5. Data protection

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.

2021 ◽  
Author(s):  
Zhivka Mateeva ◽  

In the age of the information society, the possibilities for problems of personal data protection related to the danger and threat of adverse consequences for the individual are extremely high. Violation of the right of the individual in connection with the disclosure of personal data is an encroachment on privacy. This paper examines the nature of the right to the protection of personal data, which is an integral part of the right to privacy. On the basis of the analysis of the right to protection of personal data, its essential features, characteristic for the basic human rights, are derived. On this basis, the role of the right to personal data protection is outlined, finding application in various spheres of modern life.


Author(s):  
Ian J. Lloyd

This chapter examines the core concepts which define the scope of data protection legislation. These include the concept of personal data; issues of identification; the concept of processing; non-automated filing systems; data protection actors: data controllers, data processors, and data subjects; and application of the Data Protection Act 1984.


Author(s):  
Benedetta Zavatta

Based on an analysis of the marginal markings and annotations Nietzsche made to the works of Emerson in his personal library, the book offers a philosophical interpretation of the impact on Nietzsche’s thought of his reading of these works, a reading that began when he was a schoolboy and extended to the final years of his conscious life. The many ideas and sources of inspiration that Nietzsche drew from Emerson can be organized in terms of two main lines of thought. The first line leads in the direction of the development of the individual personality, that is, the achievement of critical thinking, moral autonomy, and original self-expression. The second line of thought is the overcoming of individuality: that is to say, the need to transcend one’s own individual—and thus by definition limited—view of the world by continually confronting and engaging with visions different from one’s own and by putting into question and debating one’s own values and certainties. The image of the strong personality that Nietzsche forms thanks to his reading of Emerson ultimately takes on the appearance of a nomadic subject who is continually passing out of themselves—that is to say, abandoning their own positions and convictions—so as to undergo a constant process of evolution. In other words, the formation of the individual personality takes on the form of a regulative ideal: a goal that can never be said to have been definitively and once and for all attained.


2007 ◽  
Vol 62 (3) ◽  
pp. 380-406 ◽  
Author(s):  
Laura H. Korobkin

This essay investigates Harriet Beecher Stowe's interpolation of State v. Mann, a harsh 1829 North Carolina proslavery decision, into her 1856 novel Dred: A Tale of the Great Dismal Swamp. The essay argues that Stowe's use of State v. Mann continues a conversation about slavery that had been carried on through its text for many years in abolitionist writings. Bringing State v. Mann's circulation history into view shows Stowe engaging the antislavery establishment as well as the legal system, borrowing and imitating its techniques for handling proslavery materials. If her novel is infiltrated and structured by the many legal writings that it assimilates, its fictive world in turn infiltrates, interprets, and alters the significance of the writings she employs, so that proslavery legal writings are made to testify strongly against the slave system that they originally worked to maintain and enforce. Stowe's hybrid text dominates the law while smoothly assimilating it into an interpretive fictive context. Simultaneously, Stowe's typographical cues remind readers of State v. Mann's ongoing, destructive extratextual legal existence. By linking fictive context to legal content, Stowe's novel suggests that slave law must be read and interpreted as a unit that includes the individual suffering it imposes. Misreading State v. Mann as revealing its author's belief in the immorality of slavery, Stowe constructs a fictional judge who upholds slave law despite his personal beliefs. By absorbing, imitating, and besting the strategies and the reach of both legal and abolitionist writings, Dred implicitly stakes a claim for the superior power of political fiction to act in the world.


Hypertension ◽  
2021 ◽  
Vol 77 (4) ◽  
pp. 1029-1035
Author(s):  
Antonia Vlahou ◽  
Dara Hallinan ◽  
Rolf Apweiler ◽  
Angel Argiles ◽  
Joachim Beige ◽  
...  

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.


This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. This book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation.


2019 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Noormawanti, Iswati

The concept of self is an understanding of the attitude of the individual towards himself so that it results in the interaction of two or more people. Self-concept is a factor that communicates with others. The concept of self is the views and attitudes of individuals towards themselves, characteristics and individual and self-motivation. The self-view includes not only individual strengths but also weaknesses and even failures. This self-concept is psychological, social and physical. Self-concept is our views and feelings about ourselves, which include physical, psychological and social aspects. The concept of self is not just a descriptive picture, but also an assessment of ourselves, including what we think and how we feel. Anita Taylor defines self-concept as "all you think and feel about you, the entire complex of beliefs and attitudes you hold abaout yourself '. Human behavior is a product of their interpretation of the world around them through social interaction. Behavior is often a choice as a feasible thing to do based on how it defines the existing situation. The definition they give to other people, situations, objects and even themselves determines their behavior. So it is individuals who are considered active to regulate and determine their own behavior and environment. While the core of the individual is consciousness (consciousness). self-development depends on communication with others, which shape or influence themselves


Author(s):  
Yola Georgiadou ◽  
Rolf de By ◽  
Ourania Kounadi

The General Data Protection Regulation (GDPR) protects the personal data of natural persons and at the same time allows the free movement of such data within the European Union (EU). Hailed as majestic by admirers and dismissed as protectionist by critics, the Regulation is expected to have a profound impact around the world, including in the African Union (AU). For European–African consortia conducting research that may affect the privacy of African citizens, the question is ‘how to protect personal data of data subjects while at the same time ensuring a just distribution of the benefits of a global digital ecosystem?’ We use location privacy as a point of departure, because information about an individual’s location is different from other kinds of personally identifiable information. We analyse privacy at two levels, individual and cultural. Our perspective is interdisciplinary: we draw from computer science to describe three scenarios of transformation of volunteered/observed information to inferred information about a natural person and from cultural theory to distinguish four privacy cultures emerging within the EU in the wake of GDPR. We highlight recent data protection legislation in the AU and discuss factors that may accelerate or inhibit the alignment of data protection legislation in the AU with the GDPR.


2017 ◽  
pp. 2041-2061
Author(s):  
Neeta Baporikar

Entrepreneurship has assumed super importance for accelerating economic growth both in developed and developing countries. It promotes capital formation and creates wealth in country. It is hope and dreams of millions of individuals around the world. It reduces unemployment and poverty and it is a pathway to prosper. The word entrepreneur is of French origin and literally means the person that takes between – the middlemen; in a more free translation, the individual who pursues a commercial activity. In spite of various studies, defining entrepreneurship is still a major dispute among researchers and the word entrepreneur still has no common meaning among the academic community. So, espousing a very broad definition for entrepreneurship that incorporates business owners and self-employed individuals and adopting a grounded theory approach with in depth literature review of published documents and data, the core of this chapter is to review critically entrepreneurship in the Middle East with specific focus on Oman.


Author(s):  
Sam De Silva

Developments in technology and the global nature of business means that personal information about individuals in the UK may often be processed overseas, frequently without the explicit knowledge or consent of those individuals. This raises issues such as the security of such data, who may have access to it and for what purposes and what rights the individual may have to object. The Data Protection Act 1998 provides a standard of protection for personal data, including in respect of personal data that is being transferred outside of the UK. Chapter 18 focus on how a UK data controller (the organisation that controls how and why personal data is processed and is therefore legally responsible for compliance) can fulfil its business and operational requirements in transferring personal data outside the EEA, whilst ensuring legal compliance.


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