Comparative Study on the Implementation and Effect of Directive 95/46/EC on Data Protection 1 in Europe

2017 ◽  
pp. 125-188
Author(s):  
Ségolène Rouillé-Mirza ◽  
Jessica Wright
Keyword(s):  
Comparative Study ◽  
Data Protection

scholarly journals Online Publication of Court Decisions in Europe

2017 ◽  
Vol 17 (3) ◽  
pp. 136-145 ◽  
Author(s):  
Marc van Opijnen ◽  
Ginevra Peruginelli ◽  
Eleni Kefali ◽  
Monica Palmirani
Keyword(s):  
European Union ◽  
Comparative Study ◽  
Data Protection ◽  
Online Publication ◽  
Open Data ◽  
Case Law ◽  
The Internet ◽  
Court Decisions ◽  
The European Union ◽  
Policy Frameworks

AbstractAlthough nowadays most courts publish decisions on the internet, substantial differences exist between European countries regarding such publication. These differences not only pertain to the extent with which judgments are published and anonymised, but also to their metadata, searchability and reusability. This article, written by Marc van Opijnen, Ginevra Peruginelli, Eleni Kefali and Monica Palmirani, contains a synthesis of a comprehensive comparative study on the publication of court decisions within all Member States of the European Union. Specific attention is paid on the legal and policy frameworks governing case law publication, actual practices, data protection issues, Open Data policies as well as the state of play regarding the implementation of the European Case Law Identifier.

scholarly journals Comparative Study of Children’s Personal Data Protection Regulation on COPPA (Children’s Online Privacy Protection Act) and Children and GDPR

Khazanah ◽  
2020 ◽  
Vol 12 (2) ◽  
Author(s):  
Hidayatun Nafi'ah ◽  
◽  
athifah Nur Hasna ◽  
Keyword(s):  
Comparative Study ◽  
Data Protection ◽  
Privacy Protection ◽  
Personal Data ◽  
Online Privacy ◽  
Personal Data Protection ◽  
Library Research ◽  
Qualitative Descriptive ◽  
Data Protection Law ◽  
Definition Of

Background: Personal data is the most fundamental right for everyone including children. Children are the most vulnerable subjects when it comes to the processing of personal data, it is because they do not have awareness and understanding of the risks of misuse of personal data. Regulations regarding the protection of children's personal data in Indonesia are already contained in the draft of personal data protection law but with very limited guidance. Through this comparative study, researchers wanted to compare the United State's COPPA(Children's Online Privacy Protection Act) with the Children and GDPR by the United Kingdom. Both of these regulations are very detailed in regulating the protection of children's personal data. This study will provide a clearer picture of children’s privacy protection regulations so that it can be used as a reference for Indonesia's draft of personal data protection law in regard to the rights of children's privacy. Method: This comparative research uses qualitative descriptive methods with library research and approach. Result: There are fundamental differences regarding the form of guidance, the definition of child, the perpetrator processing of the child's personal data, and things that are included in the child's personal data. Conclusion: The application of children's personal data protection is adjusted to the values and cultures of the country.

scholarly journals Delegitimising Data Subjects’ Economic Interests During Automatic Propertisation of Their Data: A Comparative Study of Data Protection on Social Media Platforms in the UK and China

2022 ◽  
pp. 205943642110608
Author(s):  
Janet Hui Xue
Keyword(s):  
Social Media ◽  
Comparative Study ◽  
Data Protection ◽  
Personal Information ◽  
Economic Interests ◽  
Depth Analysis ◽  
Regulatory Approach ◽  
Social Media Platforms ◽  
The Uk ◽  
The Impact

Social media platforms (SMPs) generate revenue from the automatic propertisation of data contributed by users (i.e. they process these data algorithmically to feed products and services they sell to other customers, especially advertisers). This comparative study of the UK and China builds on key law and policy documents as well as in-depth interviews with 25 experts. We find that neither the human rights–based regulatory approach in the UK nor the impact-based approach of China provides users with economically meaningful forms of redress for harm suffered due to insufficient protection of their rights as data subjects. The study reveals the reasons for this: (1) by analysing data subjects’ rights in data protection law and establishing whether these rights preserve the economic interests of data subjects pertaining to their data; (2) by spelling out the conditions under which users can exercise their rights and (3) through an in-depth analysis of the existing mechanisms, which are not suitable to protect data subjects’ economic interests during automatic propertisation. This also helps us to understand the social impacts of China’s recently approved Personal Information Protection Law. Finally, it suggests two possible ways to improve the balance between the economic interests of data controllers and data subjects.

scholarly journals A Comparative Study of the APEC Privacy Framework- A New Voice in the Data Protection Dialogue?

2008 ◽  
Vol 3 ◽  
pp. 1-44
Author(s):  
Johanna G. Tan
Keyword(s):  
Comparative Study ◽  
Data Protection ◽  
Personal Data ◽  
Eu Member States ◽  
Cross Border ◽  
Eu Directive ◽  
Free Flow Of Information ◽  
International Conventions ◽  
Flow Of Information ◽  
The Eu

AbstractThe dialogue on data protection has so far been dominated by European and American voices. There are currently a few international conventions in place such as the Council of Europe's 1981 Convention for the Protection of Individuals with regard to the Automatic processing of personal data, the 1980 OECD Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data , which apply to 30 OECD countries, and the EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data, which binds EU member states but has had some impact on non-European countries due to the restriction on cross border flow of information.This has changed with the emergence of the APEC Privacy Framework in 2004 which focuses on the importance of the free flow of information in the digital age. Does the APEC Privacy Framework have anything of value to add or does it dilute the standards already in place? This article will examine these questions and argue that perhaps the APEC Privacy Framework is the first step towards a truly global standard for data protection.

Sign in / Sign up

Export Citation Format

Share Document