Systematic Government Access to Private-Sector Data in Australia

Electronic Documents ◽

Constitutional Protection ◽

Privacy Act ◽

Canadian Law ◽

This chapter focuses on Canadian law as it applies to government access to private-sector data. The Canadian Charter of Rights and Freedoms implicitly provides constitutional protection of privacy by prohibiting unreasonable search and seizure by the state (s. 8) and by limiting government intrusion on life, liberty and security of the person (s. 7). With some exceptions, the Charter requires law enforcement agencies to seek prior authorization before accessing personal information. However, Canada’s national security intelligence agencies are subject to more relaxed standards. The Privacy Act regulates federal government institutions’ relationship with personal information, whereas the private sector is regulated by the Personal Information and Protection of Electronic Documents Act. However, numerous exceptions in both statutes allow for (and in some cases encourage), information sharing between private-sector and state entities.

CONCEPTS AND APPLICATION OF GOOD GOVERNANCE IN THE GOVERNMENT OF OMAR BIN ABDUL AZIZ

Petita Jurnal Kajian Ilmu Hukum dan Syariah ◽

10.22373/petita.v6i1.108 ◽

2021 ◽

Vol 6 (1) ◽

pp. 117-132

Author(s):

Zul Karnaini

Keyword(s):

Human Rights ◽

Law Enforcement ◽

Private Sector ◽

Good Governance ◽

The State ◽

Umayyad Dynasty ◽

Effectiveness And Efficiency ◽

The Government ◽

Good And Evil ◽

Islamic Values

The term Good Governance (an-Nizam al-Siyasah) is an Islamic concept in the implementation of good governance according to the Qur'an and Hadith. This concept was re-emerged by UNDP in 1990 which was implemented by Umar bin Abdul Aziz during the Umayyad dynasty, in balancing a synergistic and constructive relationship between the state, the private sector and society, through the principles of good governance applied by Umar bin Abdul Aziz: 1. tawhid, 2. Trust, 3. Deliberation, 4. Justice and Law Enforcement, 5. Equality, 6. Brotherhood, 7. Human Rights (HAM), 8. Effective and Efficient, 9. Social Supervision. Umar bin Abd Aziz's principles of good governance are in line with Islamic values, such as: Allah as the highest caliph, trustworthiness, deliberation, justice, equality, brotherhood, human rights, and commanding good and evil. In comparison, UNDP and LAN Good Governance have the following principles: participation, law enforcement, transparency, equality, responsiveness, effectiveness, professionalism, supervision. The principles of good governance of Umar bin Abdul Aziz associated with maqasid sharia are; the principle of tawhid according to maqasid shari'ah in the field of muhafazah ad-din (maintaining religion), the principle of trustworthiness and effectiveness and efficiency, including the category of muhafazah al-mal (protection of property). The application of deliberation, including the category of muhafazah al-aql (preservation of reason) and brotherhood is included in the category of muhafazah al-nasl (maintaining offspring). Human Rights (HAM) are included in the category of muhafazah al-nafs (protecting the soul). in line with the maqasid shari'ah al-Syatibi. If tawhid is connected with Imam Malik's istislahi theory, then this principle includes daruriyyah (principle), while justice and law enforcement, deliberation, trust, equality, brotherhood are included in the hajiyyah category. effective, efficient, social supervision is included in the category of taksiniyah. Then how is good governance implemented and how is it related to UNDP good governance. This is the study of this treatise as material to add to the treasures of knowledge in the state Abstrak: Istilah Good Governance (an-Nizam al-Siyasah) merupakan konsep Islam dalam pelaksanaan tata kelola pemerintahan yang baik sesuai al-Qur’an dan Hadits. Konsep ini dimunculkan kembali oleh UNDP pada 1990 yang pernah dilaksanakan Umar bin Abdul Aziz pada masa dinasti Umayyah, dalam menyeimbangkan hubungan yang sinergis dan konstruktif antara negara, sektor swasta dan masyarakat, melalui prinsip good governance yang diterapkan Umar bin Abdul Aziz: 1. tawhid, 2. Amanah, 3. Musyawarah, 4. Keadilan dan Penegakan Hukum, 5. Persamaan, 6. Persaudaraan, 7. Hak Asasi Manusia (HAM), 8. Efektif dan Efisien, 9. Pengawasan Sosial. Prinsip-prinsip Good governance Umar bin Abd Aziz sejalan dengan tata nilai Islam, seperti: Allah sebagai khalifah tertinggi, amanah, musyawarah, keadilan, persamaan, persaudaraan, HAM, dan amar makruf nahi munkar. Sebagai bandingannya adalah Good Governance UNDP dan LAN memiliki prinsip sebagai berikut: partisipasi, penegakan hukum, transparansi, kesetaraan, daya tanggap, efektif, profesionalisme, pengawasan. Prinsip-prinsip good governance Umar bin Abdul Aziz diakaikan dengan maqasid syariah adalah; prinsip tawhid sesuai maqasid syari’ah bidang muhafazah ad-din (menjaga agama), prinsip amanah dan efektif serta efisien termasuk ketagori muhafazah al-mal (penjagaan harta). Penerapan musyawarah, termasuk kategori muhafazah al-aql (penjagaan akal) dan persaudaraan termasuk kategori muhafazah al-nasl (menjaga keturunan). Hak Asasi Manusia (HAM) termasuk kategori muhafazah al-nafs (menjaga jiwa). sejalan dengan maqasid syari’ah al-Syatibi. Jika dihubungkan tawhid dengan teori istislahi Imam Malik maka prinsip ini termasuk daruriyyah (pokok), sementara keadilan dan penegakan hukum, musyawarah, amanah, persamaan, persaudaraan termasuk tingkatan kategori hajiyyah. efektif, efisien, pengawasan sosial termasuk kategori taksiniyah. Lalu bagaimanakah good governance ini diterapkan dan bagaimana hubungannya dengan good governance UNDP. Inilah kajian risalah ini sebagai bahan untuk menambah khazanah ilmu pengetahuan dalam bernegara. Kata Kunci: Tata Kelola, Konsep dan Aplikasi yang Baik, Pemerintahan Omar Bin Abdul Aziz

Systematic Government Access to Private-Sector Data in India

10.1093/oso/9780190685515.003.0012 ◽

2017 ◽

Author(s):

Sunil Abraham

Keyword(s):

Information Technology ◽

Private Sector ◽

Mobile Phones ◽

Internet Usage ◽

Core Group ◽

System P ◽

Real Time Tracking ◽

The Government ◽

Epidemic Diseases ◽

This chapter focuses on India’s policies and practices regarding systematic government access to private-sector data. India does not have many laws that explicitly prescribe or prohibit systematic government access to private-sector data apart from provisions in laws such as the Information Technology Act, Anti-Money Laundering Act, and Epidemic Diseases Act. Nevertheless, the appetite in some parts of the government for systematic access appears to be growing. In February 2012, the Intelligence Bureau wrote to the Department of Telecom demanding that telecom operators and ISPs cooperate to enable comprehensive real-time tracking of Internet usage on mobile phones. This included the establishment of a core group “for finalisation of Internet Protocol Detail Record (IPDR) for Internet and GPRS service, and standardisation of parameters that will have to be stored by mobile phone companies….” The chapter also discusses proposals for the NATGRID and the Comprehensive Monitoring System.

Systematic Government Access to Private-Sector Data in Italy

10.1093/oso/9780190685515.003.0005 ◽

2017 ◽

Cited By ~ 1

Author(s):

Giorgio Resta

Keyword(s):

Law Enforcement ◽

Private Sector ◽

Data Protection ◽

Eu Law ◽

Legal Provisions ◽

Italian Law ◽

Data Protection Authority ◽

Special Rules ◽

Protection Authority ◽

This chapter focuses on Italian law as it pertains to the variety of legal provisions relevant to data protection and the access to private-sector data by law enforcement. The relevant sources of law can include interpretations of constitutional provisions by the Italian courts, implementation of EU law in Italian law, and statutory provisions, in particular the Italian “Data Protection Code.” Special rules apply to data processing in specific sectors, in particular the judicial sector, law enforcement, and national security. Several statutes make a broad reporting of private-sector data mandatory. Legislation provides individuals with the opportunity to assert their rights either by filing a private lawsuit or by filing a complaint with the Italian Data Protection Authority.

Systematic Government Access to Private-Sector Data in Germany

10.1093/oso/9780190685515.003.0003 ◽

2017 ◽

Cited By ~ 1

Author(s):

Paul M. Schwartz

Keyword(s):

Private Sector ◽

Personal Information ◽

German Law ◽

Personal Data ◽

Data Access ◽

Data Retention ◽

Informational Privacy ◽

Intelligence Agencies ◽

The Government ◽

This chapter covers German law as it applies to government access to private-sector data. German law has long been strongly committed to informational privacy. Its protections are found at the constitutional and statutory levels. At the same time, legislation over the last two decades has expanded the ability of the government, including police and intelligence agencies, to process, store, and share personal information. The resulting databanks create elements of systematic access to personal data in Germany. At the same time, German unease with systematic data access is shown by the ongoing controversies with data retention and the abandoned ELENA process. Complex questions have also been raised by private sector attempts to create a Germany-only “cloud” as well as the significant and ongoing collaboration between German and US intelligence agencies.

RELASI ULAMA DAN PENGUASA MASA KOLONIALISME

JURNAL INDO-ISLAMIKA ◽

10.15408/idi.v8i2.17562 ◽

2020 ◽

Vol 8 (2) ◽

pp. 126-134

Author(s):

Agung Perdana Kusuma

Keyword(s):

The Netherlands ◽

Private Sector ◽

General Public ◽

18Th Century ◽

The Government ◽

Colonial Government ◽

The Way

In the 18th century, although the Dutch Company controlled most of the archipelago, the Netherlands also experienced a decline in trade. This was due to the large number of corrupt employees and the fall in the price of spices which eventually created the VOC. Under the rule of H.W. Daendels, the colonial government began to change the way of exploitation from the old conservative way which focused on trade through the VOC to exploitation managed by the government and the private sector. Ulama also strengthen their ties with the general public through judicial management, and compensation, and waqaf assets, and by leading congregational prayers and various ceremonies for celebrating birth, marriage and death. Their links with a large number of artisans, workers (workers), and the merchant elite were very influential.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

Al-Manahij Jurnal Kajian Hukum Islam ◽

10.24090/mnh.v11i1.1269 ◽

2018 ◽

Vol 11 (1) ◽

pp. 79-92 ◽

Cited By ~ 1

Author(s):

Masdar Masdar

Keyword(s):

System Theory ◽

Law Enforcement ◽

Legal System ◽

Legal Culture ◽

Point Of View ◽

Muslim Society ◽

The Law ◽

The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

International Conference of Moslem Society ◽

10.24090/icms.2018.1809 ◽

2018 ◽

Vol 2 ◽

pp. 1-12

Author(s):

Dyah Adriantini Sintha Dewi

Keyword(s):

Law Enforcement ◽

Public Service ◽

Public Services ◽

Point Of View ◽

Law Enforcement Officials ◽

Muslim Majority ◽

The Republic ◽

The Government ◽

The One ◽

Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

KESMAS UWIGAMA: Jurnal Kesehatan Masyarakat ◽

10.24903/kujkm.v4i1.295 ◽

2018 ◽

Vol 4 (1) ◽

pp. 1

Author(s):

Ferry Fadzlul Rahman

Keyword(s):

Law Enforcement ◽

Reproductive Health ◽

Government Regulation ◽

Medical Emergency ◽

Rape Victims ◽

Negative Effects ◽

Community Factors ◽

Law Enforcement Officials ◽

The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

ANALISIS DEKRIMINALISASI ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

KESMAS UWIGAMA: Jurnal Kesehatan Masyarakat ◽

10.24903/kujkm.v2i2.315 ◽

2016 ◽

Vol 2 (2) ◽

pp. 80

Author(s):

Ferry Fadzul Rahman

Keyword(s):

Law Enforcement ◽

Reproductive Health ◽

Government Regulation ◽

Medical Emergency ◽

Rape Victims ◽

Negative Effects ◽

Community Factors ◽

Law Enforcement Officials ◽

The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.