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.

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.

Attitude and Behavior of the Coaches towards their Professions in the Context of Being Fair

2021 ◽  
Vol 8 (3) ◽  
pp. 562-578
Author(s):  
Candide Candide Uludağ
Keyword(s):  
Structural Equation ◽  
Organizational Context ◽  
Personal Information ◽  
Survey Study ◽  
Equation Modeling ◽  
Online Questionnaire ◽  
Attitudes And Behaviors ◽  
Effective Manner ◽  
And Behaviors ◽  
Coaching Behavior

Examining the attitudes and behaviors of coaches towards their profession in the context of being fair has been an important issue for both researchers and practitioners. The being fair of coaches in their profession can be broadly defined as the right action aimed at creating a positive impression. Research in this area can be developed to strengthen the theoretical basis by examining it in an organizational context in a consistent and effective manner. This research is a study of bringing the Fair Coaching Behavior (FCB) phenomenon to the literature within the scope of the theoretical literature review with the sample of coaches. The aim of the study is to determine the attitudes and behaviors of individuals who are coaching in their profession within the scope of fair behavior. Two different scenarios have been created for this. Firstly, an online questionnaire was applied to the participants who were coaching in the specified sectors and whose numbers are known. The second survey study was applied face-to-face this time, taking into account the same target audience, and questions including personal information were asked by one-on-one interviews with the participants. The second survey study was conducted four weeks after the first survey study. Thus, the attitudes and behaviors of the coaches towards their profession were examined in both different situations. Structural Equation Modeling was used in the analysis of the hypotheses predicted in the study. Composite Model of the Attitude-Behavior Relation (Eagly and Chaiken, 1993) was applied to explain FCB. Thus, it was aimed to obtain valuable information about the dynamics among the potential precursors of the fair behavior of coaches towards their professions with the help of predicted hypotheses. The three main results obtained in the research are as follows: (1) The Habit of Integrity is not an applicable direct or indirect premise of FCB. (2) In addition to the attitude towards FCB, the attitude towards the coaches' profession should be included in the FCB. (3) Idealistic Ethical Position was not observed in this study as an important predictor of the intention to be fair.

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.

Personal Data in Insolvency Proceedings: The Interface between the New General Data Protection Regulation and (German) Insolvency Law

2019 ◽  
Vol 16 (6) ◽  
pp. 724-745
Author(s):  
Ronny Hauck
Keyword(s):  
Data Protection ◽  
German Law ◽  
Personal Data ◽  
Third Party ◽  
Insolvency Law ◽  
General Data Protection Regulation ◽  
General Data ◽  
Data Protection Law ◽  
Principle Of Proportionality ◽  
Insolvency Proceedings

When the General Data Protection Regulation (henceforth: GDPR) came into force, it quickly became clear that the new data protection law would strongly influence many different areas of law. This article deals with the relationship between data protection law and insolvency law, which was hardly considered before the GDPR was adopted. This relationship is particularly relevant where personal data is to be sold as asset in insolvency proceedings. As will be shown, the new data protection law imposes requirements on such data transfers which are very difficult to fulfil. The main problem is that in German law, personal data is not transferable because it is considered part of a subject’s personality. This situation is comparable to German copyright law, since the copyright itself is a non-transferable good. However, just as usage rights in copyright, the rights to use the personal data can be transferred to a third party provided that the requirements of the GDPR are satisfied. This article will comprehensively analyse under which conditions a transfer of such rights would be possible in insolvency proceedings. To create a balanced relationship between data protection law and insolvency law, the principle of proportionality is of crucial importance in this respect.

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 Algorithms that Remember: Model Inversion Attacks and Data Protection Law

2018 ◽  
Author(s):  
Michael Veale ◽  
Reuben Binns ◽  
Lilian Edwards
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Training Data ◽  
Future Directions ◽  
Model Inversion ◽  
General Data Protection Regulation ◽  
General Data ◽  
Inference Attacks ◽  
Data Protection Law ◽  
Use Of Models

Cite as: Michael Veale, Reuben Binns and Lilian Edwards (2018) Algorithms That Remember: Model Inversion Attacks and Data Protection Law. Philosophical Transactions A, forthcoming. doi:10.1098/rsta.2018.0083Many individuals are concerned about the governance of machine learning systems and the prevention of algorithmic harms. The EU's recent General Data Protection Regulation (GDPR) has been seen as a core tool for achieving better governance of this area. While the GDPR does apply to the use of models in some limited situations, most of its provisions relate to the governance of personal data, while models have traditionally been seen as intellectual property. We present recent work from the information security literature around `model inversion' and `membership inference' attacks, which indicate that the process of turning training data into machine learned systems is not one-way, and demonstrate how this could lead some models to be legally classified as personal data. Taking this as a probing experiment, we explore the different rights and obligations this would trigger and their utility, and posit future directions for algorithmic governance and regulation.

The “Riskification” of European Data Protection Law through a two-fold Shift

2017 ◽  
Vol 8 (3) ◽  
pp. 506-540 ◽  
Author(s):  
Milda MACENAITE
Keyword(s):  
Risk Management ◽  
Data Protection ◽  
Personal Data ◽  
Risk Regulation ◽  
General Data Protection Regulation ◽  
Regulation Mechanisms ◽  
General Data ◽  
Data Protection Law ◽  
Practical Level

The importance of the concept of risk and risk management in the data protection field has grown explosively with the adoption of the General Data Protection Regulation (2016/679). The article explores the concept and the role of risk, as well as associated risk regulation mechanisms in EU data protection law. It shows that with the adoption of the General Data Protection Regulation there is evidence of a two-fold shift: first on a practical level, a shift towards risk-based data protection enforcement and compliance, and second a shift towards risk regulation on the broader regulatory level. The article analyses these shifts to enhance the understanding of the changing relationship between risk and EU data protection law. The article also discusses associated potential challenges when trying to manage multiple and heterogeneous risks to the rights and freedoms of individuals resulting from the processing of personal data.

Effects and Projections of the Brazilian General Data Protection Law (LGPD) Application and the Role of the DPO

2021 ◽  
pp. 195-208
Author(s):  
Claudio Roberto Pessoa ◽  
Bruna Cardoso Nunes ◽  
Camila de Oliveira ◽  
Marco Elísio Marques
Keyword(s):  
Artificial Intelligence ◽  
Data Protection ◽  
Personal Data ◽  
Personal Data Protection ◽  
Specific Objective ◽  
The World ◽  
General Data ◽  
Data Protection Law ◽  
The Impact

The world scenario is changing when we talk about personal data protection. Not that long ago, it was common to find companies that sell databases, and other companies that work with the information contained into these databases, aimed to create profiles and generate solutions, using technologies such as big data and artificial intelligence, among others, looking to be attractive and get more customers. In order to protect the privacy of citizens across the world, laws have been created and/or expanded to reinforce this protection. In Brazil, specifically, the Lei de Proteção de Dados Pessoais – LGPD [General Data Protection Law] was created. This research aims to analyze this law, as well as other laws that orbit around it. The goal is to know the impact of law enforcement on business routine and, as a specific objective, what the role of DPO (Data Protection Officer) in organizations will be.

The Personal Data Protection Bill, 2018: India’s regulatory journey towards a comprehensive data protection law

2020 ◽  
Vol 28 (1) ◽  
pp. 1-19
Author(s):  
Deva Prasad M ◽  
Suchithra Menon C
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Supreme Court Of India ◽  
Indian Context ◽  
General Data ◽  
Data Protection Law

Abstract This article analyses the relevance of Personal Data Protection Bill, 2018 for developing a data protection legal framework in India. In this regard, the article attempts to analyse the evolution process of comprehensive personal data protection law in the Indian context. The manner in which the Personal Data Protection Bill, 2018 will revamp and strengthen the existing data protection regulatory framework forms the major edifice of this article. The article also dwells on the significant role played by the fundamental right to privacy judgment (Justice K.S. Puttaswamy v Union of India) of Supreme Court of India, thus preparing the regulatory ground for the evolution of the Personal Data Protection Bill, 2018. The influence of the European Union General Data Protection Regulation in shaping the Indian legal framework is highlighted. The article also discusses pertinent legal concerns that could question the effectiveness of the proposed data protection legal framework in the Indian context.

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.

Sign in / Sign up

Export Citation Format

Share Document