Journal articles: 'Privacy legislation'

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Woodward, Beverly. "Federal Privacy Legislation." Journal of Law, Medicine & Ethics 26, no. 1 (1998): 80–81. http://dx.doi.org/10.1111/j.1748-720x.1998.tb01910.x.

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Charlesworth, Andrew J. "Privacy, Personal Information and Employment." Surveillance & Society 1, no. 2 (September 1, 2002): 217–22. http://dx.doi.org/10.24908/ss.v1i2.3355.

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It is a widely accepted proposition, reflected in privacy-enhancing legislation and regulations, that individuals will have less privacy in their workplace activities than in their private lives. However, modern technologies and business practices have blurred the boundary between private life and workplace, and a re-evaluation of the traditional legislative and regulatory protections for privacy in employment is required.

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Carapetis, Jonathan R., Jonathon W. Passmore, and Kerry Ann O'Grady. "Privacy legislation and research." Medical Journal of Australia 177, no. 9 (November 2002): 523. http://dx.doi.org/10.5694/j.1326-5377.2002.tb04929.x.

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Breen, Kerry J., and Sandra M. Hacker. "Comment: Privacy legislation and research." Medical Journal of Australia 177, no. 9 (November 2002): 523–24. http://dx.doi.org/10.5694/j.1326-5377.2002.tb04930.x.

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Skene, Loane LC. "Comment: Privacy legislation and research." Medical Journal of Australia 177, no. 9 (November 2002): 524. http://dx.doi.org/10.5694/j.1326-5377.2002.tb04931.x.

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HFARKAS, D., H. GOERL, and R. HYER. "Genetic privacy legislation: Two views." Molecular Diagnosis 2, no. 1 (March 1997): 83–87. http://dx.doi.org/10.1016/s1084-8592(97)80014-8.

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Trouille, Helen. "Private Life and Public Image: Privacy Legislation in France." International and Comparative Law Quarterly 49, no. 1 (January 2000): 199–208. http://dx.doi.org/10.1017/s0020589300064034.

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In October 1998, at the height of the Monicagate scandal, the publication by the French publisher Plon of a novel which recounts the adulterous relationship in the 1960s between a politician bearing a marked resemblance to Francois Mitterrand, and a journalist, provided an interesting comparison between the attitudes of the French and of the Americans to the romantic dalliances of their respective leaders. For Jeanne Dautun's work of fiction Un ami d'autrefois is most certainly no Monica's Story, and French reactions to their President's lengthy extra-marital relationship with Anne Pingeot have been at the very least understanding, if not even compassionate. In France, the small gathering of graveside mourners amongst whom Mitterrand's mistress and illegitimate daughter Mazarine took their places shocked no-one, although many an eyebrow was raised in the United States. In truth, Mitterrand manipulated the release of information about his private life all along the line, “coming clean” only progressively with his approaching death. Although the general public knew nothing of his double life, journalists had been very much aware of the existence of this second family for a great many years, but had revealed nothing. The respect of his privacy in this relationship and the reactions of fellow French politicians to his unashamed infidelity contrast sharply with the fate reserved for Bill Clinton, the indiscretions of his private life exposed in the nation's press for all to enjoy. We may ask ourselves if French journalists are perhaps more gentlemanly, less cut-throat than their Anglo-Saxon counterparts. Or are the cliches which describe latins as inveterate romantics and lovers true after all? Or are these irrational judgments supported by powerful French legislation protecting the individual's right to privacy? This article aims to examine the main texts relating to infringements of privacy in France, highlighting in particular those committed by the press against public figures and celebrities.

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Katzav, Gilad. "Compartmentalised data protection in South Africa: The right to privacy in the Protection of Personal Information Act." South African Law Journal 139, no. 2 (2022): 432–70. http://dx.doi.org/10.47348/salj/v139/i2a8.

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In European Union (‘EU’) law, the entrenched right to data protection is an independent fundamental right. EU case law has gradually disconnected the right to data protection from the right to a private life. South Africa’s first exclusive data protection legislation, the Protection of Personal Information Act 4 of 2013 (‘POPIA’), is redolent of EU data protection legislation. However, the stated purpose of the POPIA is to give effect to the right to privacy. This article examines whether the laws of data protection can be wholly encapsulated within s 14 of the Constitution. To this end, this article considers two main conceptions of privacy in our law. The first is Neethling’s informational privacy and the reasonable expectation of privacy. The second is Rautenbach’s theory of informational control over personal matters in relation to other rights. On either approach, I argue that the substantive provisions of the POPIA are irreducible to privacy protection alone. Ultimately, framing the POPIA exclusively within the domain of privacy will either (i) unduly restrict legislative interpretation; or (ii) the true meaning of privacy will be diluted, leading to legal uncertainty. To avoid this, I suggest distinguishing between the value of privacy in the POPIA and the actual loss of privacy.

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WHITE, MARY TERRELL. "Underlying Ambiguities in Genetic Privacy Legislation." Genetic Testing 3, no. 4 (January 1999): 341–45. http://dx.doi.org/10.1089/gte.1999.3.341.

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White, Garry L., Francis A. Méndez Mediavilla, and Jaymeen R. Shah. "Information Privacy." International Journal of Information Security and Privacy 5, no. 1 (January 2011): 50–66. http://dx.doi.org/10.4018/jisp.2011010104.

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In the Web dependent world, companies must respect and protect individuals’ information privacy. Companies develop and implement corporate information privacy policies to comply with the domestic and international information privacy laws and regulations. This paper investigates: (a) the approach used by multinational and domestic companies to develop and implement corporate information privacy policies; and (b) the perception of corporate managers/professionals toward information privacy legislation and secondary use of personally identifiable information (PII) that organizations collect. A survey was conducted to collect data from corporate CEOs, managers, and technical professionals of national and multinational companies. Findings indicate the following: 1) Views regarding the practicality and effectiveness of information privacy legislations are similar for respondents from the national and multinational companies. 2) Respondents are undecided about whether the privacy laws of the United States and foreign countries are equally restrictive. 3) Multinational companies do not favor developing and implementing uniform information privacy policies or different information privacy policies across countries of operations. 4) Respondents strongly agreed that unauthorized secondary use of personal information is unacceptable.

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Franc, Michelle. "Implementation of Privacy Legislation and Principles: A Private Hospital Perspective." Health Information Management 31, no. 3 (September 2003): 14–15. http://dx.doi.org/10.1177/183335830303100308.

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Culnane, Chris, and Kobi Leins. "Misconceptions in Privacy Protection and Regulation." Law in Context. A Socio-legal Journal 36, no. 2 (April 16, 2020): 1–12. http://dx.doi.org/10.26826/law-in-context.v36i2.110.

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Privacy protection legislation and policy is heavily dependent on the notion of de-identification. Repeated examples of its failure in real-world use have had little impact on the popularity of its usage in policy and legislation. In this paper we will examine some of the misconceptions that have occurred to attempt to explain why, in spite of all the evidence, we continue to rely on a technique that has been shown not to work, and further, which is purported to protect privacy when it clearly does not. With a particular focus on Australia, we shall look at how misconceptions regarding de-identification are perpetuated. We highlight that continuing to discuss the fiction of de-identified data as a form of privacy actively undermines privacy and privacy norms. Further, we note that ‘de-identification of data’ should not be presented as a form of privacy protection by policy makers, and that greater legislative protections of privacy are urgently needed given the volumes of data being collected, connected and mined.

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Bomba, David, and George Hallit. "Will the new Australian Health Privacy Law provide adequate protection?" Australian Health Review 25, no. 3 (2002): 141. http://dx.doi.org/10.1071/ah020141a.

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Amendments to the original Privacy Act (1988) come at a key point in time, as a national medical record system looms on the Australian horizon. Changes to The Privacy Act have the potential to define a level of information privacy prior to the implementation of such a system. We have therefore collected expert opinions on the ability of the Health Privacy Guidelines(enacted in December 2001 under The Privacy Act and hereafter more specifically known as Health Privacy Legislation) to ensure the privacy and security of patient information. We conclude that the legislation is flawed in its capacity to withstand an increasingly corporatised health sector. Deficiencies in consent requirements, together with feeble enforcement capabilities, mean The Legislation cannot effectively ensure that personally identifiable information will not end up in corporate third party hands. To significantly bolster the new legislation, we argue that it should be supplemented with explicit health data legislation and privacy auditing.

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McNabb, Danielle, and Dennis Baker. "Ignoring Implementation: Defects in Canada’s “Rape Shield” Policy Cycle." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 36, no. 1 (April 2021): 23–46. http://dx.doi.org/10.1017/cls.2020.35.

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AbstractThis article employs a “policy cycle” framework to explore Bill C-51, legislation which contains Canada’s latest amendments to the “rape shield.” Through an in-depth evaluation of earlier rape shield reforms, as well as a content analysis of the legislative proceedings of Bill C-51, this paper reveals that, while the impetus for introducing rape shield legislation is to protect the equality and privacy rights of sexual assault complainants, the legislative process of these “policy cycles” focuses disproportionately on remedying due process concerns and less on the problems that arise in judicial implementation of the provisions. We situate this finding within the larger trend towards the “judicialization of politics,” and trace some of the institutional and structural obstacles that impede Parliamentarians from more effectively legislating to improve sexual assault trials for complainants.

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Jackson, Margaret. "The effect of the proposed national data protection regime on the health sector in Australia." Australian Health Review 20, no. 1 (1997): 1. http://dx.doi.org/10.1071/ah970001.

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The Commonwealth Government and a number of State governments are proposingto introduce legislation based on the Information Privacy Principles contained in thePrivacy Act 1988 (Cwlth). This will allow individuals access to any personalinformation held on them by any organisation or person, including privatepractitioners, private health facilities and State government agencies. This articlediscusses this proposed legislation and its implications for the health sector.Although in the public health area patients can already gain access to their medicalrecords through the use of the various Freedom of Information Acts and, in the caseof Commonwealth government agencies, the Privacy Act 1988 (Cwlth), the proposeddata protection legislation will provide more than access rights to individuals. Theeffect of the proposed legislation on the private sector, where no obligation exists onthe part of the doctor to grant a patient access to his or her records, will be substantial.

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Shuraleva, S. V. "THE RIGHT TO PRIVACY IN LABOR RELATIONS: THEORETICAL PROBLEMS OF LEGAL REGULATION." Вестник Пермского университета. Юридические науки, no. 57 (2022): 527–51. http://dx.doi.org/10.17072/1995-4190-2022-57-527-551.

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Introduction: the article is devoted to research on the right to privacy in labor relations. Purpose: to analyze the current regulation of the right to privacy in Russian labor law, to explore the approaches that have developed in the practice of the European Court of Human Rights (hereinafter – ECtHR) and in the doctrine, to propose directions for improving labor legislation in terms of the right to privacy. Methods: general, general scientific methods; special scientific methods (system-structural, formal-legal, comparative-legal).Results: the right to privacy (to respect for private and family life, home, and correspondence) is generally recognized and is contained both in international acts and in regional (interregional, subregional) conventions and declarations. In the absence of definitions of private life and privacy in international documents and Russian legislation, of particular importance is how these concepts are interpreted by national and international courts. In contrast to the definitions of private life and privacy given by the Constitutional Court of the Russian Federation, the ECtHR considers professional activity to be part of private life since it allows people to build communication with the outside world. Analysis of the ECtHR decisions on the complaints of employees about the violation of Article 8 of the European Convention on Human Rights reveals the most typical violations of the right to respect for private and family life in the workplace in the practice of the ECtHR, and also indicates the increasing urgency of this issue. Despite Russia's withdrawal from the Council of Europe, it is advisable to take into account the legal positions of the ECtHR, along with its legal doctrine, when preparing proposals for amending and supplementing labor legislation. Noting the insufficiency of the current labor law regulation with regard to privacy, the paper explores the theoretical aspects of personal non-property labor rights and the right to privacy in labor relations, outlines the possible directions for improving labor legislation. Conclusions: the author notes development of the employee’s right to privacy, supplemented with the right to disconnect; it is expedient to include the right to privacy in the list of basic rights of employees in the Labor Code of the Russian Federation, while establishing the corresponding obligation of the employer. Since the right to privacy is realized not only in labor relations but also in some other, directly related, legal relations, it is proposed, taking into account the terminology of the Labor Code of the Russian Federation, to supplement the list of basic principles provided in Article 2 of the Labor Code with the principle of ensuring privacy in labor and other directly associated relations.

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Harland, Joanne. "Japan's new privacy legislation: are you ready?" Computer Law & Security Review 20, no. 3 (May 2004): 200–203. http://dx.doi.org/10.1016/s0267-3649(04)00037-8.

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Rotenberg, Marc. "Electronic privacy legislation in the United States." Journal of Academic Librarianship 20, no. 4 (September 1994): 227–30. http://dx.doi.org/10.1016/0099-1333(94)90105-8.

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Culnan, Mary J. "Protecting Privacy Online: Is Self-Regulation Working?" Journal of Public Policy & Marketing 19, no. 1 (April 2000): 20–26. http://dx.doi.org/10.1509/jppm.19.1.20.16944.

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The author assesses the extent to which 361 consumer-oriented commercial Web sites post disclosures that describe their information practices and whether these disclosures reflect fair information practices. Although approximately 67% of the sites sampled post a privacy disclosure, only 14% of these disclosures constitute a comprehensive privacy policy. The study was initiated by the private sector as a progress report to the Federal Trade Commission (FTC) and is one in a series of efforts designed to assess whether consumer privacy can be protected through industry self-regulation or whether legislation is required. Although the FTC does not recommend legislation at this time, the study suggests that an effective self-regulatory regime for consumer privacy online has yet to emerge.

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Shymon, S., and O. Lupalo. "The right of a person to the secret of correspondence: issues of public law and private law terminology." Uzhhorod National University Herald. Series: Law 1, no. 72 (November 16, 2022): 118–25. http://dx.doi.org/10.24144/2307-3322.2022.72.20.

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The article addresses the problems of public law and private law terminology in the field of secret correspondence. There are any differences and conflicts in the application of terms in international legal acts and in the national legislation of Ukraine were revealed. It was found out that the constitutional right of a person to the secrecy of correspondence, phone conversations and correspondence is the only right, which should be called the right to secrecy of correspondence. In the field of public law, a person's right to secrecy of correspondence is protected by establishing prohibitions, forms and measures of responsibility for their violation. In the field of private law, protection of the right to secrecy of correspondence is carried out by defining the positive content of this right and granting a person specific powers to implement it. According to the norms of constitutional and criminal legislations, the object of the right to secrecy is the exchange of letters, telephone conversations and correspondence, while in the norms of civil legislation such an object is "correspondence", which covers all types and means of communication used by a person, including telephone conversations, any exchange of letters, etc. In the texts of regulatory legal acts, the terms "private life" and "personal life" are used as identical. At the same time, the norms of criminal procedural law establish the «right to communication», which is not found in the norms of civil legislation, nor in the doctrine of private law, where the "right to privacy" is widely used. According to international law, secrecy of correspondence is an element of the right to privacy, but this idea is not embodied in the provisions of the legislation of Ukraine, where the right to secrecy of correspondence is protected as an independent right of a person. The right of a person to secrecy of correspondence in its content is related to the concept of a person's private life and is undoubtedly an element of his private life. Therefore, regardless of the content of the correspondence, the privacy of each person's correspondence must be protected to the same extent as the right to respect for private life is protected.

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Burningham, Sarah. "Cell therapy research and innovation." Medical Law International 12, no. 3-4 (December 2012): 204–34. http://dx.doi.org/10.1177/0968533213479792.

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This paper discusses the privacy challenges associated with cell therapy research and related innovations. A review of privacy issues identified in the academic literature reveals both theoretical and practical challenges. The author considers the governance of privacy issues in this context by Canadian legislative, jurisprudential and ethical privacy frameworks, paying particular attention to the application of data protection legislation to tissue research. The author briefly examines relevant international instruments and the approaches by the United Kingdom and the United States. The current Canadian regulatory framework, as applied to cell therapy research, fails to provide robust, comprehensive privacy protection.

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Barnett, Jeff. "The Impact of Privacy Legislation on Patient Care." International Journal of Information Security and Privacy 2, no. 3 (July 2008): 1–17. http://dx.doi.org/10.4018/jisp.2008070101.

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Gershon, A. S., and J. V. Tu. "The effect of privacy legislation on observational research." Canadian Medical Association Journal 178, no. 7 (March 25, 2008): 871–73. http://dx.doi.org/10.1503/cmaj.061353.

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Hove, Erik Van. "The Legislation on Privacy Protection and Social Research." Computers in Human Services 12, no. 1-2 (April 16, 1996): 53–67. http://dx.doi.org/10.1300/j407v12n01_06.

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EDWARDS, JANICE G., S. ROBERT YOUNG, KAREN A. BROOKS, JANE H. AIKEN, ELIZABETH D. PATTERSON, and S. TRAVIS PRITCHETT. "Developing Genetic Privacy Legislation: The South Carolina Experience*." Genetic Testing 2, no. 1 (January 1998): 37–41. http://dx.doi.org/10.1089/gte.1998.2.37.

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Jaeger, Ami S., and William F. Mulholland. "Impact of Genetic Privacy Legislation on Insurer Behavior." Genetic Testing 4, no. 1 (March 19, 2000): 31–42. http://dx.doi.org/10.1089/109065700316444.

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Corones, Stephen, and Juliet Davis. "Protecting Consumer Privacy and Data Security: Regulatory Challenges and Potential Future Directions." Federal Law Review 45, no. 1 (March 2017): 65–95. http://dx.doi.org/10.1177/0067205x1704500104.

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This article considers the regulatory problems of online tracking behaviour, lack of consent to data collection, and the security of data collected with or without consent. Since the mid-1990s the United States Federal Trade Commission has been using its power under the United States consumer protection regime to regulate these problems. The Australian Competition and Consumer Commission (ACCC), on the other hand, has yet to bring civil or criminal proceedings for online privacy or data security breaches, which indicates a reluctance to employ the Australian Consumer Law (‘ACL’) in this field.1 Recent legislative action instead points to a greater application of the specifically targeted laws under the Privacy Act 1988 (Cth) (‘Privacy Act’), and the powers of the Office of the Australian Information Commissioner (OAIC), to protect consumer privacy and data security. This article contends that while specific legislation setting out, and publicly enforcing, businesses’ legal obligations with respect to online privacy and data protection is an appropriate regulatory response, the ACL's broad, general protections and public and/or private enforcement mechanisms also have a role to play in protecting consumer privacy and data security.

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Keenan, Rachel. "Image Rights and Privacy Law – A Summary of the UK Position." Business Law Review 30, Issue 5 (May 1, 2009): 110–15. http://dx.doi.org/10.54648/bula2009024.

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This article looks at privacy law in the US, Germany and France before providing a summary of the case law which suggests the emergence of a privacy law in the UK through the expanded and developed areas of law such as breach of confidence, data protection and human rights in order to offer individuals some form of protection over private aspects of their lives where specific privacy legislation has not done so.

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Hussong, Sharon J. "Medical Records and Your Privacy: Developing Federal Legislation to Protect Patient Privacy Rights." American Journal of Law & Medicine 26, no. 4 (2000): 453–74. http://dx.doi.org/10.1017/s0098858800011242.

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In 1997, Judi Selig, a secretary for a South Carolina machinery firm, probably did not anticipate her employer's extreme reaction to her medical history. When her employer discovered that Ms. Selig had been exposed to hepatitis several years before, it demanded that she undergo a blood test and sign a medical release form so that the doctors in the employer's health plan could access her records. When Ms. Selig consented to the test but refused to sign the release form, her employer punished her by suspending her for a week without pay. Ms. Selig quit the company mainly because it threatened her privacy.

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Ásványi, Zsófia. "Technology vs privacy at work." Management 27, no. 2 (December 22, 2022): 261–82. http://dx.doi.org/10.30924/mjcmi.27.2.14.

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Employees' right to privacy and employers' extensive need for work-related information collide. The imbalance of authority between employers and employees and the doctrine of managerial prerogative determines the outcome of these competing interests, and therefore the right to privacy requires statutory protection. The study aims to examine the legislative (hard law) and law enforcement (soft law) achievements of European and Hungarian initiatives on organizational labor control mechanisms and to understand their possible limitations concerning the doctrine of managerial prerogative. The research method was a thematic document and literature review of appropriate legislation and case law records from the European Court of Human Rights, the Hungarian Supreme Court, and the Hungarian National Authority for Data Protection and Freedom of Information. The research results confirmed our hypothesis: current legal instruments seem to limit the control mechanisms of organizations, both in terms of content and process. However, rapid technological innovations make employee privacy a moving target, where the law provides only temporary and limited protection.

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Davis, Megan. "Too Much Too Soon? A Case for Hesitancy in the Passage of State and Federal Password Protection Laws." Pittsburgh Journal of Technology Law and Policy 14, no. 2 (May 23, 2014): 253–72. http://dx.doi.org/10.5195/tlp.2014.142.

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Recently, significant attention has been given to employers’ concern and involvement over employees’ use of social media. The amount of attention given to social media has resulted in a number of proposed federal laws and multiple state laws discussing employers’ involvement and participation in employees’ social media use. The purpose of this note is to advocate for a more hesitant legislative stance toward social media password protection laws in an effort to avoid unnecessarily over-legislating in an area of privacy law that is still developing. While the author does not make an outright rejection of such legislation, the author argues that the speed and political vigor with which lawmakers are moving forward with such statutes raises the risk of statutory ambiguity, confusion amongst affected parties, and unnecessary burdens on employers. The note provides a thorough review of current trends in employers asking for social media login information, current legislation protecting employees’ social media use, and proposed legislation meant to combat an employer’s ability to obtain social media information.

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Gibbons, Graeme D. "Clinical Pastoral Education and Post Privacy Legislation: An Australian Perspective." Journal of Pastoral Care & Counseling: Advancing theory and professional practice through scholarly and reflective publications 57, no. 3 (September 2003): 319–28. http://dx.doi.org/10.1177/154230500305700307.

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Recently introduced privacy legislation in Australia has required that professional associations approaching education from the perspective of human cases review their standards and develop new policies and procedures to protect the privacy of individuals. In this article, the author explores the disruption created for Clinical Pastoral Education by the introduction of these privacy laws, demonstrates that it is possible to be loyal to both a commitment to privacy and learning from “living human documents,” develop strategies for changing the educational culture, and establish new procedures, strategies, and policy.

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Găbudeanu, Larisa, Iulia Brici, Codruța Mare, Ioan Cosmin Mihai, and Mircea Constantin Șcheau. "Privacy Intrusiveness in Financial-Banking Fraud Detection." Risks 9, no. 6 (June 1, 2021): 104. http://dx.doi.org/10.3390/risks9060104.

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Specialty literature and solutions in the market have been focusing in the last decade on collecting and aggregating significant amounts of data about transactions (and user behavior) and on refining the algorithms used to identify fraud. At the same time, legislation in the European Union has been adopted in the same direction (e.g., PSD2) in order to impose obligations on stakeholders to identify fraud. However, on the one hand, the legislation provides a high-level description of this legal obligation, and on the other hand, the solutions in the market are diversifying in terms of data collected and, especially, attempts to aggregate data in order to generate more accurate results. This leads to an issue that has not been analyzed yet deeply in specialty literature or by legislators, respectively, the privacy concerns in case of profile building and aggregation of data for fraud identification purposes and responsibility of stakeholders in the identification of frauds in the context of their obligations under data protection legislation. This article comes as a building block in this direction of research, as it contains (i) an analysis of existing fraud detection methods and approaches, together with their impact from a data protection legislation perspective and (ii) an analysis of respondents’ views toward privacy in case of fraud identification in transactions based on a questionnaire in this respect having 425 respondents. Consequently, this article assists in bridging the gap between data protection legislation and implementation of fraud detection obligations under the law, as it provides recommendations for compliance with the latter legal obligation while also complying with data protection aspects.

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Parks, Andrew. "Unfair Collection: Reclaiming Control of Publicly Available Personal Information from Data Scrapers." Michigan Law Review, no. 120.5 (2022): 913. http://dx.doi.org/10.36644/mlr.120.5.unfair.

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Rising enthusiasm for consumer data protection in the United States has resulted in several states advancing legislation to protect the privacy of their residents’ personal information. But even the newly enacted California Privacy Rights Act (CPRA)—the most comprehensive data privacy law in the country— leaves a wide-open gap for internet data scrapers to extract, share, and monetize consumers’ personal information while circumventing regulation. Allowing scrapers to evade privacy regulations comes with potentially disastrous consequences for individuals and society at large. This Note argues that even publicly available personal information should be protected from bulk collection and misappropriation by data scrapers. California should reform its privacy legislation to align with the European Union’s General Data Privacy Regulation (GDPR), which requires data scrapers to provide notice to data subjects upon the collection of their personal information regardless of its public availability. This reform could lay the groundwork for future legislation at the federal level.

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Parks, Andrew. "Unfair Collection: Reclaiming Control of Publicly Available Personal Information from Data Scrapers." Michigan Law Review, no. 120.5 (2022): 913. http://dx.doi.org/10.36644/mlr.120.5.unfair.

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Rising enthusiasm for consumer data protection in the United States has resulted in several states advancing legislation to protect the privacy of their residents’ personal information. But even the newly enacted California Privacy Rights Act (CPRA)—the most comprehensive data privacy law in the country— leaves a wide-open gap for internet data scrapers to extract, share, and monetize consumers’ personal information while circumventing regulation. Allowing scrapers to evade privacy regulations comes with potentially disastrous consequences for individuals and society at large. This Note argues that even publicly available personal information should be protected from bulk collection and misappropriation by data scrapers. California should reform its privacy legislation to align with the European Union’s General Data Privacy Regulation (GDPR), which requires data scrapers to provide notice to data subjects upon the collection of their personal information regardless of its public availability. This reform could lay the groundwork for future legislation at the federal level.

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Sidgman, Juergen, and Malcolm Crompton. "Valuing Personal Data to Foster Privacy: A Thought Experiment and Opportunities for Research." Journal of Information Systems 30, no. 2 (February 1, 2016): 169–81. http://dx.doi.org/10.2308/isys-51429.

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ABSTRACT Despite the efforts of regulatory bodies and the private sector, effective protection of personal data through legislation and business self-regulation efforts remains elusive. Privacy legislation is difficult because the flow of data is difficult to predict. Businesses tend to be ineffective at data protection because, generally, they misunderstand the value of the data they possess. Businesses, therefore, do not invest enough in protecting the undervalued asset and data are not managed to reflect their importance to organizations, individuals, and markets. This paper presents the argument that to understand data properly and to improve privacy protection, data must be valued. The paper also elaborates on major impediments to the valuation of data, as well as advantages of overcoming these impediments. In light of the paucity of both privacy and data valuation studies by accounting scholars, the paper also identifies opportunities for research.

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Hendriks, Aart C., and Rachèl E. van Hellemondt. "Regulating Privacy and Biobanks in the Netherlands." Journal of Law, Medicine & Ethics 44, no. 1 (2016): 68–84. http://dx.doi.org/10.1177/1073110516644200.

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The Netherlands does not have any specific legislation pertaining to human biological materials and data collection by biobanks. Instead, these issues are governed by a patchwork of laws, codes of practices, and other ethical instruments, where special emphasis is given to the right to privacy and self-determination. While draft legislation for biobanking was scheduled to enter into force in 2007, as of mid-2015 such legislation was still under consideration, with the intent that it would focus particularly on individual self-determination, the interests of research, the use of bodily materials collected by biobanks for criminal law purposes, and dilemmas around results that are clinically relevant for biobank participants. Under the current framework, the amount of privacy protection afforded to data is linked to its level of identifiability. International sharing of personal data to non-EU/European Economic Area countries is allowed if these countries provide adequate protection.

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Draper, Diane. "Preparing for New Health Privacy Legislation in Rural Australia." Health Information Management 31, no. 2 (June 2003): 15–17. http://dx.doi.org/10.1177/183335830303100210.

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This Rural Professional Practice item describes the benefits of a collaborative, regional approach to implementing new health privacy legislation. Videoconferencing has been adopted to surmount the problems of long-distance communication between the Privacy Officers of 11 regional health services spread throughout a large region of south-eastern Australia.

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López Jiménez, David, Patricia Vargas Portillo, and Eduardo Carlos Dittmar. "SAFEGUARDING PRIVACY IN SOCIAL NETWORKS." Law, State and Telecommunications Review 12, no. 1 (April 21, 2020): 58–76. http://dx.doi.org/10.26512/lstr.v12i1.31238.

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Purpose ”“ The purpose is to examine the degree of privacy protection in the social networking field. In this sense, we analyze the benefits of the self-regulation of the industry as a complement to the regulations. Methodology/approach/design ”“ We study the Spanish and the European regulations regarding personal data protection with respect to social networks. Findings ”“ The legislative regulations on this subject are insufficient due to their intrinsic limitations in the field. Therefore, we should encourage the approval of good legislation that complements and fills the gaps. Practical implications ”“ The advantages that are derived from the research on this subject are useful for service providers and the public and private sectors in the information society. Therefore, they are useful for society in general. Originality/value ”“ This research article includes the examination of the general utility of society. The aspects that are addressed are applicable to the industry and those who use social networks. The government must prevent infractions that damage consumers and/or users.

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Hoppe, Nils. "Privacy Laws and Biobanking in Germany." Journal of Law, Medicine & Ethics 44, no. 1 (2016): 35–44. http://dx.doi.org/10.1177/1073110516644188.

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While the possibility of enacting a sui generis Biobank Act has been debated in Germany at great length, as of yet the country has not implemented any biobankspecific legislation. Instead, oversight is available via a network of research and privacy laws, including those of the European Union. The Nationale Kohorte, Germany's large-scale, population-based epidemiological research biobank, is funded by the Federal Ministry of Education and Research, and there are currently 108 registered bio-banks throughout Germany. The current system, including the structure and study design of the Nationale Kohorte, privileges the protection of personal information even at the cost of socially desirable research; it remains to be seen if forthcoming legislation will shift this balance.

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Detmer, D. "Counterpoint. Your privacy or your health - will medical privacy legislation stop quality health care?" International Journal for Quality in Health Care 12, no. 1 (February 1, 2000): 1–3. http://dx.doi.org/10.1093/intqhc/12.1.1.

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Mayer-Schönberger, Viktor. "The internet and privacy legislation: Cookies for a treat?" Computer Law & Security Review 14, no. 3 (May 1998): 166–74. http://dx.doi.org/10.1016/s0267-3649(98)80024-1.

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Bagheri, Parviz, and Kamal Halili Hassan. "Data Privacy in Electronic Commerce: Analysing Legal Provisions in Iran." Journal of Politics and Law 9, no. 7 (August 30, 2016): 133. http://dx.doi.org/10.5539/jpl.v9n7p133.

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This article discusses the legal protection of data privacy in electronic commerce in Iran. Currently, there is a gap in respect of data privacy protection in Iran as there is no specific privacy legislation in force. Consequently, e-consumers dealing in internet commerce are less protected. However there are rules and regulations in the laws in Iran such as the Islamic Republic (IR) of Iran Constitution, Computer Crimes Act, Penal Code, and Civil Liability Act which relate to privacy in general, although not directly related to data privacy in e-commerce. The Electronic Commerce Law (ECL) is the main legislation in Iran which contains some provisions on personal data privacy. This article discusses the relevant provisions in the ECL pertaining to data messages and privacy and interprets its various meanings to determine whether they are in line with well established principles found in good data privacy protection measures.

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Dzurenda, Petr, Florian Jacques, Manon Knockaert, Maryline Laurent, Lukas Malina, Raimundas Matulevicius, Qiang Tang, and Aimilia Tasidou. "Privacy-preserving solution for vehicle parking services complying with EU legislation." PeerJ Computer Science 8 (December 15, 2022): e1165. http://dx.doi.org/10.7717/peerj-cs.1165.

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Today, many modern cities adopt online smart parking services as best practices. Citizens can easily access these services using their smartphones or the infotainment panels in their cars. These services’ primary objective is to give drivers the ability to quickly identify free parking slots, which should reduce parking time, save fuel, and relieve traffic in urban areas. However, the privacy offered by these services should be comparable to that of the standard paper-based parking solutions offered by parking ticket machines. On the other hand, a privacy-preserving smart parking service’s design may raise a number of issues, including how to prevent double or multiple uses of parking tickets, how to prevent user tracking and profiling, how to revoke malicious users, how to handle data statistics without violating users’ privacy, and how to comply with regulations like the General Data Protection Regulation (GDPR). In this article, we present multidisciplinary research on a comprehensive vehicle parking system that protects users’ privacy. The research includes a range of topics, from the examination of regulatory compliance to the design of privacy-preserving parking registration and vehicle parking services to the implementation of privacy-preserving parking data processing features for data analysts. We provide a security analysis of our concept as well as several experimental results.

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Khomichov, I. O. "The compliance of the anti-corruption legislation of Ukraine to the person's right to privacy." Legal horizons, no. 22 (2020): 47–51. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p47.

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The article is devoted to the study of the compliance of the rights and obligations of the person authorized to perform the functions of the state or local government to the right to respect for private life, including the submitting and publishing property declaration. The author determines the approaches of national and foreign researchers to the essence of the concept of the right to privacy and concludes that it is a natural right, that includes the right to respect for private and family life, housing and correspondence. The norms of the Constitution of Ukraine and the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 concerning the human right to privacy are revealed. It іs determined that one of the main reasons for the need to introduce in Ukraine the institution of declaring for officials of public authorities is the obligation of Ukraine to comply with the United Nations Convention against Corruption, and found that domestic law is stricter than the Convention. It is concluded that human rights are the priority area of state protection, so the requirements of anti- corruption legislation on disclosure of information about personal and family life of persons, authorized to perform state and local government functions, in the declaration and access of such information is a violation of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Art. 8, 32 of the Constitution of Ukraine. The author affirms that the disclosure of such a volume of information about any person is an indisputable violation of his right to privacy and family life. Key words: the right to privacy; the right to respect for private and family life; a person authorized to perform the functions of the state and local self-government; declaration; prevention of corruption.

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Okechukwu Ukwueze, Festus, and Justin Ibegbulem. "DECONSTRUCTING NIGERIA’S DATA PROTECTION REGIME FROM CONSUMER PROTECTION PERSPECTIVE." Law, State and Telecommunications Review 13, no. 1 (May 26, 2021): 94–118. http://dx.doi.org/10.26512/lstr.v13i1.31850.

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Purpose – The purpose of this paper is to make a case for the recognition of privacy and personal data protection as species of consumer rights in Nigeria in line with the revised United Nations Guidelines for Consumer Protection (UNGCP) by amending existing laws or enacting a new law to provide for personal data protection regime for consumers. Methodology/Approach/Design – The study follows a structured review of relevant extant legislation on consumer protection and personal data protection, namely the Federal Competition and Consumer Protection Act 2018 (FCCPA) and the Nigeria Data Protection Regulation 2019 (NDPR). Findings – The paper identifies that the provisions of Nigeria’s foremost consumer protection legislation, FCCPA, does cover electronic commerce (e-commerce) or consumer privacy and personal data protection while the NDPR, subsidiary legislation on personal data protection, which is yet to be effectively implemented is too general as to provide the consumers the much-needed privacy protection in their dealings with businesses. Practical Implications–Given the importance Recognition of data privacy and personal data protection as a species of consumer rights helps in understanding consumer protection in online transactions and opens opportunities for future research on consumer privacy and data protection. Originality/Value – Given the importance attached to the protection of consumer privacy and the various ramifications of transactions involving exposure of consumers’ personal data, recognition of privacy consumers’ rights to privacy is vital in consolidating knowledge of consumer rights and identifying paths for future research.

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Ataei, Mehrnaz, Auriol Degbelo, Christian Kray, and Vitor Santos. "Complying with Privacy Legislation: From Legal Text to Implementation of Privacy-Aware Location-Based Services." ISPRS International Journal of Geo-Information 7, no. 11 (November 13, 2018): 442. http://dx.doi.org/10.3390/ijgi7110442.

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An individual’s location data is very sensitive geoinformation. While its disclosure is necessary, e.g., to provide location-based services (LBS), it also facilitates deep insights into the lives of LBS users as well as various attacks on these users. Location privacy threats can be mitigated through privacy regulations such as the General Data Protection Regulation (GDPR), which was introduced recently and harmonises data privacy laws across Europe. While the GDPR is meant to protect users’ privacy, the main problem is that it does not provide explicit guidelines for designers and developers about how to build systems that comply with it. In order to bridge this gap, we systematically analysed the legal text, carried out expert interviews, and ran a nine-week-long take-home study with four developers. We particularly focused on user-facing issues, as these have received little attention compared to technical issues. Our main contributions are a list of aspects from the legal text of the GDPR that can be tackled at the user interface level and a set of guidelines on how to realise this. Our results can help service providers, designers and developers of applications dealing with location information from human users to comply with the GDPR.

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Svadeba, N. I. "Individual’s right to privacy protection." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 128–32. http://dx.doi.org/10.24144/2307-3322.2021.65.23.

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The article is devoted to the individual’s right to privacy protection and the study of legal consolidation of the individual’s right to privacy of communication problems. Issues of respect for private life, generalized norms of procedural legislation of Ukraine and the European Court of Human Rights decisions on the admissibility of inter-ference by investigators in private life are studied there.The normative legal acts that regulate the procedure for obtaining the consent of an individual to the processing of his / her data are considered and researched there. On the basis of author’s conclusions the concerning improvement of the legislation in the field of data collection of physical persons - businessmen are substantiated. The article characterizes the basic principles of international legislation on the legal protection of information with limited access and foreign experience of its implementation. The positions of scientists on the protection of an individual’s personal life are analyzed. The positive novelties of the Law of Ukraine “On Personal Data Protection”, as well as the gaps in it are analyzed there. It was found that the consent of the personal data subject is the voluntary expression of the individual’ will (provided that the person is informed) to grant permission for the processing of his / her personal data in accordance with the stated purpose of its processing. The notion of unreliable information and the composition of the offense in the dissemination of such information are studied. Judicial practice is analyzed, in particular, the Supreme Court of Ukraine notes that the legal composition of the offense in the dissemination of inaccurate information is a set of circumstances such as dissemination of information, that is bringing it to the notice of at least one person in any way; the information disseminated relates to a specific individual or legal person, that is the plaintiff; dissemination of unreliable information. It is made generalizations of the experience formed in Ukraine and abroad concerning protection of individual’s private life. The conditions of application of refutation of unreliable information for protection of individual’s right to private life from the infringements which arise as a result of distribution of such information are studied there.

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Lateef, Misbau Alamu, Lawrence O. Taiwo, and Ademola Adeyoju. "Examining the Powers of the NITDA to Enforce Data Protection Laws in Nigeria." Global Privacy Law Review 3, Issue 2 (May 1, 2022): 89–97. http://dx.doi.org/10.54648/gplr2022009.

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In Nigeria, the right to privacy is protected under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria by providing that: ‘[t]he privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected. A host of other general and sector-specific legislation serves to safeguard (informational) privacy. A number of these legislations, including especially the 2019 Nigeria Data Protection Regulation (NDPR)—currently the most comprehensive of all existing informational privacy/data protection laws – is made and enforced by the country’s foremost information technology agency, i.e., the National Information Technology Development Agency (NITDA). However, there have arisen controversies regarding the powers of the NITDA to make or enforce data protection laws in Nigeria. To frame the question more clearly, it has been asked whether the NITDA has the power to enforce data protection requirements and penalties stipulated in the 2007 NITDA Act and the NDPR. This article (1) examines the role of the NITDA in data protection; (2) considers the validity of the NITDA Act, the NDPR (and other subsidiary legislation); and (3) contemplates the power of the NITDA to issue sanctions in case of non-compliance by affected entities. This article questions certain fundamental assumptions around the formulation, interpretation, and application of Nigeria’s data protection laws. Our contribution effectively lays to rest controversies surrounding NITDA’s powers of enforcement – a conclusion, which, in our opinion, remains valid until a contradictory legal judicial position, is declared. Nigeria, Nigeria Data Protection Regulation, NDPR, National Information Technology Development Agency, NITDA, Data Protection, Privacy

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Menosky, Alexandra. "Walk Out Technology: The Need to Amend Section 5 of the Federal Trade Commission Act to Protect Consumer Privacy and Promote Corporate Transparency." Pittsburgh Journal of Technology Law and Policy 17, no. 1 (July 6, 2017): 35–52. http://dx.doi.org/10.5195/tlp.2017.200.

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While the FTC can and has brought claims under Section 5 of FTC Act, there is a new need for federal legislation to be more specifically targeted toward online stores and physical stores that abuse the technology to track consumers. Companies need legislative guidelines on what information they can collect from consumers, what they can do with this information and how transparent they must be with consumers. The FTC’s reports are helpful to protect privacy, if companies actually follow them. There is a great need to amend Section 5 of the FTC to deal with consumer privacy in this new autonomous retail world. Amazon's "Just Walk Out" technology should not give Amazon the opportunity to walk all over consumers’ privacy.

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Journal articles on the topic 'Privacy legislation'

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