Features of the development of intersystem legal formations designed to regulate personal data protection during cross-border transfer

2021 ◽  
pp. 164-181
Author(s):  
B. Nefedov ◽  
N. Istomin
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Personal Data Protection ◽  
Cross Border

China’s personal data protection regime takes shape

2020 ◽  
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Foreign Firms ◽  
Considerable Importance ◽  
Content Type ◽  
Personal Data Protection ◽  
Cross Border ◽  
The Law ◽  
Foreign Governments ◽  
Security Inspection

Significance Once finalised and promulgated, probably sometime in late 2021 or 2022, it will be China’s first comprehensive piece of legislation to govern the collection, processing and use of personal data. There are significant ramifications for domestic and foreign businesses. Impacts Security inspection requirements for cross-border transfers of personal data could have considerable importance for foreign firms. The law may be used to sanction foreign firms or retaliate against foreign governments. The law aims to settle a long-running turf war between regulators, to eliminate duplicate licensing, enforcement and inspection regimes.

scholarly journals Tracing Individuals under the EU Regime on Serious, Cross-border Health Threats: An Appraisal of the System of Personal Data Protection

2017 ◽  
Vol 8 (4) ◽  
pp. 700-722 ◽  
Author(s):  
Patrycja DĄBROWSKA-KŁOSIŃSKA
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Integrated Approach ◽  
Border Health ◽  
Health Security ◽  
Personal Data Protection ◽  
Cross Border ◽  
Health Threats ◽  
The Right ◽  
The Eu

AbstractThe article tackles the issue of personal data protection in case of tracing (looking for) individual persons who have been exposed to health risks pursuant to the EU Decision 1082/2013 on Serious, Cross-border Health Threats. This problem exemplifies just one among many challenges of the health-security nexus in the EU. That is, it regards a certain trade-off between the limitation of individual rights and securing populations’ safety. The text appraises the safeguards for the (lawful) limitation of the right to data protection after an in-depth examination of the provisions of the Health Threats Decision, its implementing measures, the reports on its operation, and in light of the general EU data protection laws. In conclusion, it claims that a number of improvements are needed because of the incompleteness, and the insufficient coherence and transparency of the EU regime for health threats. The established shortcomings are, at least in part, caused by the new EU “integrated approach” to health and security. In effect, an overall philosophy of reforms of public health policy in the name of “all-hazards security” applied in the Health Threats Decision can result in a reduction of the adequate level of protection of individuals’ personal data.

Legislative discourse of digital governance: a corpus-driven comparative study of laws in the European Union and China

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Siyue Li ◽  
Chunyu Kit
Keyword(s):  
European Union ◽  
Data Protection ◽  
Data Security ◽  
Personal Data ◽  
The European Union ◽  
Data Governance ◽  
Personal Data Protection ◽  
Cross Border ◽  
Digital Governance ◽  
The Eu

Abstract Based on the self-compiled corpora of the European Union and Chinese laws on data governance, this study adopts a corpus-driven approach to comparatively study the legislative design of the EU and China on digital governance, especially on key issues such as data protection, data processing and utilization, and cross-border data transfer. It is found through corpus analysis that the EU has developed a relatively comprehensive data protection system, which internally focuses on the protection of individual data rights and externally sets high standards on the cross-border transfer of data. Despite the data protection paradigm as it manifests, the EU is facing new challenges on data exportation, data jurisdiction in the competitive digital marketplace. Shared the same concern on the data protection legislation, Chinese data law has made significant progress in personal data protection with the nascent enactment of Data Security Law and Personal Data Protection Law. Notably, Chinese legislation features the hierarchal taxonomy of data under the principle of the national security exception, while it requires more legislative skills, flexible response mechanisms, and more subordinate laws to prevent future data security threats. Moreover, the corpus-driven method conducted in this study provides evidential insights for the comparative legal textual studies across jurisdictions.

scholarly journals Digital Protectionism: Myth or Reality?

2021 ◽  
Vol 13 (2) ◽  
pp. 26-40
Author(s):  
O. A. Markova ◽  
A. I. Meleshkina
Keyword(s):  
Data Protection ◽  
Data Transfer ◽  
Personal Data ◽  
Regulatory Regime ◽  
Personal Data Protection ◽  
Cross Border ◽  
Digital Development ◽  
Antitrust Legislation ◽  
Two Stages ◽  
Antitrust Regulation

Many governments continue or even return to protectionism, with a special influence on digital protectionism that has emerged in the era of digital development. Compared to the traditional protectionism the digital one usually differs due to the expansive growth of digital companies and the enormous amounts of data they gather. The authors focus on the two main elements of digital protectionism – a regulatory regime that creates barriers to cross-border data transfer and benefits in antitrust legislation in respect of internal companies. The purpose of the article is to identify the risks of applying special regulation of personal data protection and using antitrust policy to regulate digital companies functioning as means of protectionism. The analysis includes two stages: comparing of personal data protection and digital protectionism aims, assessing the protectionism motives within the framework of antitrust regulation. Based on the results of the study the authors come to the conclusion that industrial and antitrust regulators should take into account the risks of implementing digital protectionism to the competition.

Importance of Personal Data Protection Law for Commercial Air Transport

2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura
Keyword(s):  
Data Protection ◽  
Public Information ◽  
Personal Data ◽  
Air Transport ◽  
Civil Aviation ◽  
Aviation Industry ◽  
Personal Data Protection ◽  
It Systems ◽  
Data Protection Law ◽  
The Law

Abstract In the review below the author presents a general overview of the selected contemporary legal issues related to the present growth of the aviation industry and the development of aviation technologies. The review is focused on the questions at the intersection of aviation law and personal data protection law. Massive processing of passenger data (Passenger Name Record, PNR) in IT systems is a daily activity for the contemporary aviation industry. Simultaneously, since the mid- 1990s we can observe the rapid growth of personal data protection law as a very new branch of the law. The importance of this new branch of the law for the aviation industry is however still questionable and unclear. This article includes the summary of the author’s own research conducted between 2011 and 2017, in particular his audits in LOT Polish Airlines (June 2011-April 2013) and Lublin Airport (July - September 2013) and the author’s analyses of public information shared by International Civil Aviation Organization (ICAO), International Air Transport Association (IATA), Association of European Airlines (AEA), Civil Aviation Authority (ULC) and (GIODO). The purpose of the author’s research was to determine the applicability of the implementation of technical and organizational measures established by personal data protection law in aviation industry entities.

Problems of establishment and development of the Institution of personal data protection in the Russian Federation: historical-legal aspect

2020 ◽  
pp. 28-35
Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich
Keyword(s):  
Russian Federation ◽  
Data Protection ◽  
Information Technologies ◽  
Legal Aspect ◽  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Russian Society ◽  
Personal Data Protection ◽  
The Russian Federation

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.

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