scholarly journals Biobanking in the structure of legal regulation of genetic research: experience of the Nordic Countries

2021 ◽  
pp. 52-60
Author(s):  
V. I. Przhilenskiy
Keyword(s):  
European Union ◽  
Genetic Research ◽  
Personal Data ◽  
Legal Regulation ◽  
Research Community ◽  
Nordic Countries ◽  
Private Life ◽  
The European Union ◽  
Research Experience ◽  
Cultural Contexts

The article examines the experience of legal regulation of biobanks in the Nordic countries in the context of the interaction of law and bioethics. The article analyzes the moral possibilities and legal boundaries of access to personal data by the state, society and the research community, provided that the inviolability of private life is strictly observed. On the basis of legislation of individual Nordic countries, as well as the regulatory framework of the European Union, the successes and difficulties in achieving the stated goal are discussed. The issues of opening, functioning and closing of biobanks, as well as the institutional, value and socio-cultural contexts of relevant practices are considered separately.

scholarly journals On the Legal Consequences of Brexit (on the example of personal data protection)

2021 ◽  
Vol 105 (5) ◽  
pp. 45-55
Author(s):  
Mark Entin ◽  
◽  
Dmitriy Galushko ◽  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The European Union ◽  
Cooperation Agreement ◽  
National Regulation ◽  
Personal Data Protection ◽  
Legal Consequences

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.

scholarly journals NON-JUDICIAL FORMS OF PROTECTION OF INFORMATION RIGHTS OF INDIVIDUALS AND THE MAIN DIRECTIONS OF THEIR ADAPTATION TO THE STANDARDS OF THE EUROPEAN UNION

2021 ◽  
pp. 34-40
Author(s):  
O. Zaiarnyi ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Public Information ◽  
Personal Data ◽  
Legal Regulation ◽  
The European Union ◽  
Supervisory Authority ◽  
Personal Data Protection ◽  
Advantages And Disadvantages ◽  
Low Efficiency

The article examines the methods and procedures for the protection of the information rights of individuals by the Ukrainian Parliament Commissioner for Human Rights, and by the executive and local authorities; identifies prospects for expanding alternative information disputes resolution involving citizens and legal entities based on the implementation of the European Union standards in the scope of legal regulation. The aim of this article is to conduct research about the features of non-judicial forms of protection of information rights of individuals, to identify the prospects of introducing an independent supervisory authority in Ukraine in the field of access to public information and personal data protection as the main institutions of pre-trial settlement of information disputes. ~ 40 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 During the preparation of the article, general scientific methods of cognition were used: dialectical, system-structural, formal-logical, as well as special methods, inter alia, historical, comparative-legal, sociological. At the present time, in Ukraine, this is proven that the main form of non-judicial protection of information rights of individuals is to lodge a complaint about the violation of the relevant category of rights to the Ukrainian Parliament Commissioner for Human Rights. At the same time, the reasons for the low efficiency of the implementation of such form of protection of information rights as filing a complaint to the head of the entity or the entity in the activities of which the violation was committed or to a higher authority or an official. The necessity of establishing an independent supervisory authority in Ukraine in the field of ensuring access to public information and protection of personal data is substantiated, taking into account the experience of the European Union member states as the main institution of pre-trial settlement of information disputes. The main world models of these bodies are described, their advantages and disadvantages are analyzed in view of the prospects of improving the mechanism of alternative resolution of information disputes related to the protection of information rights of individuals. The conclusions set out the main provisions of the research, formulate further directions of research on the implementation of non-judicial forms of protection of information rights of individuals, outline vectors of implementation of the European Union's experience in establishing national supervisory authorities in this scope.

scholarly journals PROTECTION OF PERSONAL DATA IN FRANCE:

2019 ◽  
Vol 8 (5) ◽  
Author(s):  
Adel I. Abdullin ◽  
Stanislav A. Shadrin
Keyword(s):  
European Union ◽  
Data Use ◽  
Personal Data ◽  
Legal Regulation ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Personal Data Protection ◽  
Cross Border ◽  
The Common

The technological and social expansion of the personal data use including the possibility of their cross-border transfer and exchange increases the risks of their unfair use. The consistency and coherence in resolving issues on legal regulation of relations in the field of personal data protection are demonstrated by the European Union and its member states. Ensuring a uniform and consistent legal regulation at the level of the European Union largely depends on the actions of EU Member States to adopt national laws to implement the European approach, as well as their active participation in the development of new legal acts, the adoption of which is planned at the final stage of the legal regulation reform of protection personal data in the Union. This raises the question of how much the rules of individual states diverge since this significantly affects the practice of applying the common European law on the protection of personal data. Indeed, when introducing the relevant provisions in their legislation, EU countries went in different ways [1]. This paper discusses the approach to the protection of personal data that was used in France

scholarly journals Digital Technologies of the European Union in Personal Data Protection

2019 ◽  
Vol 8 (12) ◽  
pp. 3600-3604
Keyword(s):  
European Union ◽  
Data Protection ◽  
Industrial Revolution ◽  
Personal Information ◽  
Personal Data ◽  
Legal Protection ◽  
Digital Technologies ◽  
Private Life ◽  
The European Union ◽  
Personal Data Protection

The purpose of the article is to consider issues related to the legal protection of personal data in the European Union (EU). Based on a systematic approach and the method of comparative law, it is determined that the legal mechanisms of the EU most extensively regulate their scope, create a rigid framework for European and foreign companies and world corporations, and introduce independent regulatory authorities. This system of personal data protection is the most progressive at the moment. It is revealed that in the 20th-century mankind has experienced a rapid breakthrough of its development when the vector of technology progress was a reoriented towards information infrastructure, huge in its scale and universal coverage. Digital technologies led to the third industrial revolution, and they have entered into everyday life, both professional and domestic. Finally, the authors came to the conclusion that personal data protection rules are increasingly expanding. The world community has already realized the need to protect personal information, prevent its uncontrolled use, and the need to take sufficient measures to ensure the protection of information about the private life of everyone. Issues of cross-border transfer of personal data have become particularly important, and the trend towards the implementation of regulations on the personal data protection of an extraterritorial nature can be clearly seen

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

Problems of establishment and development of the Institution of personal data protection in the Russian Federation: historical-legal aspect

2020 ◽  
pp. 28-35
Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich
Keyword(s):  
Russian Federation ◽  
Data Protection ◽  
Information Technologies ◽  
Legal Aspect ◽  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Russian Society ◽  
Personal Data Protection ◽  
The Russian Federation

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.

REGULATORY AND LEGAL SUPPORT OF INFORMATION SECURITY IN UKRAINE

2017 ◽  
Author(s):  
Oleksandr Malashko ◽  
◽  
Serhii Yesimov ◽  
Keyword(s):  
European Union ◽  
Information Security ◽  
National Security ◽  
Legal Regulation ◽  
The European Union ◽  
Basic Principles ◽  
Association Agreement ◽  
Legal Information ◽  
Current Information ◽  
Initial Stage

The article examines trends in the development of legal regulation of information security in Ukraine in the context of the implementation of the Association Agreement between Ukraine and the European Union. The current information legislation and regulations on information security are analyzed. The tendencies in the legal regulation of information security that took place at the initial stage of the formation of information legislation are revealed. Based on the factors that took place before the adoption of the Doctrine of information security of Ukraine, the laws of Ukraine “On the basic principles of ensuring the cybersecurity of Ukraine”, “On the national security of Ukraine”, in the context of the current legislation, based on the methodology of legal forecasting, it is concluded that in the future the development of normative legal information security will be developed on the basis of by-laws, mainly at the departmental level.

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