The Transfer of Data Abroad by Private Sector Companies: Data Protection Under the German Federal Data Protection Act

2003 ◽  
Vol 4 (8) ◽  
pp. 747-757 ◽  
Author(s):  
Jutta Geiger

Private sector companies face a major challenge in ensuring compliance with the many detailed data protection rules that can apply. The compliance burden is further increased if a business enterprise operates in several countries with different data protection rules. This may complicate the exchange of data within the enterprise. The purpose of this article is to plot a path through these rules governing the transfer of personal data abroad.

2021 ◽  
Vol 10 (2) ◽  
pp. 66-79
Author(s):  
Vít Pászto ◽  
Jaroslav Burian ◽  
Karel Macků

The article is focused on a detailed micro-study describing changes in the behaviour of the authors in three months before and during the COVID-19 pandemic. The study is based on data from Google Location Service. Despite the fact it evaluates only three people and the study cannot be sufficiently representative, it is a unique example of possible data processing at such a level of accuracy. The most significant changes in the behaviour of authors before and during the COVID-19 quarantine are described and interpreted in detail. Another purpose of the article is to point out the possibilities of analytical processing of Google Location while being aware of personal data protection issues. The authors recognize that by visualizing the real motion data, one partially discloses their privacy, but one considers it very valuable to show how detailed data Google collects about the population and how such data can be used effectively.


JURISDICTIE ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 163-181
Author(s):  
Dwi Nugrahayu Devianti ◽  
Prija Djatmika ◽  
Sukarmi Sukarmi

The online loan via financial technology (fintech) is currently a new buzz in Indonesian society. Its facilities and ease in proposing the loan are very much attracting. However, this online loan practice often raises legal issues; one of them is personal data misuse. This article analyzes the usage of other people’s personal data in fintech services. This is a doctrinal legal research with statute approach. The results reveal that personal data protection has yet firmly ruled in legislation. This proves that privacy is not an urgent matter to safeguard. It then implies to the many cases on personal data theft in online loan. The operators of fintech services are responsible to protect customers’ personal data. Those found guilty to misuse the personal data will be subject to criminal sanction.Pinjaman online melalui teknologi finansial menjadi trend baru masyarakat Indonesia. Berbagai fasilitas dan kemudahan dalam pengajuan pinjaman menjadi daya tarik tersendiri. Namun, praktik pinjaman online sering menimbulkan persoalan hukum, salah satunya adalah penyalahgunaan data pribadi. Artikel ini bertujuan menganalisis penggunaan data pribadi orang lain dalam layanan finansial teknologi. Artikel ini berasal dari penelitian hukum doctrinal dengan pendekatan peraturan perundang-undangan. Hasil penelitian ini menunjukkan bahwa perlindungan data pribadi belum diatur secara tegas dalam peraturan perundang-undangan. Kondisi ini menunjukkan bahwa privasi bukan persoalan yang urgen untuk dilindungi. Hal ini berimplikasi terhadap maraknya pencurian data pribadi dalam pinjaman online. Penyelenggara jasa layanan finansial teknologi memiliki tanggung jawab untuk melindungi data pribadi nasabah. Penyelenggara yang terbukti menyalahgunakan data pribadi dapat dikenai sanksi pidana.


2002 ◽  
Vol 1 (4) ◽  
Author(s):  
Nicola Green ◽  
Sean Smith

The growth of mobile digital communication devices has seen a corresponding growth in the data created by users in the course of their mobile communications. The ease with which such data - including sensitive time-dependent location information - can be collected and stored raises clear data protection and concerns. The value such data offers to both law enforcement agencies and the private sector has complicated regulatory responses to such data protection concerns. This has lead to the contradictory situation in which mobile data is used by the law enforcement agencies and the private sector to identify individual users, yet this same information is not considered to be 'personal data'.


Author(s):  
Raymond Wacks

The routine functions of government and private institutions require a continual supply of data about us in order to administer effectively the many services that are an integral part of modern life. The provision of health services, social security, credit, insurance, and the prevention and detection of crime assume the availability of a considerable quantity of personal data and, hence, a willingness by individuals to supply it. The ubiquity of computers and computer networks facilitates almost instant storage, retrieval, and transfer of data, a far cry from the world of manual filing systems. At the core of all data protection legislation is the proposition that data relating to an identifiable individual should not be collected in the absence of a genuine purpose or the consent of the individual concerned. Adherence to, and enforcement of, this idea (and the associated rights of access and correction) has been mixed in the nearly 100 jurisdictions that have enacted data protection legislation. This chapter assesses the extent to which these statutes have succeeded in protecting personal data.


2016 ◽  
Vol 30 (2) ◽  
pp. 169-181 ◽  
Author(s):  
Juergen Sidgman ◽  
Malcolm Crompton

ABSTRACT Despite the efforts of regulatory bodies and the private sector, effective protection of personal data through legislation and business self-regulation efforts remains elusive. Privacy legislation is difficult because the flow of data is difficult to predict. Businesses tend to be ineffective at data protection because, generally, they misunderstand the value of the data they possess. Businesses, therefore, do not invest enough in protecting the undervalued asset and data are not managed to reflect their importance to organizations, individuals, and markets. This paper presents the argument that to understand data properly and to improve privacy protection, data must be valued. The paper also elaborates on major impediments to the valuation of data, as well as advantages of overcoming these impediments. In light of the paucity of both privacy and data valuation studies by accounting scholars, the paper also identifies opportunities for research.


2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura

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.


Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich

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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