The Amendment of Personal Information Protection Act of Korea - Focusing on the Grounds for Processing Personal Data without Data Subject’s Consent -

2020 ◽  
Vol 24 (3) ◽  
pp. 249-286
Author(s):  
So-Eun LEE
2021 ◽  
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.


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.


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

Author(s):  
Motohiro Tsuchiya

The Japanese legal system has been based on the German legal system since the mid-nineteenth century, but the American legal system was grafted onto it following Japan’s defeat in World War II in 1945. The postwar Constitution contained an article regarding the secrecy of communications and protected privacy in terms of respect of individuals. Now, as the Personal Information Protection Law in the Executive Branch, which was enacted in 1988, and the Personal Information Protection Law, which was enacted in 2003, strictly regulate privacy, there have been fewer problematic cases regarding governmental access to private-sector data. Data gathering for law enforcement or intelligence activities has also been weaker following World War II. Private-sector corporations/organizations might share data with government agencies, but based on voluntary arrangements, not by any mandatory system. More focus is being cast not on governmental access to private-sector data, but on citizen’s access to data.


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