4,844 results on '"personal data"'
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2. ПРОБЛЕМА ЗАХИСТУ ПЕРСОНАЛЬНИХ ДАНИХ В КІБЕРПРОСТОРІ
- Author
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В. В., Аніщук
- Subjects
DATA protection ,DIGITAL technology ,PERSONALLY identifiable information ,CYBERSPACE ,DATA security ,CYBERTERRORISM - Abstract
In today's digital world, where the amount of information that is stored and processed in cyberspace is constantly growing, the issue of personal data protection is becoming more and more relevant. Personal data, such as financial information, medical records, and social media data, is a valuable resource that can be used for both legitimate and malicious purposes. Despite the continuous improvement of security technologies, the growing complexity of cyber threats and the evolution of cyber attack methods create new challenges for the protection of personal information. In this connection, there is a need to analyze the modern problems of personal data protection, in particular the legal, technical and ethical aspects of this issue. Ensuring the security of personal data remains an urgent problem today, because more and more people use it. On the Internet, they pass authorization on various resources, using their personal data for this purpose, and more and more different institutions create peculiar databases, not always taking care of their safety. The insufficient measure of ensuring the security of personal data in cyberspace leads to excessive activity of cyberattacks and the commission of various manipulations with personal data. The relevance of the topic of personal data protection in cyberspace is due to several important factors that have a significant impact on modern society, economy and security. The main aspects that emphasize the relevance of this issue: the growth of digitalization; cyber threats; legal requirements; social responsibility and trust; economic consequences; technological challenges; international relations and geopolitics. Thus, the relevance of the topic of personal data protection in cyberspace is due to the complexity and global nature of this issue, as well as its importance for preserving privacy, security and trust in the digital world. This article is aimed at researching key challenges in the field of personal data protection in cyberspace, as well as providing recommendations for increasing the level of security and minimizing the risks of information leakage. [ABSTRACT FROM AUTHOR]
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- 2024
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3. ЗНАЧЕННЯ ПЕРСОНАЛЬНИХ ДАНИХ У СФЕРІ ОХОРОНИ ЗДОРОВ'Я В УМОВАХ ІНФОРМАТИЗАЦІЇ
- Author
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І. В., Діордіца and І. А., Коваленко
- Subjects
DATA protection ,MEDICAL quality control ,HEALTH care reform ,MEDICAL databases ,INFORMATION storage & retrieval systems ,PERSONALLY identifiable information - Abstract
The work is devoted to the study of the problem of personal data protection in health care. Today, the world is dominated by a global socio-cultural process of informatization, which is based on the priority of collecting, accumulating, creating, processing, storing, exchanging and using information in any form. The growing demand for information technologies allowed modern science to characterize the new stage of society's development as an «information society». At the same time, the number of violations of the functioning of information carriers and information about a person is constantly increasing. It was emphasized that the sphere of healthcare and medicine was not an exception in the process of informatization of all spheres of human activity, which contributed and optimized the functioning and development of such spheres. The modern trend towards a rapid increase in the amount of data circulating in the information space has not escaped the sphere of health care, which has a high degree of vulnerability due to the sensitivity of data on the state of health of a person and a citizen. Nowadays, with the development of the information society, it is quite easy to identify a specific person and obtain confidential personal information about him. Therefore, issues of protection from third parties of personal data contained in centralized databases of medical information systems remain relevant. Reforms in health care, such as the introduction of electronic systems and changes in legislation, indeed generate a lot of scientific research in the field of personal data protection. This important aspect, after maintaining the confidentiality of medical information and the protection of personal data, is key to ensuring trust in the health care system. Research in this area may include evaluating the effectiveness of data protection measures, analyzing the risks of using electronic medical information processing systems, developing and improving data encryption and authentication methods, as well as studying legal aspects of personal data protection in health care. These studies help understand potential threats and identify best practices for ensuring the security and privacy of health information, which contributes to improving the quality of health care and increasing public confidence in the health care system. [ABSTRACT FROM AUTHOR]
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- 2024
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4. СПОСОБИ І МЕТОДИ АДМІНІСТРАТИВНО-ПРАВОВОГО ЗАХИСТУ ПЕРСОНАЛЬНИХ ДАНИХ В МЕРЕЖІ ІНТЕРНЕТ: ТЕОРЕТИЧНИЙ АНАЛІЗ ТА ПРАКТИЧНІ АСПЕКТИ
- Author
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Н. Т., Головацький
- Subjects
DATA protection ,DATA protection laws ,DIGITAL technology ,CIVIL rights ,PERSONALLY identifiable information ,ENVIRONMENTAL protection - Abstract
This scientific article comprehensively examines various methods and approaches to the administrative and legal protection of personal data in the online environment. Emphasis is placed on the importance of comprehensive application of various methods of protection, as well as on the need for constant improvement of legislation in this area, taking into account the development of new technologies and challenges. The article thoroughly studies the theoretical principles of administrative and legal protection of personal data. The concepts of «personal data» and «administrative protection» are studied in the context of this topic. The provisions of the current legislation of Ukraine and the European Union, which regulate the issue of personal data protection, are analyzed. The authors pay special attention to the activities of the Commissioner of the Verkhovna Rada of Ukraine for human rights in the field of personal data protection. The powers of the Commissioner are disclosed, as well as the procedures for carrying out inspections and applying measures for administrative termination of violations of legislation in the field of persona l data protection. An important aspect of the research is the analysis of administrative liability for violation of the legislation on personal data protection. Describes the types of violations for which administrative responsibility is provided. The article offers a number of recommendations for improving the administrative and legal protection of personal data in Ukraine. These include the adoption of new and amendments to current legislation that would more clearly regulate the issue of personal data protection in the online environment; ensuring adequate financing of the activities of the Commissioner of the Verkhovna Rada of Ukraine for human rights; conducting regular trainings and seminars for civil servants and business representatives on issues of personal data protection; strengthening cooperation with international organizations in the field of personal data protection. Based on the conducted research, the author concludes that administrative and legal methods of personal data protection are an important component of a comprehensive system of protection of human rights and freedoms in the digital environment. The effectiveness of personal data protection can be ensured only under the condition of comprehensive application of various methods, constant improvement of legislation and effective control over its compli ance. [ABSTRACT FROM AUTHOR]
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- 2024
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5. ВИКЛИКИ ПРАВОВОГО РЕГУЛЮВАННЯ ЕЛЕКТРОННОЇ КОМЕРЦІЇ В КОНТЕКСТІ ГЛОБАЛІЗАЦІЇ ЦИФРОВОЇ ЕКОНОМІКИ.
- Author
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Волинець, В. В.
- Subjects
CONSUMER protection ,HIGH technology industries ,CIVIL rights ,LEGAL norms ,ECONOMIC expansion ,PERSONALLY identifiable information - Abstract
E-commerce is a key aspect of the modern digital economy, which is actively developing in the context of globalization. The importance of e-commerce lies in its ability to promote economic growth, create new opportunities for entrepreneurship, and provide consumers with access to a wide range of goods and services. This article analyzes the legal regulation of e-commerce in the context of the globalization of the digital economy, examining the experience of countries such as the USA, Singapore, China, and the European Union. The article outlines the main principles of legal regulation of e-commerce under Ukraine's national legislation and highlights the key challenges facing legal regulation in this area. The experience of foreign countries shows that effective legal regulation of e-commerce is possible with the harmonization of legislation, enhanced protection of consumer rights and personal data, ensuring cybersecurity, and supporting innovation. The USA, Singapore, China, and the EU have different approaches to regulating e-commerce, but all aim to create a favorable legal environment for the development of this market segment. The article also examines the main features of legal relationships in the field of e-commerce, as defined by the Law of Ukraine "On E-commerce". It highlights the rights and obligations of participants in electronic transactions, the procedure for concluding electronic contracts, the protection of consumer rights and personal data, and the responsibility of participant s for non-fulfillment of their obligations. Based on the analysis of foreign experience and national legislation, recommendations are formulated for improving the legal regulation of e-commerce in Ukraine. Further research in this area may focus on studying new technological solutions and their impact on legal regulation, analyzing the effectiveness of existing legal norms, and developing recommendations for their improvement. [ABSTRACT FROM AUTHOR]
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- 2024
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6. ПРОЗОРІСТЬ ТА ЗГОДА ЯК ОСНОВНІ ПРИНЦИПИ ЗАХИСТУ ПЕРСОНАЛЬНИХ ДАНИХ В УКРАЇНІ.
- Author
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Н. Т., Головацький
- Subjects
GENERAL Data Protection Regulation, 2016 ,DATA protection ,PERSONALLY identifiable information ,ELECTRONIC data processing ,TRUST ,INFORMATION resources management - Abstract
The rapid digitization of the modern world has led to an increase in the collection and processing of personal data. The principles of transparency and consent have become crucial for citizens to understand how their data is being used and to be able to give their voluntary consent to its processing. Ukraine is actively adapting its legislation to EU standards in the field of personal data protection. In particular, the General Data Protection Regulation (GDPR) affects approaches to data collection and processing. Examining transparency and consent in the context of these changes can help identify which aspects of the law need special attention. Citizens are becoming increasingly cautious about who they trust with their data. This article analyzes and evaluates the role and impact of the principles of transparency and consent on the effective mechanism of personal data protection in Ukraine, taking into account modern technological and legislative challenges. Studying these principles demonstrates their importance and relevance in today’s digital society. The principle of transparency determines the need for accessible and understandable information for data subjects regarding the processing of their data. Openness is a fundamental requirement for maintaining trust between organizations and citizens. Providing the ability to control and regulate their data allows data subjects to play a more active role in the processing and use of their personal data. The principle of consent, in turn, emphasizes the voluntary and informed nature of consent to data processing. The consent of the data subject determines the basis for the legal processing of personal data, ensuring harmony between the rights of citizens and the interests of organizations. As technology advances and legislation changes, transparency and consent become even more important aspects. They help build trust between organizations and citizens, ensure responsible use of personal data, and empower individuals to control their own information. [ABSTRACT FROM AUTHOR]
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- 2024
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7. Secure semi‐automated GDPR compliance service with restrictive fine‐grained access control.
- Author
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Hashem Eiza, Max, Thong Ta, Vinh, Shi, Qi, and Cao, Yue
- Abstract
Sharing personal data with service providers is a contentious issue that led to the birth of data regulations such as the EU General Data Protection Regulation (GDPR) and similar laws in the US. Complying with these regulations is a must for service providers. For users, this compliance assures them that their data is handled the way the service provider says it will be via their privacy policy. Auditing service providers' compliance is usually carried out by specific authorities when there is a need to do so (e.g., data breach). Nonetheless, these irregular compliance checks could lead to non‐compliant actions being undetected for long periods. Users need an improved way to make sure their data is managed properly, giving them the ability to control and enforce detailed, restricted access to their data, in line with the policies set by the service provider. This work addresses these issues by providing a secure semi‐automated GDPR compliance service for both users and service providers using smart contracts and attribute‐based encryption with accountability. Privacy policies will be automatically checked for compliance before a service commences. Users can then upload their personal data with restrictive access controls extracted from the approved privacy policy. Operations' logs on the personal data during its full lifecycle will be immutably recorded and regularly checked for compliance to ensure the privacy policy is adhered to at all times. Evaluation results, using a real‐world organization policy and example logs, show that the proposed service achieves these goals with low time overhead and high throughput. [ABSTRACT FROM AUTHOR]
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- 2024
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8. An effective cloud computing model enhancing privacy in cloud computing.
- Author
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Chawki, Mohamed
- Subjects
- *
DATA privacy , *GENERAL Data Protection Regulation, 2016 , *TECHNOLOGICAL innovations , *LITERATURE reviews , *GEOGRAPHIC boundaries , *CLOUD computing - Abstract
Cloud computing revolutionizes global software, system, infrastructure, and storage accessibility, offering flexibility and cost-effectiveness. This paper explores the pivotal intersection of cloud computing and privacy, presenting a model to enhance cloud privacy. Beginning with an insightful introduction, the paper conducts a comprehensive exploration. A meticulous literature review addresses data privacy intricacies in the cloud context. The study navigates international dimensions of personal data processing, revealing global implications beyond geographical boundaries. Delving into cloud computing's impact on user privacy, it emphasizes the delicate balance between convenience and safeguarding sensitive information. The examination of inherent cloud computing challenges, both technical and legal. A deep dive into recent privacy concerns is complemented by dissecting legal challenges, emphasizing the General Data Protection Regulation's (GDPR) far-reaching impact on the cloud industry. Contributions include a legal and technological overview, technologies for privacy protection, and a global legal framework. The paper identifies challenges and offers information on resolving legal intricacies. Proposed strategies provide a roadmap for industry stakeholders to ensure compliance and mitigate risks. The manuscript concludes with a future perspective on cloud computing's evolving landscape, offering insights into shaping technological advancements. [ABSTRACT FROM AUTHOR]
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- 2024
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9. A Survey on Privacy of Personal and Non-Personal Data in B5G/6G Networks.
- Author
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Sandeepa, Chamara, Siniarski, Bartlomiej, Kourtellis, Nicolas, Wang, Shen, and Liyanage, Madhusanka
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- 2024
- Full Text
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10. Digital Violence Against Women: Is There a Real Need for Special Criminalization?
- Author
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Polyzoidou, Vagia
- Abstract
Social networking and rapid digital evolution have created a brand-new framework of human behaviours and habits. Of course, the majority of them already existed over the centuries but in a different form; as a result, conventional assaults towards legal interests of specific individuals have initially transformed into electronic and then into cyber(-)crimes (p.e. from conventional pornography to internet pornography or cyber/digital pornography including sometimes even virtual pornography via pseudo images and totally AI generated pictures). When discussion comes to gender-based violence, in particular violence against women and domestic violence, we realize that abuses and violations of their fundamental human rights could take place either online or offline; furthermore, both similarities and differences in old and new behaviours, and consequently in crime formations ("actus reus") and in perpetrators' "modus operandi" could easily be found and categorized. This paper will not discover the causes or the elements behind the various digital abuses against women; its first purpose is to gather the various crime behaviours against women and reach some conclusions by a methodically comparative bibliographic and legislative research. Besides, tackling gender-based violence –in particular violence against women and domestic violence- consists one of the main contemporary concerns of every liberal state. CoE's contribution to it –through Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) and Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) but even via ECHR's case law- is indisputable. At the same time, European Union is trying to end gender-based violence through its member states with a new legal instrument (a proposed Directive on combating violence against women and domestic violence), whose results are expected to be more direct and -hopefully- more effective. The main target of this paper is to present and examine the specific form of digital crime against women and girls as long as the majority of crimes nowadays takes place digitally; notwithstanding the fact that pandemic and post pandemic era have definitely determined criminals' modus operandi. At the end of the day, someone has to answer: how Criminal Law faces the new aforementioned behaviours, based on the fundamental theory of legal interest and leading to a justified (extra) standardization? And even more: where does this "plus" in penalties (: aggravation) for behaviours that combine characteristics of digital and gender-based criminality come from? [ABSTRACT FROM AUTHOR]
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- 2024
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11. BİYOMETRİK VE GENETİK VERİLERİN KORUNMASI KONUSUNDA AVRUPA KONSEYİ'NİN GENEL YAKLAŞIMI.
- Author
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ATAK, Songül
- Abstract
Copyright of Türkiye Adalet Akademisi Dergisi is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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- 2024
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12. Modelling user notification scenarios in privacy policies.
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Kuznetsov, Mikhail, Novikova, Evgenia, and Kotenko, Igor
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DATA privacy ,DATA security failures ,ELECTRONIC data processing ,INFORMATION policy ,CLOUD computing ,PERSONALLY identifiable information - Abstract
The processing of personal data gives a rise to many privacy concerns, and one of them is to ensure the transparency of data processing to end users. Usually this information is communicated to them using privacy policies. In this paper, the problem of user notification in case of data breaches and policy changes is addressed, besides an ontology-based approach to model them is proposed. To specify the ontology concepts and properties, the requirements and recommendations for the legislative regulations as well as existing privacy policies are evaluated. A set of SPARQL queries to validate the correctness and completeness of the proposed ontology are developed. The proposed approach is applied to evaluate the privacy policies designed by cloud computing providers and IoT device manufacturers. The results of the analysis show that the transparency of user notification scenarios presented in the privacy policies is still very low, and the companies should reconsider the notification mechanisms and provide more detailed information in privacy policies. [ABSTRACT FROM AUTHOR]
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- 2024
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13. Ethical, legal, and social implications in research biobanking: A checklist for navigating complexity.
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Tzortzatou‐Nanopoulou, Olga, Akyüz, Kaya, Goisauf, Melanie, Kozera, Łukasz, Mežinska, Signe, Th. Mayrhofer, Michaela, Slokenberga, Santa, Reichel, Jane, Croxton, Talishiea, Ziaka, Alexandra, and Makri, Marina
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SOCIAL impact , *RESEARCH ethics , *PERSONALLY identifiable information , *RESEARCH personnel , *MEDICAL research - Abstract
Biobanks' activity is based not only on securing the technology of collecting and storing human biospecimen, but also on preparing formal documentation that will enable its safe use for scientific research. In that context, the issue of informed consent, the reporting of incidental findings and the use of Transfer Agreements remain a vast challenge. This paper aims to offer first–hand tangible solutions on those issues in the context of collaborative and transnational biobanking research. It presents a four‐step checklist aiming to facilitate researchers on their compliance with applicable legal and ethical guidelines, when designing their studies, when recruiting participants, when handling samples and data, and when communicating research results and incidental findings. Although the paper reflects the outcomes of the H2020 B3Africa project and examines the transfers from and to the EU as a case study, it presents a global checklist that can be used beyond the EU. [ABSTRACT FROM AUTHOR]
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- 2024
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14. ПРАВОВІ АСПЕКТИ ПРИВАТНОСТІ ДІТЕЙ В ІНТЕРНЕТІ: БАЛАНС МІЖ ЗАХИСТОМ І СВОБОДОЮ
- Author
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Х. М., Марковим
- Abstract
The article is devoted to the study of legal aspects of protection of personal data of minors in the digital environment. In today's world, the development of information technologies and the widespread use of the Internet create new challenges for the legal system, in particular with regard to the protection of personal data of children and adolescents. The article analyzes national and international legislation regulating the protection of personal data of minors, in particular the provisions of the General Data Protection Regulation (GDPR) and Ukrainian legal acts. Different approaches to giving consent to the processing of personal data by minors are highlighted, in particular, the role of parents or legal representatives in this process. Existing methods of ensuring consent, such as double opt-in, as well as challenges associated with the practical implementation of these methods are considered. The article also outlines the risks children face online, including illegal data collection, including cyberbullying, phishing, child trafficking and other threats. The need to implement effective legal mechanisms for the protection of children on the Internet, which ensure both safety and freedom of information activity, is emphasized. Ensuring the security of personal data of minors in the digital environment should become one of the priority tasks of modern legal regulation, which requires a comprehensive approach and integration of the best international practices. The author concludes that the effective protection of children's personal data requires a balanced approach that would combine a high level of security with respect for the rights and freedoms of the child in the digital environment. Increasing the level of digital literacy among children and their parents, as well as creating an appropriate legal infrastructure, are important factors that will contribute to reducing risks in the digital environment. The integration of such approaches into the national legal system should become a priority to ensure the sustainable development of the information society. Successful implementation of these initiatives will not only reduce potential threats to children, but also contribute to the formation of a safe and responsible information space for future generations. [ABSTRACT FROM AUTHOR]
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- 2024
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15. Algerian E-Commerce Firms' Collection and Usage of Customers' Personal Data: An Exploratory Study.
- Author
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Narimene, Assi Zahra and Amine Mehdi, Khelladi Mohammed
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ELECTRONIC commerce ,BUSINESS enterprises ,CONSUMERS ,PERSONALLY identifiable information ,COMPUTER programming - Abstract
This study aims to identify the personal data collection and usage practices implemented by Algerian e-commerce companies. To achieve this, we adopt an exploratory approach based on a content analysis of the privacy policies available on the websites of 126 firms. The content is quantitatively assessed through coding and frequency counting, enabling a descriptive analysis. The results reveal a primary focus on the direct collection of identifying data, associated with a predominantly internal use for service provision. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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16. The Interplay between the AI Act and the GDPR: Part II – Compliance Challenges for AI Systems That Use Personal Data.
- Author
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Drouard, Etienne, Kurochkina, Olga, Schlich, Rémy, and Ozturk, Daghan
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ARTIFICIAL intelligence ,GENERAL Data Protection Regulation, 2016 ,DATA protection ,TECHNOLOGY ,DATA privacy - Abstract
This second part of the 'Interplay between AI Act and GDPR' series (collectively, 'Study'), builds upon the first part titled 'When and How to Comply with Both'. It addresses specifically the legal basis challenges for 'AI systems', 'general-purpose AI models' and 'general-purpose AI systems' ('AI system'), and in particular applicability of the legitimate interests legal basis and its impacts on data minimisation, purpose limitation / compatibility, and data subjects' rights. In the recent years, personal data protection regulators have been focusing on consent as a preferred legal basis for different technologies and specific types of processing. However, to support the development of trustworthy AI, there is a need to shift toward the legal basis of legitimate interests, though its success hinges on how regulators interpret it in the context of AI. Cooperation between AI and data privacy regulators across the EU is crucial to ensure harmonised solutions that protect data rights while fostering innovation and legal clarity. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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17. ПРАВОВА ОХОРОНА ПЕРСОНАЛЬНИХ ДАНИХ У СФЕРІ ОХОРОНИ ЗДОРОВ'Я В УКРАЇНІ
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І. В., Діордіца, І. А., Коваленко, and О. М., Коваль
- Abstract
The growing number of breaches of the privacy and security of electronic data is raising outrage and concern among users and professionals in many industries, particularly in the medical field. Risks associated with insufficient security of medical data include the possibility of unauthorized access to personal medical information, its falsification, as well as the disclosure of confidential data without the consent of patients. This can have serious consequences for patients, including violations of their privacy, fear of losing confidential information, and even the possibility of inaccurate diagnosis or treatment due to falsification of medical records. Therefore, to protect medical data and ensure their confidentiality, it is necessary to pay special attention to the implementation of appropriate cyber security measures and compliance with relevant legal norms and standards. This includes the development of modern data encryption technologies, regular training of medical personnel on cyber security issues, as well as strict implementation of regulations on the protection of confidential information. Confidentiality of medical information in the field of health care must be considered in the context of a wide range of cultural, social and religious beliefs and traditions. Some medical data can be particularly sensitive and private, such as information about reproductive health, mental disorders, HIV/AIDS treatment, and adolescent health services. According to the Law of Ukraine «On Protection of Personal Data» personal data is information or a set of information about a natural person who is identified or can be specifically identified. Article 2 of the 1981 Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data defines personal data as any information relating to a specifically identified person or a person who can be specifically identified. This means that any information that allows or can allow the identification of a specific person is considered personal data and is subject to protection under this convention. This definition is a general standard used in many countries and international legal acts to ensure the protection of privacy and confidentiality of personal data. It covers a wide range of information, including name, address, phone number, email, health information, financial information, and much more. [ABSTRACT FROM AUTHOR]
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- 2024
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18. الإطار القانوني للمعالجة الإلكترونية للبيانات الشخصية دراسة تحليلية مقارنة 2022.
- Author
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محمد طلعت يدك
- Subjects
DATA protection ,PERSONALLY identifiable information ,DATA privacy ,CRIMINAL liability ,CIVIL liability - Abstract
Copyright of Journal of Sharia & Law is the property of United Arab Emirates University, College of Law, Sharia & Law Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
19. Thin privacy boundaries: proximity and accessibility of E-commerce privacy policy in young consumers of Indonesia.
- Author
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Yuniar, Ananda Dwitha
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DATA privacy ,YOUNG consumers ,INTERNET privacy ,METROPOLIS ,PERSONALLY identifiable information - Abstract
Purpose: Privacy is a sensitive issue in business because it involves how a platform uses consumer personal data. In terms of consumer rights, personal information needs to be protected in the privacy policy (PP). This study describes several aspects of the PP that consumers need to pay attention to, especially points prone to misuse of personal information. Design/methodology/approach: This research used a taxonomy of consumer privacy concerns in e-commerce to reveal general and specific privacy concerns. The privacy calculus theory was also applied to explore consumer rationalization using (1) consumer knowledge about PP, (2) subjective perception, and (3) proximity to the PP features. Furthermore, the netnographic approach was used to combine the interrelation between technology and social construction. A sample of 378 young consumers in several major cities in Indonesia participated online and offline. Semi-structured interviews were also conducted to gain more in-depth comprehension. Findings: The results showed that most young consumers have sufficient basic knowledge of the important points of PP. Furthermore, they tend not to read the PP because it is long and cumbersome, and therefore do not wish to expend much cognitive effort on it. Originality/value: This study provides several results that can be utilized by policymakers or e-commerce companies to pay more attention to PPs for young groups. In addition, e-commerce companies can increase the knowledge of the privacy situation of Internet users in general. Peer review: The peer review history for this article is available at: https://publons.com/publon/10.1108/IJSE-11-2022-0740 [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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20. Right to Privacy in Digital Technology Act: Issues and Policy in India.
- Author
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Gupta, Alok Kumar
- Subjects
DATA privacy ,DATA protection laws ,RIGHT of privacy ,DIGITAL technology ,PRIVATE sector ,PERSONALLY identifiable information - Abstract
The privacy of individuals, with the advent of digital technology and information age, has brought several new issues to the fore. Most countries in the world are facing this problem, as they are finding it difficult to strike a balance among the interests of citizens, government, national security, businesses and the corporate sector. The revolutionary growth of digital technology has led to violations of the right to privacy of individuals, which governments have been finding difficult to address. Underlying complexities are growing, given the dynamism of technology and the slowness of legal evolution, as the two are not able to keep pace. Individuals are at the mercy of the state and its agencies, which severely undermines democracy and the democratic ethos of the social, psychological and economic lives of citizens. India is no exception to the problem. Hence, the author has endeavoured to explore the concept of privacy and its changing dimensions, along with legal and policy responses within India. [ABSTRACT FROM AUTHOR]
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- 2024
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21. Protection of Personal Data in the Context of E-Commerce.
- Author
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Morić, Zlatan, Dakic, Vedran, Djekic, Daniela, and Regvart, Damir
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DATA protection ,ELECTRONIC commerce ,DATA security ,ONLINE shopping ,GENERAL Data Protection Regulation, 2016 - Abstract
This paper examines the impact of stringent regulations on personal data protection on customer perception of data security and online shopping behavior. In the context of the rapidly expanding e-commerce landscape, ensuring the security of personal data is a complex and crucial task. The study of several legal frameworks, including Malaysia's compliance with EU regulations and Indonesia's Personal Data Protection Law, provides valuable insights into consumer data protection. The challenges of balancing data safeguarding and unrestricted movement and tackling misuse by external entities are significant and require careful consideration. This research elucidates the pivotal role of trust in e-commerce environments and the deployment of innovative e-commerce models designed to minimize personal data sharing. By integrating advanced privacy-enhancing technologies and adhering to stringent regulatory standards such as the GDPR, this study demonstrates effective strategies for robust data protection. The paper contributes to the academic discourse by providing a comprehensive framework that synergizes legal, technological, and procedural elements to fortify data security and enhance consumer trust in digital marketplaces. This approach aligns with international data protection standards and offers a pragmatic blueprint for achieving sustainable data security in e-commerce. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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22. A Uberização dos Antecedentes Criminais: impedimentos laborais e legitimações jurídicas.
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dos Santos Rabelo, Danilo, Soares Pinto, Hilbert Melo, and Piza Duarte, Evandro Charles
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CRIMINAL procedure ,PRESUMPTION of innocence ,DECISION making ,SOCIAL marginality ,SOCIAL contract - Abstract
Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
23. Biometric Borders Envisaged by Frontex: Fundamental Rights in the Backseat
- Author
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Matija Kontak
- Subjects
frontex ,biometrics ,biometric data ,personal data ,fundamental rights ,privacy ,Law ,Law of Europe ,KJ-KKZ - Abstract
(Series Information) European Papers - A Journal on Law and Integration, 2024 9(2), 621-640 | Article | (Table of Contents) I. Introduction. – II. Technological and legal aspects of biometrics. – II.1. Technological aspects and the application of biometrics in the EU. – II.2. Biometric legal framework. – III. Frontex’s biometric policy and fundamental rights. – III.1. Frontex role and legal obligations concerning biometrics. – III.2. Technology foresight on biometrics for the future travel. – IV. Conclusion. | (Abstract) This Article provides an assessment of the biometric policy of the European Border and Coast Guard Agency (Frontex) and its consequences for the fundamental rights of migrants. It provides an overview of the technological aspects of biometrics, their application, and the legal framework in the context of the Area of Freedom, Security and Justice. This sets the background for an analysis of how and why Frontex uses biometrics to advance its goals. This Article analyses policy papers, legal provisions, and other sources, but particularly the Technology Foresight on Biometrics for the Future of Travel, a report on biometrics published by Frontex. This Article concludes that Frontex fails to account for the consequences of its biometric policy on fundamental rights when considering the effects of biometric technologies for the future.
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- 2024
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24. Data Leakage of the Indonesian Elections Commission in Legal Aspects of Personal Data Protection
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Frendika suda utama, Didik Endro Purwoleksono, and Taufik Rachman
- Subjects
data leaks ,cyber security ,privacy ,personal data ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Hackers illegally accessed the Indonesian General Elections Commission’s (KPU) voter data system to collect voter data to sell to third parties. The regulation requires accountability for voter data leakage to protect people’s privacy rights in Indonesia’s personal data protection concept. Legal analysis of the modus operandi of personal data sales cases results in patterns of information system vulnerabilities, which can then be used to prevent personal data leakage and improve voter data protection in Indonesian elections. One of the reasons for passing the personal data protection law is the rampant cases of confidential data leakage that occur in government and private institutions in Indonesia. Hackers of voter data systems aim to profit from personal data sold to third parties. The role of the cybersecurity task force team needs to be improved with more concrete arrangements in law enforcement, and mitigating voter data leakage can provide legitimacy for the implementation of credible, reliable, and professional elections in Indonesia. Establishing the task force will optimize the application of voter data systems in conducting general elections in Indonesia and improve personal data protection.
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- 2024
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25. Research by the method of an extended systematical literature review E-SLR the problem of ensuring the security of personal data when using OSINT
- Author
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N. N. Romanova and V. V. Gryzunov
- Subjects
osint ,systematic literature review ,information security ,personal data ,artificial intelligence ,information security methods ,Technology - Abstract
Objective. The amount of personal data in open sources increases, which makes it possible for third parties to access it using open source intelligence (OSINT) methods, which can be used for malicious purposes. The aim of the work is to identify threats and existing methods and means of ensuring the security of a user's personal data and his reputation when using OSINT by intruders, as well as to identify the main problems in protecting user PD taking into account OSINT. Method. The study uses an extended method of systematic literature review (e-SLR), which is a systematic literature review (SLR) supplemented by responses from ChatGPT, GigaCHAT, YndexGPT neural networks. Result. 41 sources were received for the analysis of the problem, on the basis of which threats to personal data were identified: violation of the confidentiality of personal data and the operation of information systems, targeted attacks using social engineering, password disclosure, espionage; protection tools: data processing before publication, anonymization and depersonalization, limitation of personal data, selection of sites, protection using OSINT, creation of complex passwords, use of protection tools, organizational measures; problems in the development of protection tools: working with big data, unreliability of information and sources, labor-intensiveness of data analysis, technical limitations, bias, ethical and legal aspects. Conclusion. The results were used to develop models for protecting personal data in open sources, methods and means for detecting and preventing violations of their security.
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- 2024
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26. Digital identity and digital image of an individual: Legal characteristics and the place in the system of related categories
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Vladislav O. Demkin
- Subjects
digital person ,digital identity ,digital image of a person ,digital profile ,digital citizenship ,personal data ,human rights ,identification ,Law - Abstract
The purpose of the work is to study the definition and content of the terms “digital personality”, “digital image of a person”, “digital profile”, “digital citizenship”, their interrelation, as well as legal problems related to these categories. The relevance of the topic is confirmed by the active discussion of regulatory legal acts in the areas of building a system of digital profiles, digital citizenship in different countries of the world. The method of research is the analysis of Russian and foreign literature and practice, identification of their fundamental provisions, study of interrelations with more “classical” legal categories, including classical human rights and personal data. The conclusion is drawn about the fundamental position of the category of “digital personality” for the study of the phenomenon of the modern digital person. It is primarily related to human rights in the modern digital world. Such a category directly affects other concepts under study, including information (data) about individuals, as well as the overall policy in the sphere of citizens' participation in state governance. In order to study the phenomenon of the digital person, it is necessary, first of all, to study the category of the digital person from the point of view of their rights in the digital world, i.e., from the point of view of human rights.
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- 2024
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27. Notification of suspicion on the web page of the General Prosecutor’s Office and in the newspaper 'Uryadovyi Kurier': requirements and algorithm of publication
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A. V. Hutnyk
- Subjects
pre-trial investigation ,special pre-trial investigation ,criminal proceedings ,notification ,investigator ,prosecutor ,personal data ,suspect. ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The study is aimed at analysing the legal acts establishing the procedure for publishing notices of suspicion on the website of the Prosecutor General’s Office and in the newspaper “Uryadovyi Kurier” and notices of suspicion already published in these sources, determining the requirements for them and developing an algorithm for publication for prosecutors and investigators. The author uses the methods of analysis and synthesis, induction and deduction, comparative legal, formal and logical, systemic and structural, graphical and other methods of scientific research. The article establishes that the Criminal Procedure Code of Ukraine defines the obligation of an investigator or prosecutor to serve a notice of suspicion by publishing it on the website of the Office of the Prosecutor General and in the mass media of national distribution. This method of delivery is possible for both general and special pre-trial investigation regimes. It is emphasised that the notice of suspicion to be published on the website and in the mass media of the national sphere of distribution have differences in content, format, data that may be made public, and place of publication. In order to prevent possible violations, the requirements for suspicion notifications are detailed and visualised in the form of a table. It is found that the procedure for publishing notices of suspicion for investigators and prosecutors is different. The author identifies the stages required for publishing notices of suspicion for investigators and prosecutors and develops appropriate algorithms. The findings of the study can be used in lawmaking activities in the development and improvement of regulations on this topic, in practical activities by investigators of pre-trial investigation bodies, prosecutors when serving a person with a notice of suspicion, in scientific activities to continue research in this area, in educational activities to prepare materials for teaching students, cadets, trainees in legal specialties and for advanced training of investigators and prosecutors.
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- 2024
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28. LEGAL ISSUES OF THE USE OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN THE INFORMATION SOCIETY AND IN PUBLIC ADMINISTRATION
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POLYAKOVA Tatyana Anatolyevna and TROYAN Natalia Anatolyevna
- Subjects
information sphere ,cross-cutting technologies ,quantum technologies ,digital technologies ,artificial intelligence technologies ,personal data ,public administration ,information society ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Purpose: to consider certain issues related to ensuring legal, economic and social development of Russia in the context of digital transformation and the use of artificial intelligence technologies, as well as some problems arising from the application of artificial intelligence technologies in public administration. The article considers legal problems related to the use of artificial intelligence technologies in the field of public administration. Research methods: the work is carried out using the methods of dialectics and system analysis, allowing for a comprehensive study of digitalization processes both at the federal level and at the level of the constituent entities of the Russian Federation, as well as within the unified system of public power. Results: the work highlights priority tasks for the formation of effective legal mechanisms to support and develop the data economy, including data collection and transmission, communication systems development, ensuring technological sovereignty of infrastructure for computing and data storage within the country (national cloud platforms, etc.), developing national standards and protocols for working with data, including those related to the use of artificial intelligence technologies. The paper substantiates their role in the development of multilateral relations in the transition to multipolarity, especially within the framework of regional associations, as well as systemic legal support for the tasks of scientific and technological development of the Russian Federation, based on the balance of national economic interests and the need to protect the rights, freedoms and legitimate interests of information systems users.
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- 2024
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29. LEGAL ASPECTS OF THE COLLECTION, STORAGE AND PROCESSING OF GENETIC INFORMATION
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MOROZOV Sergey Yuryevich, TUZHILOVA-ORDANSKAYA Elena Markovna, AKHTYAMOVA Evgeniya Viktorovna, and KAZAKOV Nikita Andreevich
- Subjects
human genome ,genetic information ,personal data ,biometric data ,biological materials ,collection ,storage ,processing ,use ,biobank ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The legal norms regulating the collection, storage and processing of human genetic information are aimed at ensuring the proper conduct of genetic research procedures and protecting the participants’ rights. It is particularly important to highlight that national legislation, taking into account international practice, should provide specific methods for collecting biological material, information storage periods and features of its processing. Purpose: to identify the legal characteristics of the collection, storage and processing of genetic information, including legal issues and criteria for modernizing the legislation governing genetic information research. Methods: empirical methods of comparison, description and interpretation, formal-legal, interpreting legal norms. Results: the article considers legal aspects and characteristics of regulating the process and conditions of collection, storage and processing of genetic information; it reveals some problems encountered in genetic research, regarding the storage time of materials and confidentiality in the processing of third-party information. The authors outline ways of improvement to address them.
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- 2024
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30. Protection of Personal Data in the Context of E-Commerce
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Zlatan Morić, Vedran Dakic, Daniela Djekic, and Damir Regvart
- Subjects
personal data ,GDPR ,e-commerce ,advertising ,marketing ,Technology (General) ,T1-995 - Abstract
This paper examines the impact of stringent regulations on personal data protection on customer perception of data security and online shopping behavior. In the context of the rapidly expanding e-commerce landscape, ensuring the security of personal data is a complex and crucial task. The study of several legal frameworks, including Malaysia’s compliance with EU regulations and Indonesia’s Personal Data Protection Law, provides valuable insights into consumer data protection. The challenges of balancing data safeguarding and unrestricted movement and tackling misuse by external entities are significant and require careful consideration. This research elucidates the pivotal role of trust in e-commerce environments and the deployment of innovative e-commerce models designed to minimize personal data sharing. By integrating advanced privacy-enhancing technologies and adhering to stringent regulatory standards such as the GDPR, this study demonstrates effective strategies for robust data protection. The paper contributes to the academic discourse by providing a comprehensive framework that synergizes legal, technological, and procedural elements to fortify data security and enhance consumer trust in digital marketplaces. This approach aligns with international data protection standards and offers a pragmatic blueprint for achieving sustainable data security in e-commerce.
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- 2024
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31. Comparative Insights from the EU’s GDPR and China’s PIPL for Advancing Personal Data Protection Legislation
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Gulbakyt Bolatbekkyzy
- Subjects
pipl ,gdpr ,personal data ,protection of personal information ,cross-border data transfer ,Law - Abstract
The article outlines the fundamental principles of personal data protection and the legal frameworks that safeguard individuals in the ever-evolving digital world. By examining the regulatory frameworks, strategies, and outcomes of the European Union and China, the study aims to provide insightful lessons and potential best practices that can be adapted to suit specific national contexts. Additionally, it discusses the challenges with interpreting, applying, and enforcing the General Data Protection Regulation (GDPR) of the EU and the Personal Information Protection Law (PIPL) of China. Finally, it highlights the features of the PIPL, which is the country's first comprehensive law controlling the protection of personal information comprehensively. The constant comparative method guided the data analysis, which was based on the publications from the official documents of two respective states, which in turn served as the main source to compile the content of the research. It shows the difficulties and shortfalls of both legislations and offers comparative ideas from China's PIPL and the EU's GDPR for advancing personal data protection laws. Concluding remarks highlight the need for continual discussion and revision of legal frameworks to reconcile the benefits of technological advancement with the defense of fundamental rights in digital space.
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- 2024
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32. Modelling user notification scenarios in privacy policies
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Mikhail Kuznetsov, Evgenia Novikova, and Igor Kotenko
- Subjects
Privacy policy ,Formal representation ,Ontology ,Personal data ,Data processor obligation ,Data breach ,Computer engineering. Computer hardware ,TK7885-7895 ,Electronic computers. Computer science ,QA75.5-76.95 - Abstract
Abstract The processing of personal data gives a rise to many privacy concerns, and one of them is to ensure the transparency of data processing to end users. Usually this information is communicated to them using privacy policies. In this paper, the problem of user notification in case of data breaches and policy changes is addressed, besides an ontology-based approach to model them is proposed. To specify the ontology concepts and properties, the requirements and recommendations for the legislative regulations as well as existing privacy policies are evaluated. A set of SPARQL queries to validate the correctness and completeness of the proposed ontology are developed. The proposed approach is applied to evaluate the privacy policies designed by cloud computing providers and IoT device manufacturers. The results of the analysis show that the transparency of user notification scenarios presented in the privacy policies is still very low, and the companies should reconsider the notification mechanisms and provide more detailed information in privacy policies.
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- 2024
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33. Dark Sides of Data Transparency: Organized Immaturity After GDPR?
- Author
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Schade, Frederik
- Subjects
DIGITAL technology ,GENERAL Data Protection Regulation, 2016 ,DATA protection ,SOCIOTECHNICAL systems ,PERSONALLY identifiable information ,ELECTRONIC data processing - Abstract
Organized immaturity refers to the capacity of widely institutionalized sociotechnical systems to challenge qualities of human enlightenment, autonomy, and self-determination. In the context of surveillance capitalism, where these qualities are continuously put at risk, data transparency is increasingly proposed as a means of restoring human maturity by allowing individuals insight and choice vis-à-vis corporate data processing. In this article, however, I draw on research on General Data Protection Regulation–mandated data transparency practices to argue that transparency—while potentially fostering maturity—itself risks producing new forms of organized immaturity by facilitating user ignorance, manipulation, and loss of control of personal data. Considering data transparency's relative "successes" and "failures" regarding the cultivation of maturity, I outline a set of possible remedies while arguing for a general need to develop more sophisticated ethical appreciations of transparency's complex and potentially problematic implications for organized (im)maturity in the digital age. [ABSTRACT FROM AUTHOR]
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- 2023
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34. الأحكام القضائية بين مطرقة العلانية وسندان النسيان (دراسة مقارنة).
- Author
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محمد أحمد عبد الح
- Abstract
Copyright of Police Thought is the property of Sharjah Police Research Center and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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- 2024
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35. La privacidad en el ámbito deportivo: una discusión desde la captura y tratamiento de datos sensibles a través de wearables.
- Author
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Vargas-Chaves, Iván
- Subjects
DATA integrity ,SPORTS administration ,DATA management ,PERSONALLY identifiable information ,ELECTRONIC data processing ,INTERNET privacy - Abstract
Copyright of Retos: Nuevas Perspectivas de Educación Física, Deporte y Recreación is the property of Federacion Espanola de Asociaciones de Docentes de Educacion Fisica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
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- View/download PDF
36. ШТУЧНИЙ ІНТЕЛЕКТ ТА ПЕРСОНАЛЬНІ ДАНІ: ЗАХИСТ ПРИВАТНОСТІ В ЦИФРОВОМУ СЕРЕДОВИЩІ
- Author
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Є. З., Остіян
- Abstract
This paper focuses on the current risks associated with the use of artificial intelligence (AI) in processing personal data (PD), particularly about individuals' privacy and confidentiality rights. The paper identifies and examines specific areas of artificial intelligence data processing and discusses how modern trends and threats to data protection impact the development of a robust regulatory framework for managing such technologies. The analysis of Ukraine's digital transformation journey and specific cases of privacy rights violations through artificial intelligence globally has highlighted unauthorized access to data and insufficient preventive measures for information protection. These issues have been found to harm information security and economic stability. Despite this, there has been a notable trend on online platforms to label content created with the assistance of artificial intelligence. The paper delves into the legal nature of artificial intelligence and the need for an interdisciplinary approach involving both legal mechanisms and technological tools due to the complexity of the data it uses. Furthermore, artificial intelligence is shown to play a crucial role in updating legal regimes, particularly in information security, personal data protection, and individual privacy. Given this, the main shortcomings of the national legislation on the protection of PD have been considered. The national strategy for regulating artificial intelligence has been analyzed, and ways of solving key problems in these fields have been proposed. A separate point was noted in the draft laws on protecting personal data in Ukraine and how they align with European data protection standards in the context of developing artificial intelligence. Also, for comparison, strategies for developing artificial intelligence through the prism of international experience are presented, and European legislation on data protection (General Data Protection Regulation) and the EU Act on AI are processed to identify the main points of their relationship. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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37. Biobank consent under the GDPR: are potential sample donors informed about all lawful uses of biobank data?
- Author
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Kaaya, Emmi
- Abstract
This paper analyses the information disclosures in two biobank consent documents used by biobanks operating under the General Data Protection Regulation (GDPR). The aim of the analysis is to investigate how these documents inform potential sample donors about possible future uses of biobank data. The findings suggest that the consent documents provide potentially misleading information regarding the range of possible future uses of biobank data. Based on these information disclosures, potential sample donors may reasonably believe that the data can only be used for a narrowly defined range of research purposes. However, the range of lawful uses of the data is much broader and less clearly defined. Consent provided based on misleading information is not morally transformative, even if it were legally valid. To facilitate morally transformative biobank consent, this paper provides two recommendations for information disclosure to potential sample donors regarding future uses of biobank data: first, potential sample donors should be informed about the legal scope of consent; and second, they should be informed about the full range of lawful uses of biobank data. [ABSTRACT FROM AUTHOR]
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- 2024
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38. Administrative legal principles of human rights-based approach by the police
- Author
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S. Semeniuk and I. Horbach-Kudria
- Subjects
personal data ,police services ,administrative responsibility ,rights and freedoms ,police officer ,informationand communication system ,rule of law ,Jurisprudence. Philosophy and theory of law ,K201-487 ,Public law ,K3150 ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Private international law. Conflict of laws ,K7000-7720 ,Law of Europe ,KJ-KKZ ,Law of nations ,KZ2-6785 - Abstract
One of the priority tasks of reforming law enforcement agencies is to build a preventive mechanism based on the observance of human and civil rights and freedoms, protection of society from violence and discrimination, and creation of barrier-free space for people with limited mobility. The multidimensional nature and complexity of the issues requiring statutory regulation in these areas determine the relevance of the subject under study. The purpose of this study was to model the administrative legal mechanism of police activity in which human rights would be optimally and effectively implemented. To fulfil this purpose, the methodology used included a combination of comparative rule-making, system analysis, internal and external induction, constructive cognition and content analysis. It was found that the observance of human rights in police activities is inextricably linked to the implementation of the rule of law and the provision of protective police services. Numerous cases of violations revealed during journalistic investigations and widely discussed by the public have become one of the reasons for the rapid decline in public trust in state law enforcement institutions, and as a result, a substantial obstacle to Ukraine’s integration into the European space. The study analysed the key reasons affecting the effectiveness of administrative legal strategies for ensuring a human rights-based approach in the practical activities of the National Police bodies (units). Specifically, these include transition processes related to the harmonisation of national legislation with international and European standards, low level of material and social security of police officers, insufficient level of professionalism, influence of negative environment, narrow understanding of administrative legal activities in the field of human rights related to the prevention of administrative and criminal offences. The study concluded that the principles of the rule of law, respect for human rights and freedoms and partnership-based interaction with the public are crucial and interrelated in the preventive activities of police. The study outlined the key areas of improvement of national legislation in the field of development and/or optimisation of administrative legal systems for ensuring the functioning of organisational, technical, information, and economic resources as guarantees of the implementation of the declared constitutional rights and freedoms. The results of this study can be used to formulate and improve the norms of national legislation that regulate the activities of law enforcement agencies and determine the content of its guidelines
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- 2024
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39. Clarity of Information and Consumer Consent in the Usage of Personal Data by E-Commerce Platform
- Author
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Dinda Silviana Putri, Haikal Arsalan, Sherren Laurencia, and Jennifer
- Subjects
e-commerce ,personal data ,legal protection ,consent ,Law - Abstract
The widespread use of e-commerce platforms in the era of the industrial revolution 4.0 cannot be separated from concerns about the use of personal data by these platforms without the consent of consumers. This can lead to misuse of consumers' personal data and causing losses. For this reason, regulations that protect consumer personal data from this are needed. In this regard, the existing legal instruments in Indonesia to protect personal data in general has been regulated in Law Number 27 of 2022 concerning Personal Data Protection and Government Regulation of the Republic of Indonesia Number 80 of 2019 concerning Trading Through Electronic Systems (PP 80/2019). The problem is, these regulations do not provide an affirmation regarding the terms and conditions of the format that must be made by e-commerce platforms, thus that they are often made with lengthy and complex legal language which results in the impression that consumers agree to the use of personal data, even though they do not know it. Regarding this problem, the authors provide recommendations for adding provisions to PP 80/2019 which contains a brief, clear, and simple format of terms and conditions that must be made by e-commerce platforms in relation to the use of personal data.
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- 2024
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40. Social and Legal Risks of Sharenting when Forming a Child’s Digital Identity in Social Networks
- Author
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F. J. Aranda Serna
- Subjects
children’s rights ,digital identity ,digital privacy ,digital technologies ,law ,personal data ,privacy ,sharenting ,social networks ,web platforms ,Law - Abstract
Objective: to determine the legal consequences of sharenting as an activity that threatens the fundamental rights of minors, putting their privacy at risk.Methods: the study is based primarily on the analysis of European and American experience of legislative regulation, which is presented in a comparative-legal aspect, using doctrinal approaches and concepts reflected in scientific publications on the topic. This contributed, among other things, to the critical understanding of the identified risks and helped to describe the existing legal approaches and formulate proposals aimed at protecting the minors’ privacy in social networks.Results: the impact of social networks on the rights of minors was studied, in terms of their negative influence, possible risks and the spread of social conflicts. The main provisions of the legislation of Spain, France and the USA were analyzed in order to identify the key points regarding the activities of minors in social networks and the Internet, the need for them to express their consent to the publication of personal information. The most common conflicts caused by sharenting were described, as well as possible flexible legislative solutions to disputes concerning family relations and social networking activities. Suggestions were formulated for resolving conflict situations and digital identity issues arising in abusive sharenting.Scientific novelty: the study summarizes various scientific opinions and legal approaches to sharenting as a new phenomenon, which is rapidly developing due to the wide popularity of social networks and Internet activity of children and their parents, generating socio-legal conflicts.Practical significance: the research shows that minors are particularly vulnerable in the information and telecommunication environment. In many cases, excessive disclosure of their personal data occurs not only because of their own actions, but also because of the actions of their family members, usually parents. A comparative legal study of the adopted legislative measures and their interpretations in the legal doctrine allows characterizing the current legal situation with regard to minors in the digital space as fragmentary and proposing legislative approaches and solutions to avoid or minimize possible conflict situations and risks, such as digital harassment or privacy violation, which may arise in the process of further technological development and the spread of sharenting.
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- 2024
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41. Legal Issues of Cross-Border Data Transfer in the Era of Digital Government
- Author
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G. Bolatbekkyzy
- Subjects
cybersecurity ,data protection ,digital government ,digital technologies ,digitalization ,human rights ,law ,personal data ,privacy ,transboundary exchange ,Law - Abstract
Objective: to identify the main legal factors of cross-border data exchange in the context of digital technology proliferation and government digitalization, including legal guarantees, security issues, cybersecurity risks, approaches to regulating and improving the efficiency of data management in various jurisdictions.Methods: the study relies on synthesis and critical analysis of various aspects of the stated problem, including analysis of primary and secondary sources. By the example of the regulatory policies of China, the US, the EU and EAEU member states, different approaches regarding the restriction or encouragement of free cross-border data transfer are compared. A comprehensive meta-analysis and literature assessment provided insights into the methods used for data protection in different jurisdictions and allowed outlining the framework and directions of the public policy required for effective cross-jurisdictional data transfer.Results: the main challenges associated with cross-border data transfer in the context of digital technology proliferation and government digitalization, such as growing inequalities in digital development, legal uncertainties, privacy and cybersecurity, etc., were identified. The legal framework of cross-border data transfer in the context of government digitalization and its implementation were analyzed. It contributed to the search for ways to improve the government efficiency in the context of transnational data transfer, including rendering services and promoting openness and public participation.Scientific novelty: based on the analysis of various jurisdictions’ approaches to legal, security and sovereignty issues caused by transnational data transfer, the author reveals the role and applicability of international law, as well as the unique challenges arising in the member states of the Eurasian Economic Union on the way to the formation of transboundary trust space.Practical significance: the study of these issues may help various public agencies, first of all, governmental and legislative bodies to the elaborate well-targeted political and legal decisions, aimed at achieving a balance between data availability and data security, between the effectiveness of public administration and respect for the human rights. The results obtained will also be of importance for other subjects of relations in cross-border data transfer and regulation of these relations.
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- 2024
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42. Qualitative aspects of Industry 4.0 as a determinant of the improvement of the information security management system
- Author
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Katarzyna Zawierucha-Kozłowska
- Subjects
industry 4.0 ,information security management system ,quality ,personal data ,management ,Management. Industrial management ,HD28-70 ,Management information systems ,T58.6-58.62 - Abstract
Summary of issues and justification for taking up the topic The basic goal of the article is to emphasize the importance of Industry 4.0, which intersects with today's reality. The fourth industrial revolution combines the concepts of classical and digital technologies, using the industrial Internet of Things. Every activity carried out using technology requires an appropriate flow of all types of information to ensure data security. The article also shows the importance of the Information Security Management System, because the amount of data processed using information technology is huge. Nowadays, society systematically shares its data without thinking about the consequences. Increasingly, personal data is equated with currency, as in order to obtain a discount or future financial benefits, data is shared regardless of the consequences. The Information Security Management System requires continuous improvement of organizations processing data about identified or identifiable persons. However, independent verification and consent to data processing are also extremely important.
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- 2024
- Full Text
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43. Personal Data Processing of Online Platforms’ and Search Engines’ Users: The case of the EU Digital Services Act
- Author
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Domingos Soares Farinho
- Subjects
digital services act ,gdpr ,data protection ,personal data ,content moderation ,profiling ,Finance ,HG1-9999 ,Law ,Political institutions and public administration (General) ,JF20-2112 - Abstract
The new EU Digital Services Act (DSA) aims to regulate intermediary service providers and special attention is given to online platforms and search engines. The bulk activity of these two online players is personal data processing, under the guise of content moderation or recommendations to users. This means that both the EU GDPR and DSA interconnect when protection of personal data is concerned and it is the task of lawyers to determine how is the interplay between these two keys pieces of legislation in the EU digital domain. The paper sets out to try to understand how both EU Regulations connect and what is the end result. Beyond the introduction, section 2 describes how the GDPR applies to online platforms, focusing on grounds for lawful personal data processing. In section 3 the main interplay is presented and analysed and the normative relation between the GDPR and the DSA is assessed with special attention being given to specific data protection duties and prohibitions arising from the DSA and its regulatory framework.
- Published
- 2024
- Full Text
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44. Protection of (Personal) Data in Armed Conflicts
- Author
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Kelemen Bence Kis
- Subjects
personal data ,object ,ihl ,cyberspace ,civilian ,cyber operation ,Law - Abstract
Despite the increased attention that was given to data protection laws in national jurisdictions – especially after the adoption of the General Data Protection Regulation by the European Union – international law still does not offer a higher standard of protection to the personal data of civilians in times of armed conflict, where the deletion or manipulation of personal data of the civilian population can have significant harmful effects. This article explains that at the time of the adoption of the relevant international treaties and the development of customary international law, international humanitarian law (IHL) did not protect personal data stored electronically, and even though commentators in contemporary times tend to accept the object status of electronic data, State practice still remains inconclusive, largely excluding computerized personal data from the protective regime of IHL. The article argues further that a stricter protection of personal data regulation could potentially lead to harmful effects for protected persons, such as civilians, therefore it is undesirable. The protective nature of IHL must prevail over the data protection interests.
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- 2024
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45. Addressing Fragmentation in Vietnam's Data Protection Laws: Recommendations for a Unified Legal Framework.
- Author
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Hang, Nguyen Ho Bich
- Abstract
In the digital economy, general and personal data are vital for the success of individuals and businesses. Inadequate personal data protection infringes on an individual's fundamental rights and can jeopardize national security. Vietnam has enacted various measures but lacks a unified personal data protection law. This article examines Vietnam's personal data framework, compares it with regulations from the European Union's General Data Protection Regulation (GDPR), and references laws from Singapore, Thailand, and South Korea to highlight relevant legal matters. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
46. The Regulation of Data Transmission in the Digital Era: From the European Union's Perspective and Implications for Vietnam.
- Author
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Dat, Hoang Le Ngoc Tien and An, Chu Thi Thanh
- Abstract
Data transmission is crucial in the digital age, making robust legal frameworks for data protection and the free flow of information essential. Distinguishing between personal and non-personal data is critical for ensuring regulatory compliance. Roles like controllers and processors define obligations and remedies, ensuring secure and lawful data handling. Based on the analysis of the European Union perspective on the aforementioned aspects, the paper provides implications for Vietnam in addressing the regulatory gaps regarding data-related laws in general and data transmission in particular. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
47. Privacy Perceptions on Personal Data and Data Breaches in South Africa.
- Author
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Nyoni, Phillip, Velempini, Mthulisi, and Mavetera, Nehemiah
- Subjects
DATA privacy ,INTERNET content ,DATA security failures ,TECHNOLOGICAL risk assessment ,AUTOMATIC systems in automobiles - Abstract
Research shows that data breaches often occur when organizations fail to protect users' personal data sufficiently well. Many devices are connected to the Internet such as mobile phones, smart cars, wearables and 'Things' which increase the number of potential entry points into data stores. This paper discusses the potential data privacy risks that users face online. The study used online content analysis and surveys to establish the privacy perceptions of users and trends of data breaches in South Africa. The findings reveal that users have a positive perception of data managers and view them as knowledgeable in data protection. Nevertheless, the results show that privacy risks do exist online, and the number of data breaches and abuses has increased over time. These breaches result in exposure and loss of personal data. The findings of this study are useful in developing strategies and policies to combat data breaches while improving security systems. [ABSTRACT FROM AUTHOR]
- Published
- 2024
48. Incidentes de Segurança: Regulação e Prática de Vazamento de Dados Pessoais Frente à LGPD.
- Author
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Galvão, Heideivirlandia Leite, de Oliveira, Alyne Leite, de Sá Barreto Diaz Gino, Bethsaida, Viana, Hudson Josino, Lima Araújo, Francisco Gledison, Silva Benevinuto, Noélia Marques, and da Silva, Denis Leonardo Ferraz
- Subjects
- *
DATA security failures , *PERSONALLY identifiable information , *RIGHT of privacy , *APPLICATION stores , *ELECTRONIC data processing - Abstract
Nowadays, despite technological advances, there is still much talk about personal data leaks and their respective consequences, whether emotional or financial losses. This phenomenon is characterized as a security incident in which personal data or sensitive information is publicly exposed or transferred to third parties without the consent of the holder. Given this scenario, in which data preservation is crucial for business organizations, Law No. 13,709/2018 was enacted to protect the fundamental rights of freedom and privacy of each citizen, establishing that those responsible for data processing are liable for incidents, thus promoting an environment of legal security. However, the question is why there is still a high incidence of personal data leaks even after this law came into effect? To address this issue, we opted for bibliographical research, investigating the increasing frequency of data leaks and the application of Law 13.709/2018, together with its regulations on the treatment of user information. Based on the research carried out and recent case studies involving data leaks, the disruption caused by the dissemination of personal information is evident. Therefore, when using applications and software, it is crucial to act with caution, from registering on shopping applications to browsing search sites and online stores, among others. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
49. Increasing personal data contributions for the greater public good: a field experiment on an online education platform.
- Author
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Ackfeld, Viola, Rohloff, Tobias, and Rzepka, Sylvi
- Subjects
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DATA protection , *DATA privacy , *ONLINE education , *FIELD research , *PUBLIC goods - Abstract
Personal data increasingly serve as inputs to public goods. Like other types of contributions to public goods, personal data are likely to be underprovided. We investigate whether classical remedies to underprovision are also applicable to personal data and whether the privacy-sensitive nature of personal data must be additionally accounted for. In a randomized field experiment on a public online education platform, we prompt users to complete their profiles with personal information. Compared to a control message, we find that making public benefits salient increases the number of personal data contributions significantly. This effect is even stronger when additionally emphasizing privacy protection, especially for sensitive information. Our results further suggest that emphasis on both public benefits and privacy protection attracts personal data from a more diverse set of contributors. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
50. Legal protection of personal data for emergency contacts unilaterally included in illegal online loan services.
- Author
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Ayuningtyas, Josephine
- Subjects
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DATA protection , *FINANCIAL technology , *SOCIAL distancing , *FINANCIAL institutions , *LEGAL research - Abstract
New opportunities for digital financial services (Fintech) have emerged to accelerate digital financial inclusion amid social distancing, one of which is through Online Loans. The convenience offered by Online Loans in the process of borrowing money or financing without having to visit conventional financial institutions such as banks directly, is one of the factors supporting the increasing popularity of Online Loans, thereby opening up more opportunities for Online Loan Providers to expand their industry. However, issues arise due to the ease of this technology, one of which is the misuse of borrowers' emergency contacts, causing inconvenience to the owners of those contacts whose personal lives are disrupted. The study is conducted using normative legal research. The experience of convenience offered by Online Loans is much greater; the borrowing process only takes place through a website or mobile phone, allowing consumers to confirm only through the system and do it anytime and anywhere. However, the conveniences provided by Online Loans are often not accompanied by adequate education in society regarding the technology used or the legal and lending provisions. This has become a loophole for "predatory lending" actors to develop their businesses. Legal protection for borrowers is already regulated in the Financial Services Authority Regulation Number 10/POJK.05/2022 Regarding Information Technology-Based Borrowing and Lending Services. Borrowers regarding their personal data have also been clearly regulated in Law Number 27 of 2022 Concerning Personal Data Protection, as well as the presence of Financial Technology associations that accompany the pace of technology-based borrowing and lending services. Control of personal data must obtain explicit consent from the data subject to process personal data. There are several sanctions for online loan customers who provide emergency contact numbers without consent. These sanctions include written warnings, temporary cessation of all personal data processing activities, deletion or destruction of personal data, and/or administrative fines. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
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