scholarly journals Current issues over electronic commerce in Brazil: vertical integration between platforms and payment systems, personal data protection and international regulatory cooperation

2018 ◽  
Vol 4 (2) ◽  
pp. 61-76
Author(s):  
Alexandre Veronese ◽  
Marcelo Cunha
Keyword(s):  
Electronic Commerce ◽  
Vertical Integration ◽  
Data Protection ◽  
Personal Information ◽  
Personal Data ◽  
Payment Systems ◽  
Trade Relations ◽  
Personal Data Protection ◽  
Legal Provisions ◽  
Regulatory Cooperation

This article focuses on the trending issues about vertical integration between payment systems and the electronic commerce platforms from a Brazilian perspective. It describes the increasing international electronic commerce and it indicates three kinds of potential risks to consumers: direct, indirect and social. It shows that vertical integration can bring some benefits, which are very difficult to measure due to the related risks. The article creates a model of the remote commerce based on an evolution of a typology of typical trade relations to shed some light over the current automatization. Afterwards, the article states that the leakage of personal information coupled with vertical integration is a major threat to electronic businesses. It describes two international cases of mass data leakage to demonstrate the difficulties faced by the national systems in regulating transnational electronic commerce and data protection. Then, the article performs an assessment of the Brazilian legal system to conclude that there is a grave lack of integration of the electronic commerce regulations and that there is an absence of international cooperation provisions designed for electronic commerce. It concludes that Brazilian law may benefit from international experiences of personal data protection, and that the new legal provisions must take in account the risks associated with internationalization and vertical integration.

scholarly journals Personal Data Security in South Africa’s Financial Services Market: The Protection of Personal Information Act 4 of 2013 and the European Union General Data Protection Regulation Compared

2021 ◽  
Vol 24 ◽  
pp. 1-32
Author(s):  
Tapiwa V Warikandwa
Keyword(s):  
European Union ◽  
Data Protection ◽  
Financial Services ◽  
Personal Information ◽  
Personal Data ◽  
African Countries ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
General Data ◽  
Laws And Regulations

The contemporary global financial services market has witnessed a substantial increase in cybercrime which places consumers’ personal data at risk. Rapid increases in cybercrime linked to the financial services market have driven financial market regulators to pass novel laws and regulations aimed at curbing the rate of occurrence of cybercrimes connected to personal data sharing. To that end, banks and/or financial services companies in Europe have swiftly moved to comply with the European Union’s General Data Protection Regulation. Whilst personal data protection regulation is not a new concept in Europe, most African countries (with exception of South Africa) do not have laws and regulations on personal data protection. With the financial services market being extremely vulnerable to cyber risks owing to the digitisation of the financial services sector, it is important to assess the suitability of South Africa’s current regulatory framework concerning the protection of personal data. This article thus examines South Africa’s Protection of Personal Information Act 4 of 2013 with a view to ascertaining its suitability and/or adequacy in protecting personal data in the country’s financial services market. With the global Covid-19 pandemic bringing about concerns related to rapid increases in cyber-attacks in the financial services market owing to the increased sharing of the sensitive personal data of consumers, there is also need to test the POPIA’s conformity with the strict European Union GDPR personal data protection guidelines.

scholarly journals PERSONAL DATA PROTECTION LAW USED IN MOBILE PHONE SIM CARD REGISTRATION IN INDONESIA

Notaire ◽  
2019 ◽  
Vol 1 (2) ◽  
pp. 267
Author(s):  
Mahendri Putri Sholichah ◽  
Dewi Rumaisa
Keyword(s):  
Data Collection ◽  
Mobile Phone ◽  
Data Protection ◽  
Data Transfer ◽  
Personal Information ◽  
Personal Data ◽  
Sensitive Data ◽  
Personal Data Protection ◽  
Sim Card ◽  
Data Protection Law

The growths of technology make the privacy of personal information become an important issue in most countries, including Indonesia. Utilization of personal data is common things in most of our activity within the cyberspace and in this case, even the advancement of technology cannot neglect the privacy of personal information. The abusing of the data record, especially the data that belongs to the personal data category, the information that exists within this data could go to the public when it is leaked. One of the cases related to the personal data abuse is registration of thirty mobile phone SIM cards using one person’s personal information without the consent of personal information owner. This paper explains about personal data cases related to the mobile phone SIM card registration, and from this case, some issues about the abusing of personal data will be taken as an example to give consideration for legislating personal data protection. Moreover, this paper also explores the purpose of personal data collection, sensitive data collection, limitation of data collection, storage of collected personal data, transfer of collected personal data, and deletion of collected personal data. This paper convinces the urgency drafting of personal data protection law for country likes Indonesia. Therefore it is hoped that this paper will become one of many considerations for the Indonesian government to include personal data protection law into their national legislation program and legislate the personal data protection law in recent times.

scholarly journals Personal Data Protection and Access to Archives in Ukraine: From the National and International Perspective

Atlanti ◽  
2018 ◽  
Vol 28 (2) ◽  
pp. 61-70
Author(s):  
Maryna Paliienko
Keyword(s):  
Data Protection ◽  
Personal Information ◽  
Public Information ◽  
Personal Data ◽  
International Perspective ◽  
Economic Life ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right

The article is devoted to the analysis of the General Data Protection Regulation, which came into force on May 25, 2018, on the territory of the member states of the European Union, in comparison with the legislation on personal data that operates in Ukraine. The following basic concepts such as “personal data”, “personal data bases”, “information protection”, “the right to access to information”, “the right to erasure” are considered. Special attention is paid to the activities of archives in collecting, processing, storing and providing access to documents that contain personal information. It is analyzed the Laws of Ukraine “On Information”, “On Protection of Personal Data”, “On Access to Public Information”, “On the National Archival Fond and Archival Institutions”. It has been pointed out that the GDPR has very important value for European socio-political and economic life, for working out data protection standards and a new international privacy protection framework.

scholarly journals Personality information culture: essence and content

2021 ◽  
pp. 159-166
Author(s):  
N. UKHANOVA
Keyword(s):  
Data Protection ◽  
Personal Information ◽  
Personal Data ◽  
Legal Regulation ◽  
The State ◽  
Learning System ◽  
Information Culture ◽  
External Interference ◽  
Personal Data Protection ◽  
Stage Of Development

The article deals with the study of the essence and features of the information culture of an individual and clarification of its role in the field of legal regulation of public relations in the state. The methodology of research of the phenomenon of personal information culture is based on provisions of the general scientific dialectical method of scientific knowledge. Besides, formal legal and formal logical methods were applied for full and thorough coverage of the topic of this article. It is substantiated that the development of such a culture in the modern period is mainly influenced by internal factors (including observance of the principle of legality, the rule of law, and protection of human rights), and external threats to human and civil security within the state. It is proved that information culture in the narrow sense can be interpreted as the best ways to exchange data, information and present them to interested ©  Уханова Н.С., 2021 consumers to solve theoretical and practical problems, as well as mechanisms to improve the learning system, prepare people for effective use of information. The main elements of information culture include the following: a) communicative (communication culture); b) lexical (culture of preparing and issuing business documentation, language culture); c) intellectual (culture of research and mental activity); d) information and legal; worldview and moral. All these elements of the personal information culture are interconnected and interdependent. It is concluded that the topic of personal data protection, which has reached a new level, has become especially relevant at the present stage of development of the information society. It is argued that a promising mechanism for personal data protection in the information sphere will be the use of Blockchain technologies, which will ensure reliable synchronization and security of data, prevent them from changing as a result of external interference. It is proposed to interpret the information culture of an individual as a reflection of a set of material and intellectual values of man, which allow to effectively apply various methods of working with information, including being a participant in information relations. A promising study in the field of information culture of an individual will be the development of the structure of this category and its relationship with other legal categories of information law. A particularly important issue that will require legal regulation will be the field and technology of using artificial intelligence as a phenomenon that will not only help to make a quantum leap in medicine, science, education, but also carries great security risks.

scholarly journals Perbandingan Aturan Perlindungan Privasi Atas Data Pribadi Antara Indonesia Dengan Beberapa Negara

2021 ◽  
Vol 3 (1) ◽  
pp. 53
Author(s):  
Nadiah Tsamara
Keyword(s):  
Data Protection ◽  
Freedom Of Expression ◽  
Personal Information ◽  
Economic Value ◽  
Personal Data ◽  
Comparative Approach ◽  
Business World ◽  
Personal Data Protection ◽  
Positive Law ◽  
Information And Communication

The development of information and communication technology shows a significant increase. In the development of information technology and technology, personal information consisting of names, e-mails and cell phone numbers is very valuable data because there is economic value obtained in the business world, but technology can also be very dangerous if its use is not restricted, such as in the case of not protecting personal data, while privacy of personal data is important because it involves a person's dignity and freedom of expression, but data is not protected because in Indonesia there is no obligation in positive law which specifically regulates and provides sanctions for violations. This study aims to discuss the regulation in the perspective of comparative law in Europe, America, Hongkong, Malaysia, Singapore, South Korea, and Japan. This study uses normative legal research using asttutory approach and comparative approach that examines and analyses legal sources. This study discovers that the regulation of personal data protection in Indonesia has not been fully and thoroughly regulated compared to the regulations in several other countries, that there is a need for legal harmonization of personal data protection that is mature and deep

scholarly journals Digital Tracing and Malaysia's Personal Data Protection Act 2010 amid the Covid-19 Pandemic

2021 ◽  
Vol 1 (1) ◽  
pp. 47-62
Author(s):  
Olivia Tan Swee Leng ◽  
Rossanne Gale Vergara ◽  
Shereen Khan
Keyword(s):  
Data Protection ◽  
Mobile Applications ◽  
Personal Information ◽  
Effective Means ◽  
Personal Data ◽  
Third Party ◽  
Contact Tracing ◽  
State Agencies ◽  
Personal Data Protection ◽  
And Control

Digital tracing is a proven effective means for the Malaysian government to trace and control the spread of COVID-19. However, the process of tracing and tracking in order to manage the spread of the pandemic have in many ways compromised personal information to third party applications. Malaysia is not the only country that uses digital tracing to manage the spread of the pandemic. Various countries have chosen different methods for digital contact tracing to manage the spread of COVID-19 and some are less respectful of privacy than others. This paper analyses Malaysia’s Personal Data Protection Act 2010 (PDPA) and its effectiveness in protecting personal data during the pandemic as Malaysians continue to utilise the contact tracing mobile applications such as MySejahtera and SELangkah. The researchers applied doctrinal research method and analysed the current Malaysian legislation on data protection. It should be noted that the PDPA does not apply in the case of government collection and would not require federal and state agencies to be transparent in their data management.

scholarly journals MODELING THE PROTECTION OF PERSONAL DATA FROM TRUST AND THE AMOUNT OF INFORMATION ON SOCIAL NETWORKS

2021 ◽  
pp. 24-31
Author(s):  
Serhii Yevseiev ◽  
Oleksandr Laptiev ◽  
Sergii Lazarenko ◽  
Anna Korchenko ◽  
Iryna Manzhul
Keyword(s):  
Mathematical Modeling ◽  
Social Networks ◽  
Data Protection ◽  
Personal Information ◽  
Human Life ◽  
Personal Data ◽  
Cloud Services ◽  
Amount Of Information ◽  
Personal Data Protection ◽  
Iot Devices

The article analyzes the parameters of social networks. The analysis is performed to identify critical threats. Threats may lead to leakage or damage to personal data. The complexity of this issue lies in the ever-increasing volume of data. Analysts note that the main causes of incidents in Internet resources are related to the action of the human factor, the mass hacking of IoT devices and cloud services. This problem is especially exacerbated by the strengthening of the digital humanistic nature of education, the growing role of social networks in human life in general. Therefore, the issue of personal information protection is constantly growing. To address this issue, let’s propose a method of assessing the dependence of personal data protection on the amount of information in the system and trust in social networks. The method is based on a mathematical model to determine the protection of personal data from trust in social networks. Based on the results of the proposed model, modeling was performed for different types of changes in confidence parameters and the amount of information in the system. As a result of mathematical modeling in the MatLab environment, graphical materials were obtained, which showed that the protection of personal data increases with increasing factors of trust in information. The dependence of personal data protection on trust is proportional to other data protection parameters. The protection of personal data is growing from growing factors of trust in information. Mathematical modeling of the proposed models of dependence of personal data protection on trust confirmed the reliability of the developed model and proved that the protection of personal data is proportional to reliability and trust

scholarly journals CONSENT AS A LEGAL BASIS FOR PROCESSING OF PERSONAL DATA

2019 ◽  
Vol 3 (84) ◽  
pp. 106
Author(s):  
Māris Bomiņš
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Business World ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Legal Provisions ◽  
General Data ◽  
Data Controller ◽  
Effective Integration ◽  
Legal Grounds

While the principles encompassed by the General Data Protection Regulation (GDPR) were mostly welcomed, one of them, namely the consent, caused prolonged controversy among privacy scholars, human rights advocates and business world due to their pivotal impact on the way personal data would be handled under the new legal provisions and the drastic consequences of enforcing these new requirements in the era of big data and internet of things. In this work, we firstly review all controversies around the new stringent definitions of consent in reference to their implementation impact on privacy and personal data protection, and secondly, we evaluate existing legislation in terms of fulfilling the practicalities for the implementation and effective integration of the new requirements.For the reasons explained above, consent is far removed from an easy option under the GDPR. Greater specification around what is meant by consent has brought with it more detailed and onerous obligations. Additionally, sometimes may first wish to look closely at the other legal grounds available to establish whether there is an available alternative to the consent path. In addition, given the extensive lengths that a data controller now has to go to demonstrate a valid consent according new legislation, it is important to see what further steps may be needed to distinguish such a consent from one that is explicit. For this and other reasons, the arguments around what makes consent effective are unlikely to be put to bed by the GDPR and it remains a rough-edged concept to tackle.

scholarly journals Personal Data Protection and the Empowerment of Civil Liberty, Justice and Security: Universal Value of Globalization

2016 ◽  
Vol 1 (1) ◽  
pp. 148
Author(s):  
Ruzhdi Jashari
Keyword(s):  
Data Protection ◽  
Civil Liberty ◽  
Personal Data ◽  
Freedom Of Information ◽  
Personal Data Protection ◽  
Legal Provisions ◽  
Institutional Strengthening ◽  
Legal Obligations ◽  
Main Input ◽  
The Eu

Protection of personal data and the privacy, at the time of final approval of the New Regulation on the protection of personal data, for the subjects of personal data brings hope; however, it is to believe that "in a world with protected privacy." Despite the challenge of protection of personal data in the era of colossal development of communication technology, the Internet and the major inventions of smart portable mobile devices, some new legal provisions are put in the Regulation of the EC, EU and the Parliament, in the future strengthens the protection of personal data; Freedom, justice and security, as notions that are spread in our country Kosovo, are the constitutional and legal obligations to provide stability to the country. However, the institutional strengthening of the law in this regard, with compact action (interaction) between the competent authorities within the country, our region and the competent authorities of the segment of rights and freedoms, justice and security of the EU, the EC and the European Parliament will undoubtedly bring success in the overcoming of challenges, through which the personal protection of data is going through. Strengthening of the National Authorities of personal data protection and freedom of information, is, and remains, the main input of justice, freedoms and security, now as standard globalist values.

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