scholarly journals Personal Data Protection Authority: Comparative Study between Indonesia, United Kingdom, and Malaysia

2021 ◽  
Vol 3 ◽  
pp. 54-63
Author(s):  
Vina Himmatus Sholikhah ◽  
Noering Ratu Fatheha Fauziah Sejati ◽  
Diyanah Shabitah
Keyword(s):  
Best Practices ◽  
Data Protection ◽  
Personal Data ◽  
Cyber Attacks ◽  
Policy Framework ◽  
Residential Areas ◽  
Personal Data Protection ◽  
Internet Users ◽  
Data Protection Authority ◽  
The Uk

The COVID-19 pandemic has increased the number of people connected to the internet. Based on data, internet users in Indonesia increased by 8.9% from 2018 to 73.7% (APJII, 2020). In addition, internet use is increasing in residential areas and residential areas (Kominfo, 2020). The development of Information, Communication and Technology Technology continues to progress, it needs to be accompanied by data protection regulations. However, Indonesia does not yet have a data protection regulation that can be implemented on the threat of cyber attacks. This research is aimed at finding best practices in data protection that can be applied in Indonesia. This study uses the Narrative Policy Framework (NPF). In the analysis, a comparison is made between data protection authorities to protect data in Indonesia and best practices in the UK and Malaysia, especially in post-pandemic conditions. This study aims to recommend solutions that strengthen data security protection in the post-COVID-19 era in Indonesia.

scholarly journals The Brazilian Law on Personal Data Protection

2020 ◽  
Vol 12 (6) ◽  
pp. 15-25
Author(s):  
Jonatas S. de Souza ◽  
Jair M. Abe ◽  
Luiz A. de Lima ◽  
Nilson A. de Souza
Keyword(s):  
Technological Change ◽  
Data Protection ◽  
Personal Data ◽  
Major Change ◽  
Personal Data Protection ◽  
Brazilian Society ◽  
General Law ◽  
Internet Users ◽  
The Subject ◽  
New Challenges

Rapid technological change and globalization have created new challenges when it comes to the protection and processing of personal data. In 2018, Brazil presented a new law that has the proposal to inform how personal data should be collected and treated, to guarantee the security and integrity of the data holder. The General Law Data Protection - LGPD, was sanctioned on September 18th, 2020. Now, the citizen is the owner of his personal data, which means that he has rights over this information and can demand transparency from companies regarding its collection, storage, and use. This is a major change and, therefore, extremely important that everyone understands their role within LGPD. The purpose of this paper is to emphasize the principles of the General Law on Personal Data Protection, informing real cases of leakage of personal data and thus obtaining an understanding of the importance of gains that meet the interests of Internet users on the subject and its benefits to the entire Brazilian society.

scholarly journals The Personal Data Protection of Internet Users in Indonesia

2021 ◽  
Vol 56 (1) ◽  
Author(s):  
Dewa Gede Sudika Mangku ◽  
Ni Putu Rai Yuliartini ◽  
I. Nengah Suastika ◽  
I. Gusti Made Arya Suta Wirawan
Keyword(s):  
Data Protection ◽  
Online Community ◽  
Service Providers ◽  
Rapid Development ◽  
Information Service ◽  
Personal Data ◽  
Literature Study ◽  
Personal Data Protection ◽  
Internet Users ◽  
Specific Regulation

The emergence and rapid development of information and communication technology has brought about various opportunities and challenges. One of them is the active interaction between individuals and the digital-based information service providers. In modern economic development, related information including personal data or also known as digital dossier—the collection of large amounts of an individual’s information using digital technology—are valuable assets due to their high economic value since they are widely utilized by businesses. In this regard and due to the increasing number of cellphone and internet users, there is a need to study the issues on the importance of protecting one’s personal data. In Indonesia, there is no specific regulation regarding the protection of personal data. Therefore, it is essential to come up with specific and comprehensive legislation related to personal data protection as legal basis for better implementation of personal data protection in Indonesia in the future. The purpose of this research is to find out and analyze the current policies on protection of personal data of internet users in Indonesia. This study uses a normative juridical method with a statutory approach and utilizes literature study. The result shows that the concept of personal data protection implies that individuals have the right to determine whether one will join an online community, share or exchange personal data with another, and the conditions that must be met in order to do so. The study likewise found that the threat of personal data leakage is increasingly occurring because of the development of the e-commerce sector in Indonesia.

scholarly journals A Review of Personal Data Protection Law in Indonesia

2020 ◽  
Author(s):  
Muhammad Firdaus
Keyword(s):  
Data Protection ◽  
House Of Representatives ◽  
Personal Data ◽  
Privacy Rights ◽  
Legal Rules ◽  
Personal Data Protection ◽  
Personal Dignity ◽  
Data Protection Authority ◽  
Individual Ability ◽  
Protection Authority

The importance of protecting personal data issue starts strengthened along with the increasing number of telephone user mobile and internet in Indonesia. Several cases were sticking out, especially those that have a connection with the leak of personal data and leads to fraud or crime, strengthen the discourse on the importance of making legal rules to protect personal data. In Indonesia, the protection of personal data is related to the concept of privacy, which is the idea of safeguarding the integrity and personal dignity. Privacy rights are also an individual ability to determine who is holding their information and how the information is used. Currently, Indonesia’s long-awaited comprehensive draft Law on the Protection of Personal Data has been submitted by President Joko Widodo to the Chairperson of the Indonesian House of Representatives on January 24th, 2020. When passed, it will be the first framework legislation on personal data protection in Indonesia. This paper discusses and summarizes the progress of personal data protection based on the law and the regulatory authority in Indonesia. The result shows that there is a lack of explanation of the term data protection authority (DPA) in the final Bill submitted.

scholarly journals IZAZOVI PRAVNOG UREĐENJA UPOTREBE OSOBNIH PODATAKA IZ GENSKIH TESTOVA U SVRHU OSIGURANJA

2021 ◽  
Vol 37 (3-4) ◽  
pp. 149-170
Author(s):  
Maja Bukovac Puvača ◽  
Loris Bealnić
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Comparative Law ◽  
Genetic Tests ◽  
Personal Data Protection ◽  
Use Of Data ◽  
The Usa ◽  
Liberal Approach ◽  
Using Data ◽  
The Uk

The paper deals with the issue of using genetic tests for insurance purposes. After introductory remarks, the paper provides an overview of various international and European legal sources both on data protection in general, and on the protection of data from genetic tests. The paper then researches into different solutions proposed by comparative law concerning the use of data from genetic tests for insurance purposes. Some solutions explicitly ban the use of genetic tests for insurance purposes (France, Austria, Portugal, Croatia), while others adopt a more liberal approach, allowing for its use (the USA, the UK, Germany). It is concluded that personal data protection does not exclude the possibility using data from genetic tests for insurance purposes, which proves the need for a common EU approach to the issue.

scholarly journals Electronic Health Record in Italy and Personal Data Protection

2016 ◽  
Vol 23 (3) ◽  
pp. 265-277
Author(s):  
Silvio Bologna ◽  
Alessandro Bellavista ◽  
Pietro Paolo Corso ◽  
Gianluca Zangara
Keyword(s):  
Electronic Health Record ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Health Record ◽  
Related Data ◽  
Personal Data Protection ◽  
Data Protection Authority ◽  
Electronic Health ◽  
Health Legislation

The present article deals with the Italian Electronic Health Record (hereinafter ehr), recently introduced by Act 221/2012, with a specific focus on personal data protection. Privacy issues — e.g., informed consent, data processing, patients’ rights and minors’ will — are discussed within the framework of recent e-Health legislation, national Data Protection Code, the related Data Protection Authority pronouncements and eu law. The paper is aimed at discussing the problems arising from a complex, fragmentary and sometimes uncertain legal framework on e-Health.

scholarly journals Before and after enforcement of GDPR

2020 ◽  
Vol 30 (3) ◽  
pp. 363-370
Author(s):  
Livia Puljak ◽  
Anamarija Mladinić ◽  
Ron Iphofen ◽  
Zvonimir Koporc
Keyword(s):  
Data Protection ◽  
Academic Research ◽  
Personal Data ◽  
Research Institutions ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Before And After ◽  
Data Protection Authority ◽  
General Data ◽  
Protection Authority

Introduction The European Union’s (EU) General Data Protection Regulation (GDPR) was put in force on 25th May 2018. It is not known how many personal data protection requests the national authority in Croatia had received before and after GDPR, and how many of those were related to research. Materials and methods We obtained data from the Croatian Personal Data Protection Agency (CPDPA) about requests/complaints related to personal data protection that were received specifically from academic/research institutions, specifically the number and type of all cases/requests between the years 2015-2019. Results In 2018, CPDPA had a dramatic increase in the number of requests in the post-GDPR period, compared to the pre-GDPR period of the same year. In 2019, CPDPA received 2718 requests/complaints; less than in the year 2018. From 2015 to 2019, CPDPA received only 37 requests related to research. Conclusions Very few requests about personal data protection from academic and research institutions in Croatia were submitted to the national Croatian data protection authority. Future studies could explore whether researchers have sufficient awareness and knowledge about personal data protection related to research, to adequately implement the GDPR regulations.

scholarly journals OCHRONA DANYCH OSOBOWYCH W IRLANDII

2017 ◽  
Vol 8 (2) ◽  
pp. 243
Author(s):  
Bartosz Marcinkowski
Keyword(s):  
Data Protection ◽  
Rapid Development ◽  
Personal Data ◽  
Short Review ◽  
Personal Data Protection ◽  
Irish Data ◽  
The Republic ◽  
The Uk ◽  
Conclusion Section

Personal Data Protection in IrelandSummaryThe article is a short review of the personal data protection system in the Republic of Ireland. The review is made in the light of the Polish Data Protection Act of 1997 and Directive 95/46/EC (sections I and II).The introductory parts (sections I and II) include general remarks on the increasing importance and value of privacy and personal data. This increase results, among other things, from rapid development of the Internet and modern data processing and mining measures.Subsequently, in section III, the author discusses the constitutional environment of privacy and personal data protection rules in Ireland, as well as the role of court precedents and Directive 95/46/EC in this respect.Next part of the article (section IV) is dedicated to practical data protection issues identified and discussed by Irish authors, including specific exposures as well as differences between definitions in the Irish Data Protection Acts 1988-2003 and the UK Data Protection Act 1998, and influence of the latter (UK) Act on the Irish Data Protection Commissionaire’s decisionmaking process.Further comments (section V) focus on Data Protection Commissionaire’s rights and obligations (including in particular comments on the Data Protection Commissionaire’s free and friendly consultancy policy).The conclusion (section VI) briefly and synthetically summarizes similarities and differences between Irish and Polish personal data protection rules and practices, stressing issues requiring the European-wide common approach (e.g. in the fields of basic definitions or CCTV legal issues).Finally, the author observes that Polish authors’ reflections on personal data protection and the Polish practice are not inferior to the Irish ones even though Irish regulations have been in place for 10 years longer than the Polish ones.

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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