scholarly journals Internet Industry Data Openness and Personal Information Protection Based on Privacy Laws

Author(s):  
Yurong Gao ◽  
Yiping Guo ◽  
Awais Khan Jumani ◽  
Achyut Shankar

Abstract Data security needs a comprehensive system design approach that combines legal, administrative, and technical protection. These laws generally contain complete rules and principles relevant to the collecting, storing, and using personal information in line with international standards on privacy and data protection. Personal data should be legally collected for a specified reason and not be used without authorization for unlawful monitoring or profiling by governments or third parties. In advocacy and open data activity, increasing attention has been placed on privacy problems. To secure the protection of this data, the Privacy Law (PL) and the Regulations typically put forth industrial and technical standards on IT systems that hold and handle personal data. Concerns about information privacy are genuine, valid, and exacerbated on the Internet of Things (IoT) and Cyber-Physical Systems (CPS). This article suggests that compliance with IoT and CPS Data Privacy (DP) at technical and non-technical levels should be dealt with. The proposed architecture is then coupled with a reference framework for the business architecture to offer a DP-IoT model focused on the industry and technology and positioned to comply with the Personal Information Protection Act (POPI). Therefore, methods are necessary to protect data privacy based on both system and organizational reference designs. In the end, users should have specific rights to information about them, including the capacity and method to seek recourse to protect such rights, to acquire and amend incorrect details. The DP-IoT model shows a privacy ratio of 92.6%, scalability ratio of 91.5, data management ratio of 94.3%, data protection ratio of 96.7%, customer satisfaction rate of 92.2 %, attack prevention ratio of 95.5% and energy consumption ratio of 25.5 % compared to the existing methods.

Author(s):  
Ella Gorian

The object of this research is the legal relations in the sphere of regulation of personal data security in the financial and banking sector of the People's Republic of China. The characteristics is given to the current legislation of China (Civil Code, Personal Information Protection Law, and Cybersecurity Law), existing or draft bylaws in the field of personal data security. Attention is given the second revision of the draft law on personal information protection, as well as determination of the institutional mechanism for ensuring personal data security. The article examines the peculiarities of regulation of relations in the sphere of ensuring personal data security in the financial and banking sector, as well as characterizes  the role of the financial regulator in this mechanism. The development of the mechanism for personal data protection is at completion stage; besides the adoption of the Civil Code of the People's Republic of China, which establishes the framework for regulation, two of the three special laws – Personal Information Protection Law and Cybersecurity Law – have already been adopted. The flagship law on Personal Information Protections is expected to be adopted by 2021. The aforementioned laws encompass all spheres of information security and ensure strong data protection regime: outline the scope of regulation, objects and subject composition, responsibility, and institutional control mechanism. The legal regime covers such aspects of relations as personal data of deceased persons, persons with reduced capabilities (due to age and health), as well as transnational data transfer. At this point, the financial and banking sector features a number of bylaws that set strict standards for ensuring personal information protection. The leading role in this mechanism is played by the financial regulator – the People's Bank of China. The standards adopted by the People’s Bank of China require further examination, which would allow formulating recommendations for the improvement of the Russian legal system.


2020 ◽  
Vol 17 (01) ◽  
Author(s):  
Sumedha Sachar ◽  
Maïa Dakessian ◽  
Saina Beitari ◽  
Saishree Badrinarayanan

Artificial intelligence (AI) and machine learning (ML) have the potential to revolutionize the healthcare system with their immense potential to diagnose, personalize treatments, and reduce physician burnout. These technologies are highly dependent on large datasets to learn from and require data sharing across organizations for reliable and efficient predictive analysis. However, adoption of AI/ML technologies will require policy imperatives to address the challenges of data privacy, accountability, and bias. To form a regulatory framework, we propose that algorithms should be interpretable and that companies that utilize a black box model for their algorithms be held accountable for the output of their ML systems. To aid in increasing accountability and reducing bias, physicians can be educated about the inherent bias that can be generated from the ML system. We further discuss the potential benefits and disadvantages of existing privacy standards ((Personal Information Protection and Electronic Documents Act) PIPEDA and (Personal Information Protection and Electronic Documents Act) GDPR) at the federal, provincial and territorial levels. We emphasize responsible implementation of AI by ethics, skill-building, and minimizing data privacy breaches while boosting innovation and increased accessibility and interoperability across provinces.


Author(s):  
Anneliese Roos

After a lengthy legislative process, South Africa implemented the Protection of Personal Information Act 4 of 2013 (POPI Act) on 1 July 2020. The POPI Act is an omnibus data-protection Act that conforms to the former benchmark for data-protection laws worldwide, namely, the 1995 EU Data Protection Directive. At the time of drafting the proposed Bill that would later become the Act, the South African Law Reform Commission emphasised the importance of a South African data-protection Act that complies with international standards on data protection, especially with the EU’s Directive. The Directive, in Article 25, imposed a prohibition on the transfer of personal data to non-member countries that do not ensure an adequate level of protection when personal data of their citizens are processed. South Africa’s Act needed to comply with the standard set in the Directive for the protection of personal information if South Africa wanted to remain part of the international information technology market. In 2016, the EU adopted the General Data Protection Regulation (GDPR) that replaced the 1995 Directive with effect from May 2018. The question now arises whether the South African Act still meets the minimum standards for data protection set out by this Regulation and whether amendments to the Act are needed. This article compares certain provisions of the GDPR with similar provisions of the POPI Act in order to establish whether the South African Act meets the standard set in the GDPR.


AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 31-34
Author(s):  
Nani Jansen Reventlow

The General Data Protection Regulation (GDPR) imposes important transparency and accountability requirements on different actors who process personal data. This is great news for the protection of individual data privacy. However, given that “personal information and human stories are the raw material of journalism,” what does the GDPR mean for freedom of expression and especially for journalistic activity? This essay argues that, although EU states seem to have taken their data protection obligations under the GDPR seriously, efforts to balance this against the right to freedom of expression have been more uneven. The essay concludes that it is of key importance to ensure that the GDPR's safeguards for data privacy do not compromise a free press.


Asian Survey ◽  
2020 ◽  
Vol 60 (3) ◽  
pp. 510-533
Author(s):  
Yuko Suda

This article explores the politics surrounding the recent data transfer agreement between Japan and the European Union, with a focus on the linkage between Japanese domestic politics and foreign pressure on Japan’s personal information protection policy. The agreement may be seen as one of mutual recognition, in that Japan and the EU mutually recognized the other as providing an “adequate level of protection” for personal data. However, a close examination of the case suggests that Japan made substantial efforts to meet the EU’s standards for adequacy in order to enhance the interests of transnationalized Japanese firms that rely on the flow of personal information across borders. In sum, the latest changes in Japanese personal information protection regulation paved the way for the Japan-EU data transfer agreement; these changes were precipitated by the extraterritorial effect of the EU’s data protection laws, which had resonated within Japan’s domestic politics.


2020 ◽  
Vol 10 (2) ◽  
pp. 27-35
Author(s):  
Suhyeon Kim ◽  
Sumin Kang ◽  
Jaein Yoo ◽  
Gahyeon Lee ◽  
Hyojeong Yi ◽  
...  

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