scholarly journals THE RIGHT TO DATA PROTECTION VERSUS “SECURITY”

2020 ◽  
Vol 15 (36) ◽  
pp. 209-232
Author(s):  
Marcos Vinicius Viana da Silva ◽  
Erick Da Luz Scherf ◽  
Jose Everton Da Silva
Keyword(s):  
Data Protection ◽  
Privacy Protection ◽  
Data Privacy ◽  
Personal Data ◽  
Fundamental Rights ◽  
State Of Exception ◽  
Personal Data Protection ◽  
Data Privacy Protection ◽  
Rights Discourse ◽  
The Right

The protection of personal data in the cyberspace has been an issue of concern for quite some time. However, with the revolutions in information technology, big data and the internet of things, data privacy protection has become paramount in an era of free information flows. Considering this context, this research intends to shine a light on the experience of Brazil regarding data privacy protection, through the analysis of a brand new bill passed by Congress: the Brazilian General Personal Data Protection Act. Our assessment of the legislation was made from the perspective of a human rights-based approach to data, aiming to analyze both advancements, limitations and contradictions of the rights-discourse in the LGPD. Our main conclusions were that the (public and national) security rhetoric, also present in the bill, can create a state of exception regarding the processing of personal data of those considered “enemies of the state”, which may result in violations of fundamental rights and procedural guarantees.

scholarly journals From Privacy to Data Protection in the eu: Implications for Big Data Health Research

2018 ◽  
Vol 25 (1) ◽  
pp. 43-55 ◽  
Author(s):  
Menno Mostert ◽  
Annelien L. Bredenoord ◽  
Bart van der Slootb ◽  
Johannes J.M. van Delden
Keyword(s):  
Big Data ◽  
Data Protection ◽  
Health Research ◽  
Personal Data ◽  
Fundamental Rights ◽  
Comprehensive System ◽  
The European Union ◽  
Data Intensive ◽  
Personal Data Protection ◽  
The Right

Abstract The right to privacy has usually been considered as the most prominent fundamental right to protect in data-intensive (Big Data) health research. Within the European Union (eu), however, the right to data protection is gaining relevance as a separate fundamental right that should in particular be protected by data protection law. This paper discusses three differences between these two fundamental rights, which are relevant to data-intensive health research. Firstly, the rights based on the right to data protection are of a less context-sensitive nature and easier to enforce. Secondly, the positive obligation to protect personal data requires a more proactive approach by the eu and its Member States. Finally, it guarantees a more comprehensive system of personal data protection. In conclusion, we argue that a comprehensive system of data protection, including research-specific safeguards, is essential to compensate for the loss of individual control in data-intensive health research.

scholarly journals Vicisitudes del derecho a la privacidad (privacy). Cuestiones sobre el tratamiento de datos personales y la responsabilidad civil

2020 ◽  
Author(s):  
Giovanna Visintini ◽  
Francesco Busnelli ◽  
Antonio Pérez ◽  
Silvia Scalzini
Keyword(s):  
Data Protection ◽  
Data Privacy ◽  
Academic Research ◽  
Personal Data ◽  
Comparative Law ◽  
Current Status ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Right

The objective of this work is to spread academic research on the recent transformations experienced by traditional civil law institutions ––ownership and liability–– within the field of right to privacy. The evolution of the data privacy that belongs to a person is checked. The notion of the right to privacy and its evolution towards a personal data protection right from a comparative law perspective in order to discover the advances of the Italian and the American law. This work also proposes to review the traditional postulates of property and civil liability to find solutions regarding data security as a person’s heritage. And whose infringement causes damage that have to be reviewed from public liability. Additionally, there is the possibility that with the protection of personal data, a way may be opened to protect the right to privacy and achieve a balance between it and the right to the circulation of information. Italian data protection law is a great example. It allows the content of the privacy to shape the privacy regulations, and has specified both preventive and compensatory protection of the damages derived from the infringement of personal data. The comparative look makes it easier to check the valid legislation in Colombia and the current status of a possible compensation for damages due to the violation of personal data. This allows considering the contributions of comparative law to structure a better articulated protection in Colombia.

scholarly journals The right to respect private life in the context of the development of artificial intelligence

2021 ◽  
pp. 10-19
Author(s):  
Greta Angjeli ◽  
Besmir Premalaj
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Data Protection ◽  
Privacy Protection ◽  
Personal Data ◽  
Private Life ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Right

One of the fundamental human rights protected by various international conventions is the right to the protection of privacy, or as defined in the European Convention on Human Rights, the right to respect private and family life. Affiliated to this right is also the right to data protection, which is described by various authors as a modern derivation of the right to privacy protection. The protection of personal data in the context of privacy protection was jeopardized by the rapid and widespread of information technology, automated data processing and the risk of access to this data by unauthorized persons on the network. The legal regulation for the non-violation of the right to respect private life by the processing of personal data with automated systems was one of the challenges of many states which had to allow the use of artificial intelligence for the benefit of further economic and social development, at the same time they had to ensure the protection of the personal data of their citizens. In this context, the EU has issued another regulation on personal data protection (General Data Protection Regulation (EU) 2016/679). The purpose of this paper is to highlight the impact of artificial intelligence on the right to respect private life and the legal protection of personal data from misuse through artificial intelligence.

scholarly journals Personas datu aizsardzības mērķis un tiesiskā regulējuma vēsturiskā attīstība

2019 ◽  
Vol 1 (13) ◽  
pp. 104-109
Author(s):  
Agnese Reine-Vītiņa
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
European Countries ◽  
Population Census ◽  
Federal Republic Of Germany ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Government ◽  
The Right

Mūsdienās tiesības uz privāto dzīvi nepieciešamas ikvienā demokrātiskā sabiedrībā, un šo tiesību iekļaušana konstitūcijā juridiski garantē fiziskas personas rīcības brīvību un vienlaikus arī citu – valsts pamatlikumā noteikto – cilvēka tiesību īstenošanu [5]. Personas datu aizsardzības institūts tika izveidots, izpratnes par tiesību uz personas privātās dzīves neaizskaramību saturu paplašinot 20. gadsimta 70. gados, kad vairāku Eiropas valstu valdības uzsāka informācijas apstrādes projektus, piemēram, tautas skaitīšanu u. c. Informācijas tehnoloģiju attīstība ļāva arvien vairāk informācijas par personām glabāt un apstrādāt elektroniski. Viena no tiesību problēmām bija informācijas vākšana par fizisku personu un tiesību uz privātās dzīves neaizskaramību ievērošana. Lai nodrošinātu privātās dzīves aizsardzību, atsevišķas Eiropas valstis pēc savas iniciatīvas pieņēma likumus par datu aizsardzību. Pirmie likumi par personas datu aizsardzību Eiropā tika pieņemti Vācijas Federatīvajā Republikā, tad Zviedrijā (1973), Norvēģijā (1978) un citur [8, 10]. Ne visas valstis pieņēma likumus par datu aizsardzību vienlaikus, tāpēc Eiropas Padome nolēma izstrādāt konvenciju, lai unificētu datu aizsardzības noteikumus un principus. Nowadays, the right to privacy is indispensable in every democratic society and inclusion of such rights in the constitution, guarantees legally freedom of action of a natural person and, simultaneously, implementation of other human rights established in the fundamental law of the state. The institute of personal data protection was established by expanding the understanding of the content of the right to privacy in the 70’s of the 19th century, when the government of several European countries initiated information processing projects, such as population census etc. For the development of information technology, more and more information on persons was kept and processed in electronic form. One of the legal problems was gathering of information on natural persons and the right to privacy. In order to ensure the protection of privacy, separate European countries, on their own initiative, established a law on data protection. The first laws on the protection of personal data in Europe were established in the Federal Republic of Germany, then in Sweden (1973), Norway (1978) and elsewhere. Not all countries adopted laws on data protection at the same time, so the Council of Europe decided to elaborate a convention to unify data protection rules and principles.

Personal Data Privacy and Protection in the Meeting, Incentive, Convention, and Exhibition (MICE) Industry

2019 ◽  
pp. 440-466
Author(s):  
M. Fevzi Esen ◽  
Eda Kocabas
Keyword(s):  
Data Protection ◽  
Data Privacy ◽  
Information Technologies ◽  
Personal Data ◽  
Global Networks ◽  
New Developments ◽  
Personal Data Protection ◽  
Business Opportunities ◽  
Mice Industry ◽  
Industry Professionals

With the new developments in information technologies, personal and business data have become easily accessible through different channels. The huge amounts of personal data across global networks and databases have provided crucial benefits in a scientific manner and many business opportunities, also in the meeting, incentive, convention, and exhibition (MICE) industry. In this chapter, the authors focus on the analysis of MICE industry with regards to the new regulation (GDPR) of personal data protection of all EU citizens and how the industry professionals can adapt their way of business in light of this new regulation. The authors conducted an online interview with five different meetings industry professionals to have more insight about the data produced with its content and new regulations applied to the industry. The importance of personal data privacy and protection is discussed, and the most suitable anonymization techniques for personal data privacy are proposed.

Personal Data Protection in Digital Libraries

2011 ◽  
pp. 413-429
Author(s):  
Ioannis Iglezakis
Keyword(s):  
Data Protection ◽  
Digital Libraries ◽  
Personal Data ◽  
Personal Data Protection ◽  
Privacy Threats ◽  
The Right To Privacy ◽  
Library Users ◽  
Personally Identifiable Information ◽  
The Us ◽  
The Right

Digital libraries provide many advantages compared with traditional libraries, such as wide and round the clock availability of resources, lack of physical boundaries, etc. However, the disclosure of personally identifiable information in the course of processing activities may lead to an invasion of privacy of library users, without their being aware of it. In fact, privacy threats are increased in the digital environment, in which digital libraries operate. The right to privacy in the library is “the right to open inquiry without having the subject of one’s interest examined or scrutinized by others” (ALA, 2005). Users of digital libraries have similar privacy expectations when making use of their services. The issues concerning the privacy of digital libraries’ patrons are thus addressed in comparative perspective, in this chapter. In more particular, the legal regulations with regard to data protection in digital libraries in the EU and the US are presented. The comparative analysis of the two legal orders shows differences and similarities, but also highlights loopholes of protection.

Personal Data Privacy and Protection in the Meeting, Incentive, Convention, and Exhibition (MICE) Industry

2021 ◽  
pp. 1548-1574
Author(s):  
M. Fevzi Esen ◽  
Eda Kocabas
Keyword(s):  
Data Protection ◽  
Data Privacy ◽  
Information Technologies ◽  
Personal Data ◽  
Global Networks ◽  
New Developments ◽  
Personal Data Protection ◽  
Business Opportunities ◽  
Mice Industry ◽  
Industry Professionals

With the new developments in information technologies, personal and business data have become easily accessible through different channels. The huge amounts of personal data across global networks and databases have provided crucial benefits in a scientific manner and many business opportunities, also in the meeting, incentive, convention, and exhibition (MICE) industry. In this chapter, the authors focus on the analysis of MICE industry with regards to the new regulation (GDPR) of personal data protection of all EU citizens and how the industry professionals can adapt their way of business in light of this new regulation. The authors conducted an online interview with five different meetings industry professionals to have more insight about the data produced with its content and new regulations applied to the industry. The importance of personal data privacy and protection is discussed, and the most suitable anonymization techniques for personal data privacy are proposed.

scholarly journals Applicable Law to Transnational Personal Data: Trends and Dynamics

2020 ◽  
Vol 21 (6) ◽  
pp. 1283-1308
Author(s):  
Jie (Jeanne) Huang
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Chinese Media ◽  
Applicable Law ◽  
Personal Data Protection ◽  
Regional Coordination ◽  
The Law ◽  
Model Law ◽  
The Right ◽  
The Eu

AbstractThe recent COVID-19 outbreak has pushed the tension of protecting personal data in a transnational context to an apex. Using a real case where the personal data of an international traveler was illegally released by Chinese media, this Article identifies three trends that have emerged at each stage of conflict-of-laws analysis for lex causae: (1) The EU, the US, and China characterize the right to personal data differently; (2) the spread-out unilateral applicable law approach comes from the fact that all three jurisdictions either consider the law for personal data protection as a mandatory law or adopt connecting factors leading to the law of the forum; and (3) the EU and China strongly advocate deAmericanization of substantive data protection laws. The trends and their dynamics provide valuable implications for developing the choice of laws for transnational personal data. First, this finding informs parties that jurisdiction is a predominant issue in data breach cases because courts and regulators would apply the law of the forum. Second, currently, there is no international treaty or model law on choice-of-law issues for transnational personal data. International harmonization efforts will be a long and difficult journey considering how the trends demonstrate not only the states’ irreconcilable interests but also how states may consider these interests as their fundamental values that they do not want to trade off. Therefore, for states and international organizations, a feasible priority is to achieve regional coordination or interoperation among states with similar values on personal data protection.

scholarly journals Data protection rules in the united states legal system

2020 ◽  
pp. 481-484
Author(s):  
Araz Poladov
Keyword(s):  
United States ◽  
Legal System ◽  
Data Protection ◽  
Data Privacy ◽  
Practical Importance ◽  
Personal Data ◽  
The United States ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right

Purpose of research: define the general characteristics of the protection of personal data; analysis of legislation and case law.Methods of research: analysis and study of regulatory documents containing provisions on protection of personal data.Results: normative and practical importance of personal data protection provisions in various legal acts has been underscored.The right to privacy strengthened its position in the United States in the late 19th century and is now recognized by most States.Although the right to privacy in the United States was originally a British political legacy, judicial decisions in England were more conservativeand cautious than those of U.S. courts. One of the important features of this law in the Anglo-Saxon legal system is that itwas previously formed by judicial precedents and legal doctrine. Also, the right to privacy was not among the rights provided for in theBill of Rights. In general, there is an industry-wide approach to data privacy in the United States. There is no specific federal law thatwould guarantee the confidentiality and protection of personal data. Instead, legislation at the federal level is dispersed and aims to protectdata in certain sectors. Judicial practice and court decisions taken at different times play an important role in regulating personaldata protection in the United States. It is also worth mentioning that until the 1970s, decisions of the U.S. courts did not provide thenecessary privacy protection safeguards.Discussion: offering a comprehensive and detailed study and use of this practice in other states.

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