Protection for 'Inferences Drawn:' A Comparison between the General Data Protection Rule and the California Consumer Privacy Act

2020 ◽  
Author(s):  
Jordan M. Blanke
Keyword(s):  
Data Protection ◽  
Consumer Privacy ◽  
Privacy Act ◽  
General Data

scholarly journals Medical Error in Psychiatry - Brazilian Analysis and Proposal For A Doctor's Protection Protocol

2020 ◽  
Vol 03 (11) ◽  
Author(s):  
Homaile Mascarin do Vale ◽  
Keyword(s):  
Data Protection ◽  
Medical Error ◽  
Medical Malpractice ◽  
Patient Privacy ◽  
General Data Protection Regulation ◽  
Consumer Privacy ◽  
Privacy Act ◽  
The Face ◽  
General Data ◽  
Real Practice

There is an increase in the number of medical malpractice cases all over the world and the detachment of the role of the judiciary and the real practice of medical activity is striking, converging to a weakness of the doctor in the face of a system that does not advocate the equalization of plaintiff and defendant in the process, bringing procedural difficulties to the doctor due to the legislation, especially the Brazilian. In a transdisciplinary way, permeating the law and medicine, the article mapped the operation of the Brazilian judiciary in the face of medical error and, specifically, measured how the state power understands cases about psychiatry, a specialty that is difficult to prove medical error. It was analyzed statistically how Brazilian courts behave, creating a procedural diagnosis of justice. This research offers a protection protocol to the psychiatrist inspired by the General Data Protection Law, which in turn comes from the European General Data Protection Regulation and the California Consumer Privacy Act of 2018 to address the procedural vulnerability of the doctor in medical error processes respecting patient privacy and intimacy, applicable and adaptable to countries and continents that have legislation for specific data protection. The article concludes by critically analyzing the format of processing and judgment of medical malpractice cases in Brazil, proposing a multidisciplinary configuration in search of real justice.

scholarly journals Apply or not to apply?

2020 ◽  
Vol 4 (2) ◽  
pp. 81-94
Author(s):  
Matúš Mesarčík
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
The European Union ◽  
Privacy Regulation ◽  
New Era ◽  
General Data Protection Regulation ◽  
Consumer Privacy ◽  
Privacy Act ◽  
General Data ◽  
The Eu

A new era of data protection laws arises after the adoption of the General Data Protection Regulation (GDPR) in the European Union. One of the newly adopted regulations of processing of personal data is Californian Consumer Privacy Act commonly referred to as CCPA. The article aims to fill the gap considering a deep analysis of the territorial scope of both acts and practical consequences of the application. The article starts with a brief overview of privacy regulation in the EU and USA. Introduction to GDPR and CCPA follows focusing on the territorial scope of respective legislation. Three scenarios of applicability are derived in the following part including practical examples.

An Overview of Recent Development in Privacy Regulations and Future Research Opportunities

2021 ◽  
pp. 1-14
Author(s):  
Tawei Wang ◽  
Yen-Yao Wang
Keyword(s):  
Economic Consequences ◽  
Future Research ◽  
Research Opportunities ◽  
General Data Protection Regulation ◽  
Consumer Privacy ◽  
Privacy Act ◽  
General Data ◽  
Security Compliance ◽  
New Research ◽  
Data Broker

This chapter provides an overview of several recently proposed or passed privacy-related regulations, including General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), Illinois Video Interview Act, Data Broker Regulations in Vermont, and Privacy Bill of Rights Act, and related but very limited studies. Toward the end, several research opportunities are discussed. These research opportunities include (1) economic consequences of these new regulations and (2) the new research framework to capture novel features of these regulations to explain security compliance. The authors further discuss possible research designs to address the proposed research opportunities. This chapter provides both professionals and researchers additional insights on the regulation of privacy issues.

scholarly journals COVID-19 contact tracing apps: a stress test for privacy, the GDPR, and data protection regimes

2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Laura Bradford ◽  
Mateo Aboy ◽  
Kathleen Liddell
Keyword(s):  
Data Protection ◽  
Stress Test ◽  
Fundamental Rights ◽  
Contact Tracing ◽  
Notification System ◽  
General Data Protection Regulation ◽  
Consumer Privacy ◽  
Privacy Act ◽  
Digital Surveillance ◽  
Contact Tracking

Abstract Digital surveillance has played a key role in containing the COVID-19 outbreak in China, Singapore, Israel, and South Korea. Google and Apple recently announced the intention to build interfaces to allow Bluetooth contact tracking using Android and iPhone devices. In this article, we look at the compatibility of the proposed Apple/Google Bluetooth exposure notification system with Western privacy and data protection regimes and principles, including the General Data Protection Regulation (GDPR). Somewhat counter-intuitively, the GDPR’s expansive scope is not a hindrance, but rather an advantage in conditions of uncertainty such as a pandemic. Its principle-based approach offers a functional blueprint for system design that is compatible with fundamental rights. By contrast, narrower, sector-specific rules such as the US Health Insurance Portability and Accountability Act (HIPAA), and even the new California Consumer Privacy Act (CCPA), leave gaps that may prove difficult to bridge in the middle of an emergency.

scholarly journals Privacy Laws and Privacy by Design Schemes for the Internet of Things

2021 ◽  
Vol 54 (5) ◽  
pp. 1-38
Author(s):  
Atheer Aljeraisy ◽  
Masoud Barati ◽  
Omer Rana ◽  
Charith Perera
Keyword(s):  
Internet Of Things ◽  
Data Protection ◽  
Personal Information ◽  
Design Stage ◽  
Sensitive Information ◽  
Privacy By Design ◽  
Framework Analysis ◽  
Systematic Analysis ◽  
Consumer Privacy ◽  
Privacy Act

Internet of Things applications have the potential to derive sensitive information about individuals. Therefore, developers must exercise due diligence to make sure that data are managed according to the privacy regulations and data protection laws. However, doing so can be a difficult and challenging task. Recent research has revealed that developers typically face difficulties when complying with regulations. One key reason is that, at times, regulations are vague and could be challenging to extract and enact such legal requirements. In this article, we have conducted a systematic analysis of the privacy and data protection laws that are used across different continents, namely (i) General Data Protection Regulations, (ii) the Personal Information Protection and Electronic Documents Act, (iii) the California Consumer Privacy Act, (iv) Australian Privacy Principles, and (v) New Zealand’s Privacy Act 1993. Then, we used framework analysis method to attain a comprehensive view of different privacy and data protection laws and highlighted the disparities to assist developers in adhering to the regulations across different regions, along with creating a Combined Privacy Law Framework (CPLF). After that, the key principles and individuals’ rights of the CPLF were mapped with Privacy by Design (PbD) schemes (e.g., privacy principles, strategies, guidelines, and patterns) developed previously by different researchers to investigate the gaps in existing schemes. Subsequently, we have demonstrated how to apply and map privacy patterns into IoT architectures at the design stage and have also highlighted the complexity of doing such mapping. Finally, we have identified the major challenges that should be addressed and potential research directions to take the burden off software developers when applying privacy-preserving techniques that comply with privacy and data protection laws. We have released a companion technical report [3] that comprises all definitions, detailed steps on how we developed the CPLF, and detailed mappings between CPLF and PbD schemes.

An Overview of Recent Development in Privacy Regulations and Future Research Opportunities

2021 ◽  
pp. 88-101
Author(s):  
Tawei Wang ◽  
Yen-Yao Wang
Keyword(s):  
Economic Consequences ◽  
Future Research ◽  
Research Opportunities ◽  
General Data Protection Regulation ◽  
Consumer Privacy ◽  
Privacy Act ◽  
General Data ◽  
Security Compliance ◽  
New Research ◽  
Data Broker

This chapter provides an overview of several recently proposed or passed privacy-related regulations, including General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), Illinois Video Interview Act, Data Broker Regulations in Vermont, and Privacy Bill of Rights Act, and related but very limited studies. Toward the end, several research opportunities are discussed. These research opportunities include (1) economic consequences of these new regulations and (2) the new research framework to capture novel features of these regulations to explain security compliance. The authors further discuss possible research designs to address the proposed research opportunities. This chapter provides both professionals and researchers additional insights on the regulation of privacy issues.

scholarly journals LAYERS OF “NETWORKED PRIVACY”: CONTEXT COLLAPSES ACROSS RELATIONS, TECHNOLOGIES, INSTITUTIONS, AND DATA

2020 ◽  
Author(s):  
Sophia Jeeyun Baik
Keyword(s):  
Critical Discourse Analysis ◽  
News Coverage ◽  
Critical Discourse ◽  
General Data Protection Regulation ◽  
Consumer Privacy ◽  
Privacy Act ◽  
Digital Era ◽  
General Data ◽  
Shed Light ◽  
The U.S

This paper identifies different layers of “networked privacy," expanding the original concept's focus on (1) networked relations (Marwick and boyd, 2014) to further include (2) networked technologies, (3) networked institutions, and (4) networked data. It teases out various moments of “collision of information norms” or “context collapse” (Marwick and boyd, 2014, p. 1054), which complicate privacy and regulations thereof in recent years. As we are at a critical juncture where information norms are being enshrined in different parts of the world including the EU's GDPR (General Data Protection Regulation) and the CCPA (California Consumer Privacy Act) in the U.S., understanding complex layers of context collapses can shed light on the legal grey areas that would need further examination. This study investigated the U.S. news coverage on digital privacy between January 2018 and June 2020 to explore any layers/moments of “context collapses” with regard to privacy. I conducted a Critical Discourse Analysis (CDA) (Fairclough, 2013), closely examining 300 samples out of 5,874 articles. Rethinking the framework of “networked privacy,” I argue, can help us ensure the "similar minimum levels of privacy" (Regan, 1996) across networked relations, technologies, institutions, and data in the current digital era.

Sign in / Sign up

Export Citation Format

Share Document