scholarly journals Personal Data Protection in Russia

2020 ◽  
pp. 95-113
Author(s):  
Alexander Gurkov
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Special Role ◽  
State Control ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
General Data

AbstractThis chapter considers the legal framework of data protection in Russia. The adoption of the Yarovaya laws, data localization requirement, and enactment of sovereign Runet regulations allowing for isolation of the internet in Russia paint a grim representation of state control over data flows in Russia. Upon closer examination, it can be seen that the development of data protection in Russia follows many of the steps taken at the EU level, although some EU measures violated fundamental rights and were invalidated. Specific rules in this sphere in Russia are similar to the European General Data Protection Regulation. This chapter shows the special role of Roskomnadzor in forming data protection regulations by construing vaguely defined rules of legislation.

PERSONAL DATA PROTECTION IN GENERAL ADMINISTRATIVE PROCEEDINGS

2018 ◽  
Vol 2 (XVIII) ◽  
pp. 199-213
Author(s):  
Agnieszka Kręcisz-Sarna
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
General Data ◽  
Administrative Proceedings

This article aims to draw attention to the duties of personal data protection in general administrative proceedings in the context of the General Data Protection Regulation, which came into force on 25 May 2018. It depicts the subjective, the objective, as well as the territorial scope of the application of GDPR, subsequently referring it to certain procedural steps taken in the course of administrative proceedings. Moreover, deliberations concerning the processing of personal data which takes place within the scope of administrative proceedings, as well as the role of the parties in such proceedings have been presented.

THE ROLE OF THE DATA PROTECTION OFFICER IN THE ORGANIZATION’S STRUCTURE

2019 ◽  
Vol 1 (XIX) ◽  
pp. 295-310
Author(s):  
Weronika Kupny
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Main Task ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Legal Situation ◽  
General Data ◽  
Expert Support ◽  
External Consultant

Entry into force of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/ EC (General Data Protection Regulation) significantly changed the legal situation of information security administrators. The new institution is a data protection officer. The provisions of the regulation not only changed the name but also the requirements for the person who will perform it in the organization. The main task of the DPO is to provide expert support to the controller and the processor and to monitor compliance with the provisions on personal data protection in cooperation with the supervisory authorities. The importance of the DPO’s function has been strongly emphasized in recital 97 of the preamble to the GDPR. This means that the data protection officer is the person responsible for acting in accordance with the data processing regulations. The independence of DPO is guarantee by its correct placement in the structure of the controller’s organization. As regards the employment of a DPO, the legislator left employers a large dose of freedom. Acquiring specialists dealing in the personal data protection in the company is possible by selecting several options. We can deal with the employment of a stationary specialist or an external consultant. Due to the very wide competence of the DPO, the legislator also provided for the possibility of commissioning the inspector’s tasks to a group of people or a department or an external company.

The Personal Data Protection Bill, 2018: India’s regulatory journey towards a comprehensive data protection law

2020 ◽  
Vol 28 (1) ◽  
pp. 1-19
Author(s):  
Deva Prasad M ◽  
Suchithra Menon C
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Supreme Court Of India ◽  
Indian Context ◽  
General Data ◽  
Data Protection Law

Abstract This article analyses the relevance of Personal Data Protection Bill, 2018 for developing a data protection legal framework in India. In this regard, the article attempts to analyse the evolution process of comprehensive personal data protection law in the Indian context. The manner in which the Personal Data Protection Bill, 2018 will revamp and strengthen the existing data protection regulatory framework forms the major edifice of this article. The article also dwells on the significant role played by the fundamental right to privacy judgment (Justice K.S. Puttaswamy v Union of India) of Supreme Court of India, thus preparing the regulatory ground for the evolution of the Personal Data Protection Bill, 2018. The influence of the European Union General Data Protection Regulation in shaping the Indian legal framework is highlighted. The article also discusses pertinent legal concerns that could question the effectiveness of the proposed data protection legal framework in the Indian context.

scholarly journals Data Sharing Under the General Data Protection Regulation

Hypertension ◽  
2021 ◽  
Vol 77 (4) ◽  
pp. 1029-1035
Author(s):  
Antonia Vlahou ◽  
Dara Hallinan ◽  
Rolf Apweiler ◽  
Angel Argiles ◽  
Joachim Beige ◽  
...  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Research Approach ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Protection Legislation ◽  
General Data ◽  
Almost All

The General Data Protection Regulation (GDPR) became binding law in the European Union Member States in 2018, as a step toward harmonizing personal data protection legislation in the European Union. The Regulation governs almost all types of personal data processing, hence, also, those pertaining to biomedical research. The purpose of this article is to highlight the main practical issues related to data and biological sample sharing that biomedical researchers face regularly, and to specify how these are addressed in the context of GDPR, after consulting with ethics/legal experts. We identify areas in which clarifications of the GDPR are needed, particularly those related to consent requirements by study participants. Amendments should target the following: (1) restricting exceptions based on national laws and increasing harmonization, (2) confirming the concept of broad consent, and (3) defining a roadmap for secondary use of data. These changes will be achieved by acknowledged learned societies in the field taking the lead in preparing a document giving guidance for the optimal interpretation of the GDPR, which will be finalized following a period of commenting by a broad multistakeholder audience. In parallel, promoting engagement and education of the public in the relevant issues (such as different consent types or residual risk for re-identification), on both local/national and international levels, is considered critical for advancement. We hope that this article will open this broad discussion involving all major stakeholders, toward optimizing the GDPR and allowing a harmonized transnational research approach.

scholarly journals The GDPR as Global Data Protection Regulation?

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 5-9 ◽  
Author(s):  
Cedric Ryngaert ◽  
Mistale Taylor
Keyword(s):  
International Law ◽  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
General Data Protection Regulation ◽  
Data Protection Directive ◽  
Protection Legislation ◽  
General Data ◽  
Global Data ◽  
The Eu

The deterritorialization of the Internet and international communications technology has given rise to acute jurisdictional questions regarding who may regulate online activities. In the absence of a global regulator, states act unilaterally, applying their own laws to transborder activities. The EU's “extraterritorial” application of its data protection legislation—initially the Data Protection Directive (DPD) and, since 2018, the General Data Protection Regulation (GDPR)—is a case in point. The GDPR applies to “the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services . . . to such data subjects in the Union; or (b) the monitoring of their behaviour . . . within the Union.” It also conditions data transfers outside the EU on third states having adequate (meaning essentially equivalent) data protection standards. This essay outlines forms of extraterritoriality evident in EU data protection law, which could be legitimized by certain fundamental rights obligations. It then looks at how the EU balances data protection with third states’ countervailing interests. This approach can involve burdens not only for third states or corporations, but also for the EU political branches themselves. EU law viewed through the lens of public international law shows how local regulation is going global, despite its goal of protecting only EU data subjects.

EU Data Protection Law: The Review of Directive 95/46/EC and the General Data Protection Regulation

2017 ◽  
Author(s):  
Peter Hustinx
Keyword(s):  
Data Protection ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Full Potential ◽  
General Data Protection Regulation ◽  
Gradual Development ◽  
Charter Of Fundamental Rights ◽  
General Data ◽  
Data Protection Law ◽  
The Difference

This chapter looks at the origins and the current state of EU data protection law, and highlights the context of the ongoing review of Directive 95/46/EC as its key instrument, as well as the main lines of the proposed General Data Protection Regulation which will replace the Directive in the near future. The analysis shows a gradual development along two lines: one aiming at stronger rights in order to provide more effective protection, and one ensuring more consistent application of those rights across the EU. It also demonstrates the increasing impact of the Charter of Fundamental Rights, both in the case law of the Court of Justice and in the review of the legal framework. At the same time, it is argued that a lack of awareness of the difference in character between Articles 7 and 8 of the Charter could prevent Article 8 from reaching its full potential.

Introducing Key Elements Regarding Access to Personal Data for Scientific Research in the Perspective of Developing Innovative Medicines

2020 ◽  
Vol 27 (3) ◽  
pp. 195-212
Author(s):  
Jean Herveg ◽  
Annagrazia Altavilla
Keyword(s):  
Data Protection ◽  
Open Data ◽  
Scientific Research ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
Future Research ◽  
General Data Protection Regulation ◽  
Public Sector Information ◽  
General Data

Abstract This article aims at opening discussions and promoting future research about key elements that should be taken into account when considering new ways to organise access to personal data for scientific research in the perspective of developing innovative medicines. It provides an overview of these key elements: the different ways of accessing data, the theory of the essential facilities, the Regulation on the Free Flow of Non-personal Data, the Directive on Open Data and the re-use of public sector information, and the General Data Protection Regulation (GDPR) rules on accessing personal data for scientific research. In the perspective of fostering research, promoting innovative medicines, and having all the raw data centralised in big databases localised in Europe, we suggest to further investigate the possibility to find acceptable and balanced solutions with complete respect of fundamental rights, as well as for private life and data protection.

scholarly journals GDPR implementation as the main reason for the regional fragmentation in the online mediasphere

2021 ◽  
Vol 273 ◽  
pp. 08099
Author(s):  
Mikhail Smolenskiy ◽  
Nikolay Levshin
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Main Role ◽  
The European Union ◽  
Protection Measures ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Usa ◽  
General Data

The EU’s General Data Protection Regulation (GDPR) applies not only to the territory of the European Union, but also to all information systems containing data of EU’s citizens around the world. Misusing or carelessly handling personal data bring fines of up to 20 million euros or 4% of the annual turnover of the offending company. This article analyzes the main trends in the global implementation of the GDPR. Authors considered and analyzed results of personal data protection measures in nineteen regions: The USA, Canada, China, France, Germany, India, Kazakhstan, Nigeria, Russia, South Korea and Thailand, as well as the European Union and a handful of other. This allowed identifying a direct pattern between the global tightening of EU’s citizens personal data protection and the fragmentation of the global mediasphere into separate national segments. As a result of the study, the authors conclude that GDPR has finally slowed down the globalization of the online mediasphere, playing a main role in its regional fragmentation.

scholarly journals Credit-Based Insurance Scores: some Observations in the Light of the European General Data Protection Regulation

2020 ◽  
pp. 155-186
Author(s):  
María Dolores Mas Badia
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Insurance Companies ◽  
The European Union ◽  
History Data ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Credit History ◽  
Automated Processing ◽  
General Data

Despite the differences between credit risk and insurance risk, in many countries large insurance companies include credit history amongst the information to be taken into account when assigning consumers to risk pools and deciding whether or not to offer them an auto or homeowner insurance policy, or to determine the premium that they should pay. In this study, I will try to establish some conclusions concerning the requirements and limits that the use of credit history data by insurers in the European Union should be subject to. In order to do this, I shall focus my attention primarily on Regulation (EU) 2016/679. This regulation, that came into force on 24 May 2018, not only forms the backbone of personal data protection in the EU, but is also set to become a model for regulation beyond the borders of the Union. This article will concentrate on two main aspects: the lawful basis for the processing of credit history data by insurers, and the rules that should apply to decisions based solely on automated processing, including profiling.Received: 30 December 2019Accepted: 07 February 2020Published online: 02 April 2020

scholarly journals Delegation-Based Personal Data Processing Request Notarization Framework for GDPR Based on Private Blockchain

2021 ◽  
Vol 11 (22) ◽  
pp. 10574
Author(s):  
Sung-Soo Jung ◽  
Sang-Joon Lee ◽  
Ieck-Chae Euom
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Data Privacy ◽  
Personal Data ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Compliance Audit ◽  
General Data ◽  
Data Controller ◽  
Data Subject

With the growing awareness regarding the importance of personal data protection, many countries have established laws and regulations to ensure data privacy and are supervising managements to comply with them. Although various studies have suggested compliance methods of the general data protection regulation (GDPR) for personal data, no method exists that can ensure the reliability and integrity of the personal data processing request records of a data subject to enable its utilization as a GDPR compliance audit proof for an auditor. In this paper, we propose a delegation-based personal data processing request notarization framework for GDPR using a private blockchain. The proposed notarization framework allows the data subject to delegate requests to process of personal data; the framework makes the requests to the data controller, which performs the processing. The generated data processing request and processing result data are stored in the blockchain ledger and notarized via a trusted institution of the blockchain network. The Hypderledger Fabric implementation of the framework demonstrates the fulfillment of system requirements and feasibility of implementing a GDPR compliance audit for the processing of personal data. The analysis results with comparisons among the related works indicate that the proposed framework provides better reliability and feasibility for the GDPR audit of personal data processing request than extant methods.

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