Dissertations / Theses on the topic 'Data protection Law and legislation Taiwan'
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1
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.
6
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.
10
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.
11
Weng, Yi-Hung. "The balance between the data protection law regime and modern technologies : collision or collaboration? : a comparative study of regulatory instruments in the EU and Taiwan." Thesis, Durham University, 2013. http://etheses.dur.ac.uk/6999/.
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The aim of this thesis is to discuss and evaluate how to strike a balance between the benefits and the risks of biometric and Radio-frequency Identification (RFID) technologies within a data protection regime. This presents a problem because of the lack of an applicable theoretical framework and clear guidelines and principles for legal regulations to deal with such technologies. The theory chosen here is the Principle of Generic Consistency (PGC), which has been justified as the basic principle of human rights in any given community. This thesis then elaborates on specific applications of the PGC in relation to various issues by defining relevant privacy concepts and describing how they are analysed to allow the identification, evaluation, and comparison of competing rights and interests in a specific conflict. Probing and evaluating current regulation of technologies at stake in Europe and Taiwan, it is argued that the right to benefit from advances in science and technology and the right to privacy are bound to come into conflict. However, it is problematic to suggest that the balancing of competing rights is a zero-sum trade-off. Instead, in line with the broad concept of privacy, it is contended that there is the possibility for the two sets of values to support each other. In this case, the thesis suggests a co-operative framework, which relies on a consistent approach to maintain valid consent, precautionary and preventive measures to tackle the risks of developing such technologies, and an independent institutional framework for personal data protection. Lastly, the thesis proposes a PGC-derived regulatory framework and model for Taiwan. As the Formosan hydra-headed bureaucracy model generates inconsistent data protection consequences, it is suggested that an institutional framework comprising an independent regulatory body might be able to assist the success of the co-operative model more effectively.
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劉曉敏. "互聯網上泄露公民個人信息行為的犯罪化探析 : 以 人肉搜索 為視角." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2129880.
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Pupo, Alvaro de Carvalho Pinto. "Privacidade, liberdade de expressão e proteção dos dados pessoais: uma perspectiva brasileira com base na jurisprudência do Supremo Tribunal Federal." Pontifícia Universidade Católica de São Paulo, 2017. https://tede2.pucsp.br/handle/handle/20598.
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This study analyzes the concept of intimacy, privacy, free speech and personal data under a brazilian perspective, as well as the protection for each of the itens mentioned. The study makes references to authorities, legislation and case law pertaining to each of the subjects. The study pursues the clarification of what each of these understands as privacy protection and personal data protection, and how these correlates. It also pursues to understand if these understandings are aligned and propose, in the end, some way of uniformization considering the legislative bill proposals being discussed in the Brazilian Congress
O presente trabalho analisa o conceito da intimidade, privacidade, liberdade de expressão e de dados pessoais sob uma perspectiva brasileira, bem como a proteção outorgada a cada um dos itens tratados acima. São analisados os pontos doutrinários, legais e jurisprudenciais associados com cada um deles. A análisa busca averiguar o que cada um desses campos entende como proteção da privacidade e dos dados pessoais e como a privacidade e dados pessoais se relacionam, além verificar se esses entendimentos estão alinhados e propor, ao final, uma forma de uniformização, considerando inclusive propostas legislativas que se encontram em debate no Congresso Nacional
14
Wells, William Ward. "Information security program development." CSUSB ScholarWorks, 2004. https://scholarworks.lib.csusb.edu/etd-project/2585.
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Laosebikan, Foluke Oyelayo. "Privacy and technological development : a comparative analysis of South African and Nigerian privacy and data protection laws with particular reference to the protection of privacy and data in internet cafes and suggestions for appropriate legislation in Nigeria." Thesis, 2007. http://hdl.handle.net/10413/9540.
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London, Ray William. "Comparative data protection and security : a critical evaluation of legal standards." Thesis, 2013. http://hdl.handle.net/10500/13859.
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This study1 addresses the key information technology issues of the age and
its unintended consequences. The issues include social control by
businesses, governments, and information age Star Chambers. The study
focuses on a comparative analysis of data protection, data security, and
information privacy (DPSIP) laws, regulations, and practices in five countries.
The countries include Australia, Canada, South Africa, the United Kingdom,
and the United States. The study addresses relevant international legal
standards and justifications. This multidisciplinary analysis includes a
systems thinking approach from a legal, business, governmental, policy,
political theory, psychosocial, and psychological perspective. The study
implements a comparative law and sociolegal research strategy. Historic,
linguistic, and statistical strategies are applied. The study concludes with a
next step proposal, based on the research, for the international community,
the five countries in the study, and specifically, South Africa as it has yet to
enact a sound DPSIP approach.LL. D.
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London, R. W. "Comparative data protection and security : a critical evealuation of legal standards." Thesis, 2013. http://hdl.handle.net/10500/13859.
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This study1 addresses the key information technology issues of the age and
its unintended consequences. The issues include social control by
businesses, governments, and information age Star Chambers. The study
focuses on a comparative analysis of data protection, data security, and
information privacy (DPSIP) laws, regulations, and practices in five countries.
The countries include Australia, Canada, South Africa, the United Kingdom,
and the United States. The study addresses relevant international legal
standards and justifications. This multidisciplinary analysis includes a
systems thinking approach from a legal, business, governmental, policy,
political theory, psychosocial, and psychological perspective. The study
implements a comparative law and sociolegal research strategy. Historic,
linguistic, and statistical strategies are applied. The study concludes with a
next step proposal, based on the research, for the international community,
the five countries in the study, and specifically, South Africa as it has yet to
enact a sound DPSIP approach.LL.D. (Laws)
18
Chang, Jung-Han, and 張容涵. "Exploring the Transformation of Taiwan Personal Data Protection Law from the Perspective of Comparative Law." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/9r2t6s.
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碩士國立臺灣大學
法律學研究所
107
The development of big data and AI has made enterprises rampantly collect, process and use personal data. EU has recognized the protection of personal data also belongs to the protection of human rights in European Human Rights Convention. On May 25, 2018, the implementation of GDPR declares the prelude to personal data protection in the era of big data was unveiled. Though United States also provides protection for information privacy, it shows differences in legislative structure and regulatory framework comparing with EU. This article refers to the norms and regulations of data protection in Europe and the United States, and proposes a new regulatory framework for personal data protection, in order to find a balance between promotion of information flow and protection of individual rights, and also provide amendement suggestion for Taiwan Personal Data Protection law in the near future. The second chapter of this article begins with the famous case of Taiwan Health Insurance Database. It points out that the current law can neither promote the information flow nor protect individual rights and fall into the dilemmas. Therefore, the third chapter discusses the entitlement of personal data by analysising the adquacy of “property rule” and “liability rule”. This article finds personal data should be protected by “property rule” by taking GDPR as an example. In addition, the current law should further amend the relevant provisions in order to comply with the property rule. The fourth chapter discusses the two consent models derived from the principle of "informed consent", one is "opt-in" and the other is "opt-out". These two models are represented by EU and the United States respectively. However, in view of the failure of notice system, the booming business model of "take-it or leave-it"; and the shifting trend of regulatory attitude, this paper believes that Taiwan personal data protection law should adopt the "opt-out" model in the future to facilitate the flow of information. Finally, this paper believes that the current law lacks an ex ante data protection impact assessment risk management mechanism which isn’t enough to cope with high-risk behaviors such as “profiling” and “automated decision-making” in the future, and also lacks ex post regulatory means for mispresentation or omission of notice. Thus, Taiwan Personal Data protection law should adopt EU data protection impact assessment and target “deception” and “unfairness” conducts by referring to US FTC Act.
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Roos, Anneliese. "The law of data (privacy) protection: a comparative and theoretical study." Thesis, 2003. http://hdl.handle.net/10500/1463.
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In present-day society more and more personal information is being collected. The nature of the collection has also changed: more sensitive and potentially prejudicial information is collected. The advent of computers and the development of new telecommunications technology, linking computers in networks (principally the Internet) and enabling the transfer of information between computer systems, have made information increasingly important, and boosted the collection and use of personal information. The risks inherent in the processing of personal information are that the data may be inaccurate, incomplete or irrelevant, accessed or disclosed without authorisation, used for a purpose other than that for which they were collected, or destroyed. The processing of personal information poses a threat to a person's right to privacy. The right to identity is also infringed when incorrect or misleading information relating to a person is processed. In response to the problem of the invasion of the right to privacy by the processing of personal information, many countries have adopted "data protection" laws. Since the common law in South Africa does not provide adequate protection for personal data, data protection legislation is also required. This study is undertaken from a private law perspective. However, since privacy is also protected as a fundamental right, the influence of constitutional law on data protection is also considered. After analysing different foreign data protection laws and legal instruments, a set of core data protection principles is identified. In addition, certain general legal principles that should form the basis of any statutory data protection legislation in South Africa are proposed. Following an analysis of the theoretical basis for data protection in South African private law, the current position as regards data protection in South-Africa is analysed and measured against the principles identified. The conclusion arrived at is that the current South African acts can all be considered to be steps in the right direction, but not complete solutions. Further legislation incorporating internationally accepted data protection principles is therefore necessary. The elements that should be incorporated in a data protection regime are discussed.Jurisprudence
LL. D. (Jurisprudence)
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CHEN, YU-HUA, and 陳宥樺. "The Comparative Study on Taiwan and Macau Personal Data Protection Law and Practice." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/jtqz62.
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碩士東吳大學
法律學系
105
Methods of using information and communication technology are ever-changing. It has become much more easier and faster in terms of gathering, processing and applying one’s personal data. At the same time, it also meant that the risk of protecting one’s privacy and personal data would be on the rise. Moreover, the design and the practical execution of the legal institution each has its own difficulties. With the development of Cloud technology, it has become one of the necessary steps to transmit personal data internationally in business activities nowadays. Protecting personal data is no longer just a problem inside a single country. Hence, it is necessary to understand legal regulations regarding personal data protection in the neighbouring countries and regions. In recent years, neighbouring countries and regions have implemented personal data protection law and set up personal data security agencies, such as The Personal Data Protection Commission in Singapore in 2012. Therefore, it is worth investigating the similarities and differences between the legal and practical operation of data protection law in Taiwan and its neighbouring countries and regions. In 2005, Macau passed the Personal Data Protection Act and established the Macau Personal Data Protection Office which is responsible for monitoring and coordinating the protection of personal data in compliance with the law. It has also developed a series of guidelines and submissions based on the practical implementation of the law. These provide valuable insights into specific issues and viable solutions regarding personal data protection law. Due to Taiwan and Macau’s similar social, economic and cultural background and that they follow the EU’s personal data protection system, this thesis will analyse personal data protection law between the two countries based on the following approaches: principles, scope, how data is gathered, processed, applied, legal rights of data providers, legal remedies and the government department. In addition, it investigates cases from the Office for Personal Data Protection Macau regarding its application of consent, video footage, international data transmission and clients’ legal rights and how it can be applied to personal data protection law in Taiwan.
21
Conroy, Marlize. "A comparative study of technological protection measures in copyright law." Thesis, 2006. http://hdl.handle.net/10500/2217.
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Digitisation had a profound impact on the creation, reproduction, and dissemination of works protected by copyright. Works in digital format are vulnerable to infringement, and technological protection measures are accordingly applied as protection. Technological protection measures can, however, easily be circumvented, and additional legal protection against circumvention was needed.
Article 11 of the WIPO Copyright Treaty (the WCT) obliges Member States to provide adequate legal protection against the circumvention of technological measures applied to works protected by copyright. Contracting parties must refine the provisions of Article 11 and provide for exceptions on the prohibition. Article 11 does not specify whether it pertains to only certain types of technological measures, nor does it prohibit the trafficking in circumvention devices.
The United States implemented the provisions of Article 11 of the WCT through the Digital Millennium Copyright Act of 1998 (the DMCA). Section 1201 of the DMCA prohibits the circumvention of technological measures. It is detailed and relates to two categories of technological measures - access control and copy control. It prohibits not only the act of circumvention, but also the trafficking in circumvention devices.
Article 6 of the EC Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society of 2001 implements Article 11 of the WCT. Article 6 seeks to protect Aeffective technological measures@. It prohibits both the act of circumvention and circumvention devices.
Although Article 11 of the WCT is silent on the issue of access control, it seems as if the international trend is to provide legal protection to access controls, thus indirectly creating a right to control access.
South Africa has not yet implemented Article 11 of the WCT. The South African Copyright Act of 1979 does not protect technological protection measures. The Electronic Communications and Transactions Act of 2002 (the ECT Act) provides protection against the circumvention of technological protection measures applied to digital data. The definition of Adata@ is such that it could include protected works. If applied to protected works, the anti-circumvention provisions of the ECT Act would be detrimental to user privileges.
As developing country, it seems to be in South Africa's best interest to the implement the provisions of Article 11 in such a manner that it still allows users access to and legitimate use of works protected by copyright.Jurisprudence
LL.D.
22
Allotey, Asuquo Kofi Essien. "Data protection and transborder data flows : implications for Nigeria's integration into the global network economy." Thesis, 2014. http://hdl.handle.net/10500/13903.
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One of the realities that developing countries like Nigeria have to face today is that national and international markets have become more and more interconnected through the global platform of telecommunications and the Internet. This global networked economy is creating a paradigm shift in the focus of development goals and strategies particularly for developing countries. Globalisation is driving the nations of the world more into political and economic integration. These integrations are enhanced by a globally interconnected network of economic and communication systems at the apex of which is the Internet. This network of networks thrives on and encourages the expansion of cross-border flows of ideas and information, goods and services, technology and capital.
Being an active member of the global network economy is essential to Nigeria’s economic development. It must plug into the network or risk being shut out. The global market network operates by means of rules and standards that are largely set by the dominant players in the network. Data protection is a critical component of the regime of rules and standards that govern the global network economy; it is evolving into an international legal order that transcends geographical boundaries.
The EU Directive on data protection is the de facto global standard for data protection; it threatens to exclude non-EU countries without an adequate level of privacy protection from the EU market. More than 50 countries have enacted data protection laws modelled on the EU standard. Access to the huge EU market is a major motivation for the current trend in global harmonisation of domestic data protection laws. This trend provides a compelling reason for examining the issues relating to data protection and trans-border data flows and their implications for Nigeria’s desire to integrate into the global network economy.
There are two primary motivations for legislating restrictions on the flow of data across national boundaries. The first is the concern for the privacy of the citizens, and second, securing the economic well-being of a nation. It is important that Nigeria’s privacy protection keeps pace with international norms in the provision of adequate protection for information privacy order to prevent potential impediments to international trading opportunities.Public, Constitutional, & International
LLD
23
Tseng, Yu-Wen, and 曾郁雯. "A Research on the Civil Law Protection of Personal Data Between Taiwan and Mainland China." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/35792839343481357047.
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碩士東吳大學
法律學系
99
Collecting relating information through the internet, it is capable to draw individual’s personal profile as well as to create database composed of people with similar characteristics. With high value on business marketing and services, more and more individuals or enterprises engage in selling personal data. Therefore, personal data as a product turns into important business nowadays. Under the trend of “Propertized Personal Data,”the spirit of personal data in Civil Code becomes a controversial issue. The object Civil Code protected is personal data, belonging to Personality Right, but not compatible with Ownership, Intellectual Property and Modern Rights; in addition, the scope is bigger than Privacy Right. Thus, to use“Human Right Object Theory”as the spirit of personal data in Civil Code is the most appropriate. No matter in Taiwan or Mainland China, there is a great deal of disclose and abuse of personal data, especially through the internet. Due to the characteristics of the internet, personal data has been injured rapidly and widely; however, it is difficult to produce the evidence and costs a lot for victims to receive equivalent compensation. In Taiwan, there is a rule to Compensation of Punitive Damage in “Consumer Protection Law” and special Law. In Mainland China, there is also a rule to Compensation of Punitive Damage in “Law of the PRC on the Protection of the Rights and Interests of Consumers” and “PRC Tort Liability Law.” Looking at laws between Taiwan and Mainland China, Compensation of Punitive Damage has the function of not only compensation but also punishment, which shall effectively avoid personal data injuries. In sum, it is recommended to implement Compensation of Punitive Damage to solve the issue of personal data injuries and inequivalent compensation for victims. Compensation of Punitive Damage derives from Torts, so it can be considered to use the rule to Compensation of Punitive Damage in Consumer Protection Law in Civil Code to avoid personal data injuries and protect victim’s right. As for Mainland China, legislators can refer to the rule in“Law of the PRC on the Protection of the Rights and Interests of Consumers”and“PRC Tort Liability Law.”
24
Lu, Shao-Hsin, and 呂少莘. "Purpose Limitation Principle of Data Protection Law- A comparative Study of EU, UK and Taiwan." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/q3afth.
Full textAbstract:
碩士中原大學
財經法律研究所
106
Abstract Because of the prevalence of internet, large quantity personal data can be collected easily and it has cause a serious problem of personal data protection. The European Data Protection Directive (Directive 95/46/EC) is not only the guide directive of the European Union but also known as one of the earlier regulation on the personal data protection all over the world. In addition, Taiwan Personal Information Protection Act adopted the Directive as well. Given that rapid technological development makes the harm on personality rights increased and the European Data Protection Directive might be outdated, European Commission submit General Data Protection Regulation finally approved by the EU Parliament and will be enforced on 2018. Thus, this General Data Protection Regulation established will remove the obstacles to flows of personal data and avoid the difference in levels of protection in EU Member States. Furthermore, this regulation will replace the former European Data Protection Directive. This research will mainly focus on the purpose limitation which is one of the personal data protection principle, presenting the essential elements of this data protection principle, studying several practical cases of UK and Taiwan and then compare the differences of EU, UK and Taiwan regulation.
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Fok, Yiu Cheung George. "A comparative study of legislation affecting privacy and personalization factors of website design in Australia, Singapore and Hong Kong." Thesis, 2012. http://hdl.handle.net/1959.13/931161.
Full textAbstract:
Professional Doctorate - Doctor of Business Administration (DBA)This paper focused on website design factors with respect to online websites access by consumers resulting in collecting personal information. In today’s information age, focusing on personal data privacy protection issues will undoubtedly be a priority in promoting electronic commerce in Asia Pacific. Hong Kong is a pioneer in legislating comprehensive data privacy protection law amongst the common-law regimes. Hong Kong enacted the Personal Data (Privacy) Ordinance way back in 1995. In the Asia Pacific region, Australia and Hong Kong are two jurisdictions supporting the nine principles of the APEC Electronic Commerce Steering Group framework by passing comprehensive data privacy protection laws. Singapore is lagging behind and only promulgates a Model Data Protection Codes (MDPC) without any legislative support. When comparing the underlying principles of the MDPC with those stipulated in the data privacy regulatory framework of Hong Kong Australia, they are similar. This study examined websites’ data privacy design factors and the extent of the privacy policy information found in the websites. The first observatory survey visited a random sample of 307 websites with roughly equal number in Australia, Hong Kong and Singapore. The survey used a questionnaire to guide the collection of design factors related to the manner of personal data collection, the format and location of the privacy policy statement, and the types of information provided in such statement. The second survey was an email survey. Eighty seven website operators gave valid responses to a questionnaire collecting their views on personal data privacy related website design issues. Data analysis for both surveys involved counting frequencies, calculating percentages, and using Chi-square tests. This study proposed the hypotheses that were used to examine the extent of personal data privacy intrusion and the level of the privacy policy information disclosure of the websites. The proposed hypotheses assumed that these privacy related website design factors were largely influenced by the regulatory framework implemented by the government. Results of the first survey revealed that most websites collected personal data on a non-voluntary way, and there was no significant country difference. However, most websites in Australia and Hong Kong provided some form of the privacy policy statement. Singapore is the only country using a legislative threat approach instead of actual legislation to regulate personal data privacy. The results revealed that 61.8% of Singaporean websites did not provide any form of the privacy policy information. The country difference in the format and location of the privacy policy statement found in websites was significant. The results revealed that more websites in Australia and Hong Kong provided information about the purpose of collection, use of personal data, right to ensure accuracy of data stored, and data transmission security than those in Singapore. The country difference did not show up on the other types of information including the use of cookies, right to refuse promotional materials, divulge of personal data, and data retention policy. Results of the second survey were not conclusive. Hence, the website operators email survey results did not support the hypothesis that legislative and non-legislative approach would have different effects on influencing the views of the website operators.
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Nxokweni, Unathi Pearl. "Legal principles regulating the processing of personal information in the workplace." Diss., 2018. http://hdl.handle.net/10500/25762.
Full textAbstract:
This study focuses on the right to privacy in the workplace, specifically employees' expectations of electronic privacy where personal information is processed. The main aim of this dissertation is to establish whether, given advantages in technology, South African laws offers adequate protection for employees when their electronic information is being processed. The study analyses South African law as it relates to the privacy of employees during the processing of their personal information in the workplace.This is examined within the parameters of the constitutional and legislative framework with due regard to the common-law right to privacy. The legal issues are examined from a South African context and is compared with data protection laws and regulations of the United Kingdom. It also offers recommendations based on experience gained in the United Kingdom.Private Law
LL. M.
27
"An empirical study of the impact of the Personal Data (Privacy) Ordinance on human resource management." 1998. http://library.cuhk.edu.hk/record=b5889382.
Full textAbstract:
by Fung Cheuk-Hing, Wang Suk-Ching Anita.Thesis (M.B.A.)--Chinese University of Hong Kong, 1998.
Includes bibliographical references (leaves 87-89).
ABSTRACT --- p.ii
TABLE OF CONTENTS --- p.iii
LIST OF TABLES --- p.vi
LIST OF ABBREVIATIONS --- p.vii
ACKNOWLEDGMENT --- p.viii
Chapter
Chapter I. --- INTRODUCTION --- p.1
Chapter II. --- LITERATURE REVIEW --- p.4
Privacy Protection Act --- p.4
A Survey of Privacy in the Workplace --- p.5
Chapter III. --- PERSONAL DATA (PRIVACY) ORDINANCE --- p.8
Events that led to the Enactment of the Ordinance --- p.8
An Overview of the Ordinance --- p.10
Chapter IV. --- METHODOLOGY --- p.14
Chapter V. --- RESULTS --- p.17
Privacy Commissioner's Office (PCO) --- p.17
The Hong Kong Institute of Human Resource Management (IHRM) --- p.23
Bank A --- p.26
Recruitment and Selection --- p.26
References --- p.27
Employee Records --- p.28
Data Relating to Ex-employees --- p.28
Training and Development --- p.29
Compensation and Benefits --- p.30
Data Storage and Security --- p.30
Data Transfer and Transmission --- p.30
Appraisal and Potential Assessment --- p.30
Disciplinary Records --- p.31
Exit Interview --- p.31
Others --- p.32
Bank B --- p.33
Recruitment and Selection --- p.33
References --- p.34
Employee Records --- p.34
Data Relating to Ex-employees --- p.35
Training and Development --- p.35
Compensation and Benefits --- p.35
Data Storage and Security --- p.35
Data Transfer and Transmission --- p.36
Appraisal and Potential Assessment/Disciplinary Records --- p.36
Exit Interview --- p.36
Others --- p.36
Bank C --- p.37
Recruitment and Selection --- p.38
References --- p.38
Employee Records --- p.38
Data Relating to Ex-employees --- p.39
Training and Development --- p.39
Compensation and Benefits --- p.39
Data Storage and Security --- p.39
Data Transfer and Transmission --- p.40
Appraisal and Potential Assessment --- p.40
Disciplinary Records --- p.40
Exit Interview --- p.40
Others --- p.41
Chapter VI. --- ANALYSIS OF RESULTS --- p.43
"Overview of Bank A, B and C's Interview Results" --- p.43
Evaluation on Compliance Level --- p.45
Recruitment and Selection --- p.46
References --- p.47
Employee Records --- p.48
Data Relating to Ex-employees --- p.48
Training and Development --- p.49
Compensation and Benefits --- p.49
Data Storage and Security --- p.50
Data Transfer and Transmission --- p.50
Appraisal and Potential Assessment/Disciplinary Records --- p.50
Exit Interview --- p.50
General --- p.50
Dynamics Between the PCO and Human Resource Practitioners --- p.51
Dynamics Between the PCO and IHRM --- p.53
Dynamics Between IHRM and Human Resource Practitioners --- p.53
Comparison with Linowes' Survey Results --- p.54
Chapter VII. --- RECOMMENDATIONS --- p.56
Privacy Commissioner's Office (PCO) --- p.56
The Hong Kong Institute of Human Resource Management (IHRM) --- p.57
"Bank A, B and C" --- p.57
Chapter VIII. --- LIMITATIONS --- p.59
IX. CONCLUSIONS --- p.60
APPENDIX --- p.62
BIBLIOGRAPHY --- p.87
28
Donald, Katherine Faye. "Names, pseudonyms and anonymity in online interactions: a study of name policy on news24, the daily Maverick, and 4chan." Thesis, 2017. https://hdl.handle.net/10539/24442.
Full textAbstract:
A research report submitted to the Faculty of Arts, University of the Witwatersrand, Johannesburg, in partial fulfilment of the requirements for the degree of Master of Arts, Johannesburg, 2017This research investigates real names, pseudonyms, and anonymity online. From its small beginning as a research tool, the internet has grown radically and been increasingly incorporated into people’s daily lives. Simultaneously, as the internet has grown and changed, so have its uses, and perceptions of the naming practices used on it. Attitudes towards acceptable name use online have changed over time. Social networking sites have had a strong influence on name usage policies. This research examines how these attitudes have changed, and the implications of real names, pseudonyms and anonymity for behaviour on the internet and privacy. The radically disembodied nature of online communication lends itself to disinhibition, which in turn has resulted in online communications’ reputation for trolls and abusers. Contrary to the common assumption that the use of real names offline indicates the legitimacy of using real names online, online and offline communications are radically different. Online communications have very different considerations regarding privacy, identity theft, the digital footprint, and collapsed context, many of which are not present in offline communications. This paper examines naming policies and site structure through two case studies. The first case focuses on News24 and the Daily Maverick, both of which are South African news sites. Due to the need for rational and polite discourse, these implemented real name policies in order to enforce good behaviour amongst their users. In both cases, the real name policies failed. The second case study is that of 4chan, the American image board site. 4chan does not require any login process, and its users are typically anonymous. Despite being notorious for trolls, illegal content, and its image board /b/, the site’s architecture, along with the way that posts are created and then kept alive, mean that the site can be effective at moderating the kinds of content that it deems appropriate for each of its boards. Despite the contrasting nature and purposes of the news sites and 4chan, there are lessons to be learnt from the failure of real name policies, and the architecture and set up of sites which can be used to enforce particular behaviours. Furthermore, despite the ephemeral and shifting nature of 4chan, identity and a sense of belonging remain important to its users, hinting at the importance of a sense of identity to site members and the role of this identity in ensuring that users adhere to the norms.
XL2018
29
Dagada, Rabelani. "Legal and policy aspects to consider when providing information security in the corporate environment." Thesis, 2014. http://hdl.handle.net/10500/18839.
Full textAbstract:
E-commerce is growing rapidly due to the massive usage of the Internet to conduct commercial transactions. This growth has presented both customers and merchants with many advantages. However, one of the challenges in E-commerce is information security. In order to mitigate e-crime, the South African government promulgated laws that contain information security legal aspects that should be integrated into the establishment of information security. Although several authors have written about legal and policy aspects regarding information security in the South African context, it has not yet been explained how these aspects are used in the provision of information security in the South African corporate environment.
This is the premise upon which the study was undertaken. Forty-five South African organisations participated in this research. Data gathering methods included individual interviews, website analysis, and document analysis.
The findings of this study indicate that most organisations in South Africa are not integrating legal aspects into their information security policies. One of the most important outcomes of this study is the proposed Concept Model of Legal Compliance in the Corporate Environment. This Concept Model embodies the contribution of this study and demonstrates how legal requirements can be incorporated into information security endeavours. The fact that the proposed Concept Model is technology-independent and that it can be implemented in a real corporate environment, regardless of the organisation’s governance and management structure, holds great promise for the future of information security in South Africa and abroad.
Furthermore, this thesis has generated a topology for linking legislation to the provision of information security which can be used by any academic or practitioner who intends to implement information security measures in line with the provisions of the law. It is on the basis of this premise that practitioners can, to some extent, construe that the integration of legislation into information security policies can be done in other South African organisations that did not participate in this study. Although this study has yielded theoretical, methodological and practical contributions, there is, in reality, more research work to be done in this area.School of Computing
D. Phil. (Information Systems)
30
Skosana, Milton Themba. "The right to privacy and identity on social network sites : a comparative legal perspective." Diss., 2016. http://hdl.handle.net/10500/23772.
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This study focuses on the use of Social Network Sites (SNSs) and certain personality rights (specifically the right to privacy and the right to identity) that may be infringed by this use. The study also discusses data protection law as the protection of the rights to privacy and identity are interlinked with data protection in that data protection assumes importance when there is processing of personal information on SNSs.
The study seeks to determine whether South African law provides adequate protection for the interests that form the object of these personality rights, and highlights certain shortcomings, particularly in the context of SNSs. It also suggests solutions where there are shortcomings by learning from other jurisdictions. Related issues investigated are: who should be held responsible for the user-generated content uploaded on SNSs; the role of the Internet Service Provider (ISP); and how to deal with anonymous defendants.Private Law
LL. M.
31
Nienaber, Catharina Wilhelmina. "Strafregtelike beskerming van inligting." Thesis, 2005. http://hdl.handle.net/10500/1682.
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In hierdie proefskrif is die belangrike rol wat inligting tans en toenemend in die samelewing speel ondersoek, om te beklemtoon hoe noodsaaklik dit tans is om `n misdryf wat die wederregtelike en opsetlike verkryging van inligting strafbaar sal reël, te verorden. Die rol wat industriële spioenasie in die verband speel word uitgelig. As gevolg van die bepaalde onliggaamlike aard van inligting kan inligting nie soos liggaamlike eiendom `n persoon ontneem word nie. Inligting word gewoonlik bloot gekopieer en die oorspronklike houer van die inligting behou die inligting hoewel die dader ook die inligting verkry. Die gemeenregtelike misdaad van diefstal maak dus nie voorsiening vir die diefstal van inligting waar die inligting bloot gekopieer of gedupliseer is nie.
Om te bepaal hoe hierdie bepaalde probleem in ander lande se regstelsels aangespreek word en om kennis op te doen oor hoe dit in die Suid-Afrikaanse reg aangespreek behoort te word, is die strafregtelike bepalings en selfs nie-strafregtelike bepalings in lande soos Engeland, Amerika, Kanada en Nederland ondersoek.
Ten einde vas te stel welke inligting deur die strafreg beskerm behoort te word, is selfs sekere nie-strafregtelike bepalings van vermelde lande en van die Suid-Afrikaanse reg nagegaan. Insigte is verkry oor welke elemente sodanige inligting aan moet voldoen en `n definisie van beskermwaardige inligting word aanbeveel. Vir hierdie doel is `n nuwe begrip van beskermwaardige inligting geskep.
Die redes waarom diefstal van inligting nie in Suid-Afrikaanse en die ander lande se regstelsels nie erken word nie, is bespreek. Die wyse waarop die gemeenregtelike misdaad van diefstal na die diefstal van onliggaamlike geld uitgebrei is, is ondersoek waarna `n aanbeveling gemaak word oor hoe die definisie van diefstal uitgebrei kan word om ook ander onliggaamlike objekte in te sluit. As gevolg van die bepaalde aard van inligting kan die gemeenregtelike definisie van diefstal nie uitgebrei word om inligting as `n objek in te sluit nie en word `n statutêre misdryf van diefstal van inligting voorgestel.Jurisprudence
LL. D.
32
Maguraushe, Kudakwashe. "Development of a diagnostic instrument and privacy model for student personal information privacy perceptions at a Zimbabwean university." Thesis, 2021. http://hdl.handle.net/10500/27557.
Full textAbstract:
Orientation: The safety of any natural being with respect to the processing of their personal information is an essential human right as specified in the Zimbabwe Data Protection Act (ZDPA) bill. Once enacted, the ZDPA bill will affect universities as public entities. It will
directly impact how personal information is collected and processed. The bill will be fundamental in understanding the privacy perceptions of students in relation to privacy awareness, privacy expectations and confidence within university. These need to be understood to give guidelines to universities on the implementation of the ZPDA.
Problem Statement: The current constitution and the ZDPA are not sufficient to give organisations guidelines on ensuring personal information privacy. There is need for guidelines to help organisations and institutions to implement and comply with the provisions
of the ZDPA in the context of Zimbabwe. The privacy regulations, regarded as the three concepts (awareness, expectations and confidence), were used to determine the student perceptions. These three concepts have not been researched before in the privacy context
and the relationship between the three concepts has not as yet been established.
Research purpose: The main aim of the study was to develop and validate an Information Privacy Perception Survey (IPPS) diagnostic tool and a Student Personal Information Privacy Perception (SPIPP) model to give guidelines to universities on how they can implement the ZDPA and aid universities in comprehending student privacy perceptions to safeguard personal information and assist in giving effect to their privacy constitutional right.
Research Methodology: A quantitative research method was used in a deductive research approach where a survey research strategy was applied using the IPPS instrument for data collection. The IPPS instrument was designed with 54 items that were developed from the
literature. The preliminary instrument was taken through both the expert review and pilot study. Using the non-probability convenience sampling method, 287 students participated in the final survey. SPSS version 25 was used for data analysis. Both descriptive and inferential statistics were done. Exploratory factor analysis (EFA) was used to validate the
instrument while confirmatory factor analysis (CFA) and the structural equation modelling (SEM) were used to validate the model.
Main findings: diagnostic instrument was validated and resulted in seven new factors, namely university confidence (UC), privacy expectations (PE), individual awareness (IA), external awareness (EA), privacy awareness (PA), practice confidence (PC) and correctness expectations (CE). Students indicated that they had high expectations of the university on privacy. The new factors showed a high level of awareness of privacy and had low confidence in the university safeguarding their personal information privacy. A SPIPP
empirical model was also validated using structural equation modelling (SEM) and it indicated an average overall good fit between the proposed SPIPP conceptual model and the empirically derived SPIPP model
Contribution: A diagnostic instrument that measures the perceptions (privacy awareness, expectations and confidence of students) was developed and validated. This study further contributed a model for information privacy perceptions that illustrates the relationship
between the three concepts (awareness, expectations and confidence). Other universities can use the model to ascertain the perceptions of students on privacy. This research also contributes to improvement in the personal information protection of students processed by
universities. The results will aid university management and information regulators to implement measures to create a culture of privacy and to protect student data in line with regulatory requirements and best practice.School of Computing
Ph. D. (Information Systems)