scholarly journals THE PRACTICAL RECOMMENDATIONS FOR THE IMPLEMENTATION OF ADVANCE PASSENGER INFORMATION SYSTEM (API / PNR) WITH THE AIM TO USE SUCH SYSTEM AS A COUNTERACTING CROSS-BORDER THREATS TOOL

2021 ◽  
pp. 70-77
Author(s):  
S. О. Filippov ◽  
A. A. Marchuk
Keyword(s):  
Information System ◽  
Data Collection ◽  
Personal Data ◽  
Legal Regulation ◽  
Border Crossing ◽  
Border Control ◽  
Personal Data Protection ◽  
Cross Border ◽  
Use Of Technology ◽  
Practical Recommendations

The practical recommendations for the implementation of Advance Passenger Information System (API / PNR) were described in the article with the aim to use such system as a counteracting cross-border threats tool. The national approaches to the legal regulation of API / PNR data collection, storage and processing data on air passengers are analyzed. Since there is no complete system for processing Advance Passenger Information in Ukraine and currently it is possible only to check API information through national databases, tactical tasks for the system implementation in Ukraine have been identified based on a foreign experience review. It is argued that the implementation of such a systems will assist to ensure more effective and reliable protection of border security, in particular: helps to improve border control and increase the effectiveness of the fight against terrorism, organized crime, as well as facilitates to regulate migration; allows to reduce the workload of border control officers through the use of technology and automated means; improves people’s perception of security and facilitates more comfortable and smooth border crossing for law-abiding passengers; complements the procedures for checking documents and data (checking passports according to databases). The order of actions for system implementing is proposed. It is includes: development of needs and goals, determination of basic parameters of the national system, regulation of legal support for the functioning of the system (legal guarantees of personal data protection, legal base of data collection, exchange and processing), establishing of interagency cooperation mechanism.

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

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.

scholarly journals IDENTIFICATION DATA MANAGEMENT: LEGAL REGULATION AND CLASSIFICATION

10.23856/4325 ◽  
2021 ◽  
Vol 43 (6) ◽  
pp. 198-203
Author(s):  
Oleksii Kostenko
Keyword(s):  
Information And Communication Technologies ◽  
Social Relations ◽  
Driving Forces ◽  
Personal Data ◽  
Legal Regulation ◽  
The Internet ◽  
Personal Data Protection ◽  
Protection Information ◽  
Use Of The Internet ◽  
Almost All

The scale, speed and multi-vector development of science and technology are extremely effective in influencing legal, economic, political, spiritual, professional and other social relations. The development of information and communication technologies, the use of the Internet, the creation, storage, transmission, processing and management of information became the driving forces of the new scientific and technological revolution. This facilitates the introduction of technologies for the transmission and use of information in digital form in almost all spheres of public life, namely text data, photo, audio, video images, which are transmitted in various ways via the Internet and other systems and means of communication. One of the key elements of data transmission technologies and systems is the availability of information by which it is possible to identify their subjects and objects by their inherent identification attributes. In Ukrainian legislation, in particular in the Law of Ukraine «On Personal Data Protection», information or a set of information about an individual who is or can be identified specifically is defined as personal data. However, despite its modernity, this law still contains a number of shortcomings and uncertainties, both in terminology and in the legal mechanisms for working with data by which a person can be identified, i.e. identification data.

China’s personal data protection regime takes shape

2020 ◽  
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Foreign Firms ◽  
Considerable Importance ◽  
Content Type ◽  
Personal Data Protection ◽  
Cross Border ◽  
The Law ◽  
Foreign Governments ◽  
Security Inspection

Significance Once finalised and promulgated, probably sometime in late 2021 or 2022, it will be China’s first comprehensive piece of legislation to govern the collection, processing and use of personal data. There are significant ramifications for domestic and foreign businesses. Impacts Security inspection requirements for cross-border transfers of personal data could have considerable importance for foreign firms. The law may be used to sanction foreign firms or retaliate against foreign governments. The law aims to settle a long-running turf war between regulators, to eliminate duplicate licensing, enforcement and inspection regimes.

scholarly journals Security of personal data: legal standards of the European Union and modern applied problems

2021 ◽  
pp. 17-28
Author(s):  
V. BRYZHKO ◽  
V. PYLYPCHUK
Keyword(s):  
Social Relations ◽  
Personal Data ◽  
Legal Regulation ◽  
Digital Transformation ◽  
Eu Law ◽  
The European Union ◽  
Personal Data Protection ◽  
Legal Standards ◽  
Key Aspects ◽  
The Eu

The article is a continuation of a number of scientific works on the state, trends and further ensuring security of personal data in the context of digital transformation and related problems of legal regulation of new social relations in this area. The key aspects of the EU documents approved in recent years, in particular, the GDPR Regulation, the NIS Directive and the draft legal act on e-Privacy, are considered and evaluated. The main criteria and topical issues that need to be addressed in the context of the implementation of EU law and the development of national legislation on personal data protection are highlighted.

scholarly journals LEGAL REGULATION OF INFORMATION SYSTEMS’ FUNCTIONING WITHIN THE SCHENGEN AREA

2017 ◽  
pp. 70-81
Author(s):  
N. Mushak
Keyword(s):  
Information System ◽  
Information Systems ◽  
National Security ◽  
Legal Regulation ◽  
Public Order ◽  
Free Access ◽  
The European Union ◽  
Member States ◽  
Travel Information ◽  
Cross Border

The article investigates the legal regulation of cross-border information systems that operate within the Schengen area. These information systems are the Schengen Information System, Visa Information System and the European Travel Information and Authorisation System. The information systems provide the opportunity of free access to the database of border and law enforcement authorities of the Schengen area member states. These authorities are able to quick and efficient collaboration as well as in interaction in support of national security, public order and effective fight against organized crime, border-crossing of illegal immigrants, drug trafficking etc. The article defines that in addition to cooperation between the competent and relevant authorities of the Schengen area member states the information systems are to be the instruments of the freedom of movement of persons, contributing at the same time of public order and national security of each of the European countries. The article analyses the main tasks and purposes of a new European travel information and authorization system. In particular, the system concerns those countries that have already signed agreements on visa-free regime with the EU. In practice, it means that the citizens of "visa-free" countries will be able to travel to the Schengen area member states without a visa, but they are required to be authorized through this system before the trip. The research also analyzes the regulations of the European Union, western and national doctrine in respect of the operation of cross-border information systems within the Schengen area.

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.

PERSONAL DATA PROTECTION AND RESEARCH ACTIVITIES: EU LEGAL REGULATION EXPERIENCE

2019 ◽  
pp. 186-194
Author(s):  
A. G. Barabashev ◽  
D. V. Ponomareva
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
The European Union ◽  
Personal Data Protection ◽  
Research Activities ◽  
Special Rules ◽  
Biometric Information

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.)

PROCESSING OF PERSONAL DATA BY THE POLICE IN THE LIGHT OF ADMINISTRATIVE PROCEEDINGS CONDUCTED BY THE SUPERVISORY AUTHORITY

2019 ◽  
Vol 135 (3) ◽  
pp. 173-182
Author(s):  
Rafał Płocki
Keyword(s):  
Information System ◽  
Data Protection ◽  
Personal Data ◽  
Inspector General ◽  
Personal Data Protection ◽  
Wide Range ◽  
Great Responsibility ◽  
Administrative Proceedings ◽  
High Level ◽  
National Police

The police process huge amounts of personal data without which they would not be able to carry out their basic tasks. The data processed by the police have a very different nature and scope. Data processing in such large quantities and in such a wide range is associated with great responsibility for its safety. Maintaining a high level of security becomes a challenge when, at the same time, it is necessary to take care of the rights of data subjects. The article contains an overview of administrative decisions issued by the Inspector General for Personal Data Protection (currently: the President of the Personal Data Protection Offi ce) relating to police activities. The issues of the implementation of the rights of data subjects are discussed in three areas, i.e.: sharing information from police resources, deleting data from the National Police Information System, and verifi cation of identity documents.

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