Data Protection and Privacy Laws Nigeria, a Trillion Dollar Opportunity!!

Author(s):  
F. Franklin Akinsuyi
Keyword(s):  
Author(s):  
Dan Jerker B. Svantesson

This chapter observes how it may be inappropriate to apply a single jurisdictional threshold to diverse instruments such as data privacy laws. In the light of this observation, a proposal is outlined for a ‘layered approach’ under which the substantive law rules of such instruments are broken up into different layers, with different jurisdictional thresholds applied to each such layer. This layered approach is discussed primarily as a technique to be utilized in legal drafting, but it may also be applied in the interpretation and application of legal rules. Article 3 of the European Union’s General Data Protection Regulation, which determines that regulation’s scope of application in a territorial sense, provides a particularly useful lens through which to approach this topic and, thus, the discussion is largely centred around that Article.


2009 ◽  
pp. 347-369
Author(s):  
Karin Mika

This chapter provides an overview of law relating to online and Internet medical practice, data protection, and consumer information privacy. It provides a comprehensive overview of federal (HIPAA) and state privacy laws, concluding that both those legal resources leave gaps in consumer protection and provide no real penalties for violating the laws. The authors educate the readers to the legal and data protection problems consumers will encounter in purchasing medical and health services on the Internet. Furthermore, the authors recount some actual case studies and follow those with expert advice for those Internet consumers who wish to be not merely informed, but also safe. The authors not only educate the readers to the lack of protection afforded to them but also advocate throughout the chapter that the United States must enact more federal protection for the consumer in order to deter privacy violations and punish criminal, negligent, and wilful violations of personal consumer privacy.


2011 ◽  
pp. 274-296
Author(s):  
Karin Mika

This chapter provides an overview of law relating to online and Internet medical practice, data protection, and consumer information privacy. It provides a comprehensive overview of federal (HIPAA) and state privacy laws, concluding that both those legal resources leave gaps in consumer protection and provide no real penalties for violating the laws. The authors educate the readers to the legal and data protection problems consumers will encounter in purchasing medical and health services on the Internet. Furthermore, the authors recount some actual case studies and follow those with expert advice for those Internet consumers who wish to be not merely informed, but also safe. The authors not only educate the readers to the lack of protection afforded to them but also advocate throughout the chapter that the United States must enact more federal protection for the consumer in order to deter privacy violations and punish criminal, negligent, and wilful violations of personal consumer privacy.


Author(s):  
Antonio Liotta ◽  
Alessandro Liotta

Data protection legislation has developed in a digital communication context that is changing dramatically. Infrastructure-based, networked systems are increasingly interconnecting and interoperating with infrastructure-less or even spontaneous networks, which are important elements of pervasive systems. These are also characterized by an autonomic, self-managed behavior that undermines the role of central management entities such as network and service providers. In this context, meeting the demanding requirements of privacy laws becomes a serious challenge, because once the user’s data crosses a managed boundary, it is impossible to clearly determine and transfer responsibilities. This chapter revisits the important elements of privacy regulations with the purpose of highlighting the hurdles posed onto pervasive systems. The analysis in this chapter indentifies imperative research and technological issues.


2010 ◽  
Vol 4 (3) ◽  
pp. 1-21
Author(s):  
Munir Majdalawieh

This paper discusses the challenges that faced in the “DigNet” age in terms of privacy and proposes a framework for privacy protection. This framework is integral in ensuring that personal data protection is impeded part of business processes of any systems that are involved in collecting, disseminating, and accessing an individual’s data. The cooperation and partnership between nations in passing privacy laws is essential and requires some building blocks. In this paper, the author argues that the building blocks should be integrated into the business processes and take into consideration three main domains: governments’ legislation, entity’s policies and procedures, and data protection controls. The proposed conceptual framework helps organizations develop data protection in their business processes, assess the privacy issues in their organization, protect the interests of their customers, increase their value proposition to customers, and make it easier to identify the impact of privacy on their business.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lokke Moerel ◽  
Marijn Storm

Purpose To explain the authors’ position that the use of blockchain technology is not incompatible with European Union privacy laws and in particular the EU General Data Protection Regulation (GDPR). Design/methodology/approach Explains the basics of blockchain technology and the GDPR, several reasons why some scholars consider BC not to be compatible with the GDPR, and why the authors believe that the GDPR will be able to regulate the use of blockchain technology. Findings The current perception is that blockchain is not compatible with EU privacy laws. The authors disagree that this is the case and explain why none of the issues identified by legal scholars and stakeholders are likely to pose issues for blockchain technology. Their conclusion is that EU privacy laws are well able to regulate also this new technology. This does however not mean that blockchain will thus be suitable for all use and deployment cases. Originality/value Practical guidance and explanation of complex issues by lawyers with extensive experience and expertise in dealing with data protection, cybersecurity, privacy, intellectual property and related issues.


2020 ◽  
Vol 11 (1) ◽  
pp. 208
Author(s):  
Asadollah YAVARI ◽  
Saeedeh MAZINANIAN

Privacy is one of the cornerstones of the realization of human rights in a democratic system and is defined as a realm of everyone's life, is not accessible to others. Thus, privacy in cyberspace has a similar definition. Since privacy and data protection have different definitions for business owners, governments, and the general public, unlike other areas of law, which have well-established legal concepts, norms, and principles, privacy and data protection is an area of law that is not currently consolidated. The right to privacy, therefore, falls into two normative frameworks: preventing violation of the privacy of others, and training and guidance on secrecy. Data protection and privacy are not limited to one legal area. Data protection and privacy laws include areas of intellectual property, competition, and part of cybercrime. Since the level of individuals' privacy is determined by the national laws of each country or political entities such as the European Court of Human Rights (ECtHR) and the European Court of Justice, through the EU's General Data Protection Regulations applicable since 2018, the European Union (EU) has set criteria that will have a major impact on data protection and privacy laws in other countries. Furthermore, as privacy is one of the strongest recommendations of Islam, the law of cybercrime (2009), the law of freedom to access to information (2010), the charter of citizens' rights (2016) is supported in the positive laws of the Islamic Republic of Iran as well as in the constitution. The most important question in this article is what is the scope of privacy in cyberspace and to what extent do laws and regulations support it? Therefore, this descriptive-analytical study analyzes the concept of privacy and the scope of its right in the laws and regulations of the Islamic Republic of Iran and the challenges that the right of privacy faces.


2014 ◽  
Vol 42 (2) ◽  
pp. 348-417 ◽  
Author(s):  
Steven S. McCarty-Snead ◽  
Anne Titus Hilby

“Data protection” law refers to the legal scheme governing the collection, holding, processing, disclosure, and transfer of individuals’ personal information online … and off. Data protection is a fast-changing and increasingly important supranational, international (including transnational), and national topic that touches on a numerous core political concerns, including the freedom of expression, public safety, and international trade. One recent study found that “data privacy laws are spreading globally, and their number and geographical diversity accelerating since 2000.”


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