scholarly journals Systematic Regulation of Personal Information Rights in the Era of Big Data

SAGE Open ◽  
2022 ◽  
Vol 12 (1) ◽  
pp. 215824402110675
Author(s):  
FangBing Zhu ◽  
Zongyu Song

Big data has an important impact on people’s production and life. The existing legal and judicial protection, sanctions, and mechanisms for the enforcement of information rights have proved insufficient to stem the serious consequences of rampant leakage and illegal activity. Based on Information Full Life Cycle Theory, this article combines qualitative analysis with quantitative analysis, uses data from the Survey Report on App Personal Information Leakage released by China Consumers Association as an example, and finds that illegal access, illegal provisions, and illegal transactions have become important sources of personal information leakage. The main reasons for this problem include limitations of the technologies used, the falsification of informed consent, the lag of legislative protections, and a lack of administrative supervision. Systematic regulation of the right to protect personal information should include a variety of initiatives. First, it should be used to identify who to protect and how to protect them. Second, there needs to be a shift from identifiable subject regulations to risk control. Third, legislation needs to be comprehensive, entailing a shift from fragmented to systemic reforms. Fourth, protection efforts should include supervision, self-regulation, and management. Finally, the jurisdiction of legislation should extend across cyberspace and physical reality as a means to achieve a balance between effective protection and the reasonable use of personal information.

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lei Huang ◽  
Jingyi Zhou ◽  
Jiecong Lin ◽  
Shengli Deng

PurposeIn the era of big data, people are more likely to pay attention to privacy protection with facing the risk of personal information leakage while enjoying the convenience brought by big data technology. Furthermore, people’s views on personal information leakage and privacy protection are varied, playing an important role in the legal process of personal information protection. Therefore, this paper aims to propose a semi-qualitative method based framework to reveal the subjective patterns about information leakage and privacy protection and further provide  practical implications for interested party.Design/methodology/approachQ method is a semi-qualitative methodology which is designed for identifying typologies of perspectives. In order to have a comprehensive understanding of users’ viewpoints, this study incorporates LDA & TextRank method and other information extraction technologies to capture the statements from large-scale literature, app reviews, typical cases and survey interviews, which could be regarded as the resource of the viewpoints.FindingsBy adopting the Q method that aims for studying subjective thought patterns to identify users’ potential views, the authors have identified three categories of stakeholders’ subjectivities: macro-policy sensitive, trade-offs and personal information sensitive, each of which perceives different risk and affordance of information leakage and importance and urgency of privacy protection. All of the subjectivities of the respondents reflect the awareness of the issue of information leakage, that is, the interested parties like social network sites are unable to protect their full personal information, while reflecting varied resistance and susceptibility of disclosing personal information for big data technology applications.Originality/valueThe findings of this study provide an overview of the subjective patterns on the information leakage issue. Being the first to incorporate the Q method to study the views of personal information leakage and privacy protection, the research not only broadens the application field of the Q method but also enriches the research methods for personal information protection. Besides, the proposed LDA & TextRank method in this paper alleviates the limitation of statements resource in the Q method.


2014 ◽  
Vol 971-973 ◽  
pp. 1768-1771
Author(s):  
Dong Ye Zhang

This paper follows the personal information and constitution, the right basic of personal protection, personal information protection status in our country and the logic of that constitution protects personal information sequentially, and then the approach adoption and basic idea of our citizen personal information protection are raised in the constitutional vision. The legal right measure is confirmed as the most basic principles of legislation, enforcement and judicial protection act by using right analysis method. Researched that the standards is citizen personal information act logic which is protected by country are power and balance of rights.


Medicne pravo ◽  
2021 ◽  
pp. 80-85
Author(s):  
K. Y. Tereshko

The concept of defamation and the composition of defamation tort are analyzed. Foreign experience and judicial practice of defamation application are given. The need to uphold the principle of ensuring a balance between the constitutional right to freedom of thought and speech, the right to free expression of one’s views and beliefs, on the one hand, and the right to respect for human dignity, constitutional guarantees of non-interference in private and family life, judicial protection of the right to rebuttal inaccurate personal information, on the other. The defamation balance between medical collegiality and critical assessment of doctors' activity is formulated. A «defamatory balance» has been formed between the collegiality of doctors and the critical evaluation of doctors' activities, which will be achieved by the preemptive right to freedom of expression to protect the lives and health of patients, actions in the public interest in the case law of the European Court of Human Rights.


Blockchain technologies are becoming more popular in securing the sensitive data such as government holding citizens’ s wealth, health and personal information. A blockchain is a shared encrypted data of records, consisting of a ledger of transactions. As the data stored in blockchain is tamper proof, it is proposed to implement new Aadhar enrolments with P2P Blockchains and migrate the existing centralized Aadhar personnel’s personal data from the conventional RDBMS / Big data system repositories to distributed ledger technologies by creating private blockchains. In this paper, we will discuss how to provide security for Aadhar card enrolment data using blockchain architectures. A blockchain-based Aadhaar would help UIDAI in truly complying with the data protection and privacy stipulations outlined in the Right to Privacy Act judgment


2021 ◽  
Vol 37 (4) ◽  
pp. 429-451
Author(s):  
Phan Duong Hieu ◽  
Moti Yung

Cryptography is the fundamental cornerstone of cybersecurity employed for achieving data confidentiality, integrity, and authenticity. However, when cryptographic protocols are deployed for emerging applications such as cloud services or big data, the demand for security grows beyond these basic requirements. Data nowadays are being extensively stored in the cloud, users also need to trust the cloud servers/authorities that run powerful applications. Collecting user data, combined with powerful machine learning tools, can come with a huge risk of mass surveillance or undesirable data-driven strategies for making profits rather than for serving the user. Privacy, therefore, becomes more and more important, and new techniques should be developed to protect personal information and to reduce trust requirements on the authorities or the Big Tech providers. In a general sense, privacy is ``the right to be left alone'' and privacy protection allows individuals to have control over how their personal information is collected and used. In this survey, we discuss the privacy protection methods of various cryptographic protocols, in particular we review: - Privacy in electronic voting systems. This may be, perhaps, the most important real-world application where privacy plays a fundamental role. %classical authentication with group, ring signatures, anonymous credentials. - Private computation. This may be the widest domain in the new era of modern technologies with cloud computing and big data, where users delegate the storage of their data and the computation to the cloud. In such a situation, ``how can we preserve privacy?'' is one of the most important questions in cryptography nowadays. - Privacy in contact tracing. This is a typical example of a concrete study on a contemporary scenario where one should deal with the unexpected social problem but needs not pay the cost of weakening the privacy of users. Finally, we will discuss some notions which aim at reinforcing privacy by masking the type of protocol that we execute, we call it the covert cryptographic primitives and protocols.


Author(s):  
Taixia Shen ◽  
Chao Wang

Individuals have the right to health according to the Constitution and other laws in China. Significant barriers have prevented the full realisation of the right to health in the COVID-19 era. Big data technology, which is a vital tool for COVID-19 containment, has been a central topic of discussion, as it has been used to protect the right to health through public health surveillance, contact tracing, real-time epidemic outbreak monitoring, trend forecasting, online consultations, and the allocation of medical and health resources in China. Big data technology has enabled precise and efficient epidemic prevention and control and has improved the efficiency and accuracy of the diagnosis and treatment of this new form of coronavirus pneumonia due to Chinese institutional factors. Although big data technology has successfully supported the containment of the virus and protected the right to health in the COVID-19 era, it also risks infringing on individual privacy rights. Chinese policymakers should understand the positive and negative impacts of big data technology and should prioritise the Personal Information Protection Law and other laws that are meant to protect and strengthen the right to privacy.


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