scholarly journals Transposition of transnational requirements relating to the protection of personal data and the security of information communicated in a global space while taking into account the groundswell concept

2021 ◽  
Vol 129 ◽  
pp. 06005
Author(s):  
Adam Madleňák ◽  
Marek Švec
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Value Added ◽  
Legal Framework ◽  
Internal Communication ◽  
Secondary Response ◽  
Internal Environment ◽  
Security Measures ◽  
Personal Data Protection ◽  
Business Entities

Research background: The adoption of the GDPR Regulation prompted the introduction of a unified regulation on the protection of personal data and highlighted the need to implement security measures relating to information disseminated across businesses operating in several mainly European countries. In practice, the adopted internal standards at the group level are expected to be introduced to the internal environment of individual local subsidiaries. The need to take into account specificities of national legal systems, as well as a specific environment capable of creating a secondary response - a groundswell has also became important. The legal framework of privacy protection in relation to the confidentiality of information disclosed by employers thus represents a fundamental challenge for the interaction between global requirements and local legislation, taking into account the specific assumptions of the business entity concerned. Purpose of the article: The aim of the paper is to describe the range of problems and solutions regarding the process of introducing internal processes of business entities in terms of data security. Moreover, the paper also pays attention to personal data protection legislation. Methods: In an effort to achieve the set goal, the authors used analytical, inductive, deductive and comparative research methods in order to identify areas of problems in relation to intrusion into the privacy of individuals in the online environment and internal communication channels. By synthesising knowledge published in domestic and foreign literature it was possible to draw up the key terminology. Findings & Value added: The experience of the authors in setting up the internal environment of business entities with regard to the issues in question (personal data protection and security of information disclosed in connection with the decision-making power of national regulators) contributes to the knowledge in the given field.

scholarly journals ESTUDO SOBRE A REALIZAÇÃO DO DIREITO DA PROTECÇÃO DE DADOS PESSOAIS ATRAVÉS DA JURISPRUDÊNCIA DO TRIBUNAL DE JUSTIÇA DA UNIÃO EUROPEIA

2020 ◽  
Vol 29 (1) ◽  
Author(s):  
Rita De Sousa Costa
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Case Law ◽  
Legal Framework ◽  
The European Union ◽  
Personal Data Protection ◽  
Court Of Justice ◽  
European Data ◽  
Data Protection Law

[PT]No presente texto, apresentamos as grandes linhas de aplicação do direito europeu da protecção de dados conforme gizadas pela jurisprudência do TJUE, com o objectivo de demonstrar como e em que medida este Tribunal modelou – e continua a modelar – o quadro jurídico em vigor, na certeza de que aquela jurisprudência impõe um conjunto de desafios determinantes para a realização material do direito europeu da protecção de dados pessoais. [ESP]Este texto presenta las líneas generales de la aplicación de la legislación europea de protección de datos tal como se establece en la jurisprudencia del TJUE, con el objetivo de demostrar cómo y en qué medida este Tribunal ha configurado -y sigue configurando- el marco jurídico vigente, con la certeza de que la dicha jurisprudencia plantea una serie de retos cruciales para la aplicación material del derecho europeo de la protección de datos personales. [ENG]This text outlines the implementation of the European data protection law as laid down in the case-law of the Court of Justice of the European Union, with the aim of demonstrating how and to what extent the Court has shaped – and continues to shape – the current legal framework. The case-law analysed points out a plethora of challenges which are key to the implementation of the European personal data protection law.

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.

The Impact of the GDPR on Extra-EU Legal Systems

2020 ◽  
pp. 224-237
Author(s):  
Maria Casoria ◽  
Eman Mahmood AlSarraf
Keyword(s):  
United Arab Emirates ◽  
Data Protection ◽  
Arabian Gulf ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Systems ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Data Protection Law ◽  
Regional Organisation

The chapter discusses the influence of the General Data Protection Regulation (GDPR) on legal systems extra-EU and particularly the Kingdom of Bahrain, country member to a regional organisation located in the Arabian Gulf denominated Gulf Cooperation Council (GCC), which is exclusive to six states (i.e., Saudi Arabia, United Arab Emirates, Oman, Qatar, and Kuwait in addition to Bahrain). Amongst these countries, Bahrain is the only one that has recently enacted its own separate Personal Data Protection Law (PDPL) mostly resembling the GDPR due to the ever-increasing commercial relationship with business undertakings in Europe. Moreover, the adoption of the data protection law counts as a huge leap forward taken by the kingdom in reforming its legal framework, since it is the state's striving strategy to grow into a midpoint for data centre, just on time for the launch of data centres opening in Bahrain that are endorsed by Amazon Web Services.

PERSONAL DATA PROTECTION AND RESEARCH ACTIVITIES: EU LEGAL REGULATION EXPERIENCE

2019 ◽  
pp. 186-194
Author(s):  
A. G. Barabashev ◽  
D. V. Ponomareva
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
The European Union ◽  
Personal Data Protection ◽  
Research Activities ◽  
Special Rules ◽  
Biometric Information

Legal regulation of the use of personal data is essential in ensuring the quality of scientific research. Regulation of the European Parliament and of the Council of the European Union No. 2016/679 of April 27, 2016 «On the protection of natural persons with regard to the processing of personal data and on the free movement of such data», repealing Directive 95/46/EC, aims to unify the standards governing the protection of human rights to privacy, certain conditions beyond. This novel, introduced by the Regulation in the EU legal framework, complements and updates the acquis communautaire achieved within the framework of Directive 95/46/EC on personal data protection. The Regulation establishes both general rules applicable to any type of personal data processing and special rules applicable to the analysis of certain categories of personal data, such as information obtained during clinical trials. This paper provides an overview of new standards (in force since May 2018) that regulate aspects of personal data processing in the context of research activities (personal health data, genetic, biometric information, etc.)

scholarly journals Developing The Personal Data Protection In The European Union: A Consumer-Oriented Approach The Romanian Experience

2008 ◽  
Vol 12 (1) ◽  
pp. 63-74
Author(s):  
Calin Veghes
Keyword(s):  
European Union ◽  
Data Protection ◽  
Direct Marketing ◽  
Personal Data ◽  
Legal Framework ◽  
Public Institutions ◽  
Legal Rights ◽  
The European Union ◽  
Personal Data Protection ◽  
Laws And Regulations

Protection of personal data represents a relatively recent concern for all the entities consumers, organizations and public institutions involved in the development of the direct marketing industry and the overall Romanian market. Noteworthy growth of the direct marketing campaigns, increase in the consumer demands and expectations and the background provided by the countrys adhesion to the European Union, have determined a strong necessity to build up a legal framework for protection of the personal data. Important steps have been made when laws no. 677 (on the protection of the personal data in terms of their processing and free circulation - 2001), no. 506 (on the processing of personal data and protection of privacy in the electronic communications sector - 2004) and no. 102 (regarding the setting up, organization and functioning of the National Supervisory Authority for Personal Data Processing - 2005) have been issued. Adoption of the Directive no. 95/46/EC has connected Romanian and European Union legal framework of the personal data protection. Enforcement of the existing legal background has revealed several problems that have affected activities conducted mainly by the direct marketing and marketing research companies. Relatively unclear definition of the content of personal data to be protected appeared to be one of the most important. From this point, at least the following questions should be answered:what is the specific meaning of the personal data? What data is personal and must be protected through dedicated laws and regulations?are public initiatives best ways and public institutions sole entities to handle the development of an effective legal background for the personal data protection?how important is the voice of the consumers in the process of development of a regulatory environment in this area? Should those to be protected represent the main source of initiating and building the related legal framework?An exploratory survey on a sample including 96 Romanian urban consumers aged 18 to 45 has been conducted aiming to provide information on the: importance of the data protection for the consumers, main characteristics of the data protection legal environment (area of protection, public-private, respectively national-international relationships in terms of the data protection, need for national or international laws and regulations), content of the personal data to be protected by a more precisely defined object of the law, consumer preferences regarding the opt-in and opt-out mechanisms, knowledge associated to the legal rights of consumers related to the personal data protection as they are granted through the existing law, major risks associated with the absence or improper personal data protection mechanisms, consumers exposure to the personal communication media, preferences for personal sources of information and perceived importance of personalization as potential factors to be considered for the development of the personal data protection legal framework, opportunity to develop and implement a Robinson list.Results of the survey may serve as a starting point for a future research conducted at the level of a national representative sample and the Romanian experience may be considered for the upcoming effort to develop a legal framework of the personal data protection in the European Union based on the consumers views, needs and expectations.

PROTECTION OF BIOMETRIC PERSONAL DATA IN MEDICAL INFORMATION SYSTEMS

2020 ◽  
Author(s):  
A Lozhkova
Keyword(s):  
Information Systems ◽  
Data Protection ◽  
Software Package ◽  
Medical Information ◽  
Personal Data ◽  
Legal Framework ◽  
Comprehensive Approach ◽  
Medical Information Systems ◽  
Personal Data Protection

The article discusses the development of personal data protection. Changes in the legal framework for the protection of personal data in healthcare institutions are analyzed. The necessity of applying a comprehensive approach to the issue of personal data protection is identified and justified, and a software package is proposed that will prevent the leakage of personal data.

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