A comparative analysis of personal data protection regulations between the EU and China

2020 ◽  
Vol 20 (3) ◽  
pp. 565-587
Author(s):  
Philip Andreas Weber ◽  
Nan Zhang ◽  
Haiming Wu
Keyword(s):  
Comparative Analysis ◽  
Data Protection ◽  
Personal Data ◽  
Personal Data Protection ◽  
The Eu

scholarly journals Projekt reformy ochrony danych osobowych - czy rzeczywiście powstanie jednolity i spójny system?

2014 ◽  
pp. 93-125
Author(s):  
Agnieszka Grzelak
Keyword(s):  
Comparative Analysis ◽  
European Commission ◽  
Data Protection ◽  
Legal Status ◽  
Personal Data ◽  
General System ◽  
Consistent System ◽  
Personal Data Protection ◽  
Criminal Matters ◽  
The Eu

In January 2014 two years passed since the European Commission presented a package of reforms of the system of personal data protection in the EU. Com‑ mission proposed to create, in its opinion, a uniform and consistent system across the EU. The idea of the paper is to answer the question whether the Commission’s proposal to adopt two separate acts (one as a general system, and the second for cooperation in criminal matters and police), should meet the proposed assumptions. In order to analyze that, first the treaty background is presented, then current legal status in the field of personal data in the EU, and finally a comparative analysis of the solutions of the two drafts. The analysis leads to the conclusion that there are serious concerns about the lack of consistency.

scholarly journals Odpowiedzialność karna za utrudnianie i udaremnianie prowadzenia kontroli na gruncie ustawy o ochronie danych osobowych z dnia 10 maja 2018 r. Podstawowe zagadnienia karnoprawne

2020 ◽  
Vol 30 (4) ◽  
pp. 165-180
Author(s):  
Daria Sieradzka
Keyword(s):  
Comparative Analysis ◽  
Data Protection ◽  
Criminal Liability ◽  
Personal Data ◽  
Supervisory Authority ◽  
Personal Data Protection ◽  
Eu Legislation ◽  
Characteristic Features ◽  
The Eu ◽  
The Way

The paper analyses two provisions of the Act of 10 May 2018 on Personal Data Protection. It describes the structure and characteristic features of acts which obstruct or frustrate an inspection of compliance with personal data protection provisions. The paper emphasises the importance of powers held by a supervisory authority, the President of the Office for Personal Data Protection, especially in the context of the EU legislation. The article also gives examples of interrelationship between the controller and the entity that is controlled and discusses the way this impacts criminal liability. It presents a comparative analysis of the said provision alongside its analogous provision which is related to inspection carried out under Article 55 of the Act of 14 December 2018 on Personal Data Protection in Connection with Preventing and Fighting Crime. The final conclusions include some proposals for, inter alia, the analysis of problems noted by the Personal Data Protection Office while conducting control proceedings in the years 2018–2019.

scholarly journals GDPR v. GDPL

2020 ◽  
Vol 12 (2) ◽  
pp. 91-117
Author(s):  
Aline Iramina
Keyword(s):  
Comparative Analysis ◽  
Data Protection ◽  
Personal Data ◽  
Network Governance ◽  
Regulation Theory ◽  
Personal Data Protection ◽  
Governance Theory ◽  
Responsive Regulation ◽  
Legal Frameworks ◽  
The Eu

Purpose ”“ The main purpose of this article is to analyze the aspects of the responsiveness approach adopted by European and Brazilian lawmakers in the elaboration of data protection rules, such as GDPR and LGPD.  Methodology ”“ The applied methodology is based on the responsive regulation theory and, additionally, the network governance theory, through the comparative analysis of personal data protection legal frameworks in Brazil and the EU. Findings ”“ Based on the comparative analysis of the GDPR and the LGPD, it is verified the adoption of escalated regulatory techniques of Ayres and Braithwaite’s enforcement pyramid in the developed of these norms, as a strategy adopted by lawmakers to guarantee a greater compliance from regulated entities.  

scholarly journals Applicable Law to Transnational Personal Data: Trends and Dynamics

2020 ◽  
Vol 21 (6) ◽  
pp. 1283-1308
Author(s):  
Jie (Jeanne) Huang
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Chinese Media ◽  
Applicable Law ◽  
Personal Data Protection ◽  
Regional Coordination ◽  
The Law ◽  
Model Law ◽  
The Right ◽  
The Eu

AbstractThe recent COVID-19 outbreak has pushed the tension of protecting personal data in a transnational context to an apex. Using a real case where the personal data of an international traveler was illegally released by Chinese media, this Article identifies three trends that have emerged at each stage of conflict-of-laws analysis for lex causae: (1) The EU, the US, and China characterize the right to personal data differently; (2) the spread-out unilateral applicable law approach comes from the fact that all three jurisdictions either consider the law for personal data protection as a mandatory law or adopt connecting factors leading to the law of the forum; and (3) the EU and China strongly advocate deAmericanization of substantive data protection laws. The trends and their dynamics provide valuable implications for developing the choice of laws for transnational personal data. First, this finding informs parties that jurisdiction is a predominant issue in data breach cases because courts and regulators would apply the law of the forum. Second, currently, there is no international treaty or model law on choice-of-law issues for transnational personal data. International harmonization efforts will be a long and difficult journey considering how the trends demonstrate not only the states’ irreconcilable interests but also how states may consider these interests as their fundamental values that they do not want to trade off. Therefore, for states and international organizations, a feasible priority is to achieve regional coordination or interoperation among states with similar values on personal data protection.

scholarly journals The Adequacy of Data Protection Laws in Protecting Personal Data in Malaysia

2021 ◽  
Vol 6 (10) ◽  
pp. 488-495
Author(s):  
Nurkhairina Binti Noor Sureani ◽  
Atikah Shahira Binti Awis Qurni ◽  
Ayman Haziqah Binti Azman ◽  
Mohd Bahrin Bin Othman ◽  
Hariz Sufi Bin Zahari
Keyword(s):  
Comparative Analysis ◽  
Data Protection ◽  
Personal Data ◽  
Data Breaches ◽  
Personal Data Protection ◽  
Analysis Methodology ◽  
Data Subject

With the burgeoning technology, Malaysia has seen a staggering number of data breaches and data leaks within this past decade alone, with no signs of the trend decreasing. This has raised questions on whether the Personal Data Protection Act 2010 (PDPA) adequately protects the personal data of Malaysians. With the recent COVID-19 pandemic, data has been collected on a larger scale than before, with more frequent data leaks occurring. Hence, this study aims to analyse the adequacy of the PDPA by benchmarking it to the United Kingdom’s (UK) Data Protection Act 2018, which have seen a decrease in data breaches since the implementation of the new legislation. In this context, personal data refers to information processed or recorded that relates directly or indirectly to a data subject, who may be identified from the information and may include sensitive personal data. The study uses a doctrinal analysis methodology to best explore the ideas and concepts within the literature available regarding the protection of personal data. The study also employs a comparative analysis methodology by comparing the scope and application of Malaysian and UK legislation for benchmarking. The findings suggest that there are improvements to be made for the PDPA to be adequate.

scholarly journals Should Fundamental Rights to Privacy and Data Protection be a Part of the EU's International Trade ‘Deals’?

2017 ◽  
Vol 17 (3) ◽  
pp. 477-508 ◽  
Author(s):  
SVETLANA YAKOVLEVA
Keyword(s):  
International Trade ◽  
Data Protection ◽  
Personal Data ◽  
Trade Agreements ◽  
Two Dimensions ◽  
Fundamental Rights ◽  
International Trade Agreements ◽  
Personal Data Protection ◽  
Trade Deals ◽  
The Eu

AbstractThis article discusses ways in which the General Agreement on Trade in Services (GATS) and post-GATS free trade agreements may limit the EU's ability to regulate privacy and personal data protection as fundamental rights. After discussing this issue in two dimensions – the vertical relationship between trade and national and European Union (EU) law, and the horizontal relationship between trade and human rights law – the author concludes that these limits are real and pose serious risks.Inspired by recent developments in safeguarding labour, and environmental standards and sustainable development, the article argues that privacy and personal data protection should be part of, and protected by, international trade deals made by the EU. The EU should negotiate future international trade agreements with the objective of allowing them to reflect the normative foundations of privacy and personal data protection. This article suggests a specific way to achieve this objective.

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