scholarly journals The Protection of Consumer’s Personal Data and the Electronic Geodiscrimination Practice

2021 ◽  
Vol 49 (1) ◽  
pp. 709-731
Author(s):  
Bárbara Guerra Chala ◽  
Cíntia Burille ◽  
Lucas Moreschi Paulo
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Research Technique ◽  
Protection Legislation ◽  
Consumer Data ◽  
General Data ◽  
Data Protection Law ◽  
The Law

The purpose of this study is to analyse the General Data Protection Law for the Protection of Personal Data from the perspective of the protection of the consumer's personal data, with a view to ascertaining the main aspects of the legislation and verifying its impacts in relation to geopricing practices and geoblocking. To that effect, it begins by addressing the principles of the new legislation that inform the activity of processing personal data. Right after, the main axes of structuring the law are presented, focusing on aspects that concern the processing of consumer data. Finally, the practices of geodiscrimination will be examined, with the effect of assessing the legal treatment in relation to such techniques and how they may be affected after the entry into force of the General Data Protection Law. For that, the hypothetico-deductive methodology and the bibliographic research technique were adopted. Thus, it is observed that new data protection legislation added to the protection of consumers' rights in relation to the practices of geopricing and geoblocking, insofar as the standard was designed to prevent the disinformation of the personal data holder on the purpose of the treatment of your information and the illegitimate treatment of personal data, as well as covering the possibility of redressing the consumer who holds personal data if he experiences damage.

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.

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.

scholarly journals Data Sharing Under the General Data Protection Regulation

Hypertension ◽  
2021 ◽  
Vol 77 (4) ◽  
pp. 1029-1035
Author(s):  
Antonia Vlahou ◽  
Dara Hallinan ◽  
Rolf Apweiler ◽  
Angel Argiles ◽  
Joachim Beige ◽  
...  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Research Approach ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Protection Legislation ◽  
General Data ◽  
Almost All

The General Data Protection Regulation (GDPR) became binding law in the European Union Member States in 2018, as a step toward harmonizing personal data protection legislation in the European Union. The Regulation governs almost all types of personal data processing, hence, also, those pertaining to biomedical research. The purpose of this article is to highlight the main practical issues related to data and biological sample sharing that biomedical researchers face regularly, and to specify how these are addressed in the context of GDPR, after consulting with ethics/legal experts. We identify areas in which clarifications of the GDPR are needed, particularly those related to consent requirements by study participants. Amendments should target the following: (1) restricting exceptions based on national laws and increasing harmonization, (2) confirming the concept of broad consent, and (3) defining a roadmap for secondary use of data. These changes will be achieved by acknowledged learned societies in the field taking the lead in preparing a document giving guidance for the optimal interpretation of the GDPR, which will be finalized following a period of commenting by a broad multistakeholder audience. In parallel, promoting engagement and education of the public in the relevant issues (such as different consent types or residual risk for re-identification), on both local/national and international levels, is considered critical for advancement. We hope that this article will open this broad discussion involving all major stakeholders, toward optimizing the GDPR and allowing a harmonized transnational research approach.

scholarly journals The EU General Data Protection Regulation (GDPR)

2020 ◽  
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Privacy Regulation ◽  
General Data Protection Regulation ◽  
Data Protection Directive ◽  
Ongoing Work ◽  
Protection Legislation ◽  
Recent Reform ◽  
General Data ◽  
The Eu

This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. This book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation.

scholarly journals Location Privacy in the Wake of the GDPR

2019 ◽  
Author(s):  
Yola Georgiadou ◽  
Rolf de By ◽  
Ourania Kounadi
Keyword(s):  
Data Protection ◽  
Location Privacy ◽  
Cultural Theory ◽  
Personal Data ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Digital Ecosystem ◽  
Protection Legislation ◽  
General Data ◽  
Conducting Research

The General Data Protection Regulation (GDPR) protects the personal data of natural persons and at the same time allows the free movement of such data within the European Union (EU). Hailed as majestic by admirers and dismissed as protectionist by critics, the Regulation is expected to have a profound impact around the world, including in the African Union (AU). For European–African consortia conducting research that may affect the privacy of African citizens, the question is ‘how to protect personal data of data subjects while at the same time ensuring a just distribution of the benefits of a global digital ecosystem?’ We use location privacy as a point of departure, because information about an individual’s location is different from other kinds of personally identifiable information. We analyse privacy at two levels, individual and cultural. Our perspective is interdisciplinary: we draw from computer science to describe three scenarios of transformation of volunteered/observed information to inferred information about a natural person and from cultural theory to distinguish four privacy cultures emerging within the EU in the wake of GDPR. We highlight recent data protection legislation in the AU and discuss factors that may accelerate or inhibit the alignment of data protection legislation in the AU with the GDPR.

scholarly journals The GDPR as Global Data Protection Regulation?

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 5-9 ◽  
Author(s):  
Cedric Ryngaert ◽  
Mistale Taylor
Keyword(s):  
International Law ◽  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
General Data Protection Regulation ◽  
Data Protection Directive ◽  
Protection Legislation ◽  
General Data ◽  
Global Data ◽  
The Eu

The deterritorialization of the Internet and international communications technology has given rise to acute jurisdictional questions regarding who may regulate online activities. In the absence of a global regulator, states act unilaterally, applying their own laws to transborder activities. The EU's “extraterritorial” application of its data protection legislation—initially the Data Protection Directive (DPD) and, since 2018, the General Data Protection Regulation (GDPR)—is a case in point. The GDPR applies to “the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services . . . to such data subjects in the Union; or (b) the monitoring of their behaviour . . . within the Union.” It also conditions data transfers outside the EU on third states having adequate (meaning essentially equivalent) data protection standards. This essay outlines forms of extraterritoriality evident in EU data protection law, which could be legitimized by certain fundamental rights obligations. It then looks at how the EU balances data protection with third states’ countervailing interests. This approach can involve burdens not only for third states or corporations, but also for the EU political branches themselves. EU law viewed through the lens of public international law shows how local regulation is going global, despite its goal of protecting only EU data subjects.

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 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.

scholarly journals Location Privacy in the Wake of the GDPR

2019 ◽  
Vol 8 (3) ◽  
pp. 157 ◽  
Author(s):  
Yola Georgiadou ◽  
Rolf de By ◽  
Ourania Kounadi
Keyword(s):  
Data Protection ◽  
Location Privacy ◽  
Cultural Theory ◽  
Personal Data ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Digital Ecosystem ◽  
Protection Legislation ◽  
General Data ◽  
Conducting Research

The General Data Protection Regulation (GDPR) protects the personal data of natural persons and at the same time allows the free movement of such data within the European Union (EU). Hailed as majestic by admirers and dismissed as protectionist by critics, the Regulation is expected to have a profound impact around the world, including in the African Union (AU). For European–African consortia conducting research that may affect the privacy of African citizens, the question is `how to protect personal data of data subjects while at the same time ensuring a just distribution of the benefits of a global digital ecosystem?’ We use location privacy as a point of departure, because information about an individual’s location is different from other kinds of personally identifiable information. We analyse privacy at two levels, individual and cultural. Our perspective is interdisciplinary: we draw from computer science to describe three scenarios of transformation of volunteered or observed information to inferred information about a natural person and from cultural theory to distinguish four privacy cultures emerging within the EU in the wake of GDPR. We highlight recent data protection legislation in the AU and discuss factors that may accelerate or inhibit the alignment of data protection legislation in the AU with the GDPR.

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