US tech policy reform will prioritise data protection

Significance New state-level data protection laws, and a potential federal privacy law, are emerging as an important challenge for major US technology firms. Already they face rising pressures regarding their market power, commercial exploitation of personal data, and their platforms' role in spreading disinformation and fake news. Impacts The latitude of US constitutional protections of free speech will make tackling misinformation more challenging than in other countries. The persistence of an advertising-based business model means the spread of misinformation will not slow significantly. Washington will prioritise negotiating a new transatlantic data transfer agreement with the EU.

Subject Action by European regulators and courts against US technology firms. Significance The Hamburg state data protection authority this month rejected an appeal by Google against the authority's decision requiring changes to Google's handling of users' personal data. This latest action comes as negotiations on new EU data-protection rules have reached a critical stage. These are raising questions about the transatlantic handling of personal data, an increasingly important resource commercially and politically. Impacts Policy differences within the EU will make it hard for the bloc to reach agreement on its proposed new data-protection rules this year. Given that user adaptation to any new EU regime will take at least two years, full compliance will not occur before 2018. Data protection will remain the most sensitive issues in transatlantic tensions over internet governance. Privacy and data-protection campaigners will try to block any transatlantic agreements on these issues, via legislative or judicial means.


Significance While primarily focused on clarifying the limits and safeguards around US government access to personal data within the United States, the White Paper could be seen as hardening the White House’s position against the CJEU ruling. Impacts Lack of a US federal privacy law will make a new agreement on transatlantic data transfers difficult to achieve. UK-EU data transfer policy is hostage to overall trade negotiations, creating serious risks for most cross-border businesses. If UK privacy policy moves away from GDPR after Brexit, securing smooth data transfers will be difficult, harming digital economies.


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.


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.


Author(s):  
Tibor Tajti

Chapter VI is a new chapter in the EIR. Its presence signals the importance that data protection law has gained in Europe since the adoption of the Data Protection Directive 95/46/EC (DPD) and Regulation 45/2001. Although the DPD is not—though it comes close to—a maximum harmonisation directive, its implementation by Member States by the end of 1998 increased data protection standards on national levels as well. Yet the concrete reason that led to the addition of this Chapter is the expanded scope of the EIR as far as the exchange and publication of personal data is concerned. The expansion and thus the enhanced need for data protection is due in particular to the provision made in the recast EIR for newly established interconnected national insolvency registers, accessible via the European e-Justice Portal. This provision has been made at a time when data protection law is increasingly recognised as a ‘stand-alone’ subject, emancipated from privacy law, as expressed indirectly also by the popularisation of the ‘data protection’ nomenclature originating in the German term ‘Datenschutz’. This has clear implications for private and commercial law, including insolvency law.


2020 ◽  
Vol 28 (4) ◽  
pp. 531-553 ◽  
Author(s):  
Aggeliki Tsohou ◽  
Emmanouil Magkos ◽  
Haralambos Mouratidis ◽  
George Chrysoloras ◽  
Luca Piras ◽  
...  

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.


Subject AI regulation. Significance A series of international and national initiatives has been launched in recent months to address the wider economic, social and political implications of artificial intelligence (AI) systems. These moves could be the precursors of more substantive regulation of this technology over the longer term. Impacts The risks AI system pose to employment in industry and services will generate the most public criticism and calls for regulation. Technology firms will oppose regulation on the grounds that it would stifle innovation. US ‘big tech’ would lobby for a regulation-light federal law on AI technologies rather than a patchwork of state-level rules.


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.


Law and World ◽  
2021 ◽  
Vol 7 (5) ◽  
pp. 40-46

The work discusses Personal Data Protection system under the European Union law, also Personal Data Protection in Georgia and the compatibility of those two regimes. Moreover, there were men- tioned ways how Georgia can adopt regulations and harmonize its legislation, to be compatible with the European Union Personal Data Protection regime. The work emphasized efforts of Georgia on the path of developing its Personal Data Protection system. The many citizens of Georgia don’t even have a knowledge that their Personal Data has to be defended. Although, the court practice of Georgia revealed good developing signs in this field. If before there were not any cases concerning personal data protection, today we have some good decisions regarding the personal data protection. The data transfer between the European Union and Georgia, is also implemented in the Association Agreement between the European Union and Georgia. Here as well has to be mentioned that the Association Agreement was the greatest step for Georgia, it was the great opportunity to harmonize Georgian Personal Data system with a European. Step by step, Georgia is straining to become a member of the European Union. Thus, this work is a look through past and future of Georgian and EU relations in the field of Personal Data system.


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.


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