scholarly journals The national data protection authority from spain authorizes the publication of transfers of value from pharmaceutical companies to healthcare professionals without their authorization: analysis of implications in privacy, tax and incompatibilities law

2017 ◽  
Vol 102 (800) ◽  
pp. 47-51
Author(s):  
Javier Villegas Flores ◽  
Manuel Jesús Pérez Sarabia ◽  
Beatriz Acedo López
2020 ◽  
Vol 12 (2) ◽  
pp. 118-132
Author(s):  
João Pedro Antunes Lima da Fonseca Carvalho

Purpose ”“ The purpose of this paper is to investigate the adequacy of the legal nature of the National Data Protection Authority (ANPD), proposed by Law no. 13.853/19, to the reality of Brazilian Law, starting from the theoretical bases developed by the Regulatory State Theory regarding the valorization of the technical decision immune to political influences. Methodology ”“ This study adopts the doctrine revision of the Regulatory State Theory, aiming to point the theoretical bases on the autonomy of the regulatory entities, in order to make the comparison of adequacy between the legal nature of the ANPD placed in Law no. 13.709/18 and the material concept of administrative decentralization. Findings ”“ The study demonstrates that the Brazilian legal-political tradition will make it difficult for the National Data Protection Supervisor to act in view of its legal nature as a public body that is part of the structure of the Presidency of the Republic, which greatly relativizes its autonomy. Practical Implications ”“ The probable revision of the legal nature of the ANPD, as provided for in art. 55-A, §1, of Law no. 13.709/18, and the effectiveness of the performance of this National Authority. Originality ”“ A very current issue in the Brazilian legal environment is the suitability of the companies that will be affected by the entry into force of the General Data Protection Act (Law no. 13.709/18) in August 2020, due to the comprehensive potential of this law. This paper studies the legal nature of the National Data Protection Authority, a regulatory body that will have a relevant regulatory role in the data economy society, highlighting the relevance of the study to the sector.


Author(s):  
Marian Arning ◽  
Nikolaus Forgó ◽  
Tina Krügel

In order to protect the privacy of participating patients in multicentric genetic research projects and to improve the working conditions for researchers in such projects a data protection framework needs to be installed. In the first place, all genetic data processed in the project has to be pseudonymized. In addition to that, contracts have to be concluded between the project and each project partner to guarantee that genetic data are used only within the project and that each partner complies with data security standards. Furthermore, a central data protection authority has to be installed in the project to control the partners' compliance with these contracts and to serve as a central contact point for participants. If these conditions are fulfilled, only (de facto) anonymous data are used in the project, so that data protection legislation is not directly applicable. Second, each participant has to sign a special consent form for ethical reasons and as a fallback solution if the pseudonymization of the genetic data fails. With this safety net it is possible to protect the participants' privacy and to improve the working conditions for researchers.


2020 ◽  
Author(s):  
Muhammad Firdaus

The importance of protecting personal data issue starts strengthened along with the increasing number of telephone user mobile and internet in Indonesia. Several cases were sticking out, especially those that have a connection with the leak of personal data and leads to fraud or crime, strengthen the discourse on the importance of making legal rules to protect personal data. In Indonesia, the protection of personal data is related to the concept of privacy, which is the idea of safeguarding the integrity and personal dignity. Privacy rights are also an individual ability to determine who is holding their information and how the information is used. Currently, Indonesia’s long-awaited comprehensive draft Law on the Protection of Personal Data has been submitted by President Joko Widodo to the Chairperson of the Indonesian House of Representatives on January 24th, 2020. When passed, it will be the first framework legislation on personal data protection in Indonesia. This paper discusses and summarizes the progress of personal data protection based on the law and the regulatory authority in Indonesia. The result shows that there is a lack of explanation of the term data protection authority (DPA) in the final Bill submitted.


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.


Cyber Crime ◽  
2013 ◽  
pp. 300-309
Author(s):  
Anna Tsiftsoglou

The Greek Data Protection Authority (DPA) was asked in July 2009 to review a proposed legislation that was exempting personal data processing via camera installations in public spaces from the scope of the Greek Data Protection Law 2472/1997. Such an exemption was justified, among other reasons, for the protection of public safety and crime prevention. This paper examines the legitimacy of this security measure from two angles: European and Greek Law. Furthermore, our analysis focuses on questions of privacy, the concept of public safety and its application, as well as the DPA’s role in safeguarding citizens’ privacy even in city streets.


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