China’s personal data protection regime takes shape

2020 ◽  
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Foreign Firms ◽  
Considerable Importance ◽  
Content Type ◽  
Personal Data Protection ◽  
Cross Border ◽  
The Law ◽  
Foreign Governments ◽  
Security Inspection

Significance Once finalised and promulgated, probably sometime in late 2021 or 2022, it will be China’s first comprehensive piece of legislation to govern the collection, processing and use of personal data. There are significant ramifications for domestic and foreign businesses. Impacts Security inspection requirements for cross-border transfers of personal data could have considerable importance for foreign firms. The law may be used to sanction foreign firms or retaliate against foreign governments. The law aims to settle a long-running turf war between regulators, to eliminate duplicate licensing, enforcement and inspection regimes.

Foreign firms resist India's data localisation plan

2018 ◽  
Keyword(s):  
Data Protection ◽  
Central Government ◽  
Personal Data ◽  
Digital Economy ◽  
Foreign Firms ◽  
Regulatory Regime ◽  
Fake News ◽  
Content Type ◽  
Personal Data Protection ◽  
The Government

Subject Reform of data policies. Significance The central government is developing a new regulatory regime for data protection. The main elements likely in the regulatory push are elaborated in ‘The Personal Data Protection Bill, 2018’ (PDP bill) and the accompanying report entitled ‘A Free and Fair Digital Economy’ submitted to the government in July by the Justice BN Srikrishna committee of experts. Impacts The proposals, if implemented, would increase the state’s surveillance capabilities. New rules would also force large domestic firms to share their data, somewhat encouraging smaller entrants. The government will struggle to limit the spread of fake news and misinformation, even where these trigger violence.

Importance of Personal Data Protection Law for Commercial Air Transport

2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura
Keyword(s):  
Data Protection ◽  
Public Information ◽  
Personal Data ◽  
Air Transport ◽  
Civil Aviation ◽  
Aviation Industry ◽  
Personal Data Protection ◽  
It Systems ◽  
Data Protection Law ◽  
The Law

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.

Indonesian cybersecurity faces geopolitical hurdles

2021 ◽  
Keyword(s):  
United States ◽  
Civil Society ◽  
Data Protection ◽  
Personal Data ◽  
The United States ◽  
Digital Economy ◽  
Content Type ◽  
Personal Data Protection ◽  
State Surveillance ◽  
Data Protection Law

Significance Such programmes contribute not only to Indonesia’s efforts to boost the cyber readiness of its booming digital economy, but are also designed to maintain China's friendly relations with South-east Asia’s largest economy amid the intensifying technology tensions between China and the United States. Impacts The Personal Data Protection Law would need to clarify key provisions and concepts to be effective. The BSSN’s extensive powers will fuel civil society concerns about excessive state surveillance. Turning down Chinese technology suppliers carries cost and wider economic ramifications for Jakarta.

Gender-based cybercrime is likely to rise in India

2021 ◽  
Keyword(s):  
Civil Society ◽  
Data Protection ◽  
Personal Data ◽  
Content Type ◽  
Digital Platforms ◽  
Customer Base ◽  
Personal Data Protection ◽  
Online Safety ◽  
Data Protection Law ◽  
Gender Based

Significance The experience of surfing the net is vastly different for women, who have been disproportionately at the receiving end of cybercrimes that undermine their safety online. As elsewhere, the forms of online offence included bullying, stalking, impersonation and non-consensual pornography. Impacts Lack of online safety will limit the female customer base of digital platforms. Entrenched weaknesses of the judicial systems impede reporting and conviction of cybercrime. Civil society demands for a personal data protection law will rise.

scholarly journals Privacy, security, legal and technology acceptance elicited and consolidated requirements for a GDPR compliance platform

2020 ◽  
Vol 28 (4) ◽  
pp. 531-553 ◽  
Author(s):  
Aggeliki Tsohou ◽  
Emmanouil Magkos ◽  
Haralambos Mouratidis ◽  
George Chrysoloras ◽  
Luca Piras ◽  
...  
Keyword(s):  
Technology Acceptance ◽  
Data Protection ◽  
Personal Data ◽  
Secondary Process ◽  
Multiple Perspectives ◽  
Data Governance ◽  
Content Type ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Eu Project

Purpose General data protection regulation (GDPR) entered into force in May 2018 for enhancing personal data protection. Even though GDPR leads toward many advantages for the data subjects it turned out to be a significant challenge. Organizations need to implement long and complex changes to become GDPR compliant. Data subjects are empowered with new rights, which, however, they need to become aware of. GDPR compliance is a challenging matter for the relevant stakeholders calls for a software platform that can support their needs. The aim of data governance for supporting GDPR (DEFeND) EU project is to deliver such a platform. The purpose of this paper is to describe the process, within the DEFeND EU project, for eliciting and analyzing requirements for such a complex platform. Design/methodology/approach The platform needs to satisfy legal and privacy requirements and provide functionalities that data controllers request for supporting GDPR compliance. Further, it needs to satisfy acceptance requirements, for assuring that its users will embrace and use the platform. In this paper, the authors describe the methodology for eliciting and analyzing requirements for such a complex platform, by analyzing data attained by stakeholders from different sectors. Findings The findings provide the process for the DEFeND platform requirements’ elicitation and an indicative sample of those. The authors also describe the implementation of a secondary process for consolidating the elicited requirements into a consistent set of platform requirements. Practical implications The proposed software engineering methodology and data collection tools (i.e. questionnaires) are expected to have a significant impact for software engineers in academia and industry. Social implications It is reported repeatedly that data controllers face difficulties in complying with the GDPR. The study aims to offer mechanisms and tools that can assist organizations to comply with the GDPR, thus, offering a significant boost toward the European personal data protection objectives. Originality/value This is the first paper, according to the best of the authors’ knowledge, to provide software requirements for a GDPR compliance platform, including multiple perspectives.

scholarly journals Applicable Law to Transnational Personal Data: Trends and Dynamics

2020 ◽  
Vol 21 (6) ◽  
pp. 1283-1308
Author(s):  
Jie (Jeanne) Huang
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Chinese Media ◽  
Applicable Law ◽  
Personal Data Protection ◽  
Regional Coordination ◽  
The Law ◽  
Model Law ◽  
The Right ◽  
The Eu

AbstractThe recent COVID-19 outbreak has pushed the tension of protecting personal data in a transnational context to an apex. Using a real case where the personal data of an international traveler was illegally released by Chinese media, this Article identifies three trends that have emerged at each stage of conflict-of-laws analysis for lex causae: (1) The EU, the US, and China characterize the right to personal data differently; (2) the spread-out unilateral applicable law approach comes from the fact that all three jurisdictions either consider the law for personal data protection as a mandatory law or adopt connecting factors leading to the law of the forum; and (3) the EU and China strongly advocate deAmericanization of substantive data protection laws. The trends and their dynamics provide valuable implications for developing the choice of laws for transnational personal data. First, this finding informs parties that jurisdiction is a predominant issue in data breach cases because courts and regulators would apply the law of the forum. Second, currently, there is no international treaty or model law on choice-of-law issues for transnational personal data. International harmonization efforts will be a long and difficult journey considering how the trends demonstrate not only the states’ irreconcilable interests but also how states may consider these interests as their fundamental values that they do not want to trade off. Therefore, for states and international organizations, a feasible priority is to achieve regional coordination or interoperation among states with similar values on personal data protection.

scholarly journals Investigating the efficacy of the Egyptian Data Protection Law on Media Freedom: Journalists’ perceptions

2022 ◽  
Vol 35 (1) ◽  
pp. 101-118
Author(s):  
Miral-Sabry AlAshry
Keyword(s):  
Data Protection ◽  
Focal Point ◽  
Personal Data ◽  
Press Freedom ◽  
Information Control ◽  
Personal Data Protection ◽  
Data Protection Law ◽  
The Law ◽  
The Government ◽  
Using Data

The purpose of this study is to investigate the effectiveness of the Egyptian Personal Data Protection Law No. 151 for 2020, as well as its implications for journalistic practice. More specifically, the focal point of this study was to explore how Egyptian journalists interpret the law and its implication for press freedom in Egypt. The underpinning theoretical framework was informed by the Authoritarian school of thought. Questionnaires were distributed to 199 journalists from both independent and semi-governmental representing thirteen official newspapers of Egypt, while in-depth interviews were done with (3) Editors, (4) journalists, and (3) human rights lawyers. The finding of the study indicated that the government placed restrictions on journalists by using Data Protection Law relating to the media. That law is negatively impacting journalists and media houses. It was clear from the findings that the journalists see the law as an obstacle to media independence, as it allows the government to exercise greater information control through digital policy and puts rules of regulation against journalists.

India’s data rules will favour state and local firms

2019 ◽  
Keyword(s):  
Open Access ◽  
Data Protection ◽  
Prime Minister ◽  
Personal Data ◽  
Content Type ◽  
Personal Data Protection ◽  
General Elections ◽  
State And Local ◽  
The Government ◽  
Data Ecosystem

Subject India’s data ecosystem and reform outlook. Significance Prime Minister Narendra Modi’s second government is expected to revive its effort to enforce a new data protection framework. The draft 2018 Personal Data Protection (PDP) bill, deferred due to the April-May general elections, will be tabled afresh when the new parliament convenes from July. Impacts Policy push for data localisation and relatively open access to competing firms will not be reversed. This will be welcomed by large domestic corporates, while alientating foreign ‘big tech’. Cybersecurity of data stored by local corporates and the government will remain poor.

Comment on “Containing COVID-19 Among 627,386 Persons in Contact With the Diamond Princess Cruise Ship Passengers Who Disembarked in Taiwan: Big Data Analytics” (Preprint)

2020 ◽  
Author(s):  
Rock Liu
Keyword(s):  
Disease Control ◽  
Data Protection ◽  
Personal Data ◽  
Base Station ◽  
The Other ◽  
Personal Privacy ◽  
Personal Data Protection ◽  
The Future ◽  
The Law ◽  
The Government

BACKGROUND The Diamond Princess Cruise outbreak of new corona virus (COVID-19) infection on 2nd February, and more than 2,000 passengers have entered Taiwan, causing concern. The government uses a lot of information to complete the electronic map of cruise passengers within a day, and sends a cell message to the 620,000 people who have contacted the cruise passengers, followed by more than one tracking, if there are respiratory symptoms or pneumonia; then go for an inspection. Chen [1] et al.’s paper has two main points. One is to use the online signal between the mobile phone and the base station to find out the people who have contacted the Princess Diamond passenger. The second is to the 620,000 people who have contacted the Princess Diamond passenger. Use the health insurance database for follow-up health tracking. OBJECTIVE Disease control and prevention sometimes conflict with personal data protection and privacy [6-7, 10]. Science and technology and law always come from human nature [8-9]. How make the balances of both, we needs people's wisdom [11]. METHODS Although the effectiveness of Taiwan’s control against the new coronavirus epidemic is very good, it has taken the lead in violating the law in this practice. The paper by Chen et al. claimed that in the face of new epidemic diseases such as the new coronavirus, it is possible to directly access personal data without obtaining personal consent. According to the investigation, there are currently three laws in Taiwan: 1) Communicable Disease Control Act [3]. 2) The Communication Security and Surveillance Act [4]. 3) Personal Data Protection Act [5]. Those are not mentioned that the government directly calls individuals without personal authorization under special circumstances, such as the new coronavirus epidemic. Therefore, the government violated the law in this case. On the other hand, the paper also emulates South Korea’s policies [2] and practices in the new coronavirus epidemic, such as cell phone positioning, electronic medical records, swipe records, and monitors. South Korea’s laws do not satisfy to Taiwan. Here is another wrong example. RESULTS We know that the world is fighting against the new coronavirus, but this cannot allow the Taiwan government to use it as a reasonable excuse for infringing on personal privacy. Although the other countries have serious new coronavirus epidemics, they seal the city or limit the people’s social distance, and do not violate personal privacy. How to strike a balance between controlling the epidemic situation and protecting personal data and privacy, it is the direction we need to work hard in the future. CONCLUSIONS How to strike a balance between controlling the epidemic situation and protecting personal data and privacy, it is the direction we need to work hard in the future.

Russia's top bank leads sector revolution

2021 ◽  
Keyword(s):  
Central Bank ◽  
Financial Markets ◽  
Data Protection ◽  
Financial Institution ◽  
National Level ◽  
Personal Data ◽  
Content Type ◽  
Personal Data Protection ◽  
Digital Ecosystem ◽  
Technological Integration

Significance The expansion into retail reflects the transition of state-controlled Sberbank, Russia's largest bank from financial institution into a digital 'ecosystem' rebranded as Sber. Its large client base and profits have facilitated acquisitions of e-commerce firms and their technological integration. Russia's central bank has concerns about the effects on competition and consumers. Impacts The boundaries between the financial and IT sectors will be blurred further. The central bank will continue efforts to restrain Sberbank's dominance in the financial markets. Cybersecurity and personal data protection need to be addressed at company and national level.

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