International and regional commitments in African data privacy laws: A comparative analysis

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.

Download Full-text

Is There a Better Option than the Data Transfer Model to Protect Data Privacy?

University of New South Wales Law Journal ◽

10.53637/mrob8894 ◽

2019 ◽

Vol 42 (2) ◽

Author(s):

Alan Toy ◽

Gehan Gunasekara

Keyword(s):

Privacy Protection ◽

Data Privacy ◽

Data Transfer ◽

Business Environment ◽

Transfer Model ◽

Privacy Rights ◽

Choice Of Law ◽

Privacy Laws ◽

Data Privacy Protection ◽

Extraterritorial Jurisdiction

The data transfer model and the accountability model, which are the dominant models for protecting the data privacy rights of citizens, have begun to present significant difficulties in regulating the online and increasingly transnational business environment. Global organisations take advantage of forum selection clauses and choice of law clauses and attention is diverted toward the data transfer model and the accountability model as a means of data privacy protection but it is impossible to have confidence that the data privacy rights of citizens are adequately protected given well known revelations regarding surveillance and the rise of technologies such as cloud computing. But forum selection and choice of law clauses no longer have the force they once seemed to have and this opens the possibility that extraterritorial jurisdiction may provide a supplementary conceptual basis for championing data privacy in the globalised context of the Internet. This article examines the current basis for extraterritorial application of data privacy laws and suggests a test for increasing their relevance.

Download Full-text

Complying with Privacy Legislation: From Legal Text to Implementation of Privacy-Aware Location-Based Services

ISPRS International Journal of Geo-Information ◽

10.3390/ijgi7110442 ◽

2018 ◽

Vol 7 (11) ◽

pp. 442 ◽

Cited By ~ 1

Author(s):

Mehrnaz Ataei ◽

Auriol Degbelo ◽

Christian Kray ◽

Vitor Santos

Keyword(s):

Data Privacy ◽

Location Privacy ◽

Service Providers ◽

Location Based Services ◽

Legal Text ◽

General Data Protection Regulation ◽

Location Data ◽

Privacy Laws ◽

Technical Issues ◽

General Data

An individual’s location data is very sensitive geoinformation. While its disclosure is necessary, e.g., to provide location-based services (LBS), it also facilitates deep insights into the lives of LBS users as well as various attacks on these users. Location privacy threats can be mitigated through privacy regulations such as the General Data Protection Regulation (GDPR), which was introduced recently and harmonises data privacy laws across Europe. While the GDPR is meant to protect users’ privacy, the main problem is that it does not provide explicit guidelines for designers and developers about how to build systems that comply with it. In order to bridge this gap, we systematically analysed the legal text, carried out expert interviews, and ran a nine-week-long take-home study with four developers. We particularly focused on user-facing issues, as these have received little attention compared to technical issues. Our main contributions are a list of aspects from the legal text of the GDPR that can be tackled at the user interface level and a set of guidelines on how to realise this. Our results can help service providers, designers and developers of applications dealing with location information from human users to comply with the GDPR.

Download Full-text

Appendix C: Government Data Privacy Laws

Advanced Criminal Investigations and Intelligence Operations ◽

10.1201/b17057-19 ◽

2014 ◽

pp. 361-376

Keyword(s):

Data Privacy ◽

Privacy Laws ◽

Government Data

Download Full-text

Sheherezade and the 101 Data Privacy Laws: Origins, Significance and Global Trajectories

SSRN Electronic Journal ◽

10.2139/ssrn.2280877 ◽

2013 ◽

Cited By ~ 5

Author(s):

Graham Greenleaf

Keyword(s):

Data Privacy ◽

Privacy Laws

Download Full-text

Analysis of the US Privacy Model

Research Anthology on Privatizing and Securing Data ◽

10.4018/978-1-7998-8954-0.ch087 ◽

2021 ◽

pp. 1818-1825

Author(s):

Francisco García Martínez

Keyword(s):

Data Privacy ◽

Personal Information ◽

National Level ◽

The United States ◽

The European Union ◽

General Data Protection Regulation ◽

Privacy Laws ◽

The Us ◽

General Data ◽

State Of Art

The creation of the General Data Protection Regulation (GDPR) constituted an enormous advance in data privacy, empowering the online consumers, who were doomed to the complete loss of control of their personal information. Although it may first seem that it only affects companies within the European Union, the regulation clearly states that every company who has businesses in the EU must be compliant with the GDPR. Other non-EU countries, like the United States, have seen the benefits of the GDPR and are already developing their own privacy laws. In this article, the most important updates introduced by the GDPR concerning US corporations will be discussed, as well as how American companies can become compliant with the regulation. Besides, a comparison between the GDPR and the state of art of privacy in the US will be presented, highlighting similarities and disparities at the national level and in states of particular interest.

Download Full-text