Protección de datos de carácter personal relativos a la salud del paciente: fundamentos, protección a la intimidad y comentarios al nuevo Reglamento UE 2016/679 = Personal data protection related to patient’s health: fundamentals, privacy protection ...

The paper covers the political and legal consequences of US deployed extensive cyber surveillance program, usually referred to with the codename PRISM. The author identifies the significant transnational legal challenges for privacy protection originated by US cybersecurity policy and the steps taken by other states aimed at limiting its consequences harmful to individual privacy. The author covers varying reactions to USimposed privacy intrusions, from Brazil’s plans to withdraw from the global network to some states’ suggestions of holding Washington internationally responsible for violating the International Covenant on Civil and Political Rights. The paper’s focus however is on the European personal data protection thus far not providing effective transnational protection of privacy, primarily through the strongly criticised and ineffective EU-US Safe Harbor arrangement. The EU personal data reform, approved by the European Parliament in March of 2014, seems the most significant consequence of mass privacy violations committed by the US National Security Agency and its agents. The 2012 proposed Data Protection Regulation, which, together with the new personal data Directive, are to replace the 1995 Data Protection Directive 95/46/EC put strong emphasis on the effectiveness of transboundary privacy protection, although cover also many other significant changes, such as introducing the right to be forgotten or centralising the personal data protection decisions thus-far distributed among national Data Protection Authorities, often varying in their interpretations of community law. The reform is to oblige all companies, regardless of their country of incorporation, to meet EU privacy laws as it introduces high financial responsibility for those who fail to do so, making it a trigger for a significant change in the way the online markets operate. The European approach seems significant for the entire international community not only because European citizens are an important element of the online markets, but also because personal data protection as a tool for safeguarding individual privacy has been adopted in over 100 out of the roughly 190 world’s countries. Including an element of transnational data protection in EU law is therefore certain to influence the approach to privacy in other continents.

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Comparative Study of Children’s Personal Data Protection Regulation on COPPA (Children’s Online Privacy Protection Act) and Children and GDPR

Khazanah ◽

10.20885/khazanah.vol12.iss2.art64 ◽

2020 ◽

Vol 12 (2) ◽

Author(s):

Hidayatun Nafi'ah ◽

◽

athifah Nur Hasna ◽

Keyword(s):

Comparative Study ◽

Data Protection ◽

Privacy Protection ◽

Personal Data ◽

Online Privacy ◽

Personal Data Protection ◽

Library Research ◽

Qualitative Descriptive ◽

Data Protection Law ◽

Definition Of

Background: Personal data is the most fundamental right for everyone including children. Children are the most vulnerable subjects when it comes to the processing of personal data, it is because they do not have awareness and understanding of the risks of misuse of personal data. Regulations regarding the protection of children's personal data in Indonesia are already contained in the draft of personal data protection law but with very limited guidance. Through this comparative study, researchers wanted to compare the United State's COPPA(Children's Online Privacy Protection Act) with the Children and GDPR by the United Kingdom. Both of these regulations are very detailed in regulating the protection of children's personal data. This study will provide a clearer picture of children’s privacy protection regulations so that it can be used as a reference for Indonesia's draft of personal data protection law in regard to the rights of children's privacy. Method: This comparative research uses qualitative descriptive methods with library research and approach. Result: There are fundamental differences regarding the form of guidance, the definition of child, the perpetrator processing of the child's personal data, and things that are included in the child's personal data. Conclusion: The application of children's personal data protection is adjusted to the values and cultures of the country.

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THE RIGHT TO DATA PROTECTION VERSUS “SECURITY”

Revista Direitos Culturais ◽

10.20912/rdc.v15i36.18 ◽

2020 ◽

Vol 15 (36) ◽

pp. 209-232

Author(s):

Marcos Vinicius Viana da Silva ◽

Erick Da Luz Scherf ◽

Jose Everton Da Silva

Keyword(s):

Data Protection ◽

Privacy Protection ◽

Data Privacy ◽

Personal Data ◽

Fundamental Rights ◽

State Of Exception ◽

Personal Data Protection ◽

Data Privacy Protection ◽

Rights Discourse ◽

The Right

The protection of personal data in the cyberspace has been an issue of concern for quite some time. However, with the revolutions in information technology, big data and the internet of things, data privacy protection has become paramount in an era of free information flows. Considering this context, this research intends to shine a light on the experience of Brazil regarding data privacy protection, through the analysis of a brand new bill passed by Congress: the Brazilian General Personal Data Protection Act. Our assessment of the legislation was made from the perspective of a human rights-based approach to data, aiming to analyze both advancements, limitations and contradictions of the rights-discourse in the LGPD. Our main conclusions were that the (public and national) security rhetoric, also present in the bill, can create a state of exception regarding the processing of personal data of those considered “enemies of the state”, which may result in violations of fundamental rights and procedural guarantees.

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The right to respect private life in the context of the development of artificial intelligence

10.13166/wsge//vptv1229 ◽

2021 ◽

pp. 10-19

Author(s):

Greta Angjeli ◽

Besmir Premalaj

Keyword(s):

Artificial Intelligence ◽

Human Rights ◽

Data Protection ◽

Privacy Protection ◽

Personal Data ◽

Private Life ◽

General Data Protection Regulation ◽

Personal Data Protection ◽

The Right To Privacy ◽

The Right

One of the fundamental human rights protected by various international conventions is the right to the protection of privacy, or as defined in the European Convention on Human Rights, the right to respect private and family life. Affiliated to this right is also the right to data protection, which is described by various authors as a modern derivation of the right to privacy protection. The protection of personal data in the context of privacy protection was jeopardized by the rapid and widespread of information technology, automated data processing and the risk of access to this data by unauthorized persons on the network. The legal regulation for the non-violation of the right to respect private life by the processing of personal data with automated systems was one of the challenges of many states which had to allow the use of artificial intelligence for the benefit of further economic and social development, at the same time they had to ensure the protection of the personal data of their citizens. In this context, the EU has issued another regulation on personal data protection (General Data Protection Regulation (EU) 2016/679). The purpose of this paper is to highlight the impact of artificial intelligence on the right to respect private life and the legal protection of personal data from misuse through artificial intelligence.

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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.

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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.

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