Balancing the Free Flow of Information and Personal Data Protection

AbstractThe dialogue on data protection has so far been dominated by European and American voices. There are currently a few international conventions in place such as the Council of Europe's 1981 Convention for the Protection of Individuals with regard to the Automatic processing of personal data, the 1980 OECD Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data , which apply to 30 OECD countries, and the EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data, which binds EU member states but has had some impact on non-European countries due to the restriction on cross border flow of information.This has changed with the emergence of the APEC Privacy Framework in 2004 which focuses on the importance of the free flow of information in the digital age. Does the APEC Privacy Framework have anything of value to add or does it dilute the standards already in place? This article will examine these questions and argue that perhaps the APEC Privacy Framework is the first step towards a truly global standard for data protection.

Download Full-text

Importance of Personal Data Protection Law for Commercial Air Transport

Transactions on Aerospace Research ◽

10.2478/tar-2017-0004 ◽

2017 ◽

Vol 2017 (1) ◽

pp. 35-44

Author(s):

Dawid Zadura

Keyword(s):

Data Protection ◽

Public Information ◽

Personal Data ◽

Air Transport ◽

Civil Aviation ◽

Aviation Industry ◽

Personal Data Protection ◽

It Systems ◽

Data Protection Law ◽

The Law

Abstract In the review below the author presents a general overview of the selected contemporary legal issues related to the present growth of the aviation industry and the development of aviation technologies. The review is focused on the questions at the intersection of aviation law and personal data protection law. Massive processing of passenger data (Passenger Name Record, PNR) in IT systems is a daily activity for the contemporary aviation industry. Simultaneously, since the mid- 1990s we can observe the rapid growth of personal data protection law as a very new branch of the law. The importance of this new branch of the law for the aviation industry is however still questionable and unclear. This article includes the summary of the author’s own research conducted between 2011 and 2017, in particular his audits in LOT Polish Airlines (June 2011-April 2013) and Lublin Airport (July - September 2013) and the author’s analyses of public information shared by International Civil Aviation Organization (ICAO), International Air Transport Association (IATA), Association of European Airlines (AEA), Civil Aviation Authority (ULC) and (GIODO). The purpose of the author’s research was to determine the applicability of the implementation of technical and organizational measures established by personal data protection law in aviation industry entities.

Download Full-text

Problems of establishment and development of the Institution of personal data protection in the Russian Federation: historical-legal aspect

Вопросы безопасности ◽

10.25136/2409-7543.2020.4.33798 ◽

2020 ◽

pp. 28-35

Author(s):

Yanis Arturovich Sekste ◽

Anna Sergeevna Markevich

Keyword(s):

Russian Federation ◽

Data Protection ◽

Information Technologies ◽

Legal Aspect ◽

Personal Data ◽

Legal Regulation ◽

Private Life ◽

Russian Society ◽

Personal Data Protection ◽

The Russian Federation

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.

Download Full-text