scholarly journals Medical Error in Psychiatry - Brazilian Analysis and Proposal For A Doctor's Protection Protocol

2020 ◽  
Vol 03 (11) ◽  
Author(s):  
Homaile Mascarin do Vale ◽  
Keyword(s):  
Data Protection ◽  
Medical Error ◽  
Medical Malpractice ◽  
Patient Privacy ◽  
General Data Protection Regulation ◽  
Consumer Privacy ◽  
Privacy Act ◽  
The Face ◽  
General Data ◽  
Real Practice

There is an increase in the number of medical malpractice cases all over the world and the detachment of the role of the judiciary and the real practice of medical activity is striking, converging to a weakness of the doctor in the face of a system that does not advocate the equalization of plaintiff and defendant in the process, bringing procedural difficulties to the doctor due to the legislation, especially the Brazilian. In a transdisciplinary way, permeating the law and medicine, the article mapped the operation of the Brazilian judiciary in the face of medical error and, specifically, measured how the state power understands cases about psychiatry, a specialty that is difficult to prove medical error. It was analyzed statistically how Brazilian courts behave, creating a procedural diagnosis of justice. This research offers a protection protocol to the psychiatrist inspired by the General Data Protection Law, which in turn comes from the European General Data Protection Regulation and the California Consumer Privacy Act of 2018 to address the procedural vulnerability of the doctor in medical error processes respecting patient privacy and intimacy, applicable and adaptable to countries and continents that have legislation for specific data protection. The article concludes by critically analyzing the format of processing and judgment of medical malpractice cases in Brazil, proposing a multidisciplinary configuration in search of real justice.

scholarly journals Apply or not to apply?

2020 ◽  
Vol 4 (2) ◽  
pp. 81-94
Author(s):  
Matúš Mesarčík
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
The European Union ◽  
Privacy Regulation ◽  
New Era ◽  
General Data Protection Regulation ◽  
Consumer Privacy ◽  
Privacy Act ◽  
General Data ◽  
The Eu

A new era of data protection laws arises after the adoption of the General Data Protection Regulation (GDPR) in the European Union. One of the newly adopted regulations of processing of personal data is Californian Consumer Privacy Act commonly referred to as CCPA. The article aims to fill the gap considering a deep analysis of the territorial scope of both acts and practical consequences of the application. The article starts with a brief overview of privacy regulation in the EU and USA. Introduction to GDPR and CCPA follows focusing on the territorial scope of respective legislation. Three scenarios of applicability are derived in the following part including practical examples.

Regulatory Challenges of Data Mining Practices: The Case of the Never-ending Lifecycles of ‘Health Data’

2018 ◽  
Vol 25 (3) ◽  
pp. 284-307
Author(s):  
Giovanni Comandè ◽  
Giulia Schneider
Keyword(s):  
Data Mining ◽  
Data Protection ◽  
Personal Data ◽  
Health Data ◽  
General Level ◽  
General Data Protection Regulation ◽  
The Face ◽  
General Data ◽  
Level Of Analysis

Abstract Health data are the most special of the ‘special categories’ of data under Art. 9 of the General Data Protection Regulation (GDPR). The same Art. 9 GDPR prohibits, with broad exceptions, the processing of ‘data concerning health’. Our thesis is that, through data mining technologies, health data have progressively undergone a process of distancing from the healthcare sphere as far as the generation, the processing and the uses are concerned. The case study aims thus to test the endurance of the ‘special category’ of health data in the face of data mining technologies and the never-ending lifecycles of health data they feed. At a more general level of analysis, the case of health data shows that data mining techniques challenge core data protection notions, such as the distinction between sensitive and non-sensitive personal data, requiring a shift in terms of systemic perspectives that the GDPR only partly addresses.

An Overview of Recent Development in Privacy Regulations and Future Research Opportunities

2021 ◽  
pp. 1-14
Author(s):  
Tawei Wang ◽  
Yen-Yao Wang
Keyword(s):  
Economic Consequences ◽  
Future Research ◽  
Research Opportunities ◽  
General Data Protection Regulation ◽  
Consumer Privacy ◽  
Privacy Act ◽  
General Data ◽  
Security Compliance ◽  
New Research ◽  
Data Broker

This chapter provides an overview of several recently proposed or passed privacy-related regulations, including General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), Illinois Video Interview Act, Data Broker Regulations in Vermont, and Privacy Bill of Rights Act, and related but very limited studies. Toward the end, several research opportunities are discussed. These research opportunities include (1) economic consequences of these new regulations and (2) the new research framework to capture novel features of these regulations to explain security compliance. The authors further discuss possible research designs to address the proposed research opportunities. This chapter provides both professionals and researchers additional insights on the regulation of privacy issues.

Algorithms, artificial intelligence and automated decisions concerning workers and the risks of discrimination: the necessary collective governance of data protection

2019 ◽  
Vol 25 (4) ◽  
pp. 465-481 ◽  
Author(s):  
Adrián Todolí-Signes
Keyword(s):  
Artificial Intelligence ◽  
Data Protection ◽  
Lower Cost ◽  
Efficient Manner ◽  
General Data Protection Regulation ◽  
Labour Relations ◽  
The Past ◽  
The Face ◽  
General Data ◽  
The Eu

Big data, algorithms and artificial intelligence now allow employers to process information on their employees and potential employees in a far more efficient manner and at a much lower cost than in the past. This makes it possible to profile workers automatically and even allows technology itself to replace human resources personnel in making decisions that have legal effects on employees (recruitment, promotion, dismissals, etc.). This entails great risks of worker discrimination and defencelessness, with workers unaware of the reasons underlying any such decision. This article analyses the protections established in the EU General Data Protection Regulation (GDPR) for safeguarding employees against discrimination. One of the main conclusions that can be drawn is that, in the face of the inadequacy of the GDPR in the field of labour relations, there is a need for the collective governance of workplace data protection, requiring the participation of workers’ representatives in establishing safeguards.

scholarly journals COVID-19 contact tracing apps: a stress test for privacy, the GDPR, and data protection regimes

2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Laura Bradford ◽  
Mateo Aboy ◽  
Kathleen Liddell
Keyword(s):  
Data Protection ◽  
Stress Test ◽  
Fundamental Rights ◽  
Contact Tracing ◽  
Notification System ◽  
General Data Protection Regulation ◽  
Consumer Privacy ◽  
Privacy Act ◽  
Digital Surveillance ◽  
Contact Tracking

Abstract Digital surveillance has played a key role in containing the COVID-19 outbreak in China, Singapore, Israel, and South Korea. Google and Apple recently announced the intention to build interfaces to allow Bluetooth contact tracking using Android and iPhone devices. In this article, we look at the compatibility of the proposed Apple/Google Bluetooth exposure notification system with Western privacy and data protection regimes and principles, including the General Data Protection Regulation (GDPR). Somewhat counter-intuitively, the GDPR’s expansive scope is not a hindrance, but rather an advantage in conditions of uncertainty such as a pandemic. Its principle-based approach offers a functional blueprint for system design that is compatible with fundamental rights. By contrast, narrower, sector-specific rules such as the US Health Insurance Portability and Accountability Act (HIPAA), and even the new California Consumer Privacy Act (CCPA), leave gaps that may prove difficult to bridge in the middle of an emergency.

An Overview of Recent Development in Privacy Regulations and Future Research Opportunities

2021 ◽  
pp. 88-101
Author(s):  
Tawei Wang ◽  
Yen-Yao Wang
Keyword(s):  
Economic Consequences ◽  
Future Research ◽  
Research Opportunities ◽  
General Data Protection Regulation ◽  
Consumer Privacy ◽  
Privacy Act ◽  
General Data ◽  
Security Compliance ◽  
New Research ◽  
Data Broker

This chapter provides an overview of several recently proposed or passed privacy-related regulations, including General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), Illinois Video Interview Act, Data Broker Regulations in Vermont, and Privacy Bill of Rights Act, and related but very limited studies. Toward the end, several research opportunities are discussed. These research opportunities include (1) economic consequences of these new regulations and (2) the new research framework to capture novel features of these regulations to explain security compliance. The authors further discuss possible research designs to address the proposed research opportunities. This chapter provides both professionals and researchers additional insights on the regulation of privacy issues.

scholarly journals LAYERS OF “NETWORKED PRIVACY”: CONTEXT COLLAPSES ACROSS RELATIONS, TECHNOLOGIES, INSTITUTIONS, AND DATA

2020 ◽  
Author(s):  
Sophia Jeeyun Baik
Keyword(s):  
Critical Discourse Analysis ◽  
News Coverage ◽  
Critical Discourse ◽  
General Data Protection Regulation ◽  
Consumer Privacy ◽  
Privacy Act ◽  
Digital Era ◽  
General Data ◽  
Shed Light ◽  
The U.S

This paper identifies different layers of “networked privacy," expanding the original concept's focus on (1) networked relations (Marwick and boyd, 2014) to further include (2) networked technologies, (3) networked institutions, and (4) networked data. It teases out various moments of “collision of information norms” or “context collapse” (Marwick and boyd, 2014, p. 1054), which complicate privacy and regulations thereof in recent years. As we are at a critical juncture where information norms are being enshrined in different parts of the world including the EU's GDPR (General Data Protection Regulation) and the CCPA (California Consumer Privacy Act) in the U.S., understanding complex layers of context collapses can shed light on the legal grey areas that would need further examination. This study investigated the U.S. news coverage on digital privacy between January 2018 and June 2020 to explore any layers/moments of “context collapses” with regard to privacy. I conducted a Critical Discourse Analysis (CDA) (Fairclough, 2013), closely examining 300 samples out of 5,874 articles. Rethinking the framework of “networked privacy,” I argue, can help us ensure the "similar minimum levels of privacy" (Regan, 1996) across networked relations, technologies, institutions, and data in the current digital era.

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