protection on the farmer rights in international trade under Indonesian law. The research was important to provide various alternative solutions over the problem of inabilities of farmer to be a subject of international trade and to review whether the Indonesian Government gave legal protection to farmer rights. It was an empirical legal research, which using primary and secondary data. Primary data was collected from the respondents and informants while the secondary ones were taken from primary and secondary legal materials. The validity of data used sources triangulation method while all of data were analysed by analysis of editing style through legal interpretation. The result showed that Indonesian Government through enactment of its legislation has not been providing the legal protection to the farmer rights in international trade optimally. Moreover, this study was expected to contribute in reforming over legislation that regulates the protection of farmer rights.
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Shaoxue, Jia. „The Administrative Law Protection of Personal Data in China: Issues and Solutions“. Administrative law and procedure 12 (10.12.2020): 64–68. http://dx.doi.org/10.18572/2071-1166-2020-12-64-68.
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Personal data has become an important type of information for Chinese society. The risks and problems of protecting personal data have increased due to the rapid build-up of information. The protection of personal data is not only a sphere of private law, but also part of administrative law in cases where administrative authorities collect, process and use personal data. Administrative legislation is developing rapidly. However, the administrative and legal protection of personal data has even some legal basis, but still faces many difficulties in its implementation. In this regard, it is necessary to establish a special law on the protection of personal data, form a mechanism for strict supervision and improve the legal protection system.
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Puksas, Andrius. „INTERACTION BETWEEN BIG DATA AND COMPETITION LAW IN DIGITAL SINGLE MARKET“. CBU International Conference Proceedings 4 (26.09.2016): 597–602. http://dx.doi.org/10.12955/cbup.v4.850.
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Representatives of undertakings are familiar with the importance of carefully handling and protecting personal data. However, this does not lessen the importance of improving legislation regarding data management. Both the content and quantity of information have value and potentially determine the strength of the undertakings that can access such information. This influences the constant growth in demand to improve the legal framework. The consumers and institutions responsible for consumer protection are the main initiators and stakeholders of such demand. The constant growth in the amount of preserved data more sharply raises the questions about data protection. The potential risk raises proposals enabling a competition law in data protection. The article examines such possibility in the light of digital single market. This possibility is analyzed in the light of interaction between the data protection and competition law and covers trends on enabling competition law in data protection. To ensure proper data protection, cooperation among institutions should be encouraged.
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Almusawi, Bassim Jameel. „Criminal Protection of the Family in the Iraqi Legislation“. Hasanuddin Law Review 7, Nr. 1 (02.04.2021): 21. http://dx.doi.org/10.20956/halrev.v7i1.2167.
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The protection of the family is the basic principle for building a strong society and family protection policy is one of the most significant among the responsibilities of legislations. The current paper reviews the protection of family according to Iraqi legislation and discusses various types of crimes involving children or families according to Iraqi law. In this article doctrinal legal research was adopted and it assessed sources from both primary and secondary data. The research concludes that Iraqi legislation provides correct protection through a number of legal texts organizing the crimes against family. However, it has failed to achieve full criminal protection for the family. There are both theoretical weakness of law and the routine abuse against family in daily practice. The present paper aims to fill a critical gap in our understanding regarding deficient area in Iraqi law while dealing with the rights of members of family and proposes further work to be done so that Iraqi legislator can provide full criminal protection for family.
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Suydam, Steven, Bryan A. Liang, Storm Anderson und Matthew B. Weinger. „Patient Safety Data Sharing and Protection From Legal Discovery“. Journal of Medical Regulation 93, Nr. 2 (01.06.2007): 19–25. http://dx.doi.org/10.30770/2572-1852-93.2.19.
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ABSTRACT The Institute of Medicine report, To Err Is Human, recommended that collaborative networks of health care organizations should exchange information regarding medical errors to prevent the same errors from being repeated. Another recommendation, that Congress enact legislation protecting such exchanged information from legal discovery, has not occurred. Even if such legislation does pass, it may conflict with existing federal discovery requirements. Nevertheless, existing state and federal law may offer some protection. The most promising source of existing protection for all members of patient safety collaboratives is 42 U.S.C. §299c-3(c), which extends protection to data collection sponsored by the Agency for Healthcare Research and Quality (AHRQ). The Department of Health and Human Services’ confidentiality certificates and state peer review protection laws may offer little if any protection. However, with AHRQ sponsorship and the proper structure, health care organizations may be able to safely exchange information with one another without fear of liability or disclosure of sensitive information.
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Zębek, Elżbieta. „Humane Legal Protection of Homeless Animals“. Studia Iuridica Lublinensia 30, Nr. 3 (16.09.2021): 265–76. http://dx.doi.org/10.17951/sil.2021.30.3.265-276.
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Animal rights at the international level have been defined in the Universal Declaration on Animal Welfare, which has become a guiding principle for many EU countries in shaping animal protection legislation. The subject of this article is the humane protection of homeless animals, which is the responsibility of the municipality in terms of maintaining cleanliness and order. The study assumes that by carrying out tasks regarding the protection of animals from homelessness, municipalities contribute to the effective protection of animals by providing them with appropriate care. The analysis found that the provisions of the Universal Declaration on Animal Welfare have been fully incorporated into Polish legislation. However, the effectiveness of the provisions on the protection of homeless animals executed by municipalities is not entirely satisfactory as evidenced by the post-inspection data and selected jurisprudence. In order to improve this state of affairs, the following de lege ferenda postulates were formulated, which in part are also guidelines of the Supreme Audit Office extending the catalog of activities in municipal homeless animal protection programs, introducing the requirement to inspect animal shelters by municipalities, changing the location requirements of animal shelters and also clarifying sanitary requirements concerning the conditions in which animals live in to improve their welfare. The above changes in legislation may contribute to more efficient humane protection of homeless animals in Poland and may serve as an example for other EU countries.
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Sembiring, Rosnidar, und Journal Manager APHA. „Recognition and Legal Protection of Customary Law Society over Land“. Journal of Indonesian Adat Law (JIAL) 1, Nr. 1 (15.10.2020): 199–222. http://dx.doi.org/10.46816/jial.v1i1.21.
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This paper aims at determining the recognition and legal protection of indigenous and tribal peoples on land and natural resources in the perspective of legislation. It uses normative research with literature identification approach, legislation such as Law Number 5 of 1960 on the Basic Regulations of Agrarian Principles (BRAP), and other laws and relevant regulations to this research. The data collected from primary, secondary and tertiary legal materials are analyzed qualitatively, systematically arranged and presented descriptively. Basically the recognition and legal protection of indigenous and tribal peoples has been determined in Article 3 of the BRAP and Article 18 B paragraph (1) of the 1945 Constitution and other sect oral laws and regulations, it is just that there is no synchronization or harmonization between various sectoral laws and regulations governing the recognition and protection of the rights of indigenous peoples.
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Heđbeli, Živana. „New Archival Legislation: the Witch Hunt“. Atlanti 28, Nr. 2 (12.11.2018): 13–24. http://dx.doi.org/10.33700/2670-451x.28.2.13-24(2018).
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General Data Protection Regulation (GDPR) (EU) 2016/679 entered in force in Croatia on May 25, 2018. General Data Protection Regulation regulations still have to be applied. On June 29, 2018 the Croatian Parliament has proclaimed Law on Archives and Archival Records. Personal data of the persons that filled public posts and were members or collaborate of the security services till the May 30, 1990 are accessible without any restrictions regarding the part on performing duties or services. In Croatia there is no person that has been subject to trial only because he/she filled public posts and was members or collaborates of the security services during the socialism. There is no law that will make such trials possible. There are no official registers, released by the competent bodies, which list public officers, members or collaborates of the security service till the May 30, 1990. The unavoidable question arises regarding what criteria archivist should use to determine these persons, where to find relevant data. Why a task that is not and should not be competence of an archive is enforced on archives.
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Bologna, Silvio, Alessandro Bellavista, Pietro Paolo Corso und Gianluca Zangara. „Electronic Health Record in Italy and Personal Data Protection“. European Journal of Health Law 23, Nr. 3 (14.06.2016): 265–77. http://dx.doi.org/10.1163/15718093-12341403.
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The present article deals with the Italian Electronic Health Record (hereinafter ehr), recently introduced by Act 221/2012, with a specific focus on personal data protection. Privacy issues — e.g., informed consent, data processing, patients’ rights and minors’ will — are discussed within the framework of recent e-Health legislation, national Data Protection Code, the related Data Protection Authority pronouncements and eu law. The paper is aimed at discussing the problems arising from a complex, fragmentary and sometimes uncertain legal framework on e-Health.
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Alvat, Pradikta Andi. „Politics Of Law Human Rights Protection In Indonesia“. Jurnal Daulat Hukum 2, Nr. 4 (28.03.2020): 513. http://dx.doi.org/10.30659/jdh.v2i4.8354.
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This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.
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Poladov, Araz. „Data protection rules in the united states legal system“. Law Review of Kyiv University of Law, Nr. 2 (10.08.2020): 481–84. http://dx.doi.org/10.36695/2219-5521.2.2020.94.
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Purpose of research: define the general characteristics of the protection of personal data; analysis of legislation and case law.Methods of research: analysis and study of regulatory documents containing provisions on protection of personal data.Results: normative and practical importance of personal data protection provisions in various legal acts has been underscored.The right to privacy strengthened its position in the United States in the late 19th century and is now recognized by most States.Although the right to privacy in the United States was originally a British political legacy, judicial decisions in England were more conservativeand cautious than those of U.S. courts. One of the important features of this law in the Anglo-Saxon legal system is that itwas previously formed by judicial precedents and legal doctrine. Also, the right to privacy was not among the rights provided for in theBill of Rights. In general, there is an industry-wide approach to data privacy in the United States. There is no specific federal law thatwould guarantee the confidentiality and protection of personal data. Instead, legislation at the federal level is dispersed and aims to protectdata in certain sectors. Judicial practice and court decisions taken at different times play an important role in regulating personaldata protection in the United States. It is also worth mentioning that until the 1970s, decisions of the U.S. courts did not provide thenecessary privacy protection safeguards.Discussion: offering a comprehensive and detailed study and use of this practice in other states.
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Erliyani, Rahmida. „Strength of provision and law protection of children's witnesses“. International Journal of Research in Business and Social Science (2147- 4478) 9, Nr. 3 (30.04.2020): 133–40. http://dx.doi.org/10.20525/ijrbs.v9i3.672.
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The purpose of this study is to explain the concept of a child witness according to the criminal evidence proving law, and how the protection for children as a witness, as well as how the strength of evidence of child testimony in the criminal justice system. This research is normative legal research that focuses on secondary data by describing the execution of religious courts in regulating child custody cases. The type of data used is the type of primary data and secondary data. Analysis of the data used is a qualitative way with the legislation approach, case approach, and analysis approach. The results showed that the concept of a child's Witness does not qualify as valid witness evidence. Children as Witnesses are entitled to receive legal protection as regulated in the Child Protection Act and the Criminal Justice System for Children and the Witness and Victim Protection Act. The strength of proof of a child's testimony only has value if it is connected with other evidence.
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Ryngaert, Cedric, und Mistale Taylor. „The GDPR as Global Data Protection Regulation?“ AJIL Unbound 114 (2020): 5–9. http://dx.doi.org/10.1017/aju.2019.80.
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The deterritorialization of the Internet and international communications technology has given rise to acute jurisdictional questions regarding who may regulate online activities. In the absence of a global regulator, states act unilaterally, applying their own laws to transborder activities. The EU's “extraterritorial” application of its data protection legislation—initially the Data Protection Directive (DPD) and, since 2018, the General Data Protection Regulation (GDPR)—is a case in point. The GDPR applies to “the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services . . . to such data subjects in the Union; or (b) the monitoring of their behaviour . . . within the Union.” It also conditions data transfers outside the EU on third states having adequate (meaning essentially equivalent) data protection standards. This essay outlines forms of extraterritoriality evident in EU data protection law, which could be legitimized by certain fundamental rights obligations. It then looks at how the EU balances data protection with third states’ countervailing interests. This approach can involve burdens not only for third states or corporations, but also for the EU political branches themselves. EU law viewed through the lens of public international law shows how local regulation is going global, despite its goal of protecting only EU data subjects.
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Doetsch, Julia Nadine, Vasco Dias, Marit S. Indredavik, Jarkko Reittu, Randi Kallar Devold, Raquel Teixeira, Eero Kajantie und Henrique Barros. „Record linkage of population-based cohort data from minors with national register data: a scoping review and comparative legal analysis of four European countries“. Open Research Europe 1 (27.09.2021): 58. http://dx.doi.org/10.12688/openreseurope.13689.2.
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Background: The GDPR was implemented to build an overarching framework for personal data protection across the EU/EEA. Linkage of data directly collected from cohort participants, potentially serving as a prominent tool for health research, must respect data protection rules and privacy rights. Our objective was to investigate law possibilities of linking cohort data of minors with routinely collected education and health data comparing EU/EEA member states. Methods: A legal comparative analysis and scoping review was conducted of openly accessible published laws and regulations in EUR-Lex and national law databases on GDPR’s implementation in Portugal, Finland, Norway, and the Netherlands and its connected national regulations purposing record linkage for health research that have been implemented up until April 30, 2021. Results: The GDPR does not ensure total uniformity in data protection legislation across member states offering flexibility for national legislation. Exceptions to process personal data, e.g., public interest and scientific research, must be laid down in EU/EEA or national law. Differences in national interpretation caused obstacles in cross-national research and record linkage: Portugal requires written consent and ethical approval; Finland allows linkage mostly without consent through the national Social and Health Data Permit Authority; Norway when based on regional ethics committee’s approval and adequate information technology safeguarding confidentiality; the Netherlands mainly bases linkage on the opt-out system and Data Protection Impact Assessment. Conclusions: Though the GDPR is the most important legal framework, national legislation execution matters most when linking cohort data with routinely collected health and education data. As national interpretation varies, legal intervention balancing individual right to informational self-determination and public good is gravely needed for health research. More harmonization across EU/EEA could be helpful but should not be detrimental in those member states which already opened a leeway for registries and research for the public good without explicit consent.
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Soldatova, V. I. „Protection of Personal Data in Digital Environment“. Lex Russica 1, Nr. 2 (28.02.2020): 33–43. http://dx.doi.org/10.17803/1729-5920.2020.159.2.033-043.
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In recent years, the application of legislation in the field of personal data has become the focus of attention of legal scholars. With the development of digital technologies, the problem of protection of personal data becomes especially urgent. The importance of personal data is so great that some scholars treat them as intangible goods. In order to protect the interests of citizens, our State takes measures to localize citizens’ personal data by statutory regulation of the Russian segment of the Internet. Such remedies as the right to be forgotten and personal data anonymization are also applied.However, the practice, including judicial practice, shows that the available means of protection of personal data are insufficient in the context of new technologies. However, the practice of application of laws on personal data reveals a number of problems that need to be addressed. The attribution of specific information about natural persons to personal data leads to a number of questions with regard to the practice of the activities of state bodies. Under currently effective Article 3 of the Federal Law, the term personal data refers to any information relating directly or indirectly to a certain or definable natural person (subject of personal data). At the same time, the law does not specify which data about an individual refers to personal data. Due to this broad understanding of personal data, questions arise concerning the attribution of paticular information about an individual to personal data. In this regard, the definition of criteria for the attribution of specific information about a person to personal data becomes an important theoretical task.The issues of primary concern include: 1) strengthening of responsibility for violation of personal data legislation; 2) giving priority to the issue of neutrality of the Internet, 3) solving the problem of the balance between direct access to publicly available data and the need to protect personal data. In the author’s opinion, it is necessary to ensure by means of comprehensive measures the priority of protection of personal data of citizens. This problem is of particular importance in connection with the elaboration of new laws on the digital profile of citizens.
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Poullet, Yves. „Data protection legislation: What is at stake for our society and democracy?“ Computer Law & Security Review 25, Nr. 3 (Januar 2009): 211–26. http://dx.doi.org/10.1016/j.clsr.2009.03.008.
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Maniadaki, Maria, Athanasios Papathanasopoulos, Lilian Mitrou und Efpraxia-Aithra Maria. „Reconciling Remote Sensing Technologies with Personal Data and Privacy Protection in the European Union: Recent Developments in Greek Legislation and Application Perspectives in Environmental Law“. Laws 10, Nr. 2 (11.05.2021): 33. http://dx.doi.org/10.3390/laws10020033.
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Using remote sensing technologies to ensure environmental protection responds to the need of protection of a right and a public good and interest. However, the increasing introduction of these technologies has raised new challenges, such as their interference with the rights of privacy and personal data, which are also protected fundamental rights. In this paper the importance of remote sensing technologies as tools for environmental monitoring and environmental law enforcement is analyzed, while legal issues regarding privacy and data protection from their use for environmental purposes are presented. Existing legislation for reconciling emerging conflicts is also examined and major European Court of Human Rights (ECtHR) and Court of Justice of the European Union (CJEU) case law on the issue is approached. Finally, recent developments in Greek legislation and their application perspectives in environmental law are presented as a timely “case study”.
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Bagheri, Parviz, und Kamal Halili Hassan. „Data Privacy in Electronic Commerce: Analysing Legal Provisions in Iran“. Journal of Politics and Law 9, Nr. 7 (30.08.2016): 133. http://dx.doi.org/10.5539/jpl.v9n7p133.
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This article discusses the legal protection of data privacy in electronic commerce in Iran. Currently, there is a gap in respect of data privacy protection in Iran as there is no specific privacy legislation in force. Consequently, e-consumers dealing in internet commerce are less protected. However there are rules and regulations in the laws in Iran such as the Islamic Republic (IR) of Iran Constitution, Computer Crimes Act, Penal Code, and Civil Liability Act which relate to privacy in general, although not directly related to data privacy in e-commerce. The Electronic Commerce Law (ECL) is the main legislation in Iran which contains some provisions on personal data privacy. This article discusses the relevant provisions in the ECL pertaining to data messages and privacy and interprets its various meanings to determine whether they are in line with well established principles found in good data privacy protection measures.
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Sidorenko, E. L. „Criminal Law Protection of Reproductive Health: Current Challenges“. Economics, taxes & law 12, Nr. 2 (23.04.2019): 147–53. http://dx.doi.org/10.26794/1999-849x-2019-12-2-147-153.
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The subject of the research is the specifics of the criminal law protection of reproductive health in the Russian legislation. The topic was chosen due to the increasing dynamics of crimes related to limitation on the reproductive rights of women and men and unauthorized manipulation of the human genome. Despite the growing need for providing a regulatory framework for this kind of relationships, the system of their criminal law protection is only beginning to take shape, therefore, a necessity arises to revise traditional approaches to the protection of the individual. Therefore, the purpose of the paper was to understand the system of criminal law protection of reproductive health in terms of its compliance with trends of medical practices and dynamics of socially significant diseases based on both traditional principles of scientific analysis and the results of applying sociological methods of data processing, which made it possible to identify the most significant directions of the Russian criminal policy development. Moreover, the critical analysis method was used in the research that showed the inconsistency of the system of criminal law prevention of criminal abortions, contamination with socially significant diseases and illegal use of the human genome. Based on the research findings, an author’s model of criminal prevention of attacks on reproductive health has been built and its systemic assessment is given. It is concluded that the legislator is inconsistent in assessing the attributes of an unlawful abortion; the accounting of contamination with certain socially significant diseases is inadequate; the laws prohibiting the use of the human genome need to be included into the Criminal Code of the Russian Federation. The conclusions formulated in the paper have practical importance and can be taken into account by the legislator in the reform of the current criminal legislation.
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Sheikh, Asim. „The Data Protection (Amendment) Act, 2003: The Data Protection Directive and its Implications for Medical Research in Ireland“. European Journal of Health Law 12, Nr. 4 (2005): 357–72. http://dx.doi.org/10.1163/157180905775088568.
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AbstractDirective 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 transposed into national law and is now the Data Protection (Amendment) Act, 2003.The Directive and the transposing Act provide for new obligations to those processing data. The new obligation of primary concern is the necessity to obtain consent prior to the processing of data (Article 7, Directive 95/46/EC). This has caused much concern especially in relation to 'secondary data' or 'archived data'.There exist, what seem to be in the minds of the medical research community, two competing interests: (i) that of the need to obtain consent prior to processing data and (ii) the need to protect and foster medical research. At the same time as the introduction of the Act, other prior legislation, i.e. the Freedom of Information Act, 1997-2003, has encouraged candour within the doctor-patient relationship and the High Court in Ireland, in the case of Geoghegan v. Harris, has promulgated the 'reasonable-patient test' as being the correct law in relation to the disclosure of risks to patients. The court stated that doctors have a duty to disclose all material risks to patients. The case demonstrates an example of a move toward a more open medical relationship. An example of this rationale was also recently seen in the United Kingdom in the House of Lords decision in Chester v. Afshar. Within the medical research community in Ireland, the need to respect the autonomy of patients and research participants by providing information to such parties has also been observed (Sheikh A. A., 2000 and Irish Council for Bioethics, 2005).Disquiet has been expressed in Ireland and other jurisdictions by the medical research communities in relation to the exact working and meaning of the Directive and therefore the transposing Acts (Strobl et al). This may be due to the fact that, as observed by Beyleveld "The Directive makes no specific mention of medical research and, consequently, it contains no provisions for medical research as an explicitly delineated category." (Beyleveld D., 2004) This paper examines the Irish Act and discusses whether the concerns expressed are well-founded and if the Act is open to interpretation such that it would not hamper medical research and public health work.
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Belaia, Olesia Valer'evna. „Protection of genomic research data as the objects of intellectual property“. Право и политика, Nr. 9 (September 2020): 167–78. http://dx.doi.org/10.7256/2454-0706.2020.9.33797.
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The object of this research is the determination of legal nature of genomic research data and their role among the objects of civil law. The subject of this research is the data of preclinical and clinical studies of pharmaceutical products, mostly those that contain biomaterial and biomedical cell products. The author underlines the problem of the absence of due legal regulation of genomic research data as the objects of law within Russian legislation, as well as protection of their rightsholders from anticompetitive use. The author reveals the possibility of recognizing genomic research data as the results of intellectual activity that are subject to legal protection as objects of intellectual property, as well as the need to enshrine them in the provisions of the Part 4 of the Civil Code of the Russian Federation. The main conclusion consists in the substantiation of the need for protection of genomic research data as the objects of civil law. Arguments are adduced on the potential reference of genomic research as the results of intellectual activity to the objects of intellectual property. The list of data that may comprise trade secret is subjected to critical analysis. The author proposes the original classification of the results of intellectual activity as the objects of intellectual property from the perspective of the presence of creative beginning as directly invented by human, and indirectly reflecting the result of human activity. The conclusion is formulated on the independent nature of the results of genomic research as the objects of intellectual property in the form of the results of intellectual activity. The author underlines the need for protecting genomic research data as a variety of results of such tests as the know-how, as well as corresponding revision of legal definition of trade secret captured in civil legislation.
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Vlahou, Antonia, Dara Hallinan, Rolf Apweiler, Angel Argiles, Joachim Beige, Ariela Benigni, Rainer Bischoff et al. „Data Sharing Under the General Data Protection Regulation“. Hypertension 77, Nr. 4 (April 2021): 1029–35. http://dx.doi.org/10.1161/hypertensionaha.120.16340.
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The General Data Protection Regulation (GDPR) became binding law in the European Union Member States in 2018, as a step toward harmonizing personal data protection legislation in the European Union. The Regulation governs almost all types of personal data processing, hence, also, those pertaining to biomedical research. The purpose of this article is to highlight the main practical issues related to data and biological sample sharing that biomedical researchers face regularly, and to specify how these are addressed in the context of GDPR, after consulting with ethics/legal experts. We identify areas in which clarifications of the GDPR are needed, particularly those related to consent requirements by study participants. Amendments should target the following: (1) restricting exceptions based on national laws and increasing harmonization, (2) confirming the concept of broad consent, and (3) defining a roadmap for secondary use of data. These changes will be achieved by acknowledged learned societies in the field taking the lead in preparing a document giving guidance for the optimal interpretation of the GDPR, which will be finalized following a period of commenting by a broad multistakeholder audience. In parallel, promoting engagement and education of the public in the relevant issues (such as different consent types or residual risk for re-identification), on both local/national and international levels, is considered critical for advancement. We hope that this article will open this broad discussion involving all major stakeholders, toward optimizing the GDPR and allowing a harmonized transnational research approach.
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Aquilina, Kevin. „Archives and Maltese Legislation on Data Protection and Freedom of Information: Square Pegs in Round Holes?“ Global Journal of Comparative Law 4, Nr. 2 (28.07.2015): 212–32. http://dx.doi.org/10.1163/2211906x-00402003.
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This paper studies the Maltese National Archives Act and asks to what extent this law conflicts with the Maltese Data Protection Act and the Maltese Freedom of Information Act. It discusses whether the National Archives Act can be considered to be a natural extension of the Freedom of Information Act and whether there are any inconsistencies between the National Archives Act and the Freedom of Information Act and the Data Protection Act. It addresses the questions whether the Data Protection Act should be used to deny access at the National Archives to records which disclose private information on a particular person, and which of these three laws has the upper hand at the National Archives of Malta. The aim is to clarify the inter-relationship between the three laws under study and the law related to access to documents held at the National Archives.
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Rautenbach, Christa. „Editorial“. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, Nr. 4 (29.05.2017): 1. http://dx.doi.org/10.17159/1727-3781/2012/v15i4a2515.
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This issue contains six diverse contributions on topics ranging from prostitution to rent control, unfair dismissals, civil liberties in Zimbabwe, prospecting rights and insolvency issues. The first article is from Sarah Pudifin (pupil advocate at the KwaZulu-Natal Bar) and Shannon Bosch (senior lecturer in law at the University KwaZulu-Natal), who examine countervailing South African public opinion on the subject of prostitution and identify the factors which might influence these attitudes. Sue-Mari Maass of the University of South Africa in the second article gives a comparative analysis of rent control measures imposed in various jurisdictions (South Africa, New York and England) to provide tenure protection for vulnerable tenants. The third article is from Stella Vettori, also of the University of South Africa, who discusses the role of human dignity in the assessment of fair compensation for unfair dismissals. The authors of the fourth article are Jephias Mapuva and Loveness Muyengwa-Mapuva. They discuss key legislation within the areas of media and access to information, individual rights and freedoms, as well as legislation pertaining to the conduct of elections in Zimbabwe. The issue concludes with two case notes. The first one is from Tracy-Lynn Humby of the University of the Witwatersrand. She writes about the conflict between two empowerment firms, Bengwenyama Minerals (the investment vehicle of the Bengwenyama-ye-Maswazi community) and Genorah Resources, which culminated in three judgments, termed the "Bengwenyama trilogy" by the author. Her focus is on the right of a community to prospect or mine and the protection thereof during mining activities. The second note, written by Lienne Steyn of the University of KwaZulu-Natal, considers case law which deals with the interface between the National Credit Act 34 of 2005 and the Insolvency Act 24 of 1936. The question in all three cases she discusses was whether or not a debtor's application for debt review constitutes an act of insolvency which can be relied upon by a debtor in an application for the compulsory
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Wright, Jessica, Sjef Gevers, Corrette Ploem und Marcin Śliwka. „Regulating Tissue Research: Do We Need Additional Rules to Protect Research Participants?“ European Journal of Health Law 17, Nr. 5 (2010): 455–69. http://dx.doi.org/10.1163/157180910x525295.
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AbstractThis article explores whether additional rules are needed for the regulation of tissue research in Europe. A human rights-based approach (referring to international documents and illustrative examples from national legislation) is taken to address the question: what is so special about tissue, in particular when compared to personal data? The existing regimes in Europe on data protection and clinical trials are presented and examined for their suitability to govern tissue research, taking into account the differences between data and tissue. Six recommendations are outlined, highlighting important points future legislation on tissue research must take into account.
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Chingozha, Misheck, und Kwashirai Zvokuomba. „Infrastructure Vandalism and Protection in a Vulnerable Zimbabwean Environment: Review of the Structural Materialism Theory“. International Journal of Recent Technology and Engineering (IJRTE) 10, Nr. 3 (30.09.2021): 10–16. http://dx.doi.org/10.35940/ijrte.c6355.0910321.
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Many institutions are facing or have faced challenges related to vandalism of equipment and property in Zimbabwe. This criminal phenomenon is not only restricted and peculiar to this country but is experienced in other regions of the world, however with variations. The purpose of the study is to explore and unpack the various dimensions of infrastructure vandalism by gazing at Zimbabwe Electricity Supply Authority (ZESA) a power utility in Zimbabwe. The level of vandalism has been increasing unabated resulting in in a multitude of undesirable effects on the power utility and the economy as a whole. A plethora of stimulants have been seen to be triggering and sustaining the theft and vandalism of the infrastructure which targets copper conductors, copper windings, oils and the poles in the majority of cases. The study adopted the mixed method approach due to its technical advantage of converging and merging qualitative and quantitative data in order to provide comprehensive results and produce new knowledge claims. This methodological framework was guided by the structural materialism theory which is an off shot of the critical criminology perspective. Thus, the study found out that infrastructure vandalism is representative of a broader dysfunctional socioeconomic system of a country riddled by poverty, unemployment and the absence of mores and values within communities. Consequently, the levels of infrastructure vandalism have spiraled to unprecedented levels. The study concludes that the government is failing to sufficiently address the macro-economic fundamentals as way of discouraging citizens from engaging in crime and criminality while the traditional leaders are not being respected yet they have a significant role they can play in promoting the stability and serenity of communities. In view of these conclusions the study recommends that all stakeholders contribute towards the protection of all infrastructure and migrate to digitalize the protection of such infrastructure as well as promulgation of appropriate pieces of legislation.
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Доронина, Наталия, und Nataliya Doronina. „Diffusion in Law as Trend for Private International Law Unification: To the Issue of Data Protection Law Object“. Journal of Russian Law 3, Nr. 5 (29.04.2015): 0. http://dx.doi.org/10.12737/10728.
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Foreign law can be an important object of informational legal relations. Different states compose unified registers of legislative acts. In the long run creation of national information resources on the basis of the current legislation contributes to interpenetration of legal norms into foreign legal systems. In the age of globalization cooperation between states on a contractual basis opens large-scale prospects for establishing business and other contacts between citizens and legal entities of different state affiliations. But the use of this method of law unification faces difficulties related to implementation of the international treaties’ norms into the national legal system. Also difficulties stem from the fact that after implementation into the national legal system international treaties’ norms do not have a uniform interpretation. Due to the existence of the problems in unification of law through international treaties other ways of unification of law of various states are being explored. Diffusion in law, based on the penetration of foreign law norms into the national legal system is one of such ways. The way of diffusion in law envisages the application of unified categories of institutes and legal rules enacted in this or that state as the most efficient legal norms, institutes. This way of unification of law gains more and more recognition due to the fact that it does not face the problems characteristic for unification of law through international-treaties, but accomplishes the same goals Tire ensures harmonious interaction between various legal systems in law.
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Pratt, William Robert, und Jerry D. Belloit. „Hospital costs and profitability related to the Patient Protection and Affordable Care Act“. Journal of Hospital Administration 3, Nr. 3 (20.05.2014): 100. http://dx.doi.org/10.5430/jha.v3n3p100.
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On March 23, 2010, President Barack Obama signed into law the Patient Protection and Affordable Care Act (PPACA). This law was one of the most controversial and transforming pieces of legislation impacting health care delivery in recent history. The legislation was created in response to rising health care costs and the belief that, in part, cost shifting of indigent uninsured care to paying patients would reduce the overall costs of health care. The recent Supreme Court decision upholding the individual mandate portion of the law is expected to significantly reduce the number of uninsured. Using operational data from 212 hospitals in California, this study examines the anticipated impact on hospital costs, profitability, and some patient outcome benchmarks from the restructuring of health care delivery in the United States by the PPACA.
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Găbudeanu, Larisa, Iulia Brici, Codruța Mare, Ioan Cosmin Mihai und Mircea Constantin Șcheau. „Privacy Intrusiveness in Financial-Banking Fraud Detection“. Risks 9, Nr. 6 (01.06.2021): 104. http://dx.doi.org/10.3390/risks9060104.
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Specialty literature and solutions in the market have been focusing in the last decade on collecting and aggregating significant amounts of data about transactions (and user behavior) and on refining the algorithms used to identify fraud. At the same time, legislation in the European Union has been adopted in the same direction (e.g., PSD2) in order to impose obligations on stakeholders to identify fraud. However, on the one hand, the legislation provides a high-level description of this legal obligation, and on the other hand, the solutions in the market are diversifying in terms of data collected and, especially, attempts to aggregate data in order to generate more accurate results. This leads to an issue that has not been analyzed yet deeply in specialty literature or by legislators, respectively, the privacy concerns in case of profile building and aggregation of data for fraud identification purposes and responsibility of stakeholders in the identification of frauds in the context of their obligations under data protection legislation. This article comes as a building block in this direction of research, as it contains (i) an analysis of existing fraud detection methods and approaches, together with their impact from a data protection legislation perspective and (ii) an analysis of respondents’ views toward privacy in case of fraud identification in transactions based on a questionnaire in this respect having 425 respondents. Consequently, this article assists in bridging the gap between data protection legislation and implementation of fraud detection obligations under the law, as it provides recommendations for compliance with the latter legal obligation while also complying with data protection aspects.
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Massacci, Fabio, Marco Prest und Nicola Zannone. „Using a security requirements engineering methodology in practice: The compliance with the Italian data protection legislation“. Computer Standards & Interfaces 27, Nr. 5 (Juni 2005): 445–55. http://dx.doi.org/10.1016/j.csi.2005.01.003.
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Doetsch, Julia Nadine, Vasco Dias, Marit S. Indredavik, Jarkko Reittu, Randi Kallar Devold, Raquel Teixeira, Eero Kajantie und Henrique Barros. „Record linkage of population-based cohort data from minors with national register data: a scoping review and comparative legal analysis of four European countries“. Open Research Europe 1 (27.05.2021): 58. http://dx.doi.org/10.12688/openreseurope.13689.1.
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Background: The General Data Protection Regulation (GDPR) was implemented to build an overarching framework for personal data protection across the European Union/Economic Area (EU/EEA). Linkage of data directly collected from cohort participants based on individual consent must respect data protection rules and privacy rights of data subjects. Our objective was to investigate possibilities of linking cohort data of minors with routinely collected education and health data comparing EU/EEA member states. Methods: A legal comparative analysis and scoping review was conducted of openly online accessible published laws and regulations in EUR-Lex and national law databases on GDPR’s implementation in Portugal, Finland, Norway, and the Netherlands and its connected national regulations purposing record linkage for health research that have been implemented up until April 30, 2021. Results: EU/EEA has limited legislative authority over member states. The GDPR offers flexibility for national legislation. Exceptions to process personal data, e.g., public interest and scientific research, must be laid down in EU/EEA or national law. Differences in national interpretation caused obstacles in cross-national research and record linkage: Portugal requires written consent and ethical approval; Finland allows linkage mostly without consent through the national Data Protection Supervisory Authority; Norway when based on regional ethics committee’s approval and adequate information technology safeguarding confidentiality; the Netherlands mainly bases linkage on the opt-out system and Data Protection Impact Assessment. Conclusions: Though the GDPR is the most important legal framework, national legislation execution matters most when linking cohort data with routinely collected health and education data. As national interpretation varies, legal intervention balancing individual right to informational self-determination and public good is gravely needed for scientific research. More harmonization across EU/EEA could be helpful but should not be detrimental in those member states which already opened a leeway for registries and research for the public good without explicit consent.
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Roos, A. „Personal Data Protection in New Zealand: Lessons for South Africa?“ Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, Nr. 4 (04.07.2017): 61. http://dx.doi.org/10.17159/1727-3781/2008/v11i4a2786.
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In 1995 the European Union adopted a Directive on data protection. Article 25 of this Directive compels all EU member countries to adopt data protection legislation and to prevent the transfer of personal data to non-EU member countries (“third countries”) that do not provide an adequate level of data protection. Article 25 results in the Directive having extra-territorial effect and exerting an influence in countries outside the EU. Like South Africa, New Zealand is a “third” country in terms of the EU Directive on data protection. New Zealand recognised the need for data protection and adopted a data protection Act over 15 years ago. The focus of this article is on the data protection provisions in New Zealand law with a view to establishing whether South Africa can learn any lessons from them. In general, it can be said that although New Zealand law does not expressly recognise a right to privacy, it has a data protection regime that functions well and that goes a long way to providing adequate data protection as required by the EU Directive on data protection. Nevertheless, the EU has not made a finding to that effect as yet. The New Zealand data protection act requires a couple of amendments before New Zealand might be adjudged ‘adequate’. South Africa’s protection of the right to privacy and identity is better developed and more extensive than that of New Zealand. Privacy is recognised and protected in the law of delict and by the South African Constitution. Despite South Africa’s apparently high regard for the individual’s right to privacy and identity and our well-developed common and constitutional law of privacy, South Africa does not meet the adequacy requirement of the EU Directive, because we do not have a data protection Act. This means that South African participants in the information technology arena are at a constant disadvantage. It is argued that South Africa should follow New Zealand’s example and adopt a data protection law as soon as possible.