Data Mining and Privacy Protection

Cyber Crime ◽  
2013 ◽  
pp. 154-174 ◽  
Author(s):  
Armand Faganel ◽  
Danijel Bratina

Modern data mining tools search databases for hidden patterns, finding predictive information that is otherwise not evident. There exist four models for privacy protection, which depending on their application, can be complementary or contradictory. This chapter deals with the comparison of EU comprehensive laws model and US sectoral laws model that arise from different cultural and historical background. The main objectives are to compare the current state of consumer’s privacy protection in EU and USA, discuss legal frameworks, propose some best practice implications, and summarize perceived future trends. We must not forget that consumers have the right to communicate and interact, and also to keep the control over their personal data, even after they disclosed it to others.

Author(s):  
Armand Faganel ◽  
Danijel Bratina

Modern data mining tools search databases for hidden patterns, finding predictive information that is otherwise not evident. There exist four models for privacy protection, which depending on their application, can be complementary or contradictory. This chapter deals with the comparison of EU comprehensive laws model and US sectoral laws model that arise from different cultural and historical background. The main objectives are to compare the current state of consumer’s privacy protection in EU and USA, discuss legal frameworks, propose some best practice implications, and summarize perceived future trends. We must not forget that consumers have the right to communicate and interact, and also to keep the control over their personal data, even after they disclosed it to others.


2016 ◽  
Vol 44 (1) ◽  
pp. 68-84 ◽  
Author(s):  
Aart C. Hendriks ◽  
Rachèl E. van Hellemondt

The Netherlands does not have any specific legislation pertaining to human biological materials and data collection by biobanks. Instead, these issues are governed by a patchwork of laws, codes of practices, and other ethical instruments, where special emphasis is given to the right to privacy and self-determination. While draft legislation for biobanking was scheduled to enter into force in 2007, as of mid-2015 such legislation was still under consideration, with the intent that it would focus particularly on individual self-determination, the interests of research, the use of bodily materials collected by biobanks for criminal law purposes, and dilemmas around results that are clinically relevant for biobank participants. Under the current framework, the amount of privacy protection afforded to data is linked to its level of identifiability. International sharing of personal data to non-EU/European Economic Area countries is allowed if these countries provide adequate protection.


Author(s):  
Ronggong Song ◽  
Larry Korba ◽  
George Yee

Pseudonym technology is attracting more and more attention and, together with privacy violations, is becoming a major issue in various e-services. Current e-service systems make personal data collection very easy and efficient through integration, interconnection, and data mining technologies since they use the user’s real identity. Pseudonym technology with unlinkability, anonymity, and accountability can give the user the ability to control the collection, retention, and distribution of his or her personal information. This chapter explores the challenges, issues, and solutions associated with pseudonym technology for privacy protection in e-services. To have a better understanding of how the pseudonym technology provides privacy protection in e-services, we describe a general pseudonym system architecture, discuss its relationships with other privacy technologies, and summarize its requirements. Based on the requirements, we review, analyze, and compare a number of existing pseudonym technologies. We then give an example of a pseudonym practice — e-wallet for e-services and discuss current issues.


Author(s):  
R R. Arnesen

Protecting the privacy of citizens is a critical issue in digital government services. The right to privacy is widely recognized as a fundamental human right, as stated in Article 12 of the Universal Declaration of Human Rights (United Nations, 1948). The first definition of privacy was given by American lawyers Warren and Brandeis (1890), who defined it as “the right to be let alone.” However, the right to privacy has been recognized for millenniums. The Hippocratic oath (n.d.) dates back to around 400 B.C. and instructs medical doctors to respect the privacy of their patients. During the last three decades, many countries have passed privacy legislation, the Swedish Data Act from 1973 being the first national privacy act in the world. During the 1970s, many countries adopted data protection acts (Fischer-Hübner, 2001). In 1980, OECD published its privacy guidelines with the purpose of reducing the potential privacy problems incurred by cross-border trade (OECD, 1980). The European Council adopted Directive 95/46/EC in 1995, and all member states are required to implement national privacy legislation in compliance with this directive (European Union (EU) Directive 95/46/EC, 1995). Privacy is under increasing pressure in the digital age, and the introduction of digital government services may escalate this development. The way government has been organized until now, with separate departments with their own “silos” of personal data, has inherently provided some privacy protection. In such a distributed environment data matching is expensive and resource consuming. This form of privacy protection is referred to as “practical obscurity” in Crompton (2004, p.12). Some examples of threats to privacy related to the development of digital government are as follows: • Data collection capabilities increase as new technology for continuous and automatic data collection is introduced. Examples of such technologies include digital video surveillance, biometric identification and radio frequency identification (RFID). • Data processing capabilities are rapidly increasing. The very existence of large amounts of stored personal data, together with the availability of sophisticated tools for analysis, increases the probability for misuse of data. • There is a trend towards integration of formerly separated governmental services, including physical offices. Providing a single point of contact is more user friendly, but it may also provide an attacker with a single point of attack. • Outsourcing of services (e.g., customer relationship management) is increasingly popular both among companies and governmental organizations. Those who deliver such services to many customers have a unique opportunity to gather personal information from many different sources. If services are outsourced across country borders, and perhaps in several layers, responsibilities soon become unclear. • Even if the organization responsible for stored personal information does not have malicious intents, one cannot expect all its employees to be equally trustworthy. Disloyal employees are a severe threat when increasing amounts of information are stored. • Tax records and other public records made available on the Internet enable efficient searches and aggregation of information about individuals. Identity thefts and fraud are common uses of information gathered in this way.


2018 ◽  
Vol 1 (XVIII) ◽  
pp. 335-353
Author(s):  
Weronika Kupny

The protection of the right to privacy is one of the basic human rights and as a fundamental subject in most modern laws. Legal systems extend the privacy protection instruments to a significant extent, but at the same time they find reasons to strongly interfere in this area. Certainly, the dynamic development of modern technologies does not help the legislator to find a comprehensive solution. The article deals with the subject of privacy protection in the employment relationship on the area of innovation, technology development. In this study, the author also compares the impact of the use of modern technologies in the workplace today – in the light of the applicable regulations and tomorrow – taking into account enactment of Regulation (EU) 2016/679 of European Parlliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealinf Directive 95/46/EC (General Data Protection Regulation).


Author(s):  
Cadelo Valentina ◽  
Peterson Trudy Huskamp

Principle 15 requires States to adopt measures that facilitate access to archives for victims, persons implicated in human rights violations, and individuals undertaking historical research. Access to records/archives means making them available for consultation as a result both of legal authorization and the existence of finding aids. Authorizing access to archives, particularly those of governments, is a political act. After providing a contextual and historical background on Principle 15, this chapter discusses its theoretical framework as well as its implementation, focusing on how international and national courts have taken a variety of positions on access. While the theoretical and best practice framework for access to archives exists, the chapter argues that implementation of Principle 15 is far from satisfactory. It also highlights important challenges that persist due to the reluctance of states to provide access to information, often linked to national security concerns.


Author(s):  
Bisset Alison

Principle 9 provides guarantees of procedural fairness for persons implicated in past violations. An important element of a commission’s historical account is to identify those responsible for past violations, which contributes to the fulfilment of the right to truth. However, the consequences of being named in a final report can have important ramifications, especially for an individual’s reputation, family life and privacy. Before commissions publish findings in relation to specific persons, best practice dictates that information implicating individuals be corroborated and that they be afforded a right to reply to the allegations against them. Such requirements impose administrative burdens on commissions given their often limited resources and short temporal mandates. After giving a contextual and historical background on Principle 9, this chapter discusses its theoretical framework and how commissions operate in practice in terms of verifying the allegations against certain individuals.


2021 ◽  
Vol 233 (10) ◽  
pp. 31-44
Author(s):  
ALEXANDER V. LARIONOV ◽  

The punishment associated with the deprivation of the right to hold certain positions or engage in certain activities has a long history of development in domestic legislation. This article examines the historical period from the end of the 15th century and to the present day, described in terms of the application of punishments associated with the deprivation of certain rights of persons guilty of crimes. The article is devoted to the official statistics, domestic legislation, legal norms of previous historical periods, scientific literature on the topic of the work. The purpose of the study is to reveal its essence and punitive potential on the basis of historical and legal analysis and modern experience in the application of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities, as well as develop proposals aimed at increasing the efficiency of punishment execution. The methodological basis of the research includes analysis, synthesis as well as historical, statistical, formal legal, comparative legal methods. As a result of the work carried out, the historical aspect of the formation of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities and its current state have been analyzed. The content of the imposed legal restrictions in the appointment of the type of punishment under study has been analyzed and a number of recommendations have been proposed, designed to smooth down the existing problems associated with its implementation. The author's conclusions are aimed at achieving the goals of criminal punishment and can be used in law enforcement practice. Key words: punishment, deprivation of the right, legal disqualification, legal restriction, a certain position, professional activity.


2020 ◽  
Vol 15 (36) ◽  
pp. 209-232
Author(s):  
Marcos Vinicius Viana da Silva ◽  
Erick Da Luz Scherf ◽  
Jose Everton Da Silva

The protection of personal data in the cyberspace has been an issue of concern for quite some time. However, with the revolutions in information technology, big data and the internet of things, data privacy protection has become paramount in an era of free information flows. Considering this context, this research intends to shine a light on the experience of Brazil regarding data privacy protection, through the analysis of a brand new bill passed by Congress: the Brazilian General Personal Data Protection Act. Our assessment of the legislation was made from the perspective of a human rights-based approach to data, aiming to analyze both advancements, limitations and contradictions of the rights-discourse in the LGPD. Our main conclusions were that the (public and national) security rhetoric, also present in the bill, can create a state of exception regarding the processing of personal data of those considered “enemies of the state”, which may result in violations of fundamental rights and procedural guarantees.


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