scholarly journals Aplicativos de mobilidade urbana e compartilhamento de dados de tráfego com o poder público: uma análise com base na Lei Geral de Proteção de Dados brasileira / Urban mobility applications and sharing of traffic data with public power: an analysis based on the General Data Protection Law in Brazil

2020 ◽  
Vol 12 (4) ◽  
pp. 24-50
Author(s):  
Patrícia Borba Vilar Guimarães ◽  
Yanko Marcius de Alencar Xavier ◽  
Braulio Gomes Mendes Diniz
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Sharing Economy ◽  
Traffic Data ◽  
Urban Mobility ◽  
The Right To Privacy ◽  
General Data ◽  
Data Protection Law ◽  
The Government ◽  
The Right

ResumoEste artigo avalia as possibilidades de aplicativos de mobilidade urbana compartilharem dados de tráfego com o poder público como forma de auxiliar no planejamento da mobilidade urbana. Inicialmente, apresenta-se a estrutura de organização de da economia do compartilhamento, que depende intensamente do fornecimento de dados por parte dos usuários para oferecer os serviços propostos. Em seguida, destaca-se a relevância jurídica desses dados pessoais e os fundamentos de sua proteção, por um lado, e a importância de obter dados de tráfego para o planejamento da mobilidade urbana, por outro. Definido o contexto em que o debate é proposto, avalia-se de que maneira a Lei Geral de Proteção de Dados (LGPD) brasileira aborda essa questão do compartilhamento de dados pessoais com o Estado, bem como as regras específicas de três das plataformas de serviços de transporte em operação no Brasil (Uber, Cabify e 99). A partir da análise, sugerem-se como alternativas ao compartilhamento dentro dos parâmetros legais: i) o fornecimento de dados anonimizados, agregados ou tratados de modo a preservar o direito à privacidade; ii) a preservação de segredos comercial e industrial; e iii) reforço nas políticas de privacidade quanto às regras de consentimento do usuário.Palavras-chave: Mobilidade urbana. Aplicativos. Proteção de dados. LGPD. Compartilhamento de dados. AbstractThis article assesses the possibilities for urban mobility applications to share traffic data with the government as a way to assist in planning urban mobility. Initially sharing economy is presented as which depends heavily on data provision by users to offer their proposed services. Then, it highlights the legal relevance of personal data and their protection, on the one hand, and the importance of obtaining traffic data for the planning of urban mobility, on the other. Having defined the context in which the debate is proposed, it is assessed how the Brazilian General Data Protection Law (LGPD) addresses this issue of sharing personal data with the State, as well as the specific rules of three of the service urban mobility platforms in operation in Brazil (Uber, Cabify and 99). From the analysis, the following alternatives are suggested within the brazilian legal parameters: i) the provision of anonymized data, aggregated or treated in order to preserve the right to privacy; ii) the preservation of commercial and industrial secrets; and iii) reinforcement of privacy policies regarding user consent rules.Keywords: urban mobility. Applications. Data protection. LGPD. Data sharing.

scholarly journals Personas datu aizsardzības mērķis un tiesiskā regulējuma vēsturiskā attīstība

2019 ◽  
Vol 1 (13) ◽  
pp. 104-109
Author(s):  
Agnese Reine-Vītiņa
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
European Countries ◽  
Population Census ◽  
Federal Republic Of Germany ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Government ◽  
The Right

Mūsdienās tiesības uz privāto dzīvi nepieciešamas ikvienā demokrātiskā sabiedrībā, un šo tiesību iekļaušana konstitūcijā juridiski garantē fiziskas personas rīcības brīvību un vienlaikus arī citu – valsts pamatlikumā noteikto – cilvēka tiesību īstenošanu [5]. Personas datu aizsardzības institūts tika izveidots, izpratnes par tiesību uz personas privātās dzīves neaizskaramību saturu paplašinot 20. gadsimta 70. gados, kad vairāku Eiropas valstu valdības uzsāka informācijas apstrādes projektus, piemēram, tautas skaitīšanu u. c. Informācijas tehnoloģiju attīstība ļāva arvien vairāk informācijas par personām glabāt un apstrādāt elektroniski. Viena no tiesību problēmām bija informācijas vākšana par fizisku personu un tiesību uz privātās dzīves neaizskaramību ievērošana. Lai nodrošinātu privātās dzīves aizsardzību, atsevišķas Eiropas valstis pēc savas iniciatīvas pieņēma likumus par datu aizsardzību. Pirmie likumi par personas datu aizsardzību Eiropā tika pieņemti Vācijas Federatīvajā Republikā, tad Zviedrijā (1973), Norvēģijā (1978) un citur [8, 10]. Ne visas valstis pieņēma likumus par datu aizsardzību vienlaikus, tāpēc Eiropas Padome nolēma izstrādāt konvenciju, lai unificētu datu aizsardzības noteikumus un principus. Nowadays, the right to privacy is indispensable in every democratic society and inclusion of such rights in the constitution, guarantees legally freedom of action of a natural person and, simultaneously, implementation of other human rights established in the fundamental law of the state. The institute of personal data protection was established by expanding the understanding of the content of the right to privacy in the 70’s of the 19th century, when the government of several European countries initiated information processing projects, such as population census etc. For the development of information technology, more and more information on persons was kept and processed in electronic form. One of the legal problems was gathering of information on natural persons and the right to privacy. In order to ensure the protection of privacy, separate European countries, on their own initiative, established a law on data protection. The first laws on the protection of personal data in Europe were established in the Federal Republic of Germany, then in Sweden (1973), Norway (1978) and elsewhere. Not all countries adopted laws on data protection at the same time, so the Council of Europe decided to elaborate a convention to unify data protection rules and principles.

scholarly journals Uchybienie przepisom o ochronie danych osobowych jako naruszenie dobra osobistego – analiza na przykładzie orzecznictwa Sądu Najwyższego

2019 ◽  
pp. 245-259
Author(s):  
Bernard Łukanko
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Right To Privacy ◽  
Professional Literature ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
General Data ◽  
The Right ◽  
Personal Interests

The study is concerned with the issue of mutual relationship between the failure to comply with the laws on personal data protection and regulations relating to the protection of personal interests, including in particular the right to privacy. The article presents the views held by the Supreme Court with respect to the possibility of considering acts infringing upon the provisions of the Personal Data Protection Act of 1997 (after 24 May 2018) and of the General Data Protection Regulation (after 25 May 2018) as violation of personal interests, such as the right to privacy. The author shared the view of the case law stating that, if in specifc circumstances the processing of personal data violates the right to privacy, the party concerned may seek remedy on the grounds of Articles 23 and 24 of the Polish Civil Code. This position isalso relevant after the entry into force of the GDPR which, in a comprehensive and exhaustive manner, directly applicable in all Member States, regulates the issue of liability under civil law for infringements of the provisions of the Regulation, however, according to the position expressed in professional literature, it does not exclude the concurrence of claims and violation of the provisions on the protection of personal interests caused by a specifc event. In case of improper processing of personal data, the remedies available under domestic law on the protection of personal interests may be of particular importance outside the subject matter scope of the GDPR applicability. 

From universal towards child-specific protection of the right to privacy online: Dilemmas in the EU General Data Protection Regulation

2017 ◽  
Vol 19 (5) ◽  
pp. 765-779 ◽  
Author(s):  
Milda Macenaite
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Best Interests ◽  
Right To Privacy ◽  
General Data Protection Regulation ◽  
Average Child ◽  
The Right To Privacy ◽  
General Data ◽  
The Right ◽  
The Eu

The new European Union (EU) General Data Protection Regulation aims to adapt children’s right to privacy to the ‘digital age’. It explicitly recognizes that children deserve specific protection of their personal data, and introduces additional rights and safeguards for children. This article explores the dilemmas that the introduction of the child-tailored online privacy protection regime creates – the ‘empowerment versus protection’ and the ‘individualized versus average child’ dilemmas. It concludes that by favouring protection over the empowerment of children, the Regulation risks limiting children in their online opportunities, and by relying on the average child criteria, it fails to consider the evolving capacities and best interests of the child.

scholarly journals Convention 108: Present importance and implementation

2020 ◽  
pp. 99-110
Author(s):  
Arben Murtezić
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Government Officials ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
European Court ◽  
General Data ◽  
The Right ◽  
The Relationship

The purpose of this paper is to highlight the significance of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108) in the overall system of personal data protection, especially from the perspective of non-EU countries that are members of the Council of Europe. This is attempted primarily through the evaluation of correlation between the Convention 108 and ECHR and GDPR in its segment that regulates relationship between the EU and third countries. The interest for the issue of personal data protection has been increasing among legal and ICT professionals, academics, government officials and even a general public over the years. This has been particularly intensified by adopting General Data Protection Regulation (GDPR). However, the adoption of the GDPR did not diminish importance of the Convention 108. On the contrary, it seems that the 'adequacy' principle regarding the third countries proclaimed by the GDPR, stresses its importance. The paper begins with the brief overview of the Convention 108 principles and the modernization that is brought by Protocol of 2018, which coincides with the entry into force of much-mentioned GDPR. It continues with analysis of the relationship between the GDPR and Convention 108, with focus on elements decisively influencing the assessment of the adequacy of the level of protection. Even though there is no sign of equivalence between the right to privacy and personal data protection these matters inevitably intersect in practice. Therefore, the final section of the text summarizes the cases of the European Court of Human Rights invoking Convention 108, with the aim to demonstrate how it is interpreted by the highest judicial instance in Europe.

scholarly journals Legislative Advances in the General Data Protection Law

2021 ◽  
pp. 1-5
Author(s):  
Tricia Bogossian ◽  
Keyword(s):  
Data Protection ◽  
Research Problem ◽  
Technological Evolution ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
General Data ◽  
Data Protection Law ◽  
General Aspects ◽  
The Right ◽  
The Relationship

This study aims to verify whether the protection provided by the General Data Protection Law (LGPD) has been shown to be sufficient to safeguard the fundamental right to privacy in times when technological evolution is progressing and how compliance regulations can help in this context. Therefore, it addresses the right to privacy in the information society; explains the relationship between technological evolution and information security; and exposes general aspects of the LGPD. As a methodology, the theoretical-dogmatic research was used, considering that a literature review on doctrines and legislation was carried out in order to answer the research problem.

The Risk-Based Approach to Data Protection

2020 ◽  
Author(s):  
Raphaël Gellert
Keyword(s):  
Risk Management ◽  
Data Protection ◽  
Personal Data ◽  
Management Tools ◽  
General Data Protection Regulation ◽  
Regulation Theory ◽  
Régulation Theory ◽  
General Data ◽  
Data Protection Law ◽  
The Way

The main goal of this book is to provide an understanding of what is commonly referred to as “the risk-based approach to data protection”. An expression that came to the fore during the overhaul process of the EU’s General Data Protection Regulation (GDPR)—even though it can also be found in other statutes under different acceptations. At its core it consists in endowing the regulated organisation that process personal data with increased responsibility for complying with data protection mandates. Such increased compliance duties are performed through risk management tools. It addresses this topic from various perspectives. In framing the risk-based approach as the latest model of a series of regulation models, the book provides an analysis of data protection law from the perspective of regulation theory as well as risk and risk management literatures, and their mutual interlinkages. Further, it provides an overview of the policy developments that led to the adoption of such an approach, which it discusses in the light of regulation theory. It also includes various discussions pertaining to the risk-based approach’s scope and meaning, to the way it has been uptaken in statutes including key provisions such as accountability and data protection impact assessments, or to its potential and limitations. Finally, it analyses how the risk-based approach can be implemented in practice by providing technical analyses of various data protection risk management methodologies.

Personal Data Protection in Digital Libraries

2011 ◽  
pp. 413-429
Author(s):  
Ioannis Iglezakis
Keyword(s):  
Data Protection ◽  
Digital Libraries ◽  
Personal Data ◽  
Personal Data Protection ◽  
Privacy Threats ◽  
The Right To Privacy ◽  
Library Users ◽  
Personally Identifiable Information ◽  
The Us ◽  
The Right

Digital libraries provide many advantages compared with traditional libraries, such as wide and round the clock availability of resources, lack of physical boundaries, etc. However, the disclosure of personally identifiable information in the course of processing activities may lead to an invasion of privacy of library users, without their being aware of it. In fact, privacy threats are increased in the digital environment, in which digital libraries operate. The right to privacy in the library is “the right to open inquiry without having the subject of one’s interest examined or scrutinized by others” (ALA, 2005). Users of digital libraries have similar privacy expectations when making use of their services. The issues concerning the privacy of digital libraries’ patrons are thus addressed in comparative perspective, in this chapter. In more particular, the legal regulations with regard to data protection in digital libraries in the EU and the US are presented. The comparative analysis of the two legal orders shows differences and similarities, but also highlights loopholes of protection.

scholarly journals General Data Protection Law

2021 ◽  
Vol 20 ◽  
pp. e3220
Author(s):  
Cristiane Krüger ◽  
Adriana Cristina Castanho Baldassari ◽  
Luis Felipe Dias Lopes ◽  
Lizana Ilha da Silva
Keyword(s):  
Data Protection ◽  
Structural Equation ◽  
Personal Data ◽  
Survey Study ◽  
Equation Modeling ◽  
Online Questionnaire ◽  
Accounting Professionals ◽  
Technological Advances ◽  
General Data ◽  
Data Protection Law

Technological advances make it possible to quickly access and share personal data and information, which demands greater security and requires conscious attitudes from the different professionals who deal with these issues. Accounting professionals stand out in this universe for being responsible for customer, supplier, and employee data. The information insecurity scenario led to the creation of the General Data Protection Law (GDPL), a specific legislation for personal data handling. Driven by this context, this research aimed to analyze the GDPL compliance determinants among accounting professionals. In order to achieve this purpose, we conducted a quantitative, descriptive, survey study. For data collection, we developed and applied an online questionnaire addressed to accounting professionals. The final surveyed sample totaled 194 respondents. We performed the data analysis through Structural Equation Modeling. The validated model showed the dimensions of personal behaviors and attitudes and governance mechanisms as determinants, explaining 26.3% of GDPL compliance. This research contributes to the understanding of behavioral aspects of accounting professionals in face of the new legislation. It is an unprecedented approach and fills a gap in the accounting area, presenting useful contributions for educational institutions, class associations, and companies in the area.

scholarly journals Data protection rules in the united states legal system

2020 ◽  
pp. 481-484
Author(s):  
Araz Poladov
Keyword(s):  
United States ◽  
Legal System ◽  
Data Protection ◽  
Data Privacy ◽  
Practical Importance ◽  
Personal Data ◽  
The United States ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right

Purpose of research: define the general characteristics of the protection of personal data; analysis of legislation and case law.Methods of research: analysis and study of regulatory documents containing provisions on protection of personal data.Results: normative and practical importance of personal data protection provisions in various legal acts has been underscored.The right to privacy strengthened its position in the United States in the late 19th century and is now recognized by most States.Although the right to privacy in the United States was originally a British political legacy, judicial decisions in England were more conservativeand cautious than those of U.S. courts. One of the important features of this law in the Anglo-Saxon legal system is that itwas previously formed by judicial precedents and legal doctrine. Also, the right to privacy was not among the rights provided for in theBill of Rights. In general, there is an industry-wide approach to data privacy in the United States. There is no specific federal law thatwould guarantee the confidentiality and protection of personal data. Instead, legislation at the federal level is dispersed and aims to protectdata in certain sectors. Judicial practice and court decisions taken at different times play an important role in regulating personaldata protection in the United States. It is also worth mentioning that until the 1970s, decisions of the U.S. courts did not provide thenecessary privacy protection safeguards.Discussion: offering a comprehensive and detailed study and use of this practice in other states.

scholarly journals URGENCY OF THE PERSONAL DATA PROTECTION BILL ON PRIVACY RIGHTS IN INDONESIA

Jurnal Hukum ◽  
2021 ◽  
Vol 37 (1) ◽  
pp. 1
Author(s):  
Giosita Kumalaratri ◽  
Yunanto Yunanto
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Business Environment ◽  
Privacy Rights ◽  
The Public ◽  
Protection Scheme ◽  
Personal Data Protection ◽  
The Government ◽  
The Right ◽  
The Impact

The development of information technology in the era of globalization makes it easier for people to carry out their daily activities, apart from socializing, it can also be a channel for work. Behind the simplicity coveted by technological developments opens up loopholes related to personal data that is easily misused. Indonesia does not yet have specific laws governing the protection of personal data as a whole. So that the author will examine the urgency of the draft personal data law in Indonesia, personal data protection schemes, to the impact of the implementation of the personal data protection bill. This study uses a normative juridical research method. The results of the study point to a privacy rights protection scheme in which everyone has the right to publish personal data or the right not to publish personal data to the public. The weakness of personal data protection regulations in Indonesia that have not been specifically regulated increases the potential for crimes against the right to privacy, but the drafting of the Personal Data Protection Bill brings fresh air not only to the public but to the government sector to the international business environment.

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