Relevant bibliographies by topics / Data protection Law and legislation Taiwan

Academic literature on the topic 'Data protection Law and legislation Taiwan'

Author: Grafiati
Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Data protection Law and legislation Taiwan"

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Chassang, Gauthier, and Emmanuelle Rial-Sebbag. "Research Biobanks and Health Databases: The WMA Declaration of Taipei, Added Value to European Legislation (Soft and Hard Law)." European Journal of Health Law 25, no. 5 (November 15, 2018): 501–16. http://dx.doi.org/10.1163/15718093-12255369.

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AbstractBiobanks and health databases make an essential contribution to health-related research (‘5P medicine’: predictive/preventive/personalised/participatory/provable). Since 1947, the World Medical Association (WMA) has addressed important issues in medical practice and scientific research, adopting guidelines that are recognised as global ethical standards. In October 2016, the WMA’s 67th General Assembly, held in Taipei, Taiwan, adopted a new Declaration on the Ethical Considerations regarding Health Databases and Biobanks, revising the Declaration adopted by the 53rd WMA General Assembly in 2002. Considering the way health databases and biobanks are currently used in research, the new recommendations are designed to facilitate the responsible collection and storage of human samples and/or associated data, and the provision of these bioresources for scientific research aimed at benefitting patients and populations. We analyse the Declaration of Taipei’s scope and content, highlighting its innovative features compared with other recent European guidelines and the General Data Protection Regulation (GDPR).
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Krüger, Cristiane, Adriana Cristina Castanho Baldassari, Luis Felipe Dias Lopes, and Lizana Ilha da Silva. "General Data Protection Law." Revista Catarinense da Ciência Contábil 20 (December 10, 2021): e3220. http://dx.doi.org/10.16930/2237-7662202132202.

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Technological advances make it possible to quickly access and share personal data and information, which demands greater security and requires conscious attitudes from the different professionals who deal with these issues. Accounting professionals stand out in this universe for being responsible for customer, supplier, and employee data. The information insecurity scenario led to the creation of the General Data Protection Law (GDPL), a specific legislation for personal data handling. Driven by this context, this research aimed to analyze the GDPL compliance determinants among accounting professionals. In order to achieve this purpose, we conducted a quantitative, descriptive, survey study. For data collection, we developed and applied an online questionnaire addressed to accounting professionals. The final surveyed sample totaled 194 respondents. We performed the data analysis through Structural Equation Modeling. The validated model showed the dimensions of personal behaviors and attitudes and governance mechanisms as determinants, explaining 26.3% of GDPL compliance. This research contributes to the understanding of behavioral aspects of accounting professionals in face of the new legislation. It is an unprecedented approach and fills a gap in the accounting area, presenting useful contributions for educational institutions, class associations, and companies in the area.
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Skelly, Stephen J. "Data protection legislation in Canada." International Review of Law, Computers & Technology 3, no. 1 (January 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, no. 1 (March 1, 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, no. 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, no. 6 (October 1, 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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P. Paal, Boris. "Market Power in Data (Protection) Law." Global Privacy Law Review 2, Issue 1 (February 1, 2021): 8–15. http://dx.doi.org/10.54648/gplr2021002.

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The relationship between data protection law and antitrust law is – also and especially with regard to undertakings with a dominant position in the market of digital economy (i.e. big tech companies) – with good reason a highlighted subject of legislation and case law, legal practice and research activities. This article examines whether and to what extent the antitrust law-concept of market power may have effects in the fields of data protection law. The very elements of lawfulness laid down in Article 6 of the General Data Protection Regulation (GDPR), which are decisive for the lawful processing of personal data, are used as a reference for this purpose. Market Power, Antitrust Law, Dominant Position, Legitimate Interests, Consent, Data Portability, Voluntariness
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Milošević, Mladen. "PERSONAL DATA PROTECTION IN CRIMINAL LAW." Journal of Criminology and Criminal Law 59, no. 2 (November 5, 2021): 113–30. http://dx.doi.org/10.47152/rkkp.59.2.7.

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The paper focuses on the norms of Serbian Penal Code that incriminates personal data abuse. Starting with a brief overview of personal data legislation in Serbia, the author states that legal protection of data is guaranteed through constitutional (former federal and republic and the current Constitution) and provisions of Data Protection Law (three Laws were adopted and implemented since 1998), but also with criminal law norms. However, the quality and the implementation of mentioned criminal law provisions is questionable. The author analyses different crimes and notes that certain norms are incoherent with other relevant legislative provisions. The author points to incoherent provisions and provides recommendations de lege ferenda, concluding that legislative changes are needed in order to construct a solid legal framework for personal data protection in domestic Criminal law.
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Curren, Liam, Jane Kaye, Paula Boddington, Karen Melham, Naomi Hawkins, Heather Gowans, and Nadja Kanellopoulou. "Identifiability, Genomics and UK Data Protection Law." European Journal of Health Law 17, no. 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, no. 3 (June 2013): 264–73. http://dx.doi.org/10.1016/j.clsr.2013.03.007.

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Dissertations / Theses on the topic "Data protection Law and legislation Taiwan"

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Stoddard, Damon. "A new Canadian intellectual property right : the protection of data submitted for marketing approval of pharmaceutical drugs." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101828.

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In order to market and sell a new pharmaceutical drug in Canada, the Minister of Health requires the initial applicant to submit clinical test results demonstrating that the drug is safe and effective for human use. Subsequent applicants, who typically lack the resources to conduct expensive clinical trials, must refer to and rely upon the initial applicant's data in their applications to market a generic version of the drug.
On June 17, 2006, the federal government of Canada published a proposed data protection regulation, which would provide an initial applicant with eight years of protection for clinical test results submitted in a new drug submission. This protection would lead to an eight year period of market exclusivity for the drug associated with the clinical test data, regardless of whether that drug was protected by a Canadian patent.
In this thesis, the author first describes what data protection is on a practical level, and distinguishes data protection from other forms of intellectual property rights. Next, the author discusses how various jurisdictions choose to protect clinical test data submitted to their health authorities. Canada's international obligations pursuant to the NAFTA and the TRIPS Agreement are also examined. In this regard, the author argues that Canada is under no obligation to provide initial applicants with eight years of data protection. Furthermore, the author argues that exclusive time-limited property rights in clinical test data are difficult to justify from a theoretical perspective. Finally, the author prescribes certain legislative changes to Canada's proposed data protection regulation.
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Lynskey, Orla. "Identifying the objectives of EU data protection regulation and justifying its costs." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608116.

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Chan, Lai-sha, and 陳麗莎. "A study of the copyright protection in the digital environment in HongKong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2011. http://hub.hku.hk/bib/B46779632.

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Kan, Chi-keung, and 簡志強. "A review of the implementation of the personal data (privacy) ordinance in the Hong Kong Correctional Services Department." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1998. http://hub.hku.hk/bib/B31965507.

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Amoraal, Lezel. "Internet-regulering in Suid-Afrika : staat of internasionaal?" Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53471.

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Thesis (MPhil)--Stellenbosch University, 2003.
ENGLISH ABSTRACT: The Internet has become such an integral part of computer users' daily existence that it seems as if it has always been there. The Internet with its unique borders - or lack of borders - places an enormous burden on geographically based legal systems. Regulation, that has specifically been designed for the Internet, is a necessity because virtually every aspect of the law is challenged by the Internet and that many legal frameworks are inadequate to deal with the Internet. The other aspect which complicates the Internet even more, is that there is no specific organisation, business or government to whom the Internet belongs. Individuals and organisations have rights to the web pages that they own on the Internet, but there is no ownership of the Internet in its entirety. The development of the Internet in South Africa took place during a difficult time in the country's history. The apartheid era initially limited the growth of the Internet. Much of the existing legislation in South Africa has been partially adapted to accommodate the Internet, but the government could not envisage what the actual impact of the Internet would be and consequently they reacted when it came to the regulation of the Internet. In 2002 the Electronic Communication and Transaction Act 25 of2002 came into operation. In fact, the physical component of the Internet has already been regulated to a degree by the pure coincidence as a result of its physical presence. This is because the backbone of the Internet had not originally been created by the Internet, but by the telephone. There are a number of legislative Internet-organisations that are, among others, responsible for the technical standards of the Internet, dispute resolutions and in general what is important for the Internet community. Various international conventions regulate specific aspects of the Internet such as copyright, intellectual property rights, domain names, trademarks and cyber crime. The international conventions and agreements are an important step in the direction of standardised regulation. However, the lack of borders creates problems surrounding jurisdiction of the cyber space.
AFRIKAANSE OPSOMMING: Die Internet het al so deel van rekenaargebruikers se alledaagse bestaan geword dat dit soms wil voorkom asof dit maar nog altyd daar was. Die Internet met sy unieke grense - of sy gebrek aan grense - plaas 'n groot las op geografies gebaseerde regstelsels. Regulering wat spesifiek vir die Internet ontwerp is, is 'n noodsaaklikheid, aangesien byna elke aspek van die reg deur die Internet uitgedaag word en baie regsraamwerke onvoldoende is om die Internet te hanteer. Wat die regulering van die Internet verder kompliseer, is dat daar nie een spesifieke organisasie, onderneming of regering is aan wie die Internet behoort nie. Individue en organisasies het regte tot die webwerwe wat hulle op die Internet besit, maar daar is nie eienaarskap van die Internet in sy geheel nie. Die ontwikkeling van die Internet in Suid-Afirka het tydens 'n moeilike tydperk in die Suid- Afrikaanse geskiedenis plaasgevind. Die apartheidsera het die aanvanklike ontwikkeling en groei van die Internet in Suid-Afrika beperk. Verskeie bestaande Suid-Afrikaanse wetgewing is deels aangepas om die Internet te akkommodeer, maar die regering het nooit besef wat die werklike impak van die Internet sou wees nie en het gevolglik re-aktief te werk gegaan wanneer dit by die regulering van die Internet gekom het. In 2002 het Suid-Afrika se Elektroniese Kommunikasie en Transaksies Wet 25 van 2002 in werking getree. Die regulering van die fisieke komponente van die Internet is tot 'n mate as gevolg van sy fisieke teenwoordigheid deur blote toeval, gereguleer. Dit is omdat die ruggraat van die Internet nie oorspronklik vir die Internet geskep is nie, maar vir die telefoon. Daar bestaan verskeie wetgewende Internet-organisasies wat onder meer verantwoordelik is vir die tegniese standaarde van die Internet, dispuutresolusie en wat oor die algemeen aan die belange van die Internet-gemeenskap wil voldoen. Verskeie internasionale konvensies reguleer spesifieke aspekte van die Internet soos kopiereg, intellektuele eiendomsreg, domeinname en handelsmerke en kubermisdaad. Die internasionale konvensies en verdrae is 'n belangrike stap in die rigting van gestandaardiseerde regulering. Tog skep die grenslose omstandighede van die Internet probleme rondom jurisdiksie in die kuberruim.
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Kam, Ka Man. "Reproduction rights in digital environment and copyrights protection : legal issues and challenges." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2580191.

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Gamlashe, Thembinkosi. "Freedom of the press, or the infringement of the right to privacy?: media coverage of President Kgalema Motlanthe from October 2008 to April 2009 in three newspapers." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1010118.

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The researcher attempts to assess in which respect the privacy of former President Kgalema Motlanthe may have been invaded during his presidency, in view of journalistic ethics and press codes currently in effect. The study will explore media practices based on media freedom at the time of publication, and assess whether this freedom is understood to suggest the infringement of the right to privacy in the coverage of the private lives of politicians in the media. This study will therefore examine a sample of articles from the Sunday Times, City Press and Mail and Guardian, covering former President Kgalema Motlanthe’s public behaviour that related to his private life, assess which aspects of his demeanour became the subject of media coverage, and correlate such reporting trends with fluctuations in his political career. The researcher will focus on the period when Kgalema Motlanthe was at the helm as the Head of State – from October 2008 to April 2009, and consider particularly the trends in the sampled press reports regarding his private life. The study furthermore examines some of the legislative and normative changes that affected the media in South Africa after democratisation, to correlate the trends observed in the press coverage with legislation. This further serves to identify possible gray areas that arise from reporting on the freedom of the press and may lead to the invasion of privacy.
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Skolmen, Dayne Edward. "Protection of personal information in the South African cloud computing environment: a framework for cloud computing adoption." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/12747.

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Cloud Computing has advanced to the point where it may be considered an attractive proposition for an increasing number of South African organisations, yet the adoption of Cloud Computing in South Africa remains relatively low. Many organisations have been hesitant to adopt Cloud solutions owing to a variety of inhibiting factors and concerns that have created mistrust in Cloud Computing. One of the top concerns identified is security within the Cloud Computing environment. The approaching commencement of new data protection legislation in South Africa, known as the Protection of Personal Information Act (POPI), may provide an ideal opportunity to address the information security-related inhibiting factors and foster a trust relationship between potential Cloud users and Cloud providers. POPI applies to anyone who processes personal information and regulates how they must handle, store and secure that information. POPI is considered to be beneficial to Cloud providers as it gives them the opportunity to build trust with potential Cloud users through achieving compliance and providing assurance. The aim of this dissertation is, therefore, to develop a framework for Cloud Computing adoption that will assist in mitigating the information security-related factors inhibiting Cloud adoption by fostering a trust relationship through compliance with the POPI Act. It is believed that such a framework would be useful to South African Cloud providers and could ultimately assist in the promotion of Cloud adoption in South Africa.
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Arès, Sébastien. "Le couplage de données et la protection de la vie privée informationnelle sous l'article 8 de la Charte canadienne /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82651.

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Data matching is the automated process permitting the comparison of significant amounts of personal data from two or more different databanks in order to produce new information. Its use by governments implicates many rights and freedoms, including the protection against unreasonable search and seizure under section 8 of the Canadian Charter.
In the author's opinion, a governmental data matching program will probably constitute a search or seizure under section 8 when a positive answer is given to two questions. First, is there a use or transfer of information which implicates constitutionally protected information? Generally, section 8 will only protect biographical personal information, as described in the Plant case. Second, one must determine if a reasonable expectation of privacy exists as to the purpose for which the information will be used. In other words, one must determine if the two governmental databanks are separate on the constitutional level.
However, a positive answer to both of theses questions does not mean that the matching program necessarily infringes section 8. It will not be considered unreasonable if it is authorised by law, if the law itself is reasonable, and if the execution of the program is reasonable. Presuming that the program is authorised by law, it is probable that a matching program aimed to detect individuals collecting illegally social benefits will not be considered unreasonable.
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Banerjea-Brodeur, Nicolas Paul. "Advance passenger information passenger name record : privacy rights and security awareness." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80909.

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An in-depth study of Advance Passenger Information and Passenger Name Record has never been accomplished prior to the events of September 11 th. It is of great importance to distinguish both of these concepts as they entail different legal consequence. API is to be understood as a data transmission that Border Control Authorities possess in advance in order to facilitate the movements of passengers. It is furthermore imperative that harmonization and inter-operability between States be achieved in order for this system to work. Although the obligations seem to appear for air carriers to be extraneous, the positive impact is greater than the downfalls.
Passenger Name Record access permits authorities to have additional data that could identify individuals requiring more questioning prior to border control clearance. This data does not cause in itself privacy issues other than perhaps the potential retention and manipulation of information that Border Control Authorities may acquire. In essence, bilateral agreements between governments should be sought in order to protect national legislation.
The common goal of the airline industry is to ensure safe and efficient air transport. API and PNR should be viewed as formalities that can facilitate border control clearance and prevent the entrance of potentially high-risk individuals.
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Books on the topic "Data protection Law and legislation Taiwan"

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editor, Chen Haifan, and Zhao Guoqiang editor, eds. Ge ren zi liao de fa lü bao hu: Fang yan Zhongguo nei di, Xianggang, Aomen ji Taiwan = Legal protection of personal data : perspectives from mainland China, Hong Kong, Macau and Taiwan. Beijing Shi: She hui ke xue wen xian chu ban she, 2014.

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Judith, Firth, Nickson Susan, Hammond Suddards (Firm), and Chartered Institute of Personnel and Development., eds. Data protection. 2nd ed. London: Chartered Institute of Personnel and Development, 2004.

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Ruth, Boardman, ed. Data protection strategy: Implementing data protection compliance. London: Sweet & Maxwell, 2003.

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Morgan, Richard. Data protection strategy: Implementing data protection compliance. 2nd ed. London: Sweet & Maxwell/Thomson Reuters, 2012.

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Freddy, Kosten, ed. Managing data protection. 2nd ed. Oxford: Butterworth-Heinemann, 1992.

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Bainbridge, David I. Data protection. Welwvyn Garden City: CLT Professional Pub., 2000.

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Data protection: The new law. Bristol, England: Jordans, 1998.

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Hughes, Gordon. Data protection in Australia. Sydney: Law Book Co., 1991.

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Tolley's data protection handbook. 4th ed. Croydon: LexisNexis, 2006.

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dem, Bussche Axel von. Data protection in Germany. München: Verlag C.H. Beck, 2013.

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Book chapters on the topic "Data protection Law and legislation Taiwan"

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Bieker, Felix. "EU Data Protection Legislation." In Information Technology and Law Series, 13–46. The Hague: T.M.C. Asser Press, 2022. http://dx.doi.org/10.1007/978-94-6265-503-4_2.

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Walters, Robert, and Marko Novak. "Taiwan." In Cyber Security, Artificial Intelligence, Data Protection & the Law, 221–47. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1665-5_9.

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Lazar, Elena, and Dragos Nicolae Costescu. "Data Protection Regulations: Overview of the Romanian Legislation and Deficiencies." In Ius Comparatum - Global Studies in Comparative Law, 285–307. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-28049-9_12.

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Stenbeck, Magnus, Sonja Eaker Fält, and Jane Reichel. "Swedish Law on Personal Data in Biobank Research: Permissible But Complex." In GDPR and Biobanking, 379–94. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_21.

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AbstractThis chapter describes the regulatory and organisational infrastructure of biobank research in Sweden, and how the introduction of the GDPR affects the possibilities to use biobank material in future research. The Swedish legislator has chosen a rather minimalistic approach in relation to the research exception in Article 89 GDPR and has only enacted limited general exceptions to the data protection rules. This may be partly explained by the comprehensive right to public access to official documents which gives researchers vast access to information held in registries, albeit conditioned on abiding by secrecy and confidentiality rules. The Swedish legislation implementing the GDPR includes a general exception from the data protection rules in relation to the right to access to official documents, which researchers also benefit from. However, confidentiality rules for different categories of information differ between sectors, which hinders an effective use of the registries in research. The regulatory regime for using biobank and registry data in Sweden thus involves both data protection and secrecy rules, which makes the legal landscape permissible but complex. The operationalisation of the research exception in Article 89 GDPR is analysed against this background. Special attention is given to the possibility to link personal information derived from biobanks with personal information from other data sources, including large national population based statistical registries as well as information from national clinical registers.
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Befring, Anne Kjersti. "Norwegian Biobanks: Increased Complexity with GDPR and National Law." In GDPR and Biobanking, 323–44. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_18.

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AbstractNorway is generally regarded as having good opportunities for biobank research because of Biobank Norway—its national infrastructure of biobanks—which represents one of the world’s largest existing resources within biobanking. It covers both consented population-based and disease-specific clinical biobanks. However, the regulatory framework in Norway for biobanking is fragmented, which makes navigating the legal landscape challenging.The Personal Data Act (PDA) implements the General Data Protection Regulation (GDPR), and a few adjustments were made in the national health legislation in order to bring it into line with the GDPR. The Health Research Act (HRA) enables the use of biobanking and personal data in research with and without the consent of individuals. There are some disagreements about the changes brought about by the GDPR when it comes to research on biological material that includes personal data. When implementing GDPR Article 89, it was emphasised that the Data Protection Officer (DPO) has an important role even though the research ethics committee has allowed the use of data (the regional committee for medical and health research ethics (REC)). This has created conflicts. This article highlights key issues and ambiguities related to the GDPR and national legislation, and the relationship between the two.
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Southerington, Tom. "Access to Biomedical Research Material and the Right to Data Protection in Finland." In GDPR and Biobanking, 243–56. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_13.

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AbstractThis chapter describes the Finnish regulatory landscape concerning primarily non-interventional biomedical research and in particular the rights of study subjects from the data protection point of view. The GDPR is just one of many pieces of legislation affecting the rights of individuals, and it allows for significant variation between the EU Member States. Finnish law relating to biomedical research has materially changed in recent years and some changes are still pending. Overall, the legislator has aimed at enhancing opportunities for responsible research and enabling research-related innovation ecosystems, but also implemented quite strict limitations for data processing in balance. It is yet too early to evaluate the effects of the legislatory changes. The chapter is therefore mainly descriptive.
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Lalova, Teodora, Anastassia Negrouk, Laurent Dollé, Sofie Bekaert, Annelies Debucquoy, Jean-Jacques Derèze, Peggy Valcke, Els J. Kindt, and Isabelle Huys. "An Overview of Belgian Legislation Applicable to Biobank Research and Its Interplay with Data Protection Rules." In GDPR and Biobanking, 187–213. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_10.

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AbstractThis contribution aims to present in a clear and concise manner the intricate legal framework for biobank research in Belgium. In Part 1, we describe the Belgian biobank infrastructure, with a focus on the concept of biobank. In Part 2, we provide an overview of the applicable legal framework, namely the Act of 19 December 2008 on Human Body Material (HBM), and its amendments. Attention is given to an essential piece of self-regulation, namely the Compendium on biobanks issued by the Federal Agency on Medicine Products and Health (FAMPH). Furthermore, we delineate the interplay with relevant data protection rules. Part 3 is dedicated to the main research oversight bodies in the field of biobanking. In Part 4, we provides several examples of the ‘law in context’. In particular, we discuss issues pertaining to presumed consent, processing of personal data associated with HBM, and information provided to the donor of HBM. Finally, Part 5 and 6 addresses the impact of the EU General Data Protection Regulation (GDPR), suggests lines for further research, and outline the future possibilities for biobanking in Belgium.
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Celeste, Edoardo, and Federico Fabbrini. "Competing Jurisdictions: Data Privacy Across the Borders." In Palgrave Studies in Digital Business & Enabling Technologies, 43–58. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54660-1_3.

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Abstract Borderless cloud computing technologies are exacerbating tensions between European and other existing regulatory models for data privacy. On the one hand, in the European Union (EU), a series of data localisation initiatives are emerging with the objective of preserving Europe’s digital sovereignty, guaranteeing the respect of EU fundamental rights and preventing foreign law enforcement and intelligence agencies from accessing personal data. On the other hand, foreign countries are unilaterally adopting legislation requiring national corporations to disclose data stored in Europe, in this way bypassing jurisdictional boundaries grounded on physical data location. The chapter investigates this twofold dynamic by focusing particularly on the current friction between the EU data protection approach and the data privacy model of the United States (US) in the field of cloud computing.
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Romeo-Casabona, Carlos M. "The New European Legal Framework on Personal Data Protection and the Legal Status of Biological Samples and Biobanks for Biomedical Research Purposes in Spanish Law." In GDPR and Biobanking, 363–78. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_20.

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AbstractBiomedical research has increasingly resorted to biological material, particularly in view of the enormous potential for the future of a better knowledge of the DNA of all living beings and even the possibility of modifying it by means of various techniques, including gene editing. For Precision Personalised Medicine the support of biobanks is also a very important tool.In relation to the protection of personal data, Spain has quickly implemented and adapted its internal laws to the GDPR through its new Organic Act 3/2018 of 5 of December on Protection of Personal Data and guarantee of digital rights. The new Act implements and completes some features of the GDPR, including those related to the provisions of Articles 9 and 89, in particular health related data and big data. In this way and by means of this ‘bridge’ Act, an attempt has also been made to guarantee the harmony between the GDPR and the pre-existing legislation, trying to ensure at the same time in effectiveness in promoting scientific research and in respecting for the rights of samples’ donors.
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Čtvrtník, Mikuláš. "Personality Rights, Privacy, and Post-mortem Privacy Protection in Archives: International Comparison, Germany and “Protection of Legitimate Interests”." In Archives and Records, 19–53. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-18667-7_2.

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AbstractThis chapter together with Chaps. 3 and 4, will address the protection of personality rights in archives in the broader context of the issue of access to archival records, and in some respects also on the general level of the protection of information not only of personal nature. In doing so, it will focus on several selected specific situations, models, or special procedural settings that can be encountered in the archival systems of some countries, namely the United Kingdom, Germany, and France, and it will also touch on the situation in the USA and some other countries that may also serve as inspirational moments that could potentially be used in other archival systems. Special attention will be paid to post-mortem protection of personality and privacy. This chapter will introduce several illustrative examples from some countries and show how archival legislation can complement the scope of law regulating the field of post-mortem privacy protection. The chapter will focus on introductory general international comparison, the case law of the European Court of Human Rights regarding the archival sector and its relation to the protection of personal data and personal information of living persons, the right to be forgotten together with the freedom of expression, right to access to information and will conclude with an analysis of the specific situation in Germany.
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Conference papers on the topic "Data protection Law and legislation Taiwan"

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Заржицкая, Л. С. "Protection of personal data of teachers." In Современное социально-гуманитарное образование: векторы развития в год науки и технологий: материалы VI международной конференции (г. Москва, МПГУ, 22–23 апреля 2021 г.). Crossref, 2021. http://dx.doi.org/10.37492/etno.2021.45.84.017.

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актуальность вопросов правового регулирования защиты персональных данных в условиях цифровизации всех сфер жизни современного общества сложно переоценить. За последние годы общество и государство столкнулись с объективной необходимостью создания и применения новых правовых механизмов, обеспечивающих одновременное соблюдение требований значительного количества нормативных актов. Сфера образования не стала исключением. В рамках существующего правового режима информационной открытости образовательных организаций остается немало неразрешенных вопросов в разграничении системных требований к объему информации, необходимой для эффективного мониторинга системы образования, и к содержанию раскрываемых данных в свете ограничений, установленных законодательством о защите персональных данных работников. Нередки случаи некорректного использования персональных данных педагогических работников, нарушающие предписания ч. 3 ст. 29 Федерального закона «Об образовании в Российской Федерации». Необходимость совершенствования законодательства в этой сфере продиктована необходимостью соблюдения баланса между общественными интересами и правами педагогических работников. the relevance of the issues of legal regulation of personal data protection in the context of digitalization of all spheres of life in modern society is difficult to overestimate. Over the past years, society and the state have faced an objective need to create and apply new legal mechanisms that ensure simultaneous compliance with the requirements of a significant number of regulations. The education sector is no exception. Within the framework of the existing legal regime of information openness of educational organizations, there are many unresolved issues in distinguishing between the system requirements for information necessary for effective monitoring of the education system and the content of the disclosed data in the light of the restrictions established by the legislation on the protection of personal data of employees. Еhere are frequent cases of incorrect use of personal data of teachers that violate the requirements of Part 3 of Article 29 of the Federal Law "On Education in the Russian Federation". Of course, the need to improve legislation in this area is dictated by the need to maintain a balance between public interests and the rights of teaching staff.
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Nashed, Nashaat, and Roman Fedorov. "Constitutional pronection of personal data – a case study of data confidentiality in Egyptian banks." In Development of legal systems in Russia and foreign countries: problems of theory and practice. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-201-211.

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The research paper includes exposure to the constitutional protection of personal data, which is one of the most important peculiarities of legal personality. We will continue to clarify the uses of data in dealing with digital banks to avoid the risks of breaching them, in confirmation of the constitutional texts that protect them. Uses of personal data outside geographical boundaries require specific legislative texts to protect the rights of the customer, and this is what was recently stipulated in Egyptian legislation. Big data is important in decision-making, especially economic decisions. This is why I spoke about its definition, sources, classification and importance in promoting sustainable development goals. The research was divided into two sections as follows: «The first topic: Constitutional protection of data confidentiality in Egyptian law», «Banks compete in big data».
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Sovova, Olga. "ERA OF DIGITIZATION: RE-DESIGNING PRIVACY PROTECTION IN HEALTH CARE." In NORDSCI International Conference Proceedings. Saima Consult Ltd, 2019. http://dx.doi.org/10.32008/nordsci2019/b2/v2/31.

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The paper examines the issue arising when delivering healthcare in the modern information society. Throughout the past decade, the Internet has seen a significant rise of the "Web 2.0" trend, which carried on its wings a health industry trend often referred to as "Health 2.0" or "Medicine 2.0". More recently, we have also witnessed the crowning of concepts such as Health Social Media, eHealth and mHealth. European Union as well as the national states develop strategies implementing new technologies for personal and medical data sharing, including the prescription of medicals as well as their validation through websites. Healthcare data privacy and security is one of the top challenges, healthcare providers face. The huge amount of data the medical care generates holds potential for researchers, providers, pharmaceutical companies as well as for doctors, who can use it to improve care or find new treatments and insights into disease. The key issue to examine is how to balance the competing interests of privacy and data-sharing and not exclude the patient as a holder and owner of the information. The paper addresses the issue of privacy protection in digitized healthcare, using the analysis of the legislation and case-law of the Czech Republic, stressing the demands for human rights and privacy protection of a member state of the European Union. The paper introduces several proposals for providers on how to re-design digital healthcare with respect to laws and patients´ rights. The paper concludes that even modern and digitized medicine is based not only on evidence and modern technologies but also on human interaction and face-to-face approach and trust between the doctor and patient.
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Semyakin, Mikhail. "Reformation of the Russian Civil Code in the Context of Human Rights Protection." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-20.

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In connection with the reform of civil legislation, several amendments are being drafted into the Russian Civil Code, in particular into the institute of property rights, which need to be scientifically analysed from the perspective of ensuring that citizens’ rights are adequately protected. The study is to scientifically evaluate the proposed amendments, and to develop individual recommendations for their improvement. Besides general scientific methodology, the following specific scientific study methods were employed: dogmatic, formal-logic, comparative-legal, as well as methods of interpreting normative material and analysing court practice. In the context of the protection of the rights and legal interests of civilians, an analysis was carried out of the projected regulations on the institute of property rights and the individual novelties contained in the Law ‘On introducing amendments to Part One of the Civil Code of the Russian Federation’ have been examined. In general, the proposed amendments to the institution of proprietary rights implying the assurance of proper protection of rights of bona fide individuals are adequately protected. Particular attention was paid to certain contentious points between the designed amendments and effective legislative provisions, in particular those relating to the rights of the previous owner of the property and the good faith purchaser of the property in question. Recommendations regarding certain incorrect provisions were given, particularly in relation to recognising a real estate acquirer as a bona fide purchaser who relied on data from the state register until it is proven in court that he knew that there was no right to alienate the concerned property. The draft amendments are considered for the first time in the context of the proper protection of citizens’ rights and in close connection with the provisions of the Constitutional Court of the Russian Federation and the European principle of proportionality.
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Misheva, Kristina, and Marija Ampovska. "THE LEGAL ASPECTS OF TELEHEALTH." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22436.

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Telehealth seems to be the new normal in this fast-changing environment. According to the European Commission eHealth was among the highest priorities before the COVID -19 pandemic. Transformation of health and care in the digital single market is among the EU`s six political priorities of the Commission 2019-2024 (2018 Communication on Digital Health and Care). The pandemic caused by COVID-19 just accelerates the necessity of the inclusion of digital health into the traditional healthcare systems. Telehealth services are among the biggest eHealth trends in EU. Therefore, one of the challenges is the national, regional and regulatory priorities regarding telehealth. There is lack of telehealth special legislative and governmental policies that needs to stimulate the developing and innovative solutions in medicine through technology and to envisage the upcoming innovation technology. Therefore, the government support and adequate policy making is important to support the development of the telehealth services. One of the main challenges is the electronic transactions of patient data among the telehealth providers and services and the cross-border patient data share. Another issue is the exchange of information among the national health institutions and providers and their interoperability. The Macedonian legislation does not have special legislation (policies, or laws) about telehealth. Telehealth is regulated as a term in the Law on health protection. Additionally, there is a lack of national acts, literature, and research in this subject matter. Thus, this paper will explore the telehealth from two main perspectives: scientific theories and legal practice and the users’ practice. Hence, this paper will analyze the legislation about the telehealth on the EU level and the EU Member States and the Macedonian legislation and the impact on the e-health that was made during COVID-19 pandemic. Furthermore, it will make comparative analyses among different countries into the EU zone compared with the EU aspirant country- the Republic of North Macedonia. A survey conducted among doctors in private and public healthcare institutions in the primary, secondary, and tertiary healthcare levels in the city of Stip and in the city of Skopje will provide data about the challenges, risks, and trends in telehealth before and during COVID -19.
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Dobrokhotova, E. N., and S. V. Voronkova. "RESEARCH ON THE QUALITY OF WORK AND LIFE OF TEACHERS DURING THE COVID-19 PANDEMIC." In The 16th «OCCUPATION and HEALTH» Russian National Congress with International Participation (OHRNC-2021). FSBSI “IRIOH”, 2021. http://dx.doi.org/10.31089/978-5-6042929-2-1-2021-1-181-184.

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Abstract. The research shows results of a medical and legal assessment on teachers rights of implementation to health and safe work during remote work. The driver of the transition to telecommuting was the COVID-19 pandemic; the urgency of distancing resulted in an increase in professional risks, a decrease in the quality of work and life of teachers. A survey was carried out of 436 respondents from 22 constituent entities of the Russian Federation in order to develop proposals for improving the legislation and organizing the protection of the health of teachers on the basis of studying their opinions. The data obtained by the authors confirm the hypothesis put forward by them about the insufficiency of legal regulation of remote work and the protection of workers' health, the unpreparedness of workers to self-regulation of the quality of work. It leads to the conclusions about the need to strengthen the role of the state in the regulation of teachers work and to ensure the protective function of labor law in terms of protecting the health of teleworkers, as well as a qualitative change in the normative regulation of preventive medical examinations of teachers.
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Mitrović, Ljubinko, and Predrag Raosavljević. "HUMAN RIGHTS OMBUDSMEN IN THE PANDEMIC: CHALLENGES IN PROTECTION OF VULNERABLE GROUPS." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18353.

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Pandemic of virus COVID-19 posed numerous and unprecedented challenges to citizens and authorities which required shift in behavior and actions of all segments of society. Representing Ombudsmen Institution of Bosnia and Herzegovina, authors shared their experience in monitoring implementation of the decisions of all levels of government and presented challenges in striking the right balance between interests of public health and protection of rights of vulnerable groups. Public authorities in Bosnia and Herzegovina have passed emergency measures aimed at containing the spread of virus, but some of them failed to maintain human rights standards. Following the decisions of crisis centers to limit the freedom of movement, it was necessary to secure rights of children to education, protection from domestic violence and neglect in the family context. In introducing online education, authorities were asked to adapt recognition and grading system to the children in different conditions and circumstances, especially to the children with difficulties in development, children living in poverty and on margins of society such as Roma children or those living in institutions. Ombudsmen Institution registered increase in the number of domestic violence cases because measures limiting freedom of movement had impact on victims' ability to seek help from trusted sources, usually members of immediate family or representatives of law enforcement agencies. Having in mind that large number of citizens could not afford access to the official gazettes in any form, Ombudsmen requested that all enacted legislation be accessible online recommended that the decision banning reporters from conferences be reconsidered, guided by the right of citizens to be informed of their government actions. Examining the practice of placing COVID stickers on mail by the Post Office, Ombudsmen issued recommendation to stop such practice as it was deemed disproportional to the right to privacy and protection of personal data, while the protection of postal workers could have been ensured by other protective measures. It also became evident that national budgetary capacities had to be increased in order to prevent deterioration in provision of basic public services such as health and social protection, since economic consequences of the pandemic were disproportionally felt by the groups exposed to poverty, such as Roma, refugees or migrants. Drawing conclusion from concrete cases, authors offer review of particular emergency measures, analyze their adequacy, justifiability and timeliness, while presenting authorities’ response to Ombudsmen’s findings in formulating more adequate and efficient but, at the same time, least intrusive measures taken in response to the disaster. In search of common response to such widespread phenomenon, governments should recognize the intention of Ombudsmen Institutions to be in „permanent session“ over protection of vulnerable groups and should more actively involve it in discussions on emergency measures and their effect on human rights and freedoms. It proved to be better suited to act quickly, to apply more effective remedies and to correct government actions thanks to its knowledge of the local context than traditional institutions for protection of human rights, such as constitutional courts, international courts or treaty bodies.
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