Journal articles on the topic 'Firearms – Law and legislation – Data processing'
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Ravnyushkin, A. V. "The Legal Issues of Firearms Trafficking in the United States of America." Siberian Law Review 19, no. 4 (January 8, 2023): 356–73. http://dx.doi.org/10.19073/2658-7602-2022-19-4-356-373.
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Relevance and subject of research. The circulation of firearms as a source of increased danger is subject to legal regulation and control in the Russian Federation. The use of weapons by police officers is no exception. The norms of the Federal Law of February 7, 2011 No. 3-FZ “About the Police” (hereinafter referred to as the Law “About the Police”) refer to the achievements of domestic administrative science as a result of the work of specialists. In systemic connection with the norms of criminal law, they regulate the conditions and limits for the use of coercive measures by police officers, including firearms. The fundamental ideas of the activities of the Russian police have successfully cooperated with the norms of international law. On the contrary, in the socalled “leading” democratic state – the United States of America, such cooperation does not look well-coordinated, which the Author substantiates when studying the origins of the right of citizens of this state to own firearms, the regulatory regulation of the circulation of weapons in the United States, the negative consequences of this regulation (based on research by American scientists and statistical data), the activities of the US police to counter armed attacks and its legal regulation. One of the US attempts to comply with international law in this area is analyzed, namely the adopted new policy of the US Customs and Border Protection on the use of force, including firearms.The purpose of the study is to determine the state of legal regulation of the circulation of civilian firearms in the United States, the use of these weapons as a coercive measure by police officers in order to identify its positive aspects, in the presence of which the decision on the possibility / impossibility of their introduction into Russian legislation. This led to the setting of the following tasks: to study the constitutional foundations of the right to own firearms by US citizens (historical aspect); to determine the current state of legal regulation of civilian circulation of firearms in the United States and its consequences; analyze the activities of the US police to counter armed attacks and its legal regulation, evaluate them and determine the prospects for their improvement; identify the provisions of American legislation that are of scientific interest, and the possibility / impossibility of their implementation in Russian legislation.The methodological basis of the study was a dialectical approach to the scientific knowledge of social relations associated with the circulation of firearms, the implementation of their state regulation, analysis and synthesis of the results obtained during the study, which made it possible to formulate and substantiate the conclusions. Among the special methods used in the study are the method of studying normative legal acts and documents, the empirical method, the method of processing and analyzing data, and their generalization. Findings. The study shows that the constitutional foundations for the right to own firearms by US citizens developed simultaneously with the emergence of statehood: first in individual states, and then in the very union of these states formed into a single US government. The existing multi-layered legal framework for regulating the circulation of firearms has created a wide range of owners with a relatively simple system of access, which negatively affects the criminal environment, in which armed attacks with mass casualties are of high importance. Cases of armed attacks and other negative illegal acts to a certain extent influenced the processes of militarization of the police, the creation and strengthening of special operations units, the adoption by the police of various types of military equipment, weapons and special means. Detailed legal regulation of the use of lethal force by the police is developing belatedly. The 2014 adoption of the U.S. Customs and Border Protection Manual did not prompt other law enforcement agencies to adopt similar rules, indicating the fragmentation of U.S. law enforcement. The U.S. Customs and Border Protection Guidelines on the use of force is of particular scientific interest, and after its careful analysis, it is possible to introduce certain provisions into the legal regulation of the activities of the Russian police, especially the use of lethal force. The fundamental ideas of police activity developed in Russia can be recognized as certain guidelines for the development of the American police. The relatively small number of firearm owners in Russia and the high requirements for the circulation of firearms are a deterrent to the negative developments taking place in the United States.
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Kapusta, Nestor D., Elmar Etzersdorfer, Christoph Krall, and Gernot Sonneck. "Firearm legislation reform in the European Union: impact on firearm availability, firearm suicide and homicide rates in Austria." British Journal of Psychiatry 191, no. 3 (September 2007): 253–57. http://dx.doi.org/10.1192/bjp.bp.106.032862.
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BackgroundThe availability of firearms in homes and at aggregate levels is a risk factor for suicide and homicide. One method of reducing access to suicidal means is the restriction of firearm availability through more stringent legislation.AimsTo evaluate the impact of firearm legislation reform on firearm suicides and homicides as well as on the availability of firearms in Austria.MethodOfficial statistics on suicides, firearm homicides and firearm licences issued from 1985 to 2005 were examined. To assess the effect of the new firearm law, enacted in 1997, linear regression and Poisson regressions were performed using data from before and after the law reform.ResultsThe rate of firearm suicides among some age groups, percentage of firearm suicides, as well as the rate of firearm homicides and the rate of firearm licences, significantly decreased after a more stringent firearm law had been implemented.ConclusionsOur findings provide evidence that the introduction of restrictive firearm legislation effectively reduced the rates of firearm suicide and homicide. The decline in firearm-related deaths seems to have been mediated by the legal restriction of firearm availability. Restrictive firearm legislation should be an integral part of national suicide prevention programmes in countries with high firearm suicide rates.
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ADEKOLA Nurudeen Olanrewaju, ZAMANI Andrew, Shittu Hakeem Babatunde, CHONGS Wan Mantu, and ADAMA Ahmed Mohammed. "Influence of weak legislation and non-state armed actors on arms proliferation: Evidence from terrorism in Nigeria." World Journal of Advanced Research and Reviews 16, no. 1 (October 30, 2022): 613–21. http://dx.doi.org/10.30574/wjarr.2022.16.1.1059.
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With an aggressive illicit transnational trade along a vastly porous borderline in the North East region of Nigeria, a country not at war but highly militarized with overstretched security agencies, an outdated over six decades Firearms law and a vulnerable civilian populace seeking firearms in self-protection or otherwise; are all the tones needed for proliferations of small arms and Light weapons. It was against this background that this study leverages on State fragility theory to investigate the influence of weak legislation and prevalence of armed non state actors on arms proliferation and terrorism in Nigeria. The study engaged weak legislation and civilian acquisitions of arms to measure influence of proliferation of small arms and light weapon on terrorism in Nigeria. This study employs exploratory research design; by using content analysis of publicly available archive documents. The study relies solely on secondary data. The research is conducted by examining literature concerning arms proliferation and terrorism in Nigeria. The literature was obtained through searches in publicly available material. Literature from non-serial publications, official reports, and conferences has been included particularly if they have been cited by other references in connection with terrorism and arms proliferation. The study submitted that small and light weapons proliferations are extensively aggravated by weak legislation and the prevalence of armed non state actors in Nigeria. Based on these findings, the study concludes that government commitment to combat arms proliferation can only be taken serious when the existing 1959 firearms legislation is revamped and internationalized while it will take only good governance to stem the prevalence of armed non state actors. The study recommends that Federal and State Government should evolve a modern firearm law to give the outdated firearm legislation the needed bites. Lastly, the study recommends that the newly established National Centre for the Control of Small Arms and light Weapons should quickly evolve a database and tracking capability to ease the fight against arms proliferation
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Kursaev, Alexander V. "The facets of lawful and criminally punishable use of physical force, special means and firearms by police officers (based on the materials of judicial practice)." Current Issues of the State and Law, no. 3 (2022): 349–61. http://dx.doi.org/10.20310/2587-9340-2022-6-3-349-361.
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This study is devoted to the qualification of cases of the use of physical force, special means and firearms by police officers. The goal is to explore the facets of the lawful and criminally punishable use of physical force, special means and firearms by police officers (based on judicial practice). Tasks – to study the norms of legislation on the use of physical force, special means and firearms by police officers, to analyze typical qualification errors in assessing the actions of police officers. Attention is drawn to the fact that the assessment of the legitimacy of the actions of police officers is important not only for qualifying their actions, but also for the behavior of persons against whom these coercive measures were applied, regarding the presence in their actions of signs of a crime under Article 318 of the Criminal Code of the Russian Federation. It is concluded that such law enforcement errors lead to the fact that employees of the internal affairs bodies use firearms only in the most extreme cases, often only when there is an immediate threat to the life and health of the employees themselves. This situation is explained by the unwillingness of the policeman to be accused of illegal use of weapons. The relevance of the issue follows from the data of sociological surveys: it is emphasized that in the criminal law assessment of the use of physical force, special means and firearms by police officers, their compliance with the provisions of the Federal Law of February 7, 2011 no. 3-FZ “On the Police”. The problem of the practical application of the Federal Law of February 7, 2011 no. 3-FZ “On the Police” and the Criminal Code of the Russian Federation is those cases where the provisions of the Federal Law of February 7, 2011 no. 3-FZ “On the Police” restrict the rights of police officers to use physical force, special means and firearms, while it is necessary and recognized as lawful based on the provisions of the Criminal Code of the Russian Federation.
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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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Alonso, Patricia Dominguez. "Incorporation Of Community Law To The Spanish Public Sector Procurement Law Of 2007." Review of Business Information Systems (RBIS) 15, no. 5 (September 28, 2011): 87–90. http://dx.doi.org/10.19030/rbis.v15i5.6023.
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The work carries out an analysis of the aims of the new Spanish law regarding Public Sector Contracts, which go beyond the necessary measures required in order to incorporate Directive 2004/18, as well as the major reforms introduced by the new legislation. The change of perspective which European Community law had imposed for many years in this sector and the modest introduction of electronic media, data processing and data transmission in recruitment procedures.
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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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James, Bradford, Bertha Ben Khallouq, and Hubert Swana. "Child access prevention legislative language and pediatric firearm injury rates." World Journal of Pediatric Surgery 4, no. 4 (September 2021): e000223. http://dx.doi.org/10.1136/wjps-2020-000223.
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BackgroudFirearm injuries are a significant public health problem facing young people in the USA. In 2015, a total of 16 878 people under 19 years old were injured or killed by firearms. To reduce firearm injuries, 29 states and Washington, DC have enacted child access prevention (CAP) legislation. CAP legislation is intended to reduce the likelihood of a minor obtaining a weapon and subsequent injury or death. This study evaluates the impact of CAP legislation based on language of the legislation, specifically it evaluates a relationship of the legal threshold of liability and the number of firearm injuries per capita of minors.MethodsData were collected from the Web-based Injury Statistics Query and Reporting System for patients less than 19 years of age who presented to emergency departments with firearm injuries in 2016. The Giffords Law Center classification was used to group states into three categories (strong/weak/no CAP) based on CAP language. Differences of firearm-related injury rates per capita were assessed.ResultsWhen controlling for population, states with CAP legislation had a 22% decrease in firearm injuries per capita compared with states without CAP legislation. States with ‘strong’ CAP legislation had a 41% decrease in firearm injuries per capita compared with states with ‘weak’ or no CAP legislation when controlling for population.ConclusionsStates with ‘strong’ CAP legislation had lower pediatric firearm injury rates per capita, but more complete data and further studies are needed to evaluate this relationship as well as other factors that may impact firearm injury rates.
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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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Munandar, Evan, Suhaimi Suhaimi, and Muhammad Adli. "Penanggulangan Tindak Pidana Kepemilikan Dan Penggunaan Senjata Api Tanpa Izin Dalam Sistem Peradilan Pidana." Syiah Kuala Law Journal 2, no. 3 (November 30, 2018): 338–53. http://dx.doi.org/10.24815/sklj.v2i3.11763.
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Pasal 1 ayat (1) dan ayat (2) Undang-Undang Darurat Nomor 12 Tahun 1951, menyatakan bahwa “Barang siapa, yang tanpa hak memasukkan ke Indonesia membuat, menerima, mencoba memperoleh, menyerahkan atau mencoba menyerahkan, menguasai, membawa, mempunyai persediaan padanya atau mempunyai dalam miliknya, menyimpan, mengangkut, menyembunyikan, mempergunakan, atau mengeluarkan dari Indonesia sesuatu senjata api, amunisi atau sesuatu bahan peledak, dihukum dengan hukuman mati atau hukuman penjara seumur hidup atau hukuman penjara sementara setinggi-tingginya dua puluh tahun. Namun pada kenyataannya di Wilayah Hukum Pengadilan Negeri Jantho masih terjadi tindak pidana penggunaan senjata api tanpa izin. Penelitian ini bertujuan untuk menganalisis faktor penyebab terjadinya tindak pidana kepemilikan dan penggunaan senjata api tanpa izin, upaya penanggulangan dan hambatan dalam penanggulangan tindak pidana tersebut. Jenis penelitian hukum dan pendekatan yuridis empiris, dengan teknik pengumpulan data melalui penelitian kepustakaan untuk memperoleh data sekunder dan penelitian lapangan untuk memperoleh data primer. Analisis data dengan metode kualitatif. Berdasarkan hasil penelitian diketahui bahwa faktor penyebab terjadinya tindak pidana kepemilikan dan penggunaan senjata api tanpa izin di wilayah hukum Pengadilan Negeri Jantho karena tujuan membela diri, alat untuk mencari nafkah, melaksanakan tugas sebagai anggota GAM. Upaya penanggulangan dilakukan secara preventif dan represif. Hambatan yang dihadapi kurangnya pengawasan oleh kepolisian maksimal.On the paragraph 1 article 1 and 2 of the emergency legislation no 12 of 1951, it was mentioned that “whoever, without permission producing, accepting, trying to attain, giving, trying to give, controlling, carrying, having, keeping, taking, hiding, using, or taking out the firearm, ammunition, or dynamite in Indonesia will be punished capital punishment, life imprisonment, or twenty years imprisoned punishment”. However, in the reality, in Jantho Jurisdiction region, there are still many of criminal act related to the unauthorized use of firearms. It was caused of the security factor in the living area and the lack of knowledge factor on unauthorized ownership of the firearms. This research aims to describe and analyze the causal factor of the criminal act on the unauthorized firearms in the jurisdiction region of Jantho and the effort made to overcome the criminal act of unauthorized ownership and use of firearm. This research is a type of law research, empirical juridical research, or sociology law research, with the technique of data collection conducted through library research to attain the secondary research and field research to attain the primary data. The technique of data analysis used in this research is qualitative. This method is used to easily to understand the causes observed and to connect the problem discussed. Based on the research result, it was revealed that the causal factor of the criminal act on the unauthorized gun ownership in the law area of Jantho court are: self-defense factor, earning money, the responsibility as an Aceh Free Movement member, the preparation to did other criminal act. The effort made to overcome the criminal act of unauthorized gun use by regularly giving the law and police raid. The repressive efforts made are by investigating, sue the perpetrators of criminal act on unauthorized gun use to the court based on the legislation, and deciding the criminal decision to the perpetrators by the judge.
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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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Nikolaeva, T. G., and E. V. Nechaeva. "School shootings: criminal law investigation." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 4 (2022): 36–44. http://dx.doi.org/10.18323/2220-7457-2022-4-36-44.
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The problem of adolescent violence and the cases of violence in the school environment associated with the mortality are of the high-degree urgency and cause a wide public outcry. Mass murders involving firearms, when an attack is committed by the students and the victims are students or school staff, are of particular concern. An important factor influencing the spread of school shooting in Russia is the growth of availability and popularization of social networks among young people. However, the problem is not only in the common availability of the information about the ways of committing the crimes, but in the fact that for many adolescents, such acts of massacre become a way of solution to conflicts with classmates and teachers. The paper reveals the concept of school shooting and specifies its characteristic features. The authors consider school shooting both as a negative social phenomenon and socially-dangerous act violating the norms of criminal law. Based on the study of the most famous cases of armed attacks on educational institutions of Russia and the official statistics data, the authors analyzed their reasons and the specific responsibility measures applied to attackers. As the priority directions of school shooting counteraction, the authors name the restriction of arms in circulation, the improvement of safety in social networks, and the improvement of criminal legislation. Special significance in the struggle with this phenomenon, the authors give to early recognition of forthcoming attacks on educational institutions, especially preventing bullying among the students.
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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.
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Dolzhikova, Anna E., Bakitkul R. Sembekova, and Melikşah Yasin. "Regulation of the use of big data in the Republic of Korea and Russia." Vestnik of Saint Petersburg University. Law 13, no. 1 (2022): 246–56. http://dx.doi.org/10.21638/spbu14.2022.114.
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Modern innovations driven by big data processing technologies are increasingly in conflict with international principles for protecting personal information and call into question the effectiveness and adequacy of existing legal mechanisms for protecting confidentiality of personal information. The relevance of the problem under study is due to the insufficient development of theoretical and methodological aspects of legal regulation of big data in the Russian Federation and the need to implement positive foreign experiences for building a mechanism for legal regulation of this institution. The purpose of the essay is to study the positive experience of legal regulation of the use of big data in the Republic of Korea for its implementation in Russian legislation. The leading method for studying this problem is a comparative legal one, which allows the authors to formulate proposals for improving domestic legislation. The study led to the following conclusion. The main area for improvement the legal regulation of the processes of using big data are: the right of users to access their data and check the activities of companies with them, the right to stop using and further delete data, the right to change data, the right to data portability. The study revealed that the Korean experience shows the need to expand the processing and use of personal data, which in turn contributes to the wider use of big data. The study will allow, based on foreign experience, to create an effective Russian system of legal regulation of big data. The novelty and originality of the study lies in the fact that it was the first to study the experience of the legislator of the Republic of Korea in this area.
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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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Žuľová, Jana, and Marek Švec. "Assessment of Legality of Anti-Terrorist Screening of Job Seekers Under EU Law and National Law. A Theoretical and Practical Approach." DANUBE 12, no. 4 (December 1, 2021): 293–307. http://dx.doi.org/10.2478/danb-2021-0019.
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Abstract The aim of the scientific paper is to identify employer’s options when engaging in anti-terrorist screening of future employees and to assess the compliance of such a procedure with the relevant European and national legislation. Through the use of qualitative scientific methods such as the analytical-descriptive method, comparison, critical analysis, induction, deduction, and synthesis of the acquired knowledge, the authors draw attention to a different approach to choosing appropriate legal bases for processing relevant information about employees, including different approach to labour law and the personal data protection law. The analysis of the principle of legality of personal data processing in the framework of anti-terrorist screening of job seekers takes into account a specific position of the job seeker as a weaker party to the prospective employment agreement.
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Mikhailov, M. A., and T. A. Kokodey. "Digital innovation and human rights: dilemmas in international law enforcement practice." Law Enforcement Review 6, no. 3 (September 18, 2022): 120–33. http://dx.doi.org/10.52468/2542-1514.2022.6(3).120-133.
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The subject of the study is the legal nature of personal data, as well as a set of legal norms governing relations in the field of their processing and circulation in the Russian Federation and foreign countries. The article uses a comparative method, a system analysis method, as well as a forecasting method.The purpose of the article is to confirm or refute the hypotheses about the further strengthening of the contradictions between the emergence and implementation of new technologies for processing personal data versus ensuring the protection of human rights, as well as the expediency and possibility of using foreign legislative experience in domestic practice to counter these threats and reduce the risks arising from this and damage.Main results, scope. The article examines the legislative experience of legal regulation of the types, scope, and nature of personal data in the People's Republic of China, the United States of America, the Republic of Belarus, and the Russian Federation. At the same time, Chinese legislation most quickly responds to the challenges of the criminal use of biometric technologies, American legal norms are less acceptable for our practice due to the peculiarities of case law, and Belarusian law has only recently entered into force, opening the era of legal regulation in this area. The facts of the use of new technologies (such as deepfake) for the processing of biometric information for criminal purposes and the problems of law enforcement in this area, as well as legal disputes of citizens who have suffered damage from the use of these technologies, are analyzed. It is predicted that it will be impossible to fully ensure the protection of human rights in the context of the emergence of new technologies for processing personal data. The importance of the desire to predict threats to the protection of personal information at the stage of emergence of new technologies for processing personal data in order to neutralize them in a timely manner is indicated.Conclusion. An analysis of the legislation of foreign countries will make it possible to give preference to the Chinese experience, which promptly counteracts the risks of using new technologies for criminal purposes. An analysis of domestic and global law enforcement practice will make it possible to predict the spread of new ways of committing crimes, the misuse of personal data, and vulnerabilities in their storage and protection. At the same time, excessive restrictions on access to data, their processing and their circulation can make it difficult for law enforcement agencies to solve the tasks of ensuring state security and the protection of public order. It requires constant monitoring of threats and risks and timely technical and legal response to their manifestation. The purpose of the study has been achieved, ways to improve legislation in order to protect human rights in the context of the introduction of digital innovations in all spheres of human activity are proposed. Security, combating crime.
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Liu, Ye, Michael Siegel, and Bisakha Sen. "Association of State-Level Firearm-Related Deaths With Firearm Laws in Neighboring States." JAMA Network Open 5, no. 11 (November 8, 2022): e2240750. http://dx.doi.org/10.1001/jamanetworkopen.2022.40750.
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ImportanceFirearms are easily transported over state borders; hence permissive firearm laws in one state may have an interstate association with firearm-related deaths in nearby states.ObjectivesTo examine whether certain firearm laws have an interstate association with firearm-related deaths in nearby states.Design, Setting, and ParticipantsThis cross-sectional observational study used data on state firearm-related deaths in the 48 contiguous states of the US between January 1, 2000, and December 31, 2019. A spatial autoregressive model with fixed effects for state and year was used to evaluate within-state, interstate, and overall associations between firearm laws and firearm-related deaths. Analyses were performed during January 2022.ExposuresThe following 9 types of laws were evaluated: universal background checks for all firearms purchase, background checks for handgun sales at gun shows, license requirement to purchase all firearms, state dealer license requirement for handgun sales, requirement of retaining records of handgun sales, ban on purchasing a handgun on behalf of another, prohibition of firearm possession by persons who committed violent misdemeanors, required relinquishment of firearms for persons becoming prohibited from possessing them, and discretion in granting a concealed carry permit.Main Outcomes and MeasuresState-level total firearm-related death rates, suicide rates, and homicide rates.ResultsIn sum, the study period included 662 883 firearm-related deaths of all intents. License requirement for firearm purchase had a within-state association (effect size, −1.79 [95% CI, −2.73 to −0.84]), interstate association (effect size, −10.60 [95% CI, −17.63 to −3.56]), and overall association (effect size, −12.38 [95% CI, −19.93 to −4.83]) per 100 000 population decrease in total firearm-related deaths. This law also had within-state association (effect size, −1.26 [95% CI, −1.72 to −0.80]), interstate association (effect size, −9.01 [95% CI, −15.00 to −3.02]), and overall association (effect size, −10.27 [95% CI, −16.53 to −4.01]) per 100 000 population decrease in firearm-related homicide.Conclusions and RelevanceThe findings of this pooled cross-sectional analysis suggest that certain firearm laws in one state were associated with other states’ firearm-related deaths. Synergic legislative action in adjacent states, federal firearm legislation, and measures that reduce migration of firearms across state borders should be part of the overarching strategy to prevent firearm-related deaths.
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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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Shutova, Albina. "PATIENTS’ PERSONAL DATA, INCLUDING BIOMETRICS, AS OBJECTS OF CRIMINAL LAW PROTECTION." International Journal of Law in Changing World 1, no. 2 (December 1, 2022): 46–59. http://dx.doi.org/10.54934/ijlcw.v1i2.29.
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The article is devoted to the issues of criminal-legal regulation of patients’ personal data constituting medical secrecy. The research objective is to assess the level of legal regulation of public relations, at which criminal encroachments are performed, during the personal data processing, and to improve the Russian criminal law in this sphere. It was determined that the level of criminal-legal protection of personal data requires improving. Illegal trafficking of personal data, including biometric ones, entails a threat to public relations. Biometric personal data are a valuable resource and may entail commitment of such unlawful actions as manufacturing and marketing of fake models of biometric personal data. The author proposes measures to improve the components of crime, stipulating criminal liability for the violation of privacy and of the Russian legislation on personal data (Art. 137 of the Russian Criminal Code). The author asserts the feasibility of establishing criminal liability for unlawful processing of personal data which infringed substantial harm on the rights and legal interests of a person. Taking into account a high public danger of the deeds which can be committed using biometric personal data and their value, we consider it necessary to criminalize the components of crime consisting in manufacturing and (or) marketing of fake models of biometric personal data.
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Prasolova, I. A., Yu E. Vasilenko, and Yu A. Mikhaylenko. "The features of legal regulation of personal data of remote workers." Voprosy trudovogo prava (Labor law issues), no. 01 (January 22, 2022): 14–20. http://dx.doi.org/10.33920/pol-2-2201-02.
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To date, the Russian Federation has been formed as an information state, the priority task of which is to protect the interests of the individual, his rights and freedoms guaranteed by the Constitution of the Russian Federation. The widespread use of modern technologies, in particular all kinds of transfers of personal data, poses a real threat to the violation of not only constitutional guarantees for privacy, personal and family secrets, but also labor legislation. It should be recognized that electronic document management increases the opportunities for abuse of rights by workers and employers. In the article, the authors analyze some of the problems arising in the processing and protection of personal data of remote workers, law enforcement practice, and also propose ways of improving labor legislation in this field.
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Sukhorolskyi, Petro, and Valeriia Hutsaliuk. "Processing of Genetic Data under GDPR: Unresolved Conflict of Interests." Masaryk University Journal of Law and Technology 14, no. 2 (September 23, 2020): 151–76. http://dx.doi.org/10.5817/mujlt2020-2-1.
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Over the last decades, developments in the fields of genetics and bioinformatics caused a marked increase in the processing of human genetic data by various companies and institutions. This results in the adoption of several international documents and the emergence of legal norms on the protection of genetic data. The paper examines how and to what extent the interests and rights of the data subject with regard to the processing of genetic data are protected in the European Union. It is concluded that under the GDPR this task is implemented through classifying genetic data as sensitive, reliance on anonymisation and pseudonymisation, as well as introduction of the procedure of data protection impact assessment. Nevertheless, given the unique characteristics of genetic data distinguishing them from other categories of personal data, these measures cannot be regarded as sufficient and effective. The paper argues that current EU data protection legislation creates favourable conditions for genetic research, thereby ensuring particular public interests, but does not establish a special regime for genetic data processing appropriate to potential threats in this field and risks to the rights of data subjects.
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Zaborska, Sylwia. "Wybrane aspekty prawne dotyczące przetwarzania danych biometrycznych pracowników." Studia Iuridica Lublinensia 30, no. 4 (October 13, 2021): 593. http://dx.doi.org/10.17951/sil.2021.30.4.593-603.
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<p>Given the growing popularity of biometrics, doubts about the conditions for biometric data processing can be noticed in practice. These inaccuracies take place in various areas of law, including labour law. This article provides a theoretical discussion on the processing of special categories of data. It aims to point to the need for appropriate legal regulations to ensure the security of the processing of biometric data of employees and candidate employees. The article starts with clarifying the concept of biometric data and discusses the practical aspects of the use of biometric tools. Further on, the author analyses the legal regulations concerning the processing of biometric data in the relations between the employer as the personal data controller and the employee as the data subject. As a result of the studies carried out, a position was presented which indicates that the employer who processes biometric data of employees and candidates for employment should always find out whether he has legal justification to process the data in question. This article is one of the few studies on the processing of biometric data in Polish literature on the subject. The main purpose hereof is to present situations under the current legislation, in which the employer can process biometric data of its employees. The article is a form of universal presentation of the problem and may be of interest especially to legal practitioners.</p>
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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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Ryngaert, Cedric, and Mistale Taylor. "The GDPR as Global Data Protection Regulation?" AJIL Unbound 114 (2020): 5–9. http://dx.doi.org/10.1017/aju.2019.80.
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The deterritorialization of the Internet and international communications technology has given rise to acute jurisdictional questions regarding who may regulate online activities. In the absence of a global regulator, states act unilaterally, applying their own laws to transborder activities. The EU's “extraterritorial” application of its data protection legislation—initially the Data Protection Directive (DPD) and, since 2018, the General Data Protection Regulation (GDPR)—is a case in point. The GDPR applies to “the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services . . . to such data subjects in the Union; or (b) the monitoring of their behaviour . . . within the Union.” It also conditions data transfers outside the EU on third states having adequate (meaning essentially equivalent) data protection standards. This essay outlines forms of extraterritoriality evident in EU data protection law, which could be legitimized by certain fundamental rights obligations. It then looks at how the EU balances data protection with third states’ countervailing interests. This approach can involve burdens not only for third states or corporations, but also for the EU political branches themselves. EU law viewed through the lens of public international law shows how local regulation is going global, despite its goal of protecting only EU data subjects.
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RASSOLOV, I. M., and S. G. CHUBUKOVA. "INTRABRANCH PRINCIPLES OF GENETIC INFORMATION PROCESSING." Actual Problems of Russian Law, no. 5 (June 18, 2019): 98–110. http://dx.doi.org/10.17803/1994-1471.2019.102.5.098-110.
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The principles of emerging legislation devoted to the processing of genetic information take their place among the informal legal phenomena. The identification of these principles is the task of the legal science and, in particular, of data protection law. From the point of view of data protection law, the article presents a new author’s approach to the construction of the system of principles of the legal regulation of genetic information. These principles include: the principle of responsibility to future generations; the principle of freedom of scientific research; the principle of protection of human dignity; the principle of privacy. Genome protection is aimed not only at preserving the life and health of a particular person, but also at preserving the genome of his or her descendants. This makes it possible to consider the genome as a heritage of mankind. Freedom of scientific research in the field of genetics implies the freedom to study genetic information, but not the freedom to use it. With regard to scientific research of genetic information of representatives of a particular population, in addition to individual consent to the processing of such information, allowance is made for the consent expressed through the legitimate representatives of the groups or peoples concerned. The ideas of extended and open consent of the person to the processing of genetic information are analyzed. The conclusion is made about the necessity of fixing the system of principles of legal regulation in the field of genetic information processing in a special law «On genetic information.»
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Sheikh, Asim. "The Data Protection (Amendment) Act, 2003: The Data Protection Directive and its Implications for Medical Research in Ireland." European Journal of Health Law 12, no. 4 (2005): 357–72. http://dx.doi.org/10.1163/157180905775088568.
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AbstractDirective 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of Such Data has been transposed into national law and is now the Data Protection (Amendment) Act, 2003.The Directive and the transposing Act provide for new obligations to those processing data. The new obligation of primary concern is the necessity to obtain consent prior to the processing of data (Article 7, Directive 95/46/EC). This has caused much concern especially in relation to 'secondary data' or 'archived data'.There exist, what seem to be in the minds of the medical research community, two competing interests: (i) that of the need to obtain consent prior to processing data and (ii) the need to protect and foster medical research. At the same time as the introduction of the Act, other prior legislation, i.e. the Freedom of Information Act, 1997-2003, has encouraged candour within the doctor-patient relationship and the High Court in Ireland, in the case of Geoghegan v. Harris, has promulgated the 'reasonable-patient test' as being the correct law in relation to the disclosure of risks to patients. The court stated that doctors have a duty to disclose all material risks to patients. The case demonstrates an example of a move toward a more open medical relationship. An example of this rationale was also recently seen in the United Kingdom in the House of Lords decision in Chester v. Afshar. Within the medical research community in Ireland, the need to respect the autonomy of patients and research participants by providing information to such parties has also been observed (Sheikh A. A., 2000 and Irish Council for Bioethics, 2005).Disquiet has been expressed in Ireland and other jurisdictions by the medical research communities in relation to the exact working and meaning of the Directive and therefore the transposing Acts (Strobl et al). This may be due to the fact that, as observed by Beyleveld "The Directive makes no specific mention of medical research and, consequently, it contains no provisions for medical research as an explicitly delineated category." (Beyleveld D., 2004) This paper examines the Irish Act and discusses whether the concerns expressed are well-founded and if the Act is open to interpretation such that it would not hamper medical research and public health work.
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Nekrutenko, V. "ON THE SYSTEMATISATION OF RISKS CAUSED BY THE PROCESSING OF PERSONAL DATA USING ARTIFICIAL INTELLIGENCE TECHNOLOGIES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 119 (2021): 53–59. http://dx.doi.org/10.17721/1728-2195/2021/4.119-10.
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The purpose of the study in this article is to systematise the risks that may be caused by the processing of personal data using artificial intelligence technologies, according to the criteria of stages of personal data processing and legislation that may be violated due to those risks. Based on the systematisation of risks, the aim was also to analyse the means of preventing and minimising the risks caused by the use of artificial intelligence technologies. To achieve the purpose of this work, the following methods were used: structural, functional, systemic, comparative, as well as the method of analysis. Among the special scientific methods are methods of systematic and dynamic interpretation of legislation in the field of personal data protection. The study analysed in accordance with the legislation of Ukraine and systematised legal risks caused by the processing of personal data using artificial intelligence technologies; identified factors and interests with which it is necessary to balance the minimisation of legal risks; proposed components of a comprehensive regulatory system aimed at minimising risks and ensuring a balance between the interests of individuals and organisations that collect and process personal data. The obtained results allowed to come to the following conclusions: 1) The use of artificial intelligence algorithms in human interaction gives undeniable advantages and social benefits; 2) Unregulated use of this technology poses significant risks of violation of the human right for respect for private life and the right to protection of personal data. The main aspects of such risks are the illegal use of collected personal data for machine learning, opacity and loss of control over the logic of decision-making, as well as the risks of breach of personal data security; 3) In order to minimise risks and ensure a balance between private and public interest, it is necessary to find a comprehensive approach that involves all stakeholders. An integrated approach involves the application of mandatory rules of conduct and the rules of so-called soft law.
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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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Taylor, Mark J., and Tess Whitton. "Public Interest, Health Research and Data Protection Law: Establishing a Legitimate Trade-Off between Individual Control and Research Access to Health Data." Laws 9, no. 1 (February 14, 2020): 6. http://dx.doi.org/10.3390/laws9010006.
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The United Kingdom’s Data Protection Act 2018 introduces a new public interest test applicable to the research processing of personal health data. The need for interpretation and application of this new safeguard creates a further opportunity to craft a health data governance landscape deserving of public trust and confidence. At the minimum, to constitute a positive contribution, the new test must be capable of distinguishing between instances of health research that are in the public interest, from those that are not, in a meaningful, predictable and reproducible manner. In this article, we derive from the literature on theories of public interest a concept of public interest capable of supporting such a test. Its application can defend the position under data protection law that allows a legal route through to processing personal health data for research purposes that does not require individual consent. However, its adoption would also entail that the public interest test in the 2018 Act could only be met if all practicable steps are taken to maximise preservation of individual control over the use of personal health data for research purposes. This would require that consent is sought where practicable and objection respected in almost all circumstances. Importantly, we suggest that an advantage of relying upon this concept of the public interest, to ground the test introduced by the 2018 Act, is that it may work to promote the social legitimacy of data protection legislation and the research processing that it authorises without individual consent (and occasionally in the face of explicit objection).
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Bazarov, Andrej A. "Information Spatial Conversion, Commercial Information Turnover – Development of the Data Market and its Localization Control." Proceedings of the Southwest State University. Series: History and Law 11, no. 6 (2021): 22–34. http://dx.doi.org/10.21869/2223-1501-2021-11-6-22-34.
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Relevance. Recently, at the level of international law and the legislation of individual states, an active search has been conducted for new approaches to protecting the rights and freedoms of users in information networks, which is a vulnerable participant in the information turnover market. In the Russian civil doctrine, the issue of organizing legal protection of a user whose data, including personal data, is processed by commercial organizations for the purpose of further profit-making is insufficiently developed. The lack of modern conceptual approaches does not allow us to qualitatively change the current legislation and harmonize the scope of rights of all participants in the commercial circulation of information. The purpose of the work is to study the commercial turnover of information in information networks, its economic value and methods of legal control of information processing. Objectives: to analyze the features and differences of information and telecommunications technologies; to as-sess the economic feasibility of information turnover; to form proposals for changing the current legislation in the field of legal regulation of information markets. Methodology. In the process of working on the research, general scientific research methods and methods in-herent in modern private law science were used. We are talking about the use of methods of analysis and synthesis of information, data interpretation. The analysis of the current legislation in the field of commercial turnover of information is made. Results. The legal differences between information and telecommunications technologies provided for by the legislation of the Russian Federation are determined. The economic significance of information turnover in the information markets is determined. The legal problem of information spatial conversion and its legal control is indicated. Conclusion. The conducted research provides the basis for an unambiguous conclusion about the lack of nec-essary legal mechanisms for controlling the turnover of information and insufficient protection of the rights of the owners of the processed information. On the need to implement the legal modernization of the institute of "data localization".
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Trofimov, Egor, and Oleg Gennad'evich Metsker. "Indicators for optimization of legislation and law enforcement, methods of their identification and usage based on big data (experience of computational experiments on the judicial acts on administrative offenses established by the Chapter 18 Of the Code of Administrative Offenses of the Russian Federation)." Юридические исследования, no. 9 (September 2020): 33–46. http://dx.doi.org/10.25136/2409-7136.2020.9.34149.
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The subject of this article is the research tools and assessment methods with regards to optimization of legislation and law enforcement. The paper reveals the experience of computational experiments on the judicial acts on administrative offenses established by the Chapter 18 of the Code of Administrative Offenses of the Russian Federation. The research employs various computer methods, including knowledge modeling, methods of natural language processing and machine learning, as well as the related within the framework of interdisciplinary paradigm methods of systemic analysis and expert assessment. Computational experiments were conducted on the empirical basis formed out of texts of 50,438 judicial acts. On the example of big data on administrative offenses, the article demonstrates the interdisciplinary (from computer and legal perspectives) interpreted results in the context of usage and identification of a number of indicators for optimization of legislation and law enforcement, primarily – time indicator, indicator of individualization of punishment, and indicator of subject uniformity. The conclusions and generalizations are made pertaining to legislation and law enforcement in this area under consideration. Computational methods and the set of indicators can be the groundwork for making decisions in law policy. The advantages of the proposed methodology consist in objectivity of the conclusions that based on methodology open to public verification, as well as big legal data that ensures accuracy of research.
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Araújo, Diana, Carla Lima, João R. Mesquita, Irina Amorim, and Cristina Ochôa. "Characterization of Suspected Crimes against Companion Animals in Portugal." Animals 11, no. 9 (September 20, 2021): 2744. http://dx.doi.org/10.3390/ani11092744.
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Animal crimes are a widespread phenomenon with serious implications for animal welfare, individual well-being and for society in general. These crimes are universal and represent a major problem in human/animal interaction. In Portugal, current law 69/2014 criminalizes the mistreatment and abandonment of companion animals. This study characterizes forensic cases received at the Laboratory of Pathology of the National Institute of Agrarian and Veterinary Investigation (Vairão) since the enforcement of the aforementioned legislation. A retrospective study was carried out based on the consult of 160 data files of forensic necropsies from 127 dogs and 33 cats. Necropsies confirmed prior crime suspicion in 38 cases (24%), from which 33 were dogs and five were cats. Among confirmed cases, most of assaulted animals were medium-size (57%), crossbreed (55%) male (58%) dogs (87%), which were the victims of blunt force trauma (31%), firearms (27%), poisoning (27%) and asphyxiation (15%). In cats, most of the assaulted animals were juvenile (60%) females (60%) of unknown breed (40%), which suffered blunt force trauma (100%) as the only cause of death. The present study shows that violence against animals is a reality, and complaints about these crimes are gradually increasing due to the population’s raising awareness about animal rights. Greater communication and coordination between clinicians, veterinary pathologists, and law enforcement officers are essential to validate and legally support these cases and subject them to trial.
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Chubukova, S. G. "Institute of Digital Intermediaries in Law." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (July 11, 2022): 158–67. http://dx.doi.org/10.17803/2311-5998.2022.92.4.158-167.
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The article concludes that an intersectoral institute of digital intermediary is being formed in modern legal science and legislation of the Russian Federation. The legal status of digital intermediaries is determined by the rights and obligations of the subjects of the main legal relationship, the conclusion, modification, and termination of which occurs through an information system, and the technological capabilities of this system. It is necessary to increase the security requirements for remote identification and authentication of users. The use of big data and artificial intelligence technologies makes it possible to implement automated decision-making processes with legal consequences for individuals. Digital intermediaries should actively inform the data subject about profiling and automated decision-making, including specific information about this type of processing in the privacy policy. The use of digital technologies carries additional risks associated with the need to ensure the information security of users, which requires: the organization of a permanent internal audit of an information system based on an effective risk monitoring system; the development of special security standards and the establishment of responsibility for their non-compliance.
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Andraško, Jozef, Ondrej Hamuľák, Matúš Mesarčík, Tanel Kerikmäe, and Aleksi Kajander. "Sustainable Data Governance for Cooperative, Connected and Automated Mobility in the European Union." Sustainability 13, no. 19 (September 24, 2021): 10610. http://dx.doi.org/10.3390/su131910610.
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The article focuses on the issue of data governance in connected vehicles through a novel analysis of current legal frameworks in the European Union. The analysis of relevant legislation, judicial decisions, and doctrines is supplemented by discussions relating to associated sustainability issues. Relevant notions of autonomous vehicles are analyzed, and a respective legal framework is introduced. Although fully automated vehicles are a matter for the future, the time to regulate is now. The European Union aims to create cooperative, connected, and automated mobility based on cooperation between different interconnected types of machinery. The essence of the system is data flow, as data governance in connected vehicles is one of the most intensively discussed themes nowadays. This triggers a need to analyze relevant legal frameworks in connection with fundamental rights and freedoms. Replacing human decision-making with artificial intelligence has the capacity to erode long-held and protected social and cultural values, such as the autonomy of individuals as has already been in evidence in legislation. Finally, the article deals with the issue of responsibility and liability of different actors involved in processing personal data according to the General Data Protection Regulation (GDPR) applied to the environment of connected and automated vehicle (CAV) smart infrastructure. Based on a definition and analysis of three model situations, we point out that in several cases of processing personal data within the CAV, it proves extremely demanding to determine the liable entity, due to the functional and relatively broad interpretation of the concept of joint controllers, in terms of the possibility of converging decisions on the purposes and means of processing within the vehicles discussed.
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Ferretti, Federico. "A European Perspective on Data Processing Consent through the Reconceptualization of European Data Protection's Looking Glass after the Lisbon Treaty: Taking Rights Seriously." European Review of Private Law 20, Issue 2 (April 1, 2012): 473–506. http://dx.doi.org/10.54648/erpl2012028.
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Abstract: EU data protection law is undergoing a process of reform to meet the challenges of the modern economy and rapid technological developments. This study re-conceptualizes data protection in the EU in light of the enactment of the Treaty of Lisbon and the Charter of Fundamental Rights of the EU. It focuses on data subjects' consent as a key component of data processing legislation - alongside the principles of purpose specification and data quality - to reinforce the view that it is a necessary, though not sufficient, tool to guarantee the declared high level of protection of individuals. To prevent confusion, conflation, or abuse of consent and safeguard the fundamental values to which it is tied, this paper puts forward that additional legal constraints and qualifications would be necessary for the enhancement of its application and enforcement. Soft or libertarian paternalism may be the key to nudge individuals towards the desired social outcome while preserving their individual autonomy. The ultimate suggestion is that EU policy makers should take rights seriously and not be seduced by and surrender to conflicting economic interests. Résumé: La loi européenne sur la protection des données est en train de subir un ensemble de réformes afin de pouvoir faire face aux défis de l´économie moderne et des développements technologiques rapides. La présente étude re-conceptualise la protection des données dans l´UE à la lumière de l´adoption du Traité de Lisbonne et de la Charte des Droits Fondamentaux de l´UE. Elle se concentre sur le principe du consentement comme étant un composant-clé de la législation sur le traitement des données pour renforcer l´idée qu´il est un instrument nécessaire, bien qu´insuffisant, pour garantir le niveau dit élévé de protection des individus. Afin de prévenir la confusion, l'amalgame ou l'abus de consentementet de sauvegarder les valeurs fondamentales auxquelles il est lié, le présent article indique que des contraintes et des qualifications legislatives supplémentaires seraient nécessaires pour l'amélioration de son application et de son exécution. Un paternalisme souple ou libertaire pourrait être la solutionpour amener des individus vers le résultat social désiré tout en préservant leur autonomie individuelle. La dernière suggestion est de convaincre les décideurs de l´UE de prendre les droits au sérieux et dene pas se laisser séduire, ou soumettre, par des intérêts économiques incompatibles.
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Boltanova, E. S., and M. P. Imekova. "Russian Legislation Development Prospects in the Field of Protection of Citizens’ Rights in Processing of Genetic Information (Private Law Outlook)." Lex Russica, no. 2 (February 28, 2022): 90–100. http://dx.doi.org/10.17803/1729-5920.2022.183.2.090-100.
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The European Union countries tend to ensure the protection of citizens’ rights when processing genetic information in such areas as healthcare, science, labor and insurance. In Russia, such protection of citizens’ rights is provided exclusively for the prevention, disclosure and investigation of crimes.The results of the study show that genetic information is an element of objects of various constitutional human and civil rights (for example, the right to health, the right to privacy, personal dignity, etc.). Consequently, it can be the object of a complex of legal relations of various areas of law: constitutional, civil, labor, etc. In this regard, it is concluded that the protection of the rights of citizens in Russia in processing of genetic information in such areas as healthcare, science, labor and insurance should have a complex (intersectoral) character. At the same time, there is no need to adopt a general law that would ensure the appropriate protection of citizens’ rights in all these spheres of society. It is enough to make point changes to the laws regulating public relations on processing of genetic information within a particular sphere. The Federal Law «On Personal Data» should definitely take a central place among such laws. Its norms are of «cross-cutting» character and are subject to application to all public relations, one way or another related to the processing of genetic information.In addition, there is a sphere of social life in Russia that is directly related to the processing of genetic information, but is not subject to legislative regulation. This is scientific research that uses biological samples of human origin. The authors of the paper, by analogy with the legislation of the European Union, propose to adopt a new Federal Law «On research of biological samples of human origin».
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Khusrini, Ari, and Teguh Kurniawan. "Analysis of Implementation of E-Legislation Based on Public Participation at the National Law Development Agency." Jurnal Ilmiah Ilmu Administrasi Publik 9, no. 2 (February 4, 2020): 125. http://dx.doi.org/10.26858/jiap.v9i2.11525.
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Previous studies of e-rulemaking that have not touched the theme of e-rulemaking in Indonesia or e-legislation, findings of the observations of the BPHN's website are technical constraints and low public comment statistics, the urgency of the needs of the Indonesian Government in improving democracy and the quality of policies, as well as the legal vacuum regarding the provision of the implementation of e-legislation since 2014 until now, hence the review of this paper will be focused on the preparation of a research framework to address the quality of implementation of public participation with e-legislation. The qualitative research method used is literature review and observation on the BPHN’s website with a study period of October 2016-January 2019. The results of the literature review show, conceptually, quality of the e-rulemaking cannot only be seen from a large number of participants, but rather to the quality of comments that has a substantial depth to get the quality of policy and compliance in its implementation. The dimension of public administration is used to photograph the stages: (i) system input; (ii) system process, including processing and managing data and information; and (iii) the quality of public comments and the policy of draft output.
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Shabatura, M. M., and R. O. Salashnyk. "Analysis of personal data protection methods according to ukrainian legislation and the GDPR." Ukrainian Journal of Information Technology 3, no. 2 (November 23, 2021): 51–57. http://dx.doi.org/10.23939/ujit2021.02.051.
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The problem of modern technologies rapid development is shown and characterized, which makes the issues of Internet users personal data protection very urgent. The current state of personal data protection in accordance with the requirements of Ukrainian legislation and the General Data Protection Regulation (GDPR) is analyzed. It is also determined which data belong to personal data and why they are subject to protection. According to Ukrainian Laws "On Access to Public Information", "On Personal Data Protection " and "About information protection in information and telecommunication systems" it was found the methods of personal data protection, peculiarities of processing information, storage, and transfer. Personal data is a kind of restricted access information so should be processed only in systems that have a comprehensive information security system possessing a certificate of conformity. Ukraine was one of the first countries, which introduce an electronic passport, so we considered the "DIIA" application. This application contains a huge database of personal data, that is why we investigate it and many interesting facts about the development are presented. The Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine for violation of requirements and non-compliance with the law on personal data protection in Ukraine are analyzed, penalties are also described. The requirements for personal data protection according to the European standard GDPR, namely, the procedure of pseudonymization, annihilation, encryption, etc. are given. A set of technical solutions and cybersecurity tools for implementing compliance with the GDPR standards is considered. In addition to technical solutions, important issues are security organization measures, these include staff training, adding privacy policies, proper organization of processes, providing access to personal data only to authorized employees. The penalty for violating the GDPR requirements has been clarified. Every country in the world is trying to ensure the protection of the personal data of its citizens at the legislative level by creating laws, regulations, and orders. It is emphasized, an important factor is to raise the awareness of citizens, who often ignore the problems associated with the protection of their personal data, including due to a lack of understanding of legal standards and requirements in this area. Keywords: personal data; processing; "DIIA"; protection; GDPR.
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Gulemin, Artem Nikolaevich. "Provision of security of the Unified Federal Information Register Containing Data on the Population of the Russian Federation." Национальная безопасность / nota bene, no. 6 (June 2020): 10–18. http://dx.doi.org/10.7256/2454-0668.2020.6.34670.
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The object of this research is the public relations with regards to processing of information in the Unified Federal Information Register Containing Data on the Population of the Russian Federation n. Besides the Federal Law “On the Unified Federal Information Register Containing Data on the Population of the Russian Federation”, the subject of this research is legislation in the area of personal data and legislation on the critical information infrastructure. Based on the main formal and substantive aspects, the author defines the indicated register as a variety of register-based information; substantiates the relevance of application of the principles of framework regulation of information law in the context of creating the register; raises the question on the need to recognize the information system that processes data contained in the register as a valuable object of critical information infrastructure. The novelty of this research consists in the fact that this article is one of the first works dedicated to provision of legal security of the Unified Federal Information Register Containing Data on the Population of the Russian Federation. The following conclusions and proposals on improvement of legislation are formulated: 1) The principles of legal regulation established by legislation with regards to information as the object of legal regulation should be applied to the created register; any unauthorized actions with a separate register entry should be viewed as violation of integrity of the entire object. 2) Due to critical importance of the data contained in the register, it is essential to set confidentiality restrictions, and recognize the federal nformation system that processes data contained in the register as a valuable object of critical information infrastructure. 3) In the text of the Law “On the Unified Federal Information Register Containing Data on the Population of the Russian Federation”, it is necessary to specify the responsibilities of operator of the federal information system who maintains the federal register and compliance with the requirements of legislation on the security of critical information infrastructure. It is also necessary to clarify the provisions of the Decree of the Government of the Russian Federation that establishes a list of criteria of importance of the objects of critical information infrastructure of the Russian Federation and their value.
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Taylor and Prictor. "Insight or Intrusion? Correlating Routinely Collected Employee Data with Health Risk." Social Sciences 8, no. 10 (October 16, 2019): 291. http://dx.doi.org/10.3390/socsci8100291.
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The volume, variety and velocity of data available to companies about their employees is already significant and likely to increase. Employers hold data about employees that could be used to explore the relationship between workplace practice in their organisation and risks to employee health. However, there is significant uncertainty about whether employers subject to English law are permitted to use this data for this purpose, and even whether they may be under a legal obligation to do so. In this article, the question of whether employers are legally permitted or legally obliged to use employee data to identify associations between workplace practice and risk to employee health is answered through an analysis of two spheres of English Law: data protection law, and health and safety law. The authors establish a hypothetical case study concerning a company that wishes to use employee data in this way, to illuminate a set of detailed legal issues. In particular, the question of whether a reasonable and prudent employer is under an obligation under health and safety law to use the data and analytic tools at his or her disposal to assess risk and inform his or her actions is considered. Also addressed is the question of whether such processing would satisfy the data protection law principles of “lawful, fair, and transparent” processing and that of “purpose limitation”. A complex picture emerges. The analysis reveals that data protection legislation may not support a trend towards the re-use of employee data to enhance workplace health and safety; nor is there currently a clear mandate that responsible employers use data in this way. The line between useful insight into workplace practices and intrusion into employees’ privacy remains blurred.
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Kostenko, Oleksii. "IDENTIFICATION DATA MANAGEMENT: LEGAL REGULATION AND CLASSIFICATION." Scientific Journal of Polonia University 43, no. 6 (June 18, 2021): 198–203. http://dx.doi.org/10.23856/4325.
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The scale, speed and multi-vector development of science and technology are extremely effective in influencing legal, economic, political, spiritual, professional and other social relations. The development of information and communication technologies, the use of the Internet, the creation, storage, transmission, processing and management of information became the driving forces of the new scientific and technological revolution. This facilitates the introduction of technologies for the transmission and use of information in digital form in almost all spheres of public life, namely text data, photo, audio, video images, which are transmitted in various ways via the Internet and other systems and means of communication. One of the key elements of data transmission technologies and systems is the availability of information by which it is possible to identify their subjects and objects by their inherent identification attributes. In Ukrainian legislation, in particular in the Law of Ukraine «On Personal Data Protection», information or a set of information about an individual who is or can be identified specifically is defined as personal data. However, despite its modernity, this law still contains a number of shortcomings and uncertainties, both in terminology and in the legal mechanisms for working with data by which a person can be identified, i.e. identification data.
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Popova, Anna Yu, Nina V. Zaitseva, Irina V. May, Dmitry A. Kiryanov, and Pavel A. Kolesnik. "Distant control of sanitary legislation compliance: goals, objectives, prospects for implementation." Hygiene and sanitation 100, no. 10 (October 31, 2021): 1024–34. http://dx.doi.org/10.47470/0016-9900-2021-100-10-1024-1034.
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The article discusses the main aspects of the draft “Concept for the implementation distant control/monitoring forms of sanitary requirements compliance (remote/contactless supervision).” The project document was developed according to the “National Action Plan Ensuring the Recovery of Employment and Incomes of the Population, Economic Growth and Long-Term Structural Changes in the Economic” control in the Russian Federation”. It has been determined that introducing remote forms of supervision is the general improvement of the state control system with a general decrease in the administrative burden on business entities. The task is also to identify the negative trends in the activities of organizations at the earliest possible stages and adopt proactive state response measures to violations of the law. The concept establishes that the critical difference between remote control and contact, face-to-face forms is the most full use and science-intensive processing of data accumulated in the information field about the activity of the economic unit. The information field is formed by departmental databases collected in the Unified Information System of Rospotrebnadzor (EIAS) and external state, municipal and other databases. An analysis is carried out through remote access to information. The remote control also implies a gradual, but significant expansion of the hardware use for fixing objects and processes status (audio-photo-video tools, sensors for measuring object parameters, etc.).An intelligent information system provides information and analytical support for the entire cycle of actions provided for by the regulations for conducting remote control and supervision activities. The system focuses on identifying evidence of violation or compliance with sanitary legislation based on the study of transmitted information. The functioning of an intelligent system involves the modern methods of machine processing of big data (Big Data), including elements of artificial intelligence based on machine learning of artificial neural networks, etc. The data generated in the system is sent to the shared storage of the EIAS for the combined processing data from remote and contact supervision and systemic complex analysis with the involvement of data from social and hygienic monitoring and other departments. The phased introduction of distant control in the activities of the service requires the improvement of the regulatory, methodological, material, and technical base, as well as the human resources development in the direction, increasing the computer literacy of expert specialists, persons responsible for maintaining the information system, its administration, and ensuring uninterrupted operation. It is shown that the effectiveness of the distant control implementation with the use of information and analytical approach can reduce from 15 to 60% time for one scheduled inspection, decrease the labour costs of inspectors and specialists of supervised facilities, expanding the number of inspected objects.
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Bondarenko, O. "Features of personal data protection during using targeting technologies: experience of the European union and Ukraine." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 14(26) (December 12, 2022): 111–18. http://dx.doi.org/10.33098/2078-6670.2022.14.26.111-118.
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Purpose. The purpose of the work is to analyze the features of personal data protection during the use of targeting technologies in Ukraine and in the European Union. Method. The methodology includes a systematic analysis of normative legal acts of national law and a historical review of normative sources regarding the legal regulation of the issue of personal data protection and personal data protection in the Internet environment in the European Union. The following methods of scientific knowledge were used during the research: terminological, logical-semantic, functional, systemic-structural, logical-normative, comparative, etc. The results. The rapid development of information technologies inevitably permeates all spheres of social life and, unfortunately, legal regulation is not always able to properly "keep up" with the emergence of new social relations. The issue of personal data protection in the Internet environment is very acute for Ukraine and requires an immediate legal definition of both the general principles of implementation and the responsibility of information managers for abusing their rights. A demonstrative qualitative example is undoubtedly the regulatory legal acts of the European Union, which should become the basis for transformational changes in domestic legislation in the field of personal data protection on the Internet. Scientific novelty. In the study, the main problematic aspects regarding the process of giving consent to the processing of personal data in the Internet environment and the subsequent use of such data for targeted advertising in Ukraine were formed. The main positive aspects of the legislation of the European Union which can be implemented in the national legislation of Ukraine were identified. Practical significance. The results of the study can be used to determine trends in improving the national legislation of Ukraine in the context of ensuring proper protection of personal data in the Internet environment.
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Baranauskiene, Ingrida. "The Right of People with Disabilities to Health: What Is Expressed by the Architectonics of Legislation?" SOCIAL WELFARE: INTERDISCIPLINARY APPROACH 2, no. 8 (July 7, 2019): 40. http://dx.doi.org/10.21277/sw.v2i8.402.
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The article formulates <strong><em>the research problem</em></strong>: what ideas dominate in architectonics of two laws under scientific analysis (The Human Right to Health of the World Health Organization, Article 12, and parts of the Law on the Health System of the Republic of Lithuania related to the situation of people with disabilities in the healthcare system)? The research methodology is grounded on the ideas of postpositivism and ethnographic approach. The thematic analysis has been chosen as a method of data processing. The findings allow formulating a conclusion that architectonics of legislations of the World Health Organization has a clear jurisprudential foundation; whereas the Law on the Health System of the Republic of Lithuania provides preconditions for various stipulations, which results in people with disabilities facing manifestations of discrimination in Lithuanian system of health care.
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Goh, Elaine. "Clear skies or cloudy forecast?" Records Management Journal 24, no. 1 (March 11, 2014): 56–73. http://dx.doi.org/10.1108/rmj-01-2014-0001.
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Purpose – Using the example of audiovisual materials, this paper aims to illustrate how records-related and archival legislation lags behind advances in technology. As more audiovisual materials are created on the cloud, questions arise about the applicability of national laws over the control, ownership, and custody of data and records. Design/methodology/approach – This paper analyses court cases relating to audiovisual materials in the cloud and archival legislation from three Commonwealth countries: Canada, Australia, and Singapore – representing North America, the Pacific, and Asia respectively. Findings – Current records-related and archival legislation does not effectively address the creation, processing, and preservation of records and data in a cloud environment. The paper identifies several records-related risks linked to the cloud – risks related to the ownership and custody of data, legal risks due to transborder data flow, and risks due to differing interpretations on the act of copying and ownership of audiovisual materials. Research limitations/implications – The paper identifies the need for records professionals to pay greater attention to the implications of the emerging cloud environment. There is a need for further research on how the concept of extraterritoriality and transborder laws can be applied to develop model laws for the management and preservation of records in the cloud. Originality/value – The paper identifies record-related risks linked to the cloud by analyzing court cases and archival legislation. The paper examines maritime law to find useful principles that the archival field could draw on to mitigate some of these risks.
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Lazzerini, Nicole, and Elena Carpanelli. "PNR: Passenger Name Record, Problems Not Resolved? The EU PNR Conundrum After Opinion 1/15 of the CJEU." Air and Space Law 42, Issue 4/5 (September 1, 2017): 377–402. http://dx.doi.org/10.54648/aila2017027.
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The long-standing debate concerning the transfer, processing and retention by national law enforcement authorities of Passenger Name Record (PNR) data has regained momentum with the adoption of Directive 2016/681/EU, which lays down a PNR regime operating within the EU, and, above all, with the delivery, on 26 July 2017, of the CJEU’s negative Opinion on the new envisaged EU-Canada PNR agreement. The Court’s finding that several provisions of the draft agreement do not comply with Articles 7 and 8 of the EU Charter of Fundamental Rights, on the protection of private life and personal data, inevitably raises doubts concerning the fate of the EU PNR bilateral agreements already in force (namely, with Australia and the United States) and of the PNR Directive. At the same time, this evolving scenario has immediate and very practical implications for air-carriers operating between the EU and third States, which may find themselves trapped by conflicting obligations due to the complex interplay between EU data protection laws, the EU PNR regime, and third States’ PNR legislation. Far from being limited to the EU legal order, the recent developments may exert an effect on foreign airlines’ operations to and from the EU and condition future negotiations between the EU and third countries.
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Mykhailyk, A. "On the issue of legal regulation of the protection of personal data of employees in Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 72 (November 27, 2022): 82–87. http://dx.doi.org/10.24144/2307-3322.2022.72.46.
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The work analyzes the current legislation that regulates legal relations in the field of protection of personal data of employees in Ukraine. It is noted that today the main problem in the field of personal data protection in Ukraine is the lack of legislative acts that would ensure the proper level of personal data protection in Ukraine in accordance with the updated international legal standards in this field. Attention is drawn to the fact that the current Code of Labor Laws of Ukraine also does not contain norms that would regulate these issues. Although the draft Labor Code of Ukraine contains separate provisions relating to the protection of employee personal data, however, they require some clarification and improvement. The legislator's initiative to adopt a new law on the protection of personal data, designed to bring the sphere of personal data protection to the requirements of European legislation and the practice of the ECHR, was supported. Since its adoption will create favorable conditions for the work of domestic enterprises on the international market and bring Ukraine closer to obtaining the status of a state that ensures proper protection of personal data of employees, which in turn will speed up and facilitate the entry of our country into the Single Digital Market of the European Union. It was concluded that in today's realities, when there is an extraordinary socio-political situation in the country, caused by the military aggression of the Russian Federation, which threatens not only the lives of individual citizens of Ukraine, but also the nation as a whole, in the conditions of martial law introduced in Ukraine, the protection of personal data of employees is extremely important At the same time, the processing of personal data must take into account the provisions of the legislation of Ukraine, which are in force during the state of war, when separate restrictions on rights and freedoms can be established and be proportionate and carried out for specific and legal purposes.
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Sidorenko, E. L. "Criminal Law Protection of Reproductive Health: Current Challenges." Economics, taxes & law 12, no. 2 (April 23, 2019): 147–53. http://dx.doi.org/10.26794/1999-849x-2019-12-2-147-153.
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The subject of the research is the specifics of the criminal law protection of reproductive health in the Russian legislation. The topic was chosen due to the increasing dynamics of crimes related to limitation on the reproductive rights of women and men and unauthorized manipulation of the human genome. Despite the growing need for providing a regulatory framework for this kind of relationships, the system of their criminal law protection is only beginning to take shape, therefore, a necessity arises to revise traditional approaches to the protection of the individual. Therefore, the purpose of the paper was to understand the system of criminal law protection of reproductive health in terms of its compliance with trends of medical practices and dynamics of socially significant diseases based on both traditional principles of scientific analysis and the results of applying sociological methods of data processing, which made it possible to identify the most significant directions of the Russian criminal policy development. Moreover, the critical analysis method was used in the research that showed the inconsistency of the system of criminal law prevention of criminal abortions, contamination with socially significant diseases and illegal use of the human genome. Based on the research findings, an author’s model of criminal prevention of attacks on reproductive health has been built and its systemic assessment is given. It is concluded that the legislator is inconsistent in assessing the attributes of an unlawful abortion; the accounting of contamination with certain socially significant diseases is inadequate; the laws prohibiting the use of the human genome need to be included into the Criminal Code of the Russian Federation. The conclusions formulated in the paper have practical importance and can be taken into account by the legislator in the reform of the current criminal legislation.