scholarly journals DATA PROTECTION BY DEFAULT AND BY DESIGN IN THE AGE OF DIGITALISATION

2021 ◽  
Author(s):  
Ventsislav Karadjov ◽  
Keyword(s):  
Artificial Intelligence ◽  
Data Protection ◽  
Personal Data ◽  
Personal Data Protection ◽  
Fundamental Step ◽  
Automated Processing

The concept of data protection by default and by design is fundamental step for understanding contemporary personal data protection processes. The principle of "data protection by design" has been introduced to protect the rights of individuals in the automated processing of personal data. It should be reflected in all contemporary epitome of digitalisation, including artificial intelligence. Its continuation is the data protection by default.

scholarly journals Credit-Based Insurance Scores: some Observations in the Light of the European General Data Protection Regulation

2020 ◽  
pp. 155-186
Author(s):  
María Dolores Mas Badia
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Insurance Companies ◽  
The European Union ◽  
History Data ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Credit History ◽  
Automated Processing ◽  
General Data

Despite the differences between credit risk and insurance risk, in many countries large insurance companies include credit history amongst the information to be taken into account when assigning consumers to risk pools and deciding whether or not to offer them an auto or homeowner insurance policy, or to determine the premium that they should pay. In this study, I will try to establish some conclusions concerning the requirements and limits that the use of credit history data by insurers in the European Union should be subject to. In order to do this, I shall focus my attention primarily on Regulation (EU) 2016/679. This regulation, that came into force on 24 May 2018, not only forms the backbone of personal data protection in the EU, but is also set to become a model for regulation beyond the borders of the Union. This article will concentrate on two main aspects: the lawful basis for the processing of credit history data by insurers, and the rules that should apply to decisions based solely on automated processing, including profiling.Received: 30 December 2019Accepted: 07 February 2020Published online: 02 April 2020

scholarly journals Legal Aspects of Artificial Intelligence on Automated Decision-Making in Indonesia

Lentera Hukum ◽  
2020 ◽  
Vol 7 (3) ◽  
pp. 301
Author(s):  
Denindah Olivia
Keyword(s):  
Artificial Intelligence ◽  
United States ◽  
Decision Making ◽  
Data Protection ◽  
Personal Data ◽  
Legal Protection ◽  
The United States ◽  
The European Union ◽  
Personal Data Protection ◽  
Automated Decision Making

This paper analyzes the importance of Indonesia's comprehensive legal framework on automated decision-making empowered by Artificial Intelligence, comparing it to the European Union, the United States, and China. Specifically, this paper inquires about the status quo of the legal protection of automated decision-making In Indonesia. The analysis highlights profiling in an automated decision-making system with the following discussion about personal data protection. In this context, the European Union's member states set out the General Data Protection Regulation (GDPR) that prohibits automated decision-making to a certain extent. In the United States, the practice of automated decision-making is rather usual. Simultaneously, China takes an exceptional measure instead and develops this automation through a social credit system. The analysis concludes that Indonesia has weak legal protection towards personal data and profiling, which later becomes the basis in facilitating automated decision-making. The provision of automated decision-making and profiling is the absolute bare minimum to Indonesia's Personal Data Protection Bill due to insufficient legal certainty. In the end, it is paramount for lawmakers to consider a comprehensive regulation on automated decision-making by adopting the European Union's GDPR framework. KEYWORDS: Artificial Intelligence, Automated Decision-Making, Personal Data Protection.

Effects and Projections of the Brazilian General Data Protection Law (LGPD) Application and the Role of the DPO

2021 ◽  
pp. 195-208
Author(s):  
Claudio Roberto Pessoa ◽  
Bruna Cardoso Nunes ◽  
Camila de Oliveira ◽  
Marco Elísio Marques
Keyword(s):  
Artificial Intelligence ◽  
Data Protection ◽  
Personal Data ◽  
Personal Data Protection ◽  
Specific Objective ◽  
The World ◽  
General Data ◽  
Data Protection Law ◽  
The Impact

The world scenario is changing when we talk about personal data protection. Not that long ago, it was common to find companies that sell databases, and other companies that work with the information contained into these databases, aimed to create profiles and generate solutions, using technologies such as big data and artificial intelligence, among others, looking to be attractive and get more customers. In order to protect the privacy of citizens across the world, laws have been created and/or expanded to reinforce this protection. In Brazil, specifically, the Lei de Proteção de Dados Pessoais – LGPD [General Data Protection Law] was created. This research aims to analyze this law, as well as other laws that orbit around it. The goal is to know the impact of law enforcement on business routine and, as a specific objective, what the role of DPO (Data Protection Officer) in organizations will be.

scholarly journals The right to respect private life in the context of the development of artificial intelligence

2021 ◽  
pp. 10-19
Author(s):  
Greta Angjeli ◽  
Besmir Premalaj
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Data Protection ◽  
Privacy Protection ◽  
Personal Data ◽  
Private Life ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Right

One of the fundamental human rights protected by various international conventions is the right to the protection of privacy, or as defined in the European Convention on Human Rights, the right to respect private and family life. Affiliated to this right is also the right to data protection, which is described by various authors as a modern derivation of the right to privacy protection. The protection of personal data in the context of privacy protection was jeopardized by the rapid and widespread of information technology, automated data processing and the risk of access to this data by unauthorized persons on the network. The legal regulation for the non-violation of the right to respect private life by the processing of personal data with automated systems was one of the challenges of many states which had to allow the use of artificial intelligence for the benefit of further economic and social development, at the same time they had to ensure the protection of the personal data of their citizens. In this context, the EU has issued another regulation on personal data protection (General Data Protection Regulation (EU) 2016/679). The purpose of this paper is to highlight the impact of artificial intelligence on the right to respect private life and the legal protection of personal data from misuse through artificial intelligence.

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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