scholarly journals Researching References on Interpretation of Personal Data in the Indonesian Constitution

2021 ◽  
Vol 21 (2) ◽  
pp. 187
Author(s):  
Faiz Rahman ◽  
Dian Agung Wicaksono
Keyword(s):  
Data Protection ◽  
Digital Technology ◽  
Rapid Development ◽  
Personal Data ◽  
Secondary Data ◽  
Internet Technology ◽  
Historical Aspect ◽  
Personal Data Protection ◽  
Long Time ◽  
The Republic

The discourse on personal data protection has been developed for a long time, even before the advent of internet technology. In the Indonesian context, issues relating to the personal data protection have begun to develop in recent years, responding to the increasingly rapid development of digital technology. Currently the Personal Data Protection Bill is again included in the 2021 Priority National Legislation Program in response to the importance of regulations relating to personal data protection in Indonesia. The fundamental thing that often escapes the discourse on the personal data protection in Indonesia is related to how personal data is positioned in a constitutional perspective based on the 1945 Constitution of the Republic of Indonesia if personal data is considered as something that must be protected. This research specifically answered the questions: (a) how is the conceptual interpretation of personal data? (b) how is personal data positioned in the perspective of the Indonesian constitution? This research is a normative juridical research, conducted by analyzing secondary data obtained through literature review. The results of this research indicated that the conceptual interpretation of personal data is still a growing discourse. As for personal data in the perspective of the Indonesian constitution, it can be seen by looking at the legal-historical aspect in the discussion of the amendments to the 1945 Constitution, especially in Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia which is hypothesized as a reference for personal data protection. 

scholarly journals OCHRONA DANYCH OSOBOWYCH W IRLANDII

2017 ◽  
Vol 8 (2) ◽  
pp. 243
Author(s):  
Bartosz Marcinkowski
Keyword(s):  
Data Protection ◽  
Rapid Development ◽  
Personal Data ◽  
Short Review ◽  
Personal Data Protection ◽  
Irish Data ◽  
The Republic ◽  
The Uk ◽  
Conclusion Section

Personal Data Protection in IrelandSummaryThe article is a short review of the personal data protection system in the Republic of Ireland. The review is made in the light of the Polish Data Protection Act of 1997 and Directive 95/46/EC (sections I and II).The introductory parts (sections I and II) include general remarks on the increasing importance and value of privacy and personal data. This increase results, among other things, from rapid development of the Internet and modern data processing and mining measures.Subsequently, in section III, the author discusses the constitutional environment of privacy and personal data protection rules in Ireland, as well as the role of court precedents and Directive 95/46/EC in this respect.Next part of the article (section IV) is dedicated to practical data protection issues identified and discussed by Irish authors, including specific exposures as well as differences between definitions in the Irish Data Protection Acts 1988-2003 and the UK Data Protection Act 1998, and influence of the latter (UK) Act on the Irish Data Protection Commissionaire’s decisionmaking process.Further comments (section V) focus on Data Protection Commissionaire’s rights and obligations (including in particular comments on the Data Protection Commissionaire’s free and friendly consultancy policy).The conclusion (section VI) briefly and synthetically summarizes similarities and differences between Irish and Polish personal data protection rules and practices, stressing issues requiring the European-wide common approach (e.g. in the fields of basic definitions or CCTV legal issues).Finally, the author observes that Polish authors’ reflections on personal data protection and the Polish practice are not inferior to the Irish ones even though Irish regulations have been in place for 10 years longer than the Polish ones.

scholarly journals The Personal Data Protection of Internet Users in Indonesia

2021 ◽  
Vol 56 (1) ◽  
Author(s):  
Dewa Gede Sudika Mangku ◽  
Ni Putu Rai Yuliartini ◽  
I. Nengah Suastika ◽  
I. Gusti Made Arya Suta Wirawan
Keyword(s):  
Data Protection ◽  
Online Community ◽  
Service Providers ◽  
Rapid Development ◽  
Information Service ◽  
Personal Data ◽  
Literature Study ◽  
Personal Data Protection ◽  
Internet Users ◽  
Specific Regulation

The emergence and rapid development of information and communication technology has brought about various opportunities and challenges. One of them is the active interaction between individuals and the digital-based information service providers. In modern economic development, related information including personal data or also known as digital dossier—the collection of large amounts of an individual’s information using digital technology—are valuable assets due to their high economic value since they are widely utilized by businesses. In this regard and due to the increasing number of cellphone and internet users, there is a need to study the issues on the importance of protecting one’s personal data. In Indonesia, there is no specific regulation regarding the protection of personal data. Therefore, it is essential to come up with specific and comprehensive legislation related to personal data protection as legal basis for better implementation of personal data protection in Indonesia in the future. The purpose of this research is to find out and analyze the current policies on protection of personal data of internet users in Indonesia. This study uses a normative juridical method with a statutory approach and utilizes literature study. The result shows that the concept of personal data protection implies that individuals have the right to determine whether one will join an online community, share or exchange personal data with another, and the conditions that must be met in order to do so. The study likewise found that the threat of personal data leakage is increasingly occurring because of the development of the e-commerce sector in Indonesia.

scholarly journals The State Archives of the Republic of Macedonia: Use of Archival Material and Data Protection Pursuant to the Law on Personal Data Protection and the General Data Protection Regulation

Atlanti ◽  
2018 ◽  
Vol 28 (2) ◽  
pp. 91-98
Author(s):  
Svetlana Usprcova
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
The State ◽  
General Data Protection Regulation ◽  
Archival Material ◽  
Personal Data Protection ◽  
Republic Of Macedonia ◽  
Other Information ◽  
The Republic ◽  
State Archives

The aim of this paper is to explain the position of the State Archives of the Republic of Macedonia as guardian of the archival material, which is a subject of use for scientific, academic, administrative, public, publishing, exhibition and other purposes. In the process of use of the archival material, the archivists must be very careful in order to protect confidential, sensitive, legal and other information contained in the archival material, and take some measures in relation to the personal data protection. Herein, the author, also talks about the current Law on personal data protection and the harmonisation of the national law with the European legislation.

scholarly journals Exploring the Personal Data Protection Methods through Programs

2020 ◽  
Vol 8 (1) ◽  
pp. 01-07
Author(s):  
Shafagat Jabrayil Mahmudova
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Personal Data Protection ◽  
The Law ◽  
The Republic

The paper highlights the personal data and the stages of its protection. Some provisions of the Law of the Republic of Azerbaijan on the personal data are reviewed. The protection of personal data through programs is explored. The studies in this area are reviewed. Data protection methods through programs are studied and analyzed. Some recommendations for the further developments in this field are provided.

scholarly journals Legal Protection Arrangements in Indonesia for Privacy Rights in Cases of Personal Data Leakage

2021 ◽  
Vol 04 (12) ◽  
Author(s):  
Yudo Arhuma Binardy ◽  
Keyword(s):  
Data Protection ◽  
Information Disclosure ◽  
Government Regulation ◽  
Personal Data ◽  
Legal Protection ◽  
Secondary Data ◽  
Research Approach ◽  
Privacy Rights ◽  
Personal Data Protection ◽  
Data Protection Law

This study aimed to analyze the legal protection arrangements in Indonesia for privacy rights in cases of personal data leakage and to examine the urgency of the establishment of the Personal Data Protection Law as an effort to prevent personal data leakage. This study used a normative juridical research approach, the type of data was secondary data with data collection techniques in the form of library research and documentation studies. The results of this study are that the privacy right gets legal protection in Indonesia through Law Number 19 of 2016 concerning Information and Electronic Transactions, also regulated in its implementing regulations, namely Government Regulation Number 71 of 2019 and Regulation of the Minister of Communication and Information Technology Number 20 of 2016. The regulation has not been able to overcome the rampant cases of privacy rights violations and has not been able to protect the owner of personal data. The stipulation of a personal data protection law as an effort to combat the leakage of personal data is an urgent matter to meet the demands of information disclosure in government institutions and protect individual rights concerning collection, processing, maintenance, dissemination of personal data.

scholarly journals Personal Data Protection in the Decision-Making of the CJEU Before and After the Lisbon Treaty

2021 ◽  
Vol 11 (2) ◽  
pp. 167-188
Author(s):  
Ondřej Pavelek ◽  
Drahomíra Zajíčková
Keyword(s):  
Decision Making ◽  
Data Protection ◽  
Online Communication ◽  
Personal Data ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Eu Legislation ◽  
Before And After ◽  
Long Time

Abstract Personal data protection is one of the important areas of the EU’s operation and the general public is especially aware of the General Data Protection Regulation (GDPR). However, personal data protection has been an issue in the EU for a long time. The Court of Justice of the European Union (CJEU) plays a major role in personal data protection as their function is to interpret EU law and thus also EU legislation related to personal data protection. Until now, research papers have tackled specific issues related to interpreting EU legislation or analyses of specific decisions made by the CJEU. However, no comprehensive empirical legal study has been published so far which would evaluate the decision-making of the CJEU in the area of personal data protection using a combination of quantitative and qualitative methods. Therefore, no analysis has been carried out to determine how many decisions of the CJEU have been related to personal data protection, how their number has increased, or which participants and from which areas have participated in the proceedings. The results of the analysis presented here can be used as a basis for studying the future development of the CJEU’s decision-making in the area of personal data protection in relation to digitization and especially to the COVID-19 pandemic, which undoubtedly has contributed to a significant increase in online communication, posing new challenges towards a more efficient personal data protection in the online world.

scholarly journals GENERAL REGULATION ON PERSONAL DATA PROTECTION. CERTAIN ASPECTS OF THE GDPR'S IMPACT ON LEGAL ENTITIES IN THE REPUBLIC OF ALBANIA

2019 ◽  
Vol 34 (5) ◽  
pp. 1487-1490
Author(s):  
Merisa Çeloaliaj
Keyword(s):  
European Union ◽  
Data Protection ◽  
Freedom Of Expression ◽  
Personal Data ◽  
Personal Data Protection ◽  
The Republic ◽  
The Individual ◽  
The Right ◽  
The Impact ◽  
Legal Entities

Actuality, recent, has made us witnesses of rapid technological developments, as part of the globalization process, which inevitably affect to our lives.Technological developments facilitate our day-to-day life starting from the most common aspects and advancing at the speed of light to more complex processes that the human mind would not have been able to solve in the same space of time and with the same resources utilized. Free movement, downloading different apps on our smartphones, shopping online or the registering on social networks are just some of the activities that each of us performs daily, often without being aware of what brings these activities together is actually an action, which is legally called "processing of personal data of the individual".Often with the help of technology, private companies and public authorities collect personal information from clients, services receivers or ordinary citizens and they use it to an unprecedented extent in the pursuit of their activities and goals. The protection of personal data of individuals is in fact a fundamental right, which is sanctioned by a legislation of particular importance in international and domestic law.Even in the Albanian legal order, the right to protection of personal data is sanctioned by a specific legal corpus. In the context of the particular importance of the sensitivity that personal data bears, the European Union has adopted the GDPR, an improved act that reinforces the level of protection of the individual against bureaucracy and rapid technological developments.This modest paper focuses on the impact of this regulation in Albania on public and private legal entities that collect and process personal data.How will the GDPR affect, as an act focusing on respect for private and family life, housing and communications, personal data protection, free thought, conscience and religion, freedom of expression and information, freedom to perform business, the right to effective protection and fair trial in terms of cultural, religious and linguistic diversity, decision-making and activity of various entities in the Republic of Albania?The structure of this paper includes in the introductory section a brief history of the relevant legal acts, goes on to explain some specific terms and addresses important aspects of the impact on legal entities of the latest European Union regulation in the field of protection of personal data.

scholarly journals Strengthening Personal Data Protection, Cyber Security, and Improving Public Awareness in Indonesia: Progressive Legal Perspective

2021 ◽  
Vol 2 (4) ◽  
pp. 143-152
Author(s):  
Abraham Ethan Martupa Sahat Marune ◽  
Brandon Hartanto
Keyword(s):  
Data Protection ◽  
Cyber Security ◽  
Public Awareness ◽  
Personal Data ◽  
Secondary Data ◽  
Scientific Paper ◽  
Conceptual Approach ◽  
Personal Data Protection ◽  
Legal Perspective ◽  
Negative Impacts

The development of technology, communication, and the internet has positive and negative influences on all sectors of life in society. One of the negative impacts and problems is the alleged criminal act of buying and selling data and the absence of a special law (lex specialist) regarding the regulation of Indonesian personal data. The purpose of this research is to analyze in-depth the efforts to strengthen the protection of personal data, cyber security, and increase public awareness of the perspective of Progressive Law in Indonesia. This study uses a normative juridical method using secondary data, a statutory approach, a conceptual approach, and a case approach. This scientific paper concludes that the Synergy of Ministries and related institutions (Legislative, Executive, and Judiciary) is the key to protecting personal data and cyber resilience. Then, strengthening efforts should be made, namely immediately passing the Draft Law on Personal Data Protection (RUU PDP), forming an independent institution. However, if at this time a dispute occurs, it can be resolved by Article 30 of the ITE Law and the PMH Lawsuit (Tort), supported by a progressive legal approach and futuristic interpretation by the judge examining the quo case. The synergy of government agencies, the private sector, and other stakeholders is needed to increase public awareness by increasing education/dissemination of efforts to prevent misuse of personal data.

SEVERAL QUESTIONS REGARDING THE RULES FOR THE PROTECTION OF PERSONAL DATA IN KINDERGARTEN

2021 ◽  
Vol 12 (1) ◽  
pp. 261-268
Author(s):  
Angel Manchev ◽  
Keyword(s):  
Data Protection ◽  
Technological Progress ◽  
Data Exchange ◽  
Personal Data ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Core ◽  
General Data ◽  
The Republic

The protection of personal data is one of the core values of modern European societies. This protection is provided by the law of the European Union and by the national legislations of the Member States, to which the Republic of Bulgaria also belongs. As of May 25, 2018, the protection of personal data is being expanded and updated in response to technological progress and the increasingly accelerated data exchange. The reason for this is the entry into force of Regulation (EU ) 2016/679 (General Data Protection Regulation, GDPR) and the changes in our national law that it imposes. In the sense of what has been said so far, the issues of personal data protection in children’s institutions are especially relevant, because these organizations actively handle personal data at any level of children, parents, teachers and staff. In this article, we will try to give short answers to some of the most important questions regarding personal data and the rules for their protection, according to European and Bulgarian legislation.

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