CIVIL-LEGAL CONSEQUENCES VIOLATION OF THE TERMS OF USE OF PERSONAL DATA IN CONTRACTUAL RELATION

The article explores the legal consequences of the UK's withdrawal from the European Union. The scope of personal data protection was taken as an example. The purpose of the article is to study and analyze the legal aspects of the termination of the UK's membership in the European Union, its impact on the cross-border transfer of personal data between the parties, as well as the development of legal regulation in this area. The article shows that, despite the signing of the Withdrawal Agreement, as well as the Trade and Cooperation Agreement, there is a complication of legal regulation, as well as the emergence of potential contradictions and threats to the interests of interested parties. The sphere of personal data protection clearly demonstrates that despite the desire for the sovereignization of legal regulation on the part of the UK, its legal system remains dependent on the legal order of the European Union. The UK's national regulation on personal data will be under constant monitoring by the competent EU authorities, which indirectly confirms the failure to achieve the goals of the full return of the UK's delegated sovereign powers. It is concluded that the EU Court of Justice still retains its jurisdiction over the United Kingdom, in particular, in connection with possibility to challenge decisions on adequacy, as well as through the adoption of its own practice on issues related to personal data protection.

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Gemeinsame Verantwortlichkeit unter der DSGVO

10.5771/9783748927303 ◽

2021 ◽

Author(s):

Tristan Radtke

Keyword(s):

Personal Data ◽

Case Law ◽

Third Party ◽

Joint Control ◽

General Data Protection Regulation ◽

European Court ◽

General Data ◽

Relationship Of ◽

Internal Relationship ◽

Legal Consequences

Cooperation in the processing of personal data is particularly relevant on the Internet when, for example, third party content is embedded. The General Data Protection Regulation stipulates Joint Control as a technology-neutral concept to potentially cover such constellations (Art. 4 No. 7 GDPR, Art. 26 GDPR). The author discusses systematically the relevant case law of the European Court of Justice (Wirtschaftsakademie, Jehovah's Witnesses and Fashion ID), elaborates the preconditions of Joint Control and puts the legal figure in the context of the GDPR with its legal consequences such as claims for damages, supervisory measures and the internal relationship of Joint Controllers.

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ANALISIS YURIDIS TENTANG PERETASAN DATA PRIBADI PENUMPANG LION AIR

YUSTISIA MERDEKA Jurnal Ilmiah Hukum ◽

10.33319/yume.v6i2.51 ◽

2020 ◽

Vol 6 (2) ◽

Author(s):

Michael Leunard ◽

Sari Mandiana ◽

Jusup Jacobus Setyabudhi

Keyword(s):

Data Protection ◽

Personal Data ◽

Self Identity ◽

Personal Data Protection ◽

Business Interests ◽

Internet Information ◽

The Law ◽

Technology And Communication ◽

Rights Issue ◽

Legal Consequences

In the era of information explosion through information technology and communication by means of the internet, information and self-identity is very easy, it can be obtained both for the benefit of the owner of personal data and business interests. One of the cases is the case of the personal data of a Lion Air passenger that has been hacked. The personal data of Lion Group's passengers, namely Marindo Air, Lion Air, Thai Air which covers 7.8 million personal data of passengers from countries including Indonesia, have been hacked by groups of irresponsible people. Legal consequences for victims of Lion Group passengers by hacking of personal data written in Article 26 of the ITE Law which regulates the protection of personal data, but in Article 26 of the Law ITE does not contain a criminal threat that can be imposed on someone when using other people's personal data information without the relevant consent. The personal data protection bill The personal data protection bill is very much needed, that is special protection, because personal data is part of the human rights issue in consideration of the personal data protection draft law .Keywords: Due to the law; Personal Data Hacking; Lion Air Passenger..

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Perlindungan Konsumen dari Penyebarluasan Data Pribadi oleh Pihak Ketiga: Kasus Fintech Peer”To Peer Lending”

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2020.v09.i01.p07 ◽

2020 ◽

Vol 9 (1) ◽

pp. 92

Author(s):

Veronica Novinna

Keyword(s):

Financial Services ◽

Personal Information ◽

Personal Data ◽

Legal Protection ◽

Peer To Peer ◽

Third Party ◽

Loan Default ◽

P2p Lending ◽

Peer Lending ◽

Legal Consequences

Online loans are an instant method to get loans with technology basis and under control of the Financial Services Authority. Startups organizer have failed to protect consumers personal information thus creates problem in collecting debts."This study aims to explain and analyze" the”Legal Position of the Debt Collector in the administration of fintech and the legal consequences of the act of suppressing payments to consumers who fail to pay unlawfully.”This type of research used is normative juridical conducted with the approach of existing laws and regulations in Indonesia. Based on the research results obtained, there is a relationship or position of a third party with an online loan provider as a debt collector in a loan default, and this is explicitly explained in the P2P Lending fintech service delivery guidelines. "The legal consequences of the act of suppressing payments in the form of distribution" consumer personal data from the debt collector of the party organizing P2P Lending where "the consumer has the right to get legal protection through the filing of a claim of loss" arising as well as the organizer may be subject to administrative sanctions for his negligence. Pinjaman online ialah pinjaman cepat berbasis teknologi yang diawasi oleh OJK, beberapa penyelenggara telah lalai dalam menjaga data pribadi konsumen sehingga menimbulkan permasalahan dalam penagihan hutang kepada konsumen. Penelitian ini bertujuan untuk menjelaskan dan menganalisis Kedudukan Hukum Debt collector dalam penyelenggaraan fintech dan akibat hukum terhadap tindakan menekan pembayaran kepada konsumen gagal bayar dengan cara melawan hukum”. Jenis Penelitian yang dipergunakan ialah yuridis normatif yang dilakukan dengan pendekatan peraturan perundang-undangan yang ada di Indonesia. Berdasarkan hasil penelitian yang didapat yakni adapun hubungan atau kedudukan pihak ketiga dengan penyelenggara pinjaman online adalah sebagai penagih hutang dalam pinjaman gagal bayar dan hal tersebut dijelaskan secara eksplisit dalam pedoman perilaku pemberian layanan fintech Peer to Peer Lending (P2P Lending).”Adapun akibat hukum terhadap tindakan menekan pembayaran berupa penyebaran data pribadi konsumen dari debt collector pihak penyelenggara P2P Lending dimana konsumen berhak mendapat perlindungan hukum melalui pengajuan tuntutan kerugian yang timbul serta pihak penyelenggara dapat dikenakan sanksi administratif atas tindakan kelalaiannya.

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“Dead Souls” in the Activities of a Joint-Stock Company: The Legal Nature and Legal Consequences

Legal Concept ◽

10.15688/lc.jvolsu.2021.2.19 ◽

2021 ◽

pp. 143-149

Author(s):

Elmira Baibekova ◽

Daniil Ivanov

Keyword(s):

Personal Data ◽

Joint Stock Company ◽

Stock Company ◽

Scientific Cognition ◽

Advantages And Disadvantages ◽

Legal Nature ◽

Dead Souls ◽

Legal Consequences

Introduction: in the paper, the authors highlight the problems of having “dead souls” or “lost” shareholders in a joint-stock company. The ways of their solution are analyzed. The purpose is to consider the advantages and disadvantages of “dead souls” in a joint-stock company. The question is raised about the need to modernize the legislation to solve this problem. Using the methods of scientific cognition, the authors analyzed the legal essence and legal consequences of the presence of “dead souls” (deceased shareholders) in the activities of joint-stock companies in order to identify the areas for improving the legislation in the field of regulating “dead souls” in a joint-stock company. Results: currently, joint-stock companies have difficulties with missing participants in the register, referred to as “dead souls”. This may cause significant losses to the joint-stock company and negatively affect the continuation of its activities. Conclusions: the majority of joint-stock companies that have previously fulfilled the obligation to maintain their own register do not now have the ability to control the personal data of shareholders and their participants. As a result, in this country, most joint-stock companies have difficulties with the presence of a general quorum at the general meetings of shareholders (50% + 1 share).

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General theoretical aspects of information legal relations: legal risks, threats and prospects

Siberian Law Herald ◽

10.26516/2071-8136.2021.3.3 ◽

2021 ◽

Vol 3 ◽

pp. 3-8

Author(s):

V.S. Bredneva ◽

◽

I.V. Sazanova ◽

A.V. Bakunov ◽

◽

...

Keyword(s):

Legal Status ◽

Personal Data ◽

Entrepreneurial Activity ◽

Legal Information ◽

New Ways Of Working ◽

The Right To Privacy ◽

Science Theory ◽

Legal Risks ◽

The Right ◽

Legal Consequences

The content of information in legal relations is expanding due to the achievements of the scientific and technical process and the emergence of new ways of working with legal information. It was found that within the framework of the theory of state and law, it became necessary to formulate general provisions and laws that are applicable to all industries. The main categories of industry-wide character are: information, information security, information technology. The science theory of state and law is designed to develop approaches to understanding and interpreting general theoretical categories and their relationship (personal data and the right to privacy; the limits of using information about a person and citizen and the right to entrepreneurial activity, etc.). It is concluded that information legal relations are characterized by a high risk of negative legal consequences. A hypothesis is stated about the potential of information legal relations to change legal practice in all sectors in the future. One of such technologies has been investigated - blockchain, the legal status of which is not clearly defined. Legal information relations need to be analyzed at the doctrinal level, it is recommended to anticipate a new pool of problems and threats in advance in order to find universal ways to prevent them, suitable for all branches of law. The science “theory of state and law” has the potential to make forecasts for the development of state and legal phenomena, taking into account new technical realities.

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Proximal deep venous thrombosis following PTA of the superficial femoral artery – an obligation to disclose a complication that is rarely taken into account

VASA ◽

10.1024/0301-1526.35.1.41 ◽

2006 ◽

Vol 35 (1) ◽

pp. 41-44 ◽

Cited By ~ 5

Author(s):

Klein-Weigel ◽

Pillokat ◽

Klemens ◽

Köning ◽

Wolbergs ◽

...

Keyword(s):

Venous Thrombosis ◽

Deep Venous Thrombosis ◽

Femoral Artery ◽

Superficial Femoral Artery ◽

Rare Complication ◽

Femoral Vein ◽

Vein Thrombosis ◽

Explicit Information ◽

Life Threatening ◽

Legal Consequences

We report two cases of femoral vein thrombosis after arterial PTA and subsequent pressure stasis. We discuss the legal consequences of these complications for information policies. Because venous thrombembolism following an arterial PTA might cause serious sequel or life threatening complications, there is a clear obligation for explicit information of the patients about this rare complication.

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The Acute Effect of Alcohol on Various Memory Processes

Journal of Psychophysiology ◽

10.1027/0269-8803/a000038 ◽

2010 ◽

Vol 24 (4) ◽

pp. 249-252 ◽

Cited By ~ 7

Author(s):

Márk Molnár ◽

Roland Boha ◽

Balázs Czigler ◽

Zsófia Anna Gaál

Keyword(s):

Low Dose ◽

Short Term Memory ◽

Acute Effect ◽

Long Term Memory ◽

Term Memory ◽

Memory Processes ◽

Different Types ◽

The Brain ◽

Legal Consequences

This review surveys relevant and recent data of the pertinent literature regarding the acute effect of alcohol on various kinds of memory processes with special emphasis on working memory. The characteristics of different types of long-term memory (LTM) and short-term memory (STM) processes are summarized with an attempt to relate these to various structures in the brain. LTM is typically impaired by chronic alcohol intake but according to some data a single dose of ethanol may have long lasting effects if administered at a critically important age. The most commonly seen deleterious acute effect of alcohol to STM appears following large doses of ethanol in conditions of “binge drinking” causing the “blackout” phenomenon. However, with the application of various techniques and well-structured behavioral paradigms it is possible to detect, albeit occasionally, subtle changes of cognitive processes even as a result of a low dose of alcohol. These data may be important for the consideration of legal consequences of low-dose ethanol intake in conditions such as driving, etc.

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SARI : A User-Oriented Data Bank System for Medical Applications

Methods of Information in Medicine ◽

10.1055/s-0038-1635729 ◽

1976 ◽

Vol 15 (02) ◽

pp. 69-74

Author(s):

M. Goldberg ◽

B. Doyon

Keyword(s):

Data Base ◽

Personal Data ◽

Data Bank ◽

Medical Applications ◽

Basic Principles ◽

Base Management ◽

General Data ◽

Privacy Problem ◽

Bank System ◽

Made In

This paper describes a general data base management package, devoted to medical applications. SARI is a user-oriented system, able to take into account applications very different by their nature, structure, size, operating procedures and general objectives, without any specific programming. It can be used in conversational mode by users with no previous knowledge of computers, such as physicians or medical clerks.As medical data are often personal data, the privacy problem is emphasized and a satisfactory solution implemented in SARI.The basic principles of the data base and program organization are described ; specific efforts have been made in order to increase compactness and to make maintenance easy.Several medical applications are now operational with SARI. The next steps will mainly consist in the implementation of highly sophisticated functions.

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Measurements method of the audio recordings acoustic quality indicator prepared for registration and processing in the Unified Biometric System

Izmeritel`naya Tekhnika ◽

10.32446/0368-1025it.2019-12-40-46 ◽

2019 ◽

pp. 40-46 ◽

Cited By ~ 1

Author(s):

V.V. Savchenko ◽

A.V. Savchenko

Keyword(s):

Quality Control ◽

Small Sample Size ◽

Personal Data ◽

Digital Processing ◽

Small Sample ◽

Practical Implementation ◽

Acoustic Measurements ◽

Pitch Frequency ◽

Wide Range ◽

Automated Quality Control

We consider the task of automated quality control of sound recordings containing voice samples of individuals. It is shown that in this task the most acute is the small sample size. In order to overcome this problem, we propose the novel method of acoustic measurements based on relative stability of the pitch frequency within a voice sample of short duration. An example of its practical implementation using aninter-periodic accumulation of a speech signal is considered. An experimental study with specially developed software provides statistical estimates of the effectiveness of the proposed method in noisy environments. It is shown that this method rejects the audio recording as unsuitable for a voice biometric identification with a probability of 0,95 or more for a signal to noise ratio below 15 dB. The obtained results are intended for use in the development of new and modifying existing systems of collecting and automated quality control of biometric personal data. The article is intended for a wide range of specialists in the field of acoustic measurements and digital processing of speech signals, as well as for practitioners who organize the work of authorized organizations in preparing for registration samples of biometric personal data.

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