scholarly journals Identity theft as a result of breach of personal data protection in the light of the GDPR, criminal laws and other legal regulations in the era of increasing cybercrime

Probacja ◽  
2020 ◽  
Vol 4 ◽  
pp. 11-20
Author(s):  
Erwin Ryter

This paper is aimed to draw attention to the widespread problem of identity theft in virtual space as a result of increasing technological progress and the increasingly significant involvement of society in cyberspace, which has become an area not only of culture and entertainment, but also work space, as well as the space for ordinary daily activities where flow, disclosure and deliberate or unintentional transfer of personal data take place – unfortunately, often without any precautions. The multitude and diversity of both guidelines and other legal regulations suggest that the field of personal data protection and cyberspace security is highly evolving and deserves special attention in a time of intensive implementation of IT solutions; this field requires the highest possible degree of adaptation. Importantly, drawing attention to the path of identity theft, most often initiated by a simple human error or negligence, leads to the conclusion that raising awareness in this area is crucial and that as much attention as possible should be devoted to this issue.

2021 ◽  
Vol 12 (1) ◽  
pp. 261-268
Author(s):  
Angel Manchev ◽  

The protection of personal data is one of the core values of modern European societies. This protection is provided by the law of the European Union and by the national legislations of the Member States, to which the Republic of Bulgaria also belongs. As of May 25, 2018, the protection of personal data is being expanded and updated in response to technological progress and the increasingly accelerated data exchange. The reason for this is the entry into force of Regulation (EU ) 2016/679 (General Data Protection Regulation, GDPR) and the changes in our national law that it imposes. In the sense of what has been said so far, the issues of personal data protection in children’s institutions are especially relevant, because these organizations actively handle personal data at any level of children, parents, teachers and staff. In this article, we will try to give short answers to some of the most important questions regarding personal data and the rules for their protection, according to European and Bulgarian legislation.


2019 ◽  
Vol 2 (1) ◽  
pp. 116-120
Author(s):  
Elvira Dervišbegović ◽  

The paper deals with the topic of collision between legal regulations on the protection of personal data and the legal regulations on archival work. The legal regulation applied by the Personal Data Protection Agency in Bosnia and Herzegovina often conflicts with the legislation that regulates archival work and lays down retention periods in the Records Schedule for given documentation. Due to this lack of uniformity of regulations, Archives has often been faced with requests for destroying the kind of records which have to be permanently retained. The paper also proposes possible solutions for overcoming this problem by both protecting the rights of individuals and remaining consistent to archival legislation.


2021 ◽  
Vol 7 (2) ◽  
pp. 1-9
Author(s):  
Małgorzata Chojara-Sobiecka ◽  
Piotr Kroczek

Human-related issues are the objected personalism. One of the current problems contemporarily recognized and widely known is data protection. The article aims to present a mutual connection between legal regulations of data protection, taking under consideration GDPR, and personalism. The conclusion is that there are many elements in legal regulations that justify the conviction that the protection of personal data can be seen as an expression of personalism.


Author(s):  
Ella Gorian

The object of this research is the legal relations that emerge in the context of implementation of measures for ensuring cybersecurity. Characteristic is given to the provisions of the normative legal acts of Thailand in the sphere of cybersecurity. The article author explores the peculiarities of such policy and regulatory documents as Thai National Cybersecurity Strategy for 2017–2021, Policy and Plan for National Security (2019–2022), Cyber Crime Act of 2007 (revised in 2017), Criminal Code of 1956 (revised in 2019), Personal Data Protection Act of 2017, and Cybersecurity Act of 2019. The author reveals the peculiarities of normative legal mechanism for ensuring cyberspace security in Thailand. In its policy documents, Thailand does not determine the major information threats in domestic and foreign spheres or the priorities in the development of cybersecurity system, but rather outlines the range of national interests and sets the tasks may propel it to the regional leadership. The laws are elaborated with consideration of the latest trends in the sphere of information technologies,, and include in the scope of regulation such questions as the protection of personal data, computer and information systems, and critical information infrastructure. The vertical framework of state administration and monitoring, as well as the range of powers of the competent bodies are established on the legislative level. In the sphere of protection of personal data, Thai legislation extensively duplicates the provisions of the General Data Protection Regulation of the European Union. A distinctive feature of the normative legal acts consists in legal substantiation of restriction of human rights and freedoms in the context of implementation of such provisions.


2020 ◽  
pp. 3-8
Author(s):  
А.А. Vasilev ◽  
V.V. Mukhopad

All spheres of society are being computerized and robotized. Legislation and the application of law areno exception. This phenomenon has been developing abroad for a long time. It has acquired its own stablename — “legal tech”. However, it is not easy to implement this idea. The introduction of a procedure for“digital identification” of people to record their presence on the site is inevitable. Otherwise, the user remainsunauthorized, which means “invisible” to other users. This makes it impossible to conclude contracts on theInternet.The article describes the problem of theft of personal data of citizens via the Internet, which is called“identity theft”in legal science. The analysis of preventive measures in different countries is carried out.The authors consider the theories of personal data protection and propose measures to improve the legal framework. This category is considered as the “right to be forgotten” and the possibility of its implementationin Russian reality. We offer solutions to the gap aspects of personal data protection.


2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura

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.


Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich

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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