scholarly journals Legal and environmental problems of personal data protection under commercialization of Big Data

2020 ◽  
Vol 10 (5) ◽  
pp. 133-135
Author(s):  
A.A. Vasiliev ◽  
Yu.V. Pechatnova ◽  
Yu.V. Pechatnova

The article deals with the legal-environmental problems of personal data protection related to the use of artificial intelligence-based programs of information collection, processing and storage. The normative and legal acts on personal data protection are presented, attention is paid to the international experience of legal regulation of this field. The scope of the changes that have occurred in the field of personal data protection due to the appearance and rapid increase of the "Big Data". The materials of the jurisprudence on the commercialization of the "Big Data" and, as a consequence, the violation of the existing legal regime of personal data protection are analyzed. In conclusion, a legal assessment of the risks of deanonymization of personal data and possible options to address the problem of implementation of personal data legislation in an era of rapid development of Big Data are proposed.

Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.


Author(s):  
Artur Potiguara Carvalho ◽  
Fernanda Potiguara Carvalho ◽  
Edna Dias Canedo ◽  
Pedro Henrique Potiguara Carvalho

2016 ◽  
Vol 26 (1) ◽  
pp. 85-93
Author(s):  
Ryuichi Yamamoto

Author(s):  
Dewa Gede Sudika Mangku ◽  
Ni Putu Rai Yuliartini ◽  
I. Nengah Suastika ◽  
I. Gusti Made Arya Suta Wirawan

The emergence and rapid development of information and communication technology has brought about various opportunities and challenges. One of them is the active interaction between individuals and the digital-based information service providers. In modern economic development, related information including personal data or also known as digital dossier—the collection of large amounts of an individual’s information using digital technology—are valuable assets due to their high economic value since they are widely utilized by businesses. In this regard and due to the increasing number of cellphone and internet users, there is a need to study the issues on the importance of protecting one’s personal data. In Indonesia, there is no specific regulation regarding the protection of personal data. Therefore, it is essential to come up with specific and comprehensive legislation related to personal data protection as legal basis for better implementation of personal data protection in Indonesia in the future. The purpose of this research is to find out and analyze the current policies on protection of personal data of internet users in Indonesia. This study uses a normative juridical method with a statutory approach and utilizes literature study. The result shows that the concept of personal data protection implies that individuals have the right to determine whether one will join an online community, share or exchange personal data with another, and the conditions that must be met in order to do so. The study likewise found that the threat of personal data leakage is increasingly occurring because of the development of the e-commerce sector in Indonesia.


2020 ◽  
Vol 12 (1) ◽  
pp. 225-245
Author(s):  
Célia Zolynski

Objective ”“ The article contrasts the problem of Big Data with the possibilities and limits of personal data protection. It is an original contribution to the academic discussion about the regulation of the Internet and the management of algorithms, focusing on Big Data. Methodology/approach/design ”“ The article provides bibliographic research on the opposition between Big Data and personal data protection, focusing on European Union law and French law. From the research is possible to identify regulatory alternatives do Big Data, whether legal-administrative nature or technological nature. Findings ”“ The article enlightens that, in addition to the traditional regulatory options, based on the law, there are technological options for regulating Big Data and algorithms. The article goes through an analysis of administrative performance, such as France’s CNIL (Commission nationale informatique et libertés, CNIL), to show that it has limits. Thus, the article concludes that there is a need to build a new type of regulation, one that is open to the inputs of regulated parties and civil society, in the form of new co-regulatory arrangements. Practical implications ”“ The article has an obvious application since the production of legal solutions for Internet regulation requires combining them with technological solutions. Brazil and several Latin American countries are experiencing this agenda, as they are building institutions and solutions to solve the dilemma of personal data protection. Originality/value ”“ The article clarifies several parts of the General Data Protection Regulation (EU Regulation 2016/679) and its applicability to Big Data. These new types of data processing impose several legal and regulatory challenges, whose solutions cannot be trivial and will rely on new theories and practices.


2021 ◽  
Vol 105 (5) ◽  
pp. 45-55
Author(s):  
Mark Entin ◽  
◽  
Dmitriy Galushko ◽  

The article explores the legal consequences of the UK's withdrawal from the European Union. The scope of personal data protection was taken as an example. The purpose of the article is to study and analyze the legal aspects of the termination of the UK's membership in the European Union, its impact on the cross-border transfer of personal data between the parties, as well as the development of legal regulation in this area. The article shows that, despite the signing of the Withdrawal Agreement, as well as the Trade and Cooperation Agreement, there is a complication of legal regulation, as well as the emergence of potential contradictions and threats to the interests of interested parties. The sphere of personal data protection clearly demonstrates that despite the desire for the sovereignization of legal regulation on the part of the UK, its legal system remains dependent on the legal order of the European Union. The UK's national regulation on personal data will be under constant monitoring by the competent EU authorities, which indirectly confirms the failure to achieve the goals of the full return of the UK's delegated sovereign powers. It is concluded that the EU Court of Justice still retains its jurisdiction over the United Kingdom, in particular, in connection with possibility to challenge decisions on adequacy, as well as through the adoption of its own practice on issues related to personal data protection.


Author(s):  
A. G. Barabashev ◽  
D. V. Ponomareva

Legal regulation of the use of personal data is essential in ensuring the quality of scientific research. Regulation of the European Parliament and of the Council of the European Union No. 2016/679 of April 27, 2016 «On the protection of natural persons with regard to the processing of personal data and on the free movement of such data», repealing Directive 95/46/EC, aims to unify the standards governing the protection of human rights to privacy, certain conditions beyond. This novel, introduced by the Regulation in the EU legal framework, complements and updates the acquis communautaire achieved within the framework of Directive 95/46/EC on personal data protection. The Regulation establishes both general rules applicable to any type of personal data processing and special rules applicable to the analysis of certain categories of personal data, such as information obtained during clinical trials. This paper provides an overview of new standards (in force since May 2018) that regulate aspects of personal data processing in the context of research activities (personal health data, genetic, biometric information, etc.)


2021 ◽  
Vol 21 (2) ◽  
pp. 187
Author(s):  
Faiz Rahman ◽  
Dian Agung Wicaksono

The discourse on personal data protection has been developed for a long time, even before the advent of internet technology. In the Indonesian context, issues relating to the personal data protection have begun to develop in recent years, responding to the increasingly rapid development of digital technology. Currently the Personal Data Protection Bill is again included in the 2021 Priority National Legislation Program in response to the importance of regulations relating to personal data protection in Indonesia. The fundamental thing that often escapes the discourse on the personal data protection in Indonesia is related to how personal data is positioned in a constitutional perspective based on the 1945 Constitution of the Republic of Indonesia if personal data is considered as something that must be protected. This research specifically answered the questions: (a) how is the conceptual interpretation of personal data? (b) how is personal data positioned in the perspective of the Indonesian constitution? This research is a normative juridical research, conducted by analyzing secondary data obtained through literature review. The results of this research indicated that the conceptual interpretation of personal data is still a growing discourse. As for personal data in the perspective of the Indonesian constitution, it can be seen by looking at the legal-historical aspect in the discussion of the amendments to the 1945 Constitution, especially in Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia which is hypothesized as a reference for personal data protection. 


2021 ◽  
Vol 13 (20) ◽  
pp. 11459
Author(s):  
Szu-Chuang Li ◽  
Yi-Wen Chen ◽  
Yennun Huang

The development of big data analysis technologies has changed how organizations work. Tech giants, such as Google and Facebook, are well positioned because they possess not only big data sets but also the in-house capability to analyze them. For small and medium-sized enterprises (SMEs), which have limited resources, capacity, and a relatively small collection of data, the ability to conduct data analysis collaboratively is key. Personal data protection regulations have become stricter due to incidents of private data being leaked, making it more difficult for SMEs to perform interorganizational data analysis. This problem can be resolved by anonymizing the data such that reidentifying an individual is no longer a concern or by deploying technical procedures that enable interorganizational data analysis without the exchange of actual data, such as data deidentification, data synthesis, and federated learning. Herein, we compared the technical options and their compliance with personal data protection regulations from several countries and regions. Using the EU’s GDPR (General Data Protection Regulation) as the main point of reference, technical studies, legislative studies, related regulations, and government-sponsored reports from various countries and regions were also reviewed. Alignment of the technical description with the government regulations and guidelines revealed that the solutions are compliant with the personal data protection regulations. Current regulations require “reasonable” privacy preservation efforts from data controllers; potential attackers are not assumed to be experts with knowledge of the target data set. This means that relevant requirements can be fulfilled without considerably sacrificing data utility. However, the potential existence of an extremely knowledgeable adversary when the stakes of data leakage are high still needs to be considered carefully.


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