New rules for the collection and protection of personal data by police services

2019 ◽  
Vol 2 (XIX) ◽  
pp. 179-192
Author(s):  
Tomasz Miłkowski
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Police Services ◽  
Access To Data ◽  
Erroneous Data

The article refers to the basic issues related to the entry into force the act of 14th of December 2018 on the protection of personal data processed regarding to the prevention and combating of crime. Due this act chiefs of the police services (administrators) are forced into increase the level of data protection collected by their forces. Also the act is obligated them to increase the scope and possibilities of access to data by persons which are subjects of it. What’s more, they have the option of initiating the procedure to correct or delete erroneous data. This possibility is a result not only the EU’s Directive 2016/680 but primarily it is fulfillment of the obligation arising from art. 51 of the Polish Constitution.

scholarly journals Best Practice of the Court of the EU in Ensuring the Principles of the Personal Data Protection

2019 ◽  
Author(s):  
Iryna Yavorska ◽  
Ivan Bratsuk
Keyword(s):  
Data Protection ◽  
Best Practice ◽  
Personal Data ◽  
Human Right ◽  
Personal Data Protection ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Access To Data ◽  
The Eu

Research of the decisions of the European Court of Justice and of the European Court of Human Right is crucial in the process of approximation of Ukrainian legislation to the EU Law. This article subjects to analysis certain decisions of the Court of Justice of the EU in the area of Personal Data Protection, in particular, the main principles of protection. Court of Justice of the EU forms its decisions on Personal Data Protection in the format of conclusions, provided by the Court in response to the pre-judicial requests from national courts in relation to enquiries from citizens on legality of processing of their personal data, on terms of response to such enquiries, on terms of access by citizens to information which is considered Personal Data, on ensuring security of keeping Personal Data, on restrictions in collecting data, on the provisions in the national law on independence of bodies responsible for collecting and storing personal data. These conclusions of the Court of Justice of the EU aim to prevent violations of the protection of personal data or of its security, which could lead to accidental or illegal destruction, loss, change, unauthorised access to data. It should be noted that the term Personal Data covers not only the private sphere of citizens but also their professional or civic activity. Key words: personal data; EU; Court of Justice of the EU; EU principles of Personal Data Protection.

scholarly journals TECHNICAL AND LEGAL ASPECTS OF DATABASE'S SECURITY IN THE LIGHT OF IMPLEMENTATION OF GENERAL DATA PROTECTION REGULATION

2018 ◽  
Vol 6 ◽  
pp. 1056-1061
Author(s):  
Paweł Drąg ◽  
Mateusz Szymura
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Aspects ◽  
General Data Protection Regulation ◽  
Generic Data ◽  
General Data ◽  
Access To Data ◽  
Modern Era ◽  
Technical Framework ◽  
The Eu

In the modern era, information is not only a valuable commodity, but also a potential source of threat, especially when it comes to personal data. The implementation of the General Data Protection Regulation seeks to unify regulations and safeguards in a same manner across the EU. The following paper surveys how the legal aspects of GDPR influence the existing technical framework of databases containing personal data. In this research we want to show if the already existing technical infrastructure and safeguards implemented in databases containing personal data are sufficient and if not, if implementing new ways of protecting of data will require creating entire new system of databases or only changing of existing framework. Therefore, we combine an analysis of legal texts with a technical analysis of existing and newly implemented safeguards. While the GDPR doesn’t answer what safeguards should be implemented (in the spirit of technological neutrality), the notion of pseudonymisation of the data is strongly advocated through the Regulation. In our paper we tried to show the algorithm, which create a pseudonymisation function that can change personal data into generic data with the possibility to reverse that process ad utilise data after de-pseudonymisation. Implementing safeguards based on the following function create a more safe environment for data safekeeping, while give nearly immediate access to data for authorised person, who can reverse pseudonymisation and transform generic data once more into personal data.

scholarly journals A proteção de dados pessoais nos programas de Nota Fiscal: um estudo de caso do “Nota Fiscal paulista” | Protection of personal data in programs for tax-evasion prevention by collecting invoices: the case of São Paulo

2016 ◽  
Vol 12 (2) ◽  
Author(s):  
Jorge Machado ◽  
Bruno Ricardo Bioni
Keyword(s):  
Data Storage ◽  
Data Protection ◽  
Tax Evasion ◽  
Storage Time ◽  
Personal Data ◽  
Sao Paulo ◽  
São Paulo ◽  
Access To Data ◽  
Time Information

RESUMO O objetivo deste trabalho é fazer um mapeamento das políticas de proteção dos dados pessoais nos programas de nota fiscal de 12 estados da federação. Tal levantamento foi feito pro meio da análise de transparência ativa, ou seja, com base nas informações que são publicadas proativamente pelas Secretarias Estaduais da Fazenda  por intermédio dos portais do programa. Esperava-se, com isso, desvendar como os dados coletados pelo programa seriam utilizados e com quem eles seriam eventualmente compartilhados; quais os padrões de segurança para a proteção da informação; qual o período de armazenamento, bem como se haveria algum diretriz para o seu “descarte”; como o cidadão teria assegurado o direito de exercer algum tipo de controle sobre seus dados, em especial no que se refere ao direito de  deletá-los. Por fim, como estudo de caso, foi analisado mais detidamente o Programa Nota Fiscal Paulista, cuja participação é obrigatória para os estabelecimentos comerciais localizados no estado de São Paulo.Palavras-chave: Nota Fiscal Paulista; Proteção de Dados; Privacidade.ABSTRACT The aim of this paper is to build a picture of privacy protection in programs that collect invoices to prevent tax evasion. The survey is done by analyzing the active transparency –published in a proactive way by the State Department of Finance – on the program's  home-page. This survey includes information regarding data protection policy, how the information is used, who has access to data, data storage time, information shared with third parties, cooperation with other authorities and the possibility of the consumer deleting his/her data. As a case study, we will analyze the Program Nota Fiscal Paulista, compulsory for outlets located in São Paulo State.Keywords: Data Protection; Privacy; Tax Evasion: Nota Fiscal Paulista.

scholarly journals Tokenized Ecosystem of Personal Data — Exemplified on the Context of the Smart City

2017 ◽  
Vol 9 (2) ◽  
pp. 110-133 ◽  
Author(s):  
Jan Thomas Frecè ◽  
Thomas Selzam
Keyword(s):  
Data Protection ◽  
Smart City ◽  
Smart Cities ◽  
Personal Data ◽  
Privacy Preserving ◽  
Data Sources ◽  
Data Driven ◽  
Access To Data

Data driven businesses, services, and even smart cities of tomorrow depend on access to data not only from machines, but also personal data of consumers, clients, citizens. Sustain-able utilization of such data must base on legal compliancy, ethical soundness, and consent. Data subjects nowadays largely lack empowerment over utilization and monetization of their personal data. To change this, we propose a tokenized ecosystem of personal data (TokPD), combining anonymization, referencing, encryption, decentralization, and functional layering to establish a privacy preserving solution for processing of personal data. This tokenized ecosys-tem is a more generalized variant of the smart city ecosystem described in the preceding publi-cation "Smart Cities of Self-Determined Data Subjects" (Frecè & Selzam 2017) with focus to-wards further options of decentralization. We use the example of a smart city to demonstrate, how TokPD ensures the data subjects’ privacy, grants the smart city access to a high number of new data sources, and simultaneously handles the user-consent to ensure compliance with mod-ern data protection regulation.

scholarly journals Governance of collection, use and storage of RWD in the view of data protection concerns

2019 ◽  
Vol 29 (Supplement_4) ◽  
Author(s):  
M Shabani
Keyword(s):  
Data Collection ◽  
Data Protection ◽  
Human Subjects ◽  
Personal Data ◽  
Privacy Rights ◽  
Human Subjects Research ◽  
Personal Data Protection ◽  
Duration Of Storage ◽  
General Data ◽  
Access To Data

Abstract Issue/problem Collection, storage and sharing RWD raise concerns regarding the privacy, data protection and governance of access. To date, the concerns related to consent and adequate safeguards for data protection in conventional research and health care settings are being discussed in details in the literature. However, collection of RWD from individuals fuels questions regarding the applicability of the regulations for human subjects’ research and personal data protection. Description of the problem The data collected in the framework of RWD need to be protected in line with the overarching principles of human subjects research and personal data protection regulations such as the EU General Data Protection Regulations (GDPR). In particular, the purposes of data collection, potential further uses, duration of storage of data and the authorized users’ access to data should be managed in compliance with applicable data protection regulations. In addition, the adequate models for de-identifications of data should be used in compliance with the applicable data protection regulations. Ethical oversight on the process of data collection, storage and use should also be scrutinized. Effects/changes In order to respect the privacy rights of the patients, it is essential to first identify the potential risks and assess the adequacy of the existing safeguards in protecting the privacy of the patients. Lessons The effectiveness of the current access governance in the context of RWD should be assessed and the required safeguards to be proposed.

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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