scholarly journals Consent by GDPR vs. Blockchain

2020 ◽  
Vol 12 (1) ◽  
pp. 149-166
Author(s):  
Bruno Moslavac
Keyword(s):  
Comparative Method ◽  
Personal Data ◽  
Daily Lives ◽  
Personal Data Protection ◽  
Blockchain Technology ◽  
Explicit Consent ◽  
Data Processor ◽  
On Line ◽  
A Chain ◽  
The Right

The role of consent in personal data protection today is probably the first question for researches on how it impacts in our daily lives, ordinarily or on-line. This paper uses comparative method analyzes seemingly opposed essential parts of consent due to lawfulness of personal data processing versus inclusion of same data in a chain using blockchain technology, with the hypothesis that freewill public announcement of personal data substitute explicit consent for their processing. Finally, the author concludes that the principle of lawfulness stated by GDPR is not violated if the personal data processor using blockchain technology does not obtain consent for the processing of personal data, voluntarily put into the chain by another subject in the same “chain” and the “right to be forgotten” isn’t absolute right.

Digital Copyright Enforcement

2013 ◽  
pp. 1269-1282
Author(s):  
Pedro Pina
Keyword(s):  
Personal Data ◽  
Electronic Communications ◽  
Digital Copyright ◽  
Personal Data Protection ◽  
P2p Systems ◽  
Protection Legislation ◽  
On Line ◽  
The Right ◽  
Copyright Enforcement ◽  
Fundamental Values

Copyright and privacy are two fundamental values for a democratic society, since both enhance the development of each individual’s personality. Nevertheless, in cyberspace, copyright enforcement and the right to informational self determination have become two clashing realities. In fact, with the arrival of digital technology, especially the Internet, rightholders, facing massive on-line copyright infringements, mainly by file-sharers on peer-to-peer (P2P) systems, started developing more and more intrusive new enforcement strategies in electronic communications as a means to identify the infringers and the committed infractions. The goal of the present paper is to study, in a context where massive unauthorized uses of copyrighted works is an undeniable reality, how the boundaries between what is public or private become fainter, whether the use of tracking software is consistent with personal data protection legislation, and whether it is possible to reconcile these two human rights.

Digital Copyright Enforcement

2011 ◽  
pp. 241-254 ◽  
Author(s):  
Pedro Pina
Keyword(s):  
Personal Data ◽  
Electronic Communications ◽  
Digital Copyright ◽  
Personal Data Protection ◽  
P2p Systems ◽  
Protection Legislation ◽  
On Line ◽  
The Right ◽  
Copyright Enforcement ◽  
Fundamental Values

Copyright and privacy are two fundamental values for a democratic society, since both enhance the development of each individual’s personality. Nevertheless, in cyberspace, copyright enforcement and the right to informational self determination have become two clashing realities. In fact, with the arrival of digital technology, especially the Internet, rightholders, facing massive on-line copyright infringements, mainly by file-sharers on peer-to-peer (P2P) systems, started developing more and more intrusive new enforcement strategies in electronic communications as a means to identify the infringers and the committed infractions. The goal of the present paper is to study, in a context where massive unauthorized uses of copyrighted works is an undeniable reality, how the boundaries between what is public or private become fainter, whether the use of tracking software is consistent with personal data protection legislation, and whether it is possible to reconcile these two human rights.

scholarly journals REFORMS IN THE COMMUNICATIONS MONITORING SYSTEM AS A PRECONDITION FOR EFFECTIVE HUMAN RIGHTS PROTECTION

2019 ◽  
Vol 31 (5) ◽  
pp. 1509-1514
Author(s):  
Biljana Karovska-Andonovska ◽  
Zoran Jovanovski
Keyword(s):  
Monitoring System ◽  
A Priori ◽  
Personal Data ◽  
The Other ◽  
Right To Privacy ◽  
Human Rights Protection ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Right ◽  
And Control

The reforms in the communications monitoring system as part of the wider reform of the security services in the Republic of Macedonia, resulted with creation of a package of several laws whose adoption was supposed to provide the legislative basis for a system that would really work in accordance with the goals for which it was established. The communications monitoring system should provide a balanced protection of the right to security, on the one hand, and the right to privacy, on the other. Only on that way a priori primacy of the right to security over the right to privacy will it be disabled. Hence, the reforms in communications monitoring system are a precondition for the effective protection, primarily for the right to privacy and the secrecy of communications, but also for the right to personal data protection, the inviolability of the home as well as for the right to presumption of innocence. It is a complex and delicate matter where opening of a real debate through which the present deficiencies will be perceived in order to create an appropriate legal solutions was very important. However, the new Law on Interception of Communications as the most important in this area, retained a certain part of the provisions that were debatable in the previous legal solutions. The provisions regarding the model for interception of communications, which stipulates the establishment of a separate agency that mediates between the operators and the authorized bodies for interception of communications, were questionable as well. Also, new measures for monitoring communications in the interest of security and defense, as well as the provisions which regulate the disposition and delivery of metadata for security and defense, are also debatable. On the other side, the reform laws made an evident progress in a positive sense through the provisions for oversight and control over the interception of communications. With these changes, certain debatable elements have been overcome, especially those that have hindered it so far, and in some cases completely paralyzed the oversight and control over the monitoring of communications. In this paper we analyzed the debatable elements in the reform package of laws on interception of communications as well as some positive aspects contained in the provisions of the reform laws.

scholarly journals The scope of competition law in the digital economy

Pravovedenie ◽  
2019 ◽  
Vol 63 (4) ◽  
pp. 522-572
Author(s):  
Ioannis Lianos ◽  
◽  
Zingales Nicolo ◽  
Andrew McLean ◽  
Azza Raslan ◽  
...  
Keyword(s):  
Personal Data ◽  
Competition Law ◽  
Digital Economy ◽  
Competition Authority ◽  
Digital Platforms ◽  
Brics Countries ◽  
Explicit Consent ◽  
Data Portability ◽  
The Right ◽  
Interim Measures

The article reveals new problems arising in the digital economy and the need for antimonopoly regulation. It also analyzes the legal remedies and procedures for competition law in the context of digitalization. Redesigning competition law procedures for the digital economy can take two forms: 1) ensure the rate of competition law enforcement so as to avoid acting in situations when market tipping has already occurred and it is almost impossible to reverse the anticompetitive outcome; 2) develop remedial action that takes into account the scale of anticompetitive behavior, which might better reflect the complexity of digital markets. Competition authorities should consider utilizing interim measures and commitment decisions in the digital economy, both instruments playing a complementary role. Interim measures can be used within a revised framework with lower thresholds, but this should only be reserved for complicated and lengthy investigations where there is risk of irreversible harm to competition. These measures should be applied to the most harmful violations, such as cartels and abuse of dominance. Commitment decisions can be utilized to address less serious violations where it is also beneficial to the competition authority to reach a swift resolution. The article analyzes the division of companies as a way to eliminate violations. Division can take different forms and need not be structural. A certain ‘light-touch’ separation may be achieved by policies mandating that digital platforms not use personal data that has been harvested by the members of their ecosystems unless they have the explicit consent of their users. The article also addresses issues such as data portability and cross-platform compatibility. The authors have proved that the BRICS countries need to supplement their national legislation on the protection of personal data in terms of norms on their portability. Although it is not mainly designed as a tool to combat monopolies and market power, data portability will have a significant impact on competition in digital markets. Multisided digital platforms are characterized by a high network and lock-in effects. In a winner takes all, or most, where undertakings compete for the market rather than in the market, the right to data portability may provide some relief from the power that large digital platforms hold.

scholarly journals Personas datu aizsardzības mērķis un tiesiskā regulējuma vēsturiskā attīstība

2019 ◽  
Vol 1 (13) ◽  
pp. 104-109
Author(s):  
Agnese Reine-Vītiņa
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
European Countries ◽  
Population Census ◽  
Federal Republic Of Germany ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Government ◽  
The Right

Mūsdienās tiesības uz privāto dzīvi nepieciešamas ikvienā demokrātiskā sabiedrībā, un šo tiesību iekļaušana konstitūcijā juridiski garantē fiziskas personas rīcības brīvību un vienlaikus arī citu – valsts pamatlikumā noteikto – cilvēka tiesību īstenošanu [5]. Personas datu aizsardzības institūts tika izveidots, izpratnes par tiesību uz personas privātās dzīves neaizskaramību saturu paplašinot 20. gadsimta 70. gados, kad vairāku Eiropas valstu valdības uzsāka informācijas apstrādes projektus, piemēram, tautas skaitīšanu u. c. Informācijas tehnoloģiju attīstība ļāva arvien vairāk informācijas par personām glabāt un apstrādāt elektroniski. Viena no tiesību problēmām bija informācijas vākšana par fizisku personu un tiesību uz privātās dzīves neaizskaramību ievērošana. Lai nodrošinātu privātās dzīves aizsardzību, atsevišķas Eiropas valstis pēc savas iniciatīvas pieņēma likumus par datu aizsardzību. Pirmie likumi par personas datu aizsardzību Eiropā tika pieņemti Vācijas Federatīvajā Republikā, tad Zviedrijā (1973), Norvēģijā (1978) un citur [8, 10]. Ne visas valstis pieņēma likumus par datu aizsardzību vienlaikus, tāpēc Eiropas Padome nolēma izstrādāt konvenciju, lai unificētu datu aizsardzības noteikumus un principus. Nowadays, the right to privacy is indispensable in every democratic society and inclusion of such rights in the constitution, guarantees legally freedom of action of a natural person and, simultaneously, implementation of other human rights established in the fundamental law of the state. The institute of personal data protection was established by expanding the understanding of the content of the right to privacy in the 70’s of the 19th century, when the government of several European countries initiated information processing projects, such as population census etc. For the development of information technology, more and more information on persons was kept and processed in electronic form. One of the legal problems was gathering of information on natural persons and the right to privacy. In order to ensure the protection of privacy, separate European countries, on their own initiative, established a law on data protection. The first laws on the protection of personal data in Europe were established in the Federal Republic of Germany, then in Sweden (1973), Norway (1978) and elsewhere. Not all countries adopted laws on data protection at the same time, so the Council of Europe decided to elaborate a convention to unify data protection rules and principles.

Towards Indonesia’s integrated broadcast-broadband implementation policy: A comparative analysis of Singapore, Japan and Malaysia

2021 ◽  
Vol 00 (00) ◽  
pp. 1-19
Author(s):  
Diah Yuniarti ◽  
Sri Ariyanti
Keyword(s):  
Data Privacy ◽  
Comparative Method ◽  
Personal Data ◽  
Personal Data Protection ◽  
User Data ◽  
Implementation Policy ◽  
Digital Terrestrial Television ◽  
The Government ◽  
Broadcast Programme ◽  
Over The Top

This study aims to provide recommendations to the government on regulating licence, content and data privacy and protection for integrated broadcast-broadband (IBB) operations in Indonesia, by referencing Singapore, Japan and Malaysia as case studies, considering the need for umbrella regulations for IBB implementation. Singapore and Japan were chosen as countries that have deployed IBB since they have been using hybrid broadcast broadband television (HbbTV) and Hybridcast standards, respectively. Malaysia was chosen because it is a neighbouring country that has conducted trials of the IBB service, bundled with its digital terrestrial television (DTT) service. The qualitative data are analysed using a comparative method. The results show that Indonesia needs to immediately revise its existing Broadcasting Law to accommodate DTT implementation, which is the basis for IBB and the expansion of the broadcaster’s TV business. Learning from Singapore, Indonesia could include over-the-top (OTT) content in its ‘Broadcast Behaviour Guidelines’ and ‘Broadcast Programme Standards’. Data privacy and protection requirements for each entity involved in the IBB ecosystem are necessary due to the vulnerability of IBB service user data leakage. In light of this, the ratification of the personal data protection law, as a legal umbrella, needs to be accelerated.

Personal Data Protection in Digital Libraries

2011 ◽  
pp. 413-429
Author(s):  
Ioannis Iglezakis
Keyword(s):  
Data Protection ◽  
Digital Libraries ◽  
Personal Data ◽  
Personal Data Protection ◽  
Privacy Threats ◽  
The Right To Privacy ◽  
Library Users ◽  
Personally Identifiable Information ◽  
The Us ◽  
The Right

Digital libraries provide many advantages compared with traditional libraries, such as wide and round the clock availability of resources, lack of physical boundaries, etc. However, the disclosure of personally identifiable information in the course of processing activities may lead to an invasion of privacy of library users, without their being aware of it. In fact, privacy threats are increased in the digital environment, in which digital libraries operate. The right to privacy in the library is “the right to open inquiry without having the subject of one’s interest examined or scrutinized by others” (ALA, 2005). Users of digital libraries have similar privacy expectations when making use of their services. The issues concerning the privacy of digital libraries’ patrons are thus addressed in comparative perspective, in this chapter. In more particular, the legal regulations with regard to data protection in digital libraries in the EU and the US are presented. The comparative analysis of the two legal orders shows differences and similarities, but also highlights loopholes of protection.

Georgian Administrative Law

2020 ◽  
pp. 707-722
Author(s):  
Tamar Gvaramadze
Keyword(s):  
Personal Data ◽  
Administrative Law ◽  
Council Of Europe ◽  
Legal Reforms ◽  
Personal Data Protection ◽  
Western Values ◽  
Fair Hearing ◽  
Administrative Proceedings ◽  
The Right ◽  
The Impact

This chapter discusses the impact of the pan-European principles of good administration on Georgian administrative law. It shows that the legal reforms and modern administrative legislation that started in Georgia in the 1990s were mostly influenced, and directed by, Western values and European principles, including core provisions of the Council of Europe. This influence has manifested itself, among other things, in the Georgian legislator giving constitutional importance to the right to a fair hearing in administrative proceedings and underlining the importance of good administration. Moreover, special parts of administrative law, such as regulation of local self-governance and personal data protection, have also not been immune to this influence, which has been strengthened by the progressive approach undertaken by Georgian courts.

scholarly journals Applicable Law to Transnational Personal Data: Trends and Dynamics

2020 ◽  
Vol 21 (6) ◽  
pp. 1283-1308
Author(s):  
Jie (Jeanne) Huang
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Chinese Media ◽  
Applicable Law ◽  
Personal Data Protection ◽  
Regional Coordination ◽  
The Law ◽  
Model Law ◽  
The Right ◽  
The Eu

AbstractThe recent COVID-19 outbreak has pushed the tension of protecting personal data in a transnational context to an apex. Using a real case where the personal data of an international traveler was illegally released by Chinese media, this Article identifies three trends that have emerged at each stage of conflict-of-laws analysis for lex causae: (1) The EU, the US, and China characterize the right to personal data differently; (2) the spread-out unilateral applicable law approach comes from the fact that all three jurisdictions either consider the law for personal data protection as a mandatory law or adopt connecting factors leading to the law of the forum; and (3) the EU and China strongly advocate deAmericanization of substantive data protection laws. The trends and their dynamics provide valuable implications for developing the choice of laws for transnational personal data. First, this finding informs parties that jurisdiction is a predominant issue in data breach cases because courts and regulators would apply the law of the forum. Second, currently, there is no international treaty or model law on choice-of-law issues for transnational personal data. International harmonization efforts will be a long and difficult journey considering how the trends demonstrate not only the states’ irreconcilable interests but also how states may consider these interests as their fundamental values that they do not want to trade off. Therefore, for states and international organizations, a feasible priority is to achieve regional coordination or interoperation among states with similar values on personal data protection.

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