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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Okechukwu Ukwueze, Festus, and Justin Ibegbulem. "DECONSTRUCTING NIGERIA’S DATA PROTECTION REGIME FROM CONSUMER PROTECTION PERSPECTIVE." Law, State and Telecommunications Review 13, no. 1 (May 26, 2021): 94–118. http://dx.doi.org/10.26512/lstr.v13i1.31850.
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Purpose – The purpose of this paper is to make a case for the recognition of privacy and personal data protection as species of consumer rights in Nigeria in line with the revised United Nations Guidelines for Consumer Protection (UNGCP) by amending existing laws or enacting a new law to provide for personal data protection regime for consumers. Methodology/Approach/Design – The study follows a structured review of relevant extant legislation on consumer protection and personal data protection, namely the Federal Competition and Consumer Protection Act 2018 (FCCPA) and the Nigeria Data Protection Regulation 2019 (NDPR). Findings – The paper identifies that the provisions of Nigeria’s foremost consumer protection legislation, FCCPA, does cover electronic commerce (e-commerce) or consumer privacy and personal data protection while the NDPR, subsidiary legislation on personal data protection, which is yet to be effectively implemented is too general as to provide the consumers the much-needed privacy protection in their dealings with businesses. Practical Implications–Given the importance Recognition of data privacy and personal data protection as a species of consumer rights helps in understanding consumer protection in online transactions and opens opportunities for future research on consumer privacy and data protection. Originality/Value – Given the importance attached to the protection of consumer privacy and the various ramifications of transactions involving exposure of consumers’ personal data, recognition of privacy consumers’ rights to privacy is vital in consolidating knowledge of consumer rights and identifying paths for future research.
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Fialová, Eva. "AUTONOMOUS VEHICLES AND EUROPEAN DATA PROTECTION LAW." MECCA Journal of Middle European Construction and Design of Cars 17, no. 1 (July 20, 2020): 6. http://dx.doi.org/10.14311/mecdc.2020.01.01.
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Autonomous vehicles process a huge amount of data about the driver, or rather passengers of the vehicle, as well as about other persons (pedestrians and passengers of other vehicles). This is why the autonomous vehicles raise questions about the protection of personal data. In 2018 a new European data protection legislation came into force. The General Data Protection Regulation places new obligations on controllers of personal data and provides new rights to data subjects, which will relate to operations of autonomous vehicles and their infrastructure. The providers thereof will have to implement the principles of data protection legislation into their systems. In this context the personal data is not just data concerning the identity of the driver, a passenger or other persons, but any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or even due to a peculiar behaviour in the vehicle. The paper will focus on the new legal regulation in relation to the operation of autonomous vehicles.Autonomní vozidla zpracovávají velké množství údajů o řidiči vozidla, resp. cestujících ve vozidle, jakož i o dalších osobách (spolucestujících, chodcích a pasažérech v jiných vozidlech). To je důvod, proč provoz autonomních vozidel vyvolává řadu otázek týkajících se ochrany osobních údajů. V roce 2018 nabyla účinnosti nová evropská právní úprava regulující tuto oblast. Obecné nařízení o ochraně osobních údajů přináší nové povinnosti správcům osobních údajů, jakož i nová práva subjektům údajů, která se budou týkat provozu autonomních vozidel a infrastruktury. Výrobci a poskytovatelé služeb budou muset do svých systémů implementovat legislativu o ochraně osobních údajů. Osobními údaji nejsou pouze údaje týkající se totožnosti řidiče, cestujících nebo jiných osob, ale veškeré informace vztahujících se k identifikované nebo identifikovatelné fyzické osobě, kterou lze přímo nebo nepřímo identifikovat, zejména odkazem na identifikátor, jako je např. název, identifikační číslo, lokalizační údaje, nebo třeba i kvůli osobitému chování ve vozidle. Tento článek se zaměřuje na novou právní úpravu ve vztahu k provozu autonomních vozidel.
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Garcel, Adriane, and Sergio Fernando Moro. "Data Protection Law and its Interactions with the Anti-Money Laundering Law." REVISTA INTERNACIONAL CONSINTER DE DIREITO 12, no. 12 (June 30, 2021): 191–209. http://dx.doi.org/10.19135/revista.consinter.00012.08.
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This article aims to analyze the interactions of the new General Personal Data Protection Law, Law nº. 13,709, of August 14, 2018, with the Money Laundering Law, Law no. 9,613, of March 1998. For this purpose, the methodology used is doctrinal, jurisprudential and quantitative analysis that initially presents the principles expressly established in procedural legislation, and short definitions of their applications. Continuous action addresses the ways in which State courts, already more familiar with this interaction, react and define concepts that are still incipient in national legislation. As a result, it is concluded from the studies presented that the main interaction between the General Law on the Protection of Personal Data (LGPD) and the Money Laundering Law occurs in the institution of a central data monitoring authority at the level national. Having a critical aspect for certain doctrinal aspects, given the right to individual privacy, and as an extremely effective tool, according to divergent opinions, against modern organized crime, which implements, through detailed problems, within the privacy of certain individuals. The main contributions of this study are in the sense of evaluating the interactions that the institution of the National Data Protection Agency (ANPD) and the Money Laundering Law will carry out, especially with regard to the maintenance of a national database, and the implications this brings to the right to privacy and oblivion, in view of the prevalence of the State’s interest in combating complex organized crime.
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Voloshanivska, Tetiana, Liudmyla Yankova, and Oleksandr Tarasenko. "ABOUT DATA PROTECTION STANDARDS AND INTELLECTUAL PROPERTY REGULATION IN THE DIGITAL ECONOMY: KEY ISSUES FOR UKRAINE." Baltic Journal of Economic Studies 8, no. 4 (November 30, 2022): 40–49. http://dx.doi.org/10.30525/2256-0742/2022-8-4-40-49.
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Changes that are constantly taking place in the digital economy cause increasing instability of legislation in the field of data protection and security. For example, in Ukraine, under martial law, there is an urgent need to adapt the legal regulation to European data protection standards (in terms of personal data processing). First of all, the correlation between EU law, national law of the EU Member States and national legislation of the EU candidate countries results in the principle of direct effect of EU law. In addition, EU data protection law has become an essential source for EU Member States in regulating artificial intelligence (AI), e-commerce and the Internet of Things (IoT). The article considers the specific topic of the conditions of approximation of international norms and legislation of Ukraine to EU law, trying to answer the questions of personal data protection in the conditions of martial law that have arisen. This work is based on a comparative analysis of the General Data Protection Regulation 2016/679 and internal data protection rules in Ukraine. At present, the research purpose of the article is to reveal the fact that data protection is a specific category of procedural law based on the principles of intellectual property law regarding data access rights and data ownership rights in the digital economy.
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Bomba, David, and George Hallit. "Will the new Australian Health Privacy Law provide adequate protection?" Australian Health Review 25, no. 3 (2002): 141. http://dx.doi.org/10.1071/ah020141a.
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Amendments to the original Privacy Act (1988) come at a key point in time, as a national medical record system looms on the Australian horizon. Changes to The Privacy Act have the potential to define a level of information privacy prior to the implementation of such a system. We have therefore collected expert opinions on the ability of the Health Privacy Guidelines(enacted in December 2001 under The Privacy Act and hereafter more specifically known as Health Privacy Legislation) to ensure the privacy and security of patient information. We conclude that the legislation is flawed in its capacity to withstand an increasingly corporatised health sector. Deficiencies in consent requirements, together with feeble enforcement capabilities, mean The Legislation cannot effectively ensure that personally identifiable information will not end up in corporate third party hands. To significantly bolster the new legislation, we argue that it should be supplemented with explicit health data legislation and privacy auditing.
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Sethi, Nayha. "The Promotion of Data Sharing in Pharmacoepidemiology." European Journal of Health Law 21, no. 3 (June 11, 2014): 271–96. http://dx.doi.org/10.1163/15718093-12341323.
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This article addresses the role of pharmacoepidemiology in patient safety and the crucial role of data sharing in ensuring that such activities occur. Against the backdrop of proposed reforms of European data protection legislation, it considers whether the current legislative landscape adequately facilitates this essential data sharing. It is argued that rather than maximising and promoting the benefits of such activities by facilitating data sharing, current and proposed legislative landscapes hamper these vital activities. The article posits that current and proposed data protection approaches to pharmacoepidemiology — and more broadly, re-uses of data — should be reoriented towards enabling these important safety enhancing activities. Two potential solutions are offered: 1) a dedicated working party on data reuse for health research and 2) the introduction of new, dedicated legislation.
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Guerra Chala, Bárbara, Cíntia Burille, and Lucas Moreschi Paulo. "The Protection of Consumer’s Personal Data and the Electronic Geodiscrimination Practice." Revista da Faculdade de Direito da Universidade Federal de Uberlândia 49, no. 1 (September 7, 2021): 709–31. http://dx.doi.org/10.14393/rfadir-v49n1a2021-62777.
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The purpose of this study is to analyse the General Data Protection Law for the Protection of Personal Data from the perspective of the protection of the consumer's personal data, with a view to ascertaining the main aspects of the legislation and verifying its impacts in relation to geopricing practices and geoblocking. To that effect, it begins by addressing the principles of the new legislation that inform the activity of processing personal data. Right after, the main axes of structuring the law are presented, focusing on aspects that concern the processing of consumer data. Finally, the practices of geodiscrimination will be examined, with the effect of assessing the legal treatment in relation to such techniques and how they may be affected after the entry into force of the General Data Protection Law. For that, the hypothetico-deductive methodology and the bibliographic research technique were adopted. Thus, it is observed that new data protection legislation added to the protection of consumers' rights in relation to the practices of geopricing and geoblocking, insofar as the standard was designed to prevent the disinformation of the personal data holder on the purpose of the treatment of your information and the illegitimate treatment of personal data, as well as covering the possibility of redressing the consumer who holds personal data if he experiences damage.
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Andrusyshyn, Bohdan I., Ievhen V. Bilozorov, Natalia M. Opolska, Liudmyla F. Kupina, and Olha V. Tokarchuk. "Definition and protection of personal data piculiarities." Informatologia 55, no. 1-2 (2022): 136–45. http://dx.doi.org/10.32914/i.55.1-2.11.
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The purpose of the article is to clarify the concept of “personal data” and identify a list of information that can be classified as personal, as well as to develop an algorithm to improve the legal protection of personal data in Ukraine and implementation of the European Court of Human Rights’(ECtHR) decisions into national legislation. The fundamental method of research of this issue is a comparative method. The article, based on the analysis of Ukrainian and European law and the ECtHR practice, presents a list of information that can be classified as personal, as well as proposed procedures for improving the legal mechanism of personal data protection in Ukraine and implementation of decisions ECtHR into national law. The list of data that can be classified as personal is not exhaustive, but will allow both lawyers and ordinary citizens to better navigate within the field of protection of personal rights and provide an opportunity to protect their rights in case of their violation. The legal grounds for the implementation and protection of personal data are identified. Further directions of the system of personal data protection improvement are outlined.
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Hidayatulloh, Muhammad Afif, Rafiqi Anjasmara, and Imaniar Imaniar. "Taiwan Goverments Responsibility For The Provision of Public Facilities Detrimental To The Community." Jurnal Ilmu Sosial Mamangan 8, no. 2 (December 30, 2019): 36–44. http://dx.doi.org/10.22202/mamangan.v8i2.3954.
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This article aims to analyze Taiwan's government accountability for fishermen who are working in the waters of Nanfangao, Taiwan. Jeremy Bentham through his book "Introduction to the morals and legislation" states that legal duty is nurturing goodness and preventing evil, so the law should provide benefits or usability for the crowd (to serve Utili TY). The community as a basic component can sue the government if in other cases raises losses on the management of public facilities and infrastructure. It also relates to the Taiwan government's liability for legal protection, for which the state's responsibility has been regulated in the SCL (State Compensation Law) or the Taiwan State Compensation Act. As for that would be a case study of bridge collapse which is one of the disability management of state-owned public facilities that cause harm to the community in Taiwan. That article 2 SCL describes the country or Government of Taiwan shall be liable for any form of loss, property damage and loss of life arising from the management of the state's public facilities. This is a real example of the application of Taiwan's accountability to public services as a form of legal protection to the public. The concept of the responsibility in Indonesia is governed by article 1365 BW, that personal accountability is caused by individual events and legal acts. There is a comparative study of government and local Government accountability within the scope of administrative law..
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Kamalieva, Liana Aleksandrovna, Irina Alexandrovna Kazakova, Sergey Leonidovich Nikonovich Nikonovich, Vitaly V. Goncharov, and Maya Livson. "Improving information security: criminal-legal means of counteracting digital data leakage." Laplage em Revista 6, Extra-A (December 14, 2020): 222–29. http://dx.doi.org/10.24115/s2446-622020206extra-a657p.222-229.
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The purpose of this work is to assess the ability to resist the leakage of digital data using criminal legal means. The authors examine the extent of the phenomenon in question in the world and in particular in the Russian Federation. Thus, the current criminal legislation and legislation on information protection of the Russian Federation does not have effective mechanisms to counteract leaks of digital information, due to the lack of an independent criminal legal qualification of this act. This circumstance, according to the authors, negatively affects the state of information protection in the Russian Federation. The international experience of countering the leakage of protected information by legal means is studied. The authors develop a terminological apparatus that should be introduced into the norms of criminal law for a clear qualification of the act. Proposals are presented to improve the current criminal legislation and legislation on information protection, which allows for more effective protection of secured digital information by legal means.
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Usprcova, Svetlana. "The State Archives of the Republic of Macedonia: Use of Archival Material and Data Protection Pursuant to the Law on Personal Data Protection and the General Data Protection Regulation." Atlanti 28, no. 2 (November 12, 2018): 91–98. http://dx.doi.org/10.33700/2670-451x.28.2.91-98(2018).
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The aim of this paper is to explain the position of the State Archives of the Republic of Macedonia as guardian of the archival material, which is a subject of use for scientific, academic, administrative, public, publishing, exhibition and other purposes. In the process of use of the archival material, the archivists must be very careful in order to protect confidential, sensitive, legal and other information contained in the archival material, and take some measures in relation to the personal data protection. Herein, the author, also talks about the current Law on personal data protection and the harmonisation of the national law with the European legislation.
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Davydova, Iryna, Olena Bernaz-Lukavetska, and Semen Reznichenko. "Certain aspects of personal data protection in the social network: european experience and legislative regulation in Ukraine." Revista Amazonia Investiga 9, no. 27 (March 21, 2020): 383–90. http://dx.doi.org/10.34069/ai/2020.27.03.42.
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The purpose of this study is to examine some aspects of personal data protection in the social network, a comparative analysis of the protection of personal data in the social network under Ukrainian and European legislation, namely the General Data Protection Regulation of the European Union. The methods used in this work are: dialectical, comparative-legal, formal-logical, analysis and dogmatic interpretation. Each of these methods was used in the study to understand and qualitatively explain to the audience categories the individual aspects of personal data protection on the social network. This article reveals the notion of: personal data in the social network, the features of their collection, storage and protection in accordance with European legislation and the development of proposals aimed at improving these processes in Ukraine. The research also addresses the following issues: Features of managing consent to the processing of personal data that have already been obtained; who can act as an "operator" under EU law and what actions he can take; who can act as "controller" and what functions it performs. The article concludes that there is an urgent need to streamline Ukrainian domestic legislation in line with EU law, which should result in a new law on personal data protection that complies with GDPR norms. As a result, a new law on personal data protection may soon emerge in Ukraine, replacing the outdated Law of Ukraine “On Personal Data Protection” of 01.06.2010, which is a “mirror” of the repealed Directive 95/46/EC of the European Parliament and of the Council.
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Culnane, Chris, and Kobi Leins. "Misconceptions in Privacy Protection and Regulation." Law in Context. A Socio-legal Journal 36, no. 2 (April 16, 2020): 1–12. http://dx.doi.org/10.26826/law-in-context.v36i2.110.
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Privacy protection legislation and policy is heavily dependent on the notion of de-identification. Repeated examples of its failure in real-world use have had little impact on the popularity of its usage in policy and legislation. In this paper we will examine some of the misconceptions that have occurred to attempt to explain why, in spite of all the evidence, we continue to rely on a technique that has been shown not to work, and further, which is purported to protect privacy when it clearly does not. With a particular focus on Australia, we shall look at how misconceptions regarding de-identification are perpetuated. We highlight that continuing to discuss the fiction of de-identified data as a form of privacy actively undermines privacy and privacy norms. Further, we note that ‘de-identification of data’ should not be presented as a form of privacy protection by policy makers, and that greater legislative protections of privacy are urgently needed given the volumes of data being collected, connected and mined.
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de Jong, A. J., B. van Loenen, and J. A. Zevenbergen. "GEOGRAPHIC DATA AS PERSONAL DATA IN FOUR EU MEMBER STATES." ISPRS Annals of Photogrammetry, Remote Sensing and Spatial Information Sciences III-2 (June 2, 2016): 151–57. http://dx.doi.org/10.5194/isprsannals-iii-2-151-2016.
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The EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data aims at harmonising data protection legislation in the European Union. This should promote the free flow of products and services within the EU. This research found a wide variety of interpretations of the application of data protection legislation to geographic data. The variety was found among the different EU Member States, the different stakeholders and the different types of geographic data. In the Netherlands, the Data Protection Authority (DPA) states that panoramic images of streets are considered personal data. While Dutch case law judges that the data protection legislation does not apply if certain features are blurred and no link to an address is provided. The topographic datasets studied in the case studies do not contain personal data, according to the Dutch DPA, while the German DPA and the Belgian DPA judge that topographic maps of a large scale can contain personal data, and impose conditions on the processing of topographic maps. The UK DPA does consider this data outside of the scope of legal definition of personal data. The patchwork of differences in data protection legislation can be harmonised by using a traffic light model. This model focuses on the context in which the processing of the data takes place and has four categories of data: (1) sensitive personal data, (2) personal data, (3), data that can possibly lead to identification, and (4) non-personal data. For some geographic data, for example factual data that does not reveal sensitive information about a person, can be categorised in the third category giving room to opening up data under the INSPIRE Directive.
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de Jong, A. J., B. van Loenen, and J. A. Zevenbergen. "GEOGRAPHIC DATA AS PERSONAL DATA IN FOUR EU MEMBER STATES." ISPRS Annals of Photogrammetry, Remote Sensing and Spatial Information Sciences III-2 (June 2, 2016): 151–57. http://dx.doi.org/10.5194/isprs-annals-iii-2-151-2016.
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The EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data aims at harmonising data protection legislation in the European Union. This should promote the free flow of products and services within the EU. This research found a wide variety of interpretations of the application of data protection legislation to geographic data. The variety was found among the different EU Member States, the different stakeholders and the different types of geographic data. In the Netherlands, the Data Protection Authority (DPA) states that panoramic images of streets are considered personal data. While Dutch case law judges that the data protection legislation does not apply if certain features are blurred and no link to an address is provided. The topographic datasets studied in the case studies do not contain personal data, according to the Dutch DPA, while the German DPA and the Belgian DPA judge that topographic maps of a large scale can contain personal data, and impose conditions on the processing of topographic maps. The UK DPA does consider this data outside of the scope of legal definition of personal data. The patchwork of differences in data protection legislation can be harmonised by using a traffic light model. This model focuses on the context in which the processing of the data takes place and has four categories of data: (1) sensitive personal data, (2) personal data, (3), data that can possibly lead to identification, and (4) non-personal data. For some geographic data, for example factual data that does not reveal sensitive information about a person, can be categorised in the third category giving room to opening up data under the INSPIRE Directive.
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Kim, Won oh. "Preliminary Review for Establishing a Classification System of Data Legislation." LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 13, no. 2 (December 31, 2022): 1–42. http://dx.doi.org/10.34267/cbstl.2022.13.2.1.
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Data law is a new legal field that has emerged as the legal system is internally differentiated in line with the complex and innovative changes of modern society, especially informatization and digital transformation. As a result, unlike the traditional 'Pandekten Law' system in which public law, civil law, and criminal law are clearly distinguished, in the data law, public law and private law, civil law and criminal law, and substantive law and procedural law are not divided, but coexist, centering on data regulatory system. Therefore, efforts are required to establish a classification system for data related laws.
This paper first examines the categories of data law and it’s process of formation and development. Firstly, the essence of data and the definition of data defined in major laws are comprehensively reviewed, and then the rights related to data and common characteristics of data laws are considered based on understanding the theoretical meaning of data laws & regulation. Through this, we search for and categorize laws that can belong to the category of data law, and establish a system. The starting point for the formation of the Data Act is found in the initial unique identification information establishment and management and Information Disclosure Act, such as the Resident Registration Act, and the formation process of legislation for the protection of information and data is also examined. Then, with the advent of legislation in the information age when e-government progressed and data use and utilization laws, we will summarize how the data law system has developed through consideration of the laws of the period when the differentiation of data law occurred in earnest.
Second, a comprehensive look at the legal regulatory system for data.
Firstly, the current status of major data laws will be reviewed based on the traditional classification of public and private law, general law and special law, and the overview of the national data governance system and the differences in the regulatory system by data type will be reviewed.
Third, based on this review, a preliminary review for the classification of data laws will be conducted. Data regulatory system is examined from various angles in terms of protection, promotion, and regulation, and at the same time, it is divided into general law and special law, domestic law and international law, data public law and data private law, and data protection law and data utilization law to ensure the systematicity and consistency of the regulatory system. Let's take a comprehensive look at the classification system that can be improved.
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Moch Najib, Imanullah. "An Analysis on Farmer Rights in International Trade Under Indonesian Law." Technium Social Sciences Journal 8 (May 28, 2020): 200–204. http://dx.doi.org/10.47577/tssj.v8i1.783.
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The aims of this research were to examine the legal protection on the farmer rights in international trade under Indonesian law. The research was important to provide various alternative solutions over the problem of inabilities of farmer to be a subject of international trade and to review whether the Indonesian Government gave legal protection to farmer rights. It was an empirical legal research, which using primary and secondary data. Primary data was collected from the respondents and informants while the secondary ones were taken from primary and secondary legal materials. The validity of data used sources triangulation method while all of data were analysed by analysis of editing style through legal interpretation. The result showed that Indonesian Government through enactment of its legislation has not been providing the legal protection to the farmer rights in international trade optimally. Moreover, this study was expected to contribute in reforming over legislation that regulates the protection of farmer rights.
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Çiftçi, Özge Dirim. "Protection of medical data within the scope of the Law on Protection of Personal Data." Bioethica 8, no. 1 (April 10, 2022): 66–73. http://dx.doi.org/10.12681/bioeth.30544.
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As a result of non-stop developing technology, each corner of our lives become more and more reachable. Although privacy has always been very valuable and modern laws has taken steps to provide security of privacy, nowadays it takes only some seconds to reach the surname, workplace, the address etc of a person; even of a family. Although some may believe sharing information is harmless, from spam emails to obsessive stalking there is not an actual limit of what can be done with wrongly accessed personal data.When having frequent commercial calls from firms or missing your important mails because of the commercials that fill your mail box, we experience that even the slightest privacy violation can be very annoying. However some personal data are exactly what people face discrimination of. In todays world it is common to see people are discriminated due to their religion, sexuality, politic views, past convictions and even due to their health conditions. The results of discriminations may vary from not being included to social life to mobbing at work; in some extreme cases it may even put the persons life at risk by making them a target. Considering the possible risks and the easiness to reach, as technology has been developing constantly, the need for data protection is more visible than ever. This article aims to explain the protection of medical data in Turkish Legislation by focusing on Law on Protection of Personal Data.
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Shaoxue, Jia. "The Administrative Law Protection of Personal Data in China: Issues and Solutions." Administrative law and procedure 12 (December 10, 2020): 64–68. http://dx.doi.org/10.18572/2071-1166-2020-12-64-68.
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Personal data has become an important type of information for Chinese society. The risks and problems of protecting personal data have increased due to the rapid build-up of information. The protection of personal data is not only a sphere of private law, but also part of administrative law in cases where administrative authorities collect, process and use personal data. Administrative legislation is developing rapidly. However, the administrative and legal protection of personal data has even some legal basis, but still faces many difficulties in its implementation. In this regard, it is necessary to establish a special law on the protection of personal data, form a mechanism for strict supervision and improve the legal protection system.
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Katzav, Gilad. "Compartmentalised data protection in South Africa: The right to privacy in the Protection of Personal Information Act." South African Law Journal 139, no. 2 (2022): 432–70. http://dx.doi.org/10.47348/salj/v139/i2a8.
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In European Union (‘EU’) law, the entrenched right to data protection is an independent fundamental right. EU case law has gradually disconnected the right to data protection from the right to a private life. South Africa’s first exclusive data protection legislation, the Protection of Personal Information Act 4 of 2013 (‘POPIA’), is redolent of EU data protection legislation. However, the stated purpose of the POPIA is to give effect to the right to privacy. This article examines whether the laws of data protection can be wholly encapsulated within s 14 of the Constitution. To this end, this article considers two main conceptions of privacy in our law. The first is Neethling’s informational privacy and the reasonable expectation of privacy. The second is Rautenbach’s theory of informational control over personal matters in relation to other rights. On either approach, I argue that the substantive provisions of the POPIA are irreducible to privacy protection alone. Ultimately, framing the POPIA exclusively within the domain of privacy will either (i) unduly restrict legislative interpretation; or (ii) the true meaning of privacy will be diluted, leading to legal uncertainty. To avoid this, I suggest distinguishing between the value of privacy in the POPIA and the actual loss of privacy.
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Lee, Tsung-Ling. "The Rise of Technocracy and the COVID-19 Pandemic in Taiwan: Courts, Human Rights, and the Protection of Vulnerable Populations." German Law Journal 22, no. 6 (September 2021): 1115–32. http://dx.doi.org/10.1017/glj.2021.49.
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AbstractDriven by the need to address the immediate public health threats of the COVID-19 pandemic, this has seen a rise of the technocratic mode of governance around the world. A technocratic approach is evidence-based and relies upon the guidance of experts to respond to the public health crisis. The rise of technocracy reflects a utilitarian calculus that seeks to preserve the greater good. Taiwan’s pandemic response exemplifies the strengths and weaknesses of this type of governance. Based on an analysis of the relevant case law of the Taiwan Constitutional Court, legislation, and political developments this Article takes a legal-historical look and traces the current technocratic approach—defined for this Article as an experts-driven and procedural-driven process—which is a hallmark of Taiwan’s pandemic response. Examining Taiwan’s pandemic response through a human rights lens sheds light on a more complex relationship between the collective right to health and life, and the individual rights to health, work, privacy, and liberty during the pandemic.
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Puksas, Andrius. "INTERACTION BETWEEN BIG DATA AND COMPETITION LAW IN DIGITAL SINGLE MARKET." CBU International Conference Proceedings 4 (September 26, 2016): 597–602. http://dx.doi.org/10.12955/cbup.v4.850.
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Representatives of undertakings are familiar with the importance of carefully handling and protecting personal data. However, this does not lessen the importance of improving legislation regarding data management. Both the content and quantity of information have value and potentially determine the strength of the undertakings that can access such information. This influences the constant growth in demand to improve the legal framework. The consumers and institutions responsible for consumer protection are the main initiators and stakeholders of such demand. The constant growth in the amount of preserved data more sharply raises the questions about data protection. The potential risk raises proposals enabling a competition law in data protection. The article examines such possibility in the light of digital single market. This possibility is analyzed in the light of interaction between the data protection and competition law and covers trends on enabling competition law in data protection. To ensure proper data protection, cooperation among institutions should be encouraged.
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Almusawi, Bassim Jameel. "Criminal Protection of the Family in the Iraqi Legislation." Hasanuddin Law Review 7, no. 1 (April 2, 2021): 21. http://dx.doi.org/10.20956/halrev.v7i1.2167.
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The protection of the family is the basic principle for building a strong society and family protection policy is one of the most significant among the responsibilities of legislations. The current paper reviews the protection of family according to Iraqi legislation and discusses various types of crimes involving children or families according to Iraqi law. In this article doctrinal legal research was adopted and it assessed sources from both primary and secondary data. The research concludes that Iraqi legislation provides correct protection through a number of legal texts organizing the crimes against family. However, it has failed to achieve full criminal protection for the family. There are both theoretical weakness of law and the routine abuse against family in daily practice. The present paper aims to fill a critical gap in our understanding regarding deficient area in Iraqi law while dealing with the rights of members of family and proposes further work to be done so that Iraqi legislator can provide full criminal protection for family.
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Lagutina, I. V. "ELECTRONIC LABOUR BOOKS AND DATA PROTECTION." Наукові праці Національного університету “Одеська юридична академія” 28, no. 29 (January 26, 2022): 129–35. http://dx.doi.org/10.32837/npnuola.v28i29.725.
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Lagutina I. V. Electronic labour book and data protection. – Article. The article considers the protection of personal data as a modern and active law that provides a system of checks and balances to protect the individual if his personal data is processed. Data processing must meet the basic requirements of personal data protection, namely independent control and respect for the rights of the personal data subject. The development of legislation on personal data protection has been marked by a significant expansion of the rights of their subjects and the legal regulation of all transactions with information from collection to destruction. With the adoption of the Law of Ukraine “On Personal Data Protection” of June 1, 2010, a regulatory framework for the protection of personal data in national legal practice was created. It is emphasized that the right to protection of personal data is not absolute; it may be restricted as necessary to satisfy the general interest or to protect the rights and freedoms of others. The right to data protection is often interlinked with other rights, such as freedom of expression and the right to receive and impart information. Any type of information can be personal data, provided that the information relates to an identified person or a person who can be identified. Personal data are processed legally if they meet one of the following criteria: processing is carried out with the consent of the personal data subject; data processing is required by contractual relationship; data processing is necessary for the controller to comply with a legal obligation; data processing is required to comply with the vital interests of personal data subjects or others; data processing is necessary to perform the task in the public interest; the legitimate interests of the controllers or other persons are the basis for processing, but only if they are not outweighed by the interests or fundamental rights of the data subjects. It is necessary to develop a sectoral mechanism for the protection of personal data of employees under labour legislation of Ukraine, as the Law of Ukraine “On Personal Data Protection” does not take into account the peculiarities of personal data protection of employees as subjects of labour relations.
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Saragih, Yasmirah Mandasari, Dahris Siregar, Arianus Halawa, Adilman Reliance Lawolo, Arianto Lase, Ardiman Waruwu, Heronimus Halawa, and Yuniel Putra Hulu. "Legal Protection for Consumers in the Implementation of Electronic Trading Contracts." International Journal of Community Service (IJCS) 1, no. 2 (December 15, 2022): 214–23. http://dx.doi.org/10.55299/ijcs.v1i2.258.
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Destination from study this for knowing like what procedure transact sell buy in maintenance system electronic through online application and aim also for knowing like what analysis protection law moment maintenance transaction sell buy via the internet. Method approach taken is method approach normative juridical emphasis on aspect regulation source legislation the data from the secondary data it consists of from ingredient primary laws , materials law secondary and ingredient law tertiary with method data collection with through method studies library (library research ). Data analysis was performed start from hierarchy regulation legislation and opinion para expert . Results study this form how procedure transaction electronic through application topedia , open lapak , shoppe and so on . Source law contract electronics , rights and obligation perpetrator effort and buyers , developments transaction electronic as well as settlement dispute .
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Parks, Andrew. "Unfair Collection: Reclaiming Control of Publicly Available Personal Information from Data Scrapers." Michigan Law Review, no. 120.5 (2022): 913. http://dx.doi.org/10.36644/mlr.120.5.unfair.
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Rising enthusiasm for consumer data protection in the United States has resulted in several states advancing legislation to protect the privacy of their residents’ personal information. But even the newly enacted California Privacy Rights Act (CPRA)—the most comprehensive data privacy law in the country— leaves a wide-open gap for internet data scrapers to extract, share, and monetize consumers’ personal information while circumventing regulation. Allowing scrapers to evade privacy regulations comes with potentially disastrous consequences for individuals and society at large. This Note argues that even publicly available personal information should be protected from bulk collection and misappropriation by data scrapers. California should reform its privacy legislation to align with the European Union’s General Data Privacy Regulation (GDPR), which requires data scrapers to provide notice to data subjects upon the collection of their personal information regardless of its public availability. This reform could lay the groundwork for future legislation at the federal level.
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Parks, Andrew. "Unfair Collection: Reclaiming Control of Publicly Available Personal Information from Data Scrapers." Michigan Law Review, no. 120.5 (2022): 913. http://dx.doi.org/10.36644/mlr.120.5.unfair.
Full textAbstract:
Rising enthusiasm for consumer data protection in the United States has resulted in several states advancing legislation to protect the privacy of their residents’ personal information. But even the newly enacted California Privacy Rights Act (CPRA)—the most comprehensive data privacy law in the country— leaves a wide-open gap for internet data scrapers to extract, share, and monetize consumers’ personal information while circumventing regulation. Allowing scrapers to evade privacy regulations comes with potentially disastrous consequences for individuals and society at large. This Note argues that even publicly available personal information should be protected from bulk collection and misappropriation by data scrapers. California should reform its privacy legislation to align with the European Union’s General Data Privacy Regulation (GDPR), which requires data scrapers to provide notice to data subjects upon the collection of their personal information regardless of its public availability. This reform could lay the groundwork for future legislation at the federal level.
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Suydam, Steven, Bryan A. Liang, Storm Anderson, and Matthew B. Weinger. "Patient Safety Data Sharing and Protection From Legal Discovery." Journal of Medical Regulation 93, no. 2 (June 1, 2007): 19–25. http://dx.doi.org/10.30770/2572-1852-93.2.19.
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ABSTRACT The Institute of Medicine report, To Err Is Human, recommended that collaborative networks of health care organizations should exchange information regarding medical errors to prevent the same errors from being repeated. Another recommendation, that Congress enact legislation protecting such exchanged information from legal discovery, has not occurred. Even if such legislation does pass, it may conflict with existing federal discovery requirements. Nevertheless, existing state and federal law may offer some protection. The most promising source of existing protection for all members of patient safety collaboratives is 42 U.S.C. §299c-3(c), which extends protection to data collection sponsored by the Agency for Healthcare Research and Quality (AHRQ). The Department of Health and Human Services’ confidentiality certificates and state peer review protection laws may offer little if any protection. However, with AHRQ sponsorship and the proper structure, health care organizations may be able to safely exchange information with one another without fear of liability or disclosure of sensitive information.
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Spalević, Žaklina, and Kosana Vićentijević. "GDPR and challenges of personal data protection." European Journal of Applied Economics 19, no. 1 (2022): 55–65. http://dx.doi.org/10.5937/ejae19-36596.
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This paper discusses the challenges of implementing GDPR regulation in the EU and the Republic of Serbia. The regulations governing the issue of personal data protection are outlined. Emphasis is placed on reconciling this issue in the Republic of Serbia with EU legislation. The aim of this paper is to look at GDPR regulations from several standpoints of the business of taxpayers. It is necessary to include all segments of a business entity in the implementation of this regulation, as well as bodies at the national level. It is necessary to adopt by-laws in order to fully implement the Law on Personal Data Protection in the Republic of Serbia.
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Heđbeli, Živana. "New Archival Legislation: the Witch Hunt." Atlanti 28, no. 2 (November 12, 2018): 13–24. http://dx.doi.org/10.33700/2670-451x.28.2.13-24(2018).
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General Data Protection Regulation (GDPR) (EU) 2016/679 entered in force in Croatia on May 25, 2018. General Data Protection Regulation regulations still have to be applied. On June 29, 2018 the Croatian Parliament has proclaimed Law on Archives and Archival Records. Personal data of the persons that filled public posts and were members or collaborate of the security services till the May 30, 1990 are accessible without any restrictions regarding the part on performing duties or services. In Croatia there is no person that has been subject to trial only because he/she filled public posts and was members or collaborates of the security services during the socialism. There is no law that will make such trials possible. There are no official registers, released by the competent bodies, which list public officers, members or collaborates of the security service till the May 30, 1990. The unavoidable question arises regarding what criteria archivist should use to determine these persons, where to find relevant data. Why a task that is not and should not be competence of an archive is enforced on archives.
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Rouvinsky, Roman Z. "Social credit mechanisms and modern standards of legal protection of personal data: correspondence problems." Юридические исследования, no. 9 (September 2021): 174–89. http://dx.doi.org/10.25136/2409-7136.2021.9.36520.
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The subject of this article is the problem of correspondence of the practices of digital profiling and social score, which imply collection and analysis of biographical (reputational) information, to the worldwide-accepted standards of protection of personal data and privacy. Analysis is conducted on the legislation of the People's Republic of China – the country that in recent years has implemented the “Social Credit System” in the sphere of public administration. This project consists of management practices, which are viewed through the prism of the legal model of personal data protection formed by the Law in Protection of Personal Information adopted in 2021. The peculiarity of this research is its comparative legal nature: the provisions of China’s legislation are juxtaposed to the provisions of the General Data Protection Regulation adopted in the European Union and Russia’s Federal Law “On Personal Data”. Assessment is given to the European and Russian models of regulation of operations with personal data in the context of possible implementation of digital profiling practices, social score (ranking, grading), and automated law enforcement decision-making. Having determined the gaps in the current Russian and EU legislation on personal data, and indicating the risk caused by the presence of blanket rules, the conclusion is made according to which the modern legislation on personal data can be an obstacle for arbitrary use of such data; however, it cannot stop the implementation of innovative technologies, mechanisms and practices that suggest using registry and biographical information of individuals for the purpose of social control into the public administration.
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Li, Siyue, and Chunyu Kit. "Legislative discourse of digital governance: a corpus-driven comparative study of laws in the European Union and China." International Journal of Legal Discourse 6, no. 2 (November 25, 2021): 349–79. http://dx.doi.org/10.1515/ijld-2021-2059.
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Abstract Based on the self-compiled corpora of the European Union and Chinese laws on data governance, this study adopts a corpus-driven approach to comparatively study the legislative design of the EU and China on digital governance, especially on key issues such as data protection, data processing and utilization, and cross-border data transfer. It is found through corpus analysis that the EU has developed a relatively comprehensive data protection system, which internally focuses on the protection of individual data rights and externally sets high standards on the cross-border transfer of data. Despite the data protection paradigm as it manifests, the EU is facing new challenges on data exportation, data jurisdiction in the competitive digital marketplace. Shared the same concern on the data protection legislation, Chinese data law has made significant progress in personal data protection with the nascent enactment of Data Security Law and Personal Data Protection Law. Notably, Chinese legislation features the hierarchal taxonomy of data under the principle of the national security exception, while it requires more legislative skills, flexible response mechanisms, and more subordinate laws to prevent future data security threats. Moreover, the corpus-driven method conducted in this study provides evidential insights for the comparative legal textual studies across jurisdictions.
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Zębek, Elżbieta. "Humane Legal Protection of Homeless Animals." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 265–76. http://dx.doi.org/10.17951/sil.2021.30.3.265-276.
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Animal rights at the international level have been defined in the Universal Declaration on Animal Welfare, which has become a guiding principle for many EU countries in shaping animal protection legislation. The subject of this article is the humane protection of homeless animals, which is the responsibility of the municipality in terms of maintaining cleanliness and order. The study assumes that by carrying out tasks regarding the protection of animals from homelessness, municipalities contribute to the effective protection of animals by providing them with appropriate care. The analysis found that the provisions of the Universal Declaration on Animal Welfare have been fully incorporated into Polish legislation. However, the effectiveness of the provisions on the protection of homeless animals executed by municipalities is not entirely satisfactory as evidenced by the post-inspection data and selected jurisprudence. In order to improve this state of affairs, the following de lege ferenda postulates were formulated, which in part are also guidelines of the Supreme Audit Office extending the catalog of activities in municipal homeless animal protection programs, introducing the requirement to inspect animal shelters by municipalities, changing the location requirements of animal shelters and also clarifying sanitary requirements concerning the conditions in which animals live in to improve their welfare. The above changes in legislation may contribute to more efficient humane protection of homeless animals in Poland and may serve as an example for other EU countries.
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Sembiring, Rosnidar, and Journal Manager APHA. "Recognition and Legal Protection of Customary Law Society over Land." Journal of Indonesian Adat Law (JIAL) 1, no. 1 (October 15, 2020): 199–222. http://dx.doi.org/10.46816/jial.v1i1.21.
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This paper aims at determining the recognition and legal protection of indigenous and tribal peoples on land and natural resources in the perspective of legislation. It uses normative research with literature identification approach, legislation such as Law Number 5 of 1960 on the Basic Regulations of Agrarian Principles (BRAP), and other laws and relevant regulations to this research. The data collected from primary, secondary and tertiary legal materials are analyzed qualitatively, systematically arranged and presented descriptively. Basically the recognition and legal protection of indigenous and tribal peoples has been determined in Article 3 of the BRAP and Article 18 B paragraph (1) of the 1945 Constitution and other sect oral laws and regulations, it is just that there is no synchronization or harmonization between various sectoral laws and regulations governing the recognition and protection of the rights of indigenous peoples.
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Kranenborg, Herke. "Access to documents and data protection in the European Union: On the public nature of personal data." Common Market Law Review 45, Issue 4 (August 1, 2008): 1079–114. http://dx.doi.org/10.54648/cola2008072.
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If one of the EU Institutions is asked by a citizen to disclose a document which contains personal data, a difficult and sensitive situation can arise. The person asking for the information invokes his or her right of access to documents, while the Institution is obliged to respect the right to data protection of the person to whom the information in the document relates. Two fundamental rights can lead to opposing claims. How this collision can be solved is the focus of this article. It appears that the current legislation in which the right to public access to documents (Regulation 1049/2001) and the right to data protection (Regulation 45/2001) are elaborated does not sufficiently address this possible collision. Although in November 2007 the Court of First Instance has clarified the legal framework to a certain extent, in the judgment in the so-called Bavarian Lager case, questions still remain. It is therefore argued that the legislation should be changed in this respect. Inspired by examples from national legislation and case law from the European Court of Justice as well as the European Court of Human Rights a concrete proposal is developed, which is timely since the Regulation on access to documents is currently under revision.
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Bologna, Silvio, Alessandro Bellavista, Pietro Paolo Corso, and Gianluca Zangara. "Electronic Health Record in Italy and Personal Data Protection." European Journal of Health Law 23, no. 3 (June 14, 2016): 265–77. http://dx.doi.org/10.1163/15718093-12341403.
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The present article deals with the Italian Electronic Health Record (hereinafter ehr), recently introduced by Act 221/2012, with a specific focus on personal data protection. Privacy issues — e.g., informed consent, data processing, patients’ rights and minors’ will — are discussed within the framework of recent e-Health legislation, national Data Protection Code, the related Data Protection Authority pronouncements and eu law. The paper is aimed at discussing the problems arising from a complex, fragmentary and sometimes uncertain legal framework on e-Health.
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Alvat, Pradikta Andi. "Politics Of Law Human Rights Protection In Indonesia." Jurnal Daulat Hukum 2, no. 4 (March 28, 2020): 513. http://dx.doi.org/10.30659/jdh.v2i4.8354.
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This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.
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Efroni, Zohar. "Gaps and opportunities: The rudimentary protection for “data-paying consumers” under new EU consumer protection law." Common Market Law Review 57, Issue 3 (May 1, 2020): 799–830. http://dx.doi.org/10.54648/cola2020693.
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Recent adjustments to consumer protection law have played a significant role in the strategic steps taken by the EU in attempts to adapt EU law to the digital economy and to the rising importance of data and data markets. The Directive on certain contractual aspects concerning the provision of digital goods and digital services stands out in its unequivocal recognition of business models that rely on data as contractual counter-performance and of the need to protect (also) consumers who “pay” with data instead of money. This article analyses the novel provisions of the Directive and assesses its impact specifically on data-paying consumers within the broader context of recent EU legislation in the area of consumer protection and data protection. The article identifies some gaps in the legislative scheme and possible opportunities for domestic laws and courts to fill these gaps for granting effective protection to such consumers.
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Poladov, Araz. "Data protection rules in the united states legal system." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 481–84. http://dx.doi.org/10.36695/2219-5521.2.2020.94.
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Purpose of research: define the general characteristics of the protection of personal data; analysis of legislation and case law.Methods of research: analysis and study of regulatory documents containing provisions on protection of personal data.Results: normative and practical importance of personal data protection provisions in various legal acts has been underscored.The right to privacy strengthened its position in the United States in the late 19th century and is now recognized by most States.Although the right to privacy in the United States was originally a British political legacy, judicial decisions in England were more conservativeand cautious than those of U.S. courts. One of the important features of this law in the Anglo-Saxon legal system is that itwas previously formed by judicial precedents and legal doctrine. Also, the right to privacy was not among the rights provided for in theBill of Rights. In general, there is an industry-wide approach to data privacy in the United States. There is no specific federal law thatwould guarantee the confidentiality and protection of personal data. Instead, legislation at the federal level is dispersed and aims to protectdata in certain sectors. Judicial practice and court decisions taken at different times play an important role in regulating personaldata protection in the United States. It is also worth mentioning that until the 1970s, decisions of the U.S. courts did not provide thenecessary privacy protection safeguards.Discussion: offering a comprehensive and detailed study and use of this practice in other states.
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Ferretti, Federico. "Data protection and the legitimate interest of data controllers: Much ado about nothing or the winter of rights?" Common Market Law Review 51, Issue 3 (June 1, 2014): 843–68. http://dx.doi.org/10.54648/cola2014063.
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EU data protection law is in a process of reform to meet the challenges of the modern economy and rapid technological developments. This study analyses the legitimate interest of data controllers as a legal basis for processing personal data under both the current data protection legislation and its proposed reform. The relevant provision expands the scope of lawful processing, but is formulated ambiguously, creating legal uncertainty and loopholes in the law. The new proposed regime does not resolve the problem. Taking a "rights" perspective, the paper aims to show that the provision should be narrowly interpreted in light of the ECJ case law, and to give effect to the Charter of Fundamental Rights; a rephrasing of the norm is desirable. The provision on the legitimate interest of data controllers weakens the legal protection of data subjects.