Porušení bezpečnosti osobních údajů v kontextu internetu věcí

2021 ◽  
Author(s):  
František Kasl
Keyword(s):  
Internet Of Things ◽  
Cyber Security ◽  
Personal Data ◽  
The United States ◽  
Legal Framework ◽  
Future Trend ◽  
Data Breach ◽  
Security Incident ◽  
Legal Frameworks ◽  
The Impact

The goal of this research was to assess, if the current legal framework of obligations related to personal data breach under GDPR are purposefully applicable also in the context of internet of things and if so, then which changes can help to overcome eventual discovered challenges or obstacles to it. This issue is studied from four perspectives. The introduction to the topic is from the cyber security perspective. The term personal data breach is defined and explained in relation to the term security incident. Next are presented possible forms of personal data breach, offered evidence for the scope and frequency of this phenomenon and outlined the future trend of its development. Pursuant to that the potential harm for individuals from personal data breach is explained. After that, the topic is approached from the legal perspective. Within it is presented a comprehensive analysis of the legal frameworks with obligations aimed at prevention or mitigation of personal data breach in the EU, as well as in the United States. These are then discussed with the aim to identify challenges and limits applicable to them. The next chapter introduces the impact of technological change of the context, which is defined by the term internet of things. The attention is focused on the new challenges, which are brought by it to personal data processing. The variety of situations, which fall under this term, is captured through three partial scenarios: automated machine-to-machines communication, smart city environment and change in the role of microenterprises. These views are completed with an economic perspective. This is used for modelling the decision-making of the obliged parties regarding their compliance with the obligations related to personal data breach. Subsequently, the presented perspectives are merged, the obtained findings regarding personal data breach in the context of internet of things are summarized and then the possible solutions for the discovered challenges of compliance with the respective obligations are discussed.

scholarly journals Republic of Korea

2020 ◽  
Vol 20 (280) ◽  
Author(s):  
Keyword(s):  
Transaction Costs ◽  
Market Structure ◽  
Technological Innovation ◽  
Financial Services ◽  
Personal Data ◽  
Financial Sector ◽  
Legal Framework ◽  
Legal Frameworks ◽  
Financial Transactions ◽  
The Impact

Technological innovation in Korea holds great potential for the deepening of its financial system, that could lead to an increase of product offerings and lowering of transaction costs. Korea’s financial sector legal framework, particularly the recently announced open banking initiative and anticipated amendments to the legal frameworks for electronic financial transactions and use of personal data, will play a key role in shaping the direction of innovation and competition in the financial sector. The already highly modernized and digitally connected state of the Korean financial sector will amplify the impact of these changes to market structure and competition. Korea’s fintech experience illustrates that even within an already highly technologically advanced, efficient, and inclusive financial sector, significant benefits can still be reaped from innovation in financial services.

Cybersecurity Information Sharing

2021 ◽  
pp. 313-327
Author(s):  
Stuart Murdoch
Keyword(s):  
Information Sharing ◽  
Cyber Security ◽  
The United States ◽  
Incident Reporting ◽  
The European Union ◽  
Security Incident ◽  
Industrial Base ◽  
London 2012 ◽  
The Uk ◽  
The Impact

This chapter considers the impact on cyber security of a shift from voluntary coordination to mandatory incident reporting. It traces the efforts to organize collaboration for cyber security incident response back to its voluntary beginnings with the establishment of CERT/CC by DARPA in response to the Morris Worm in 1988, via the establishment of ISACs then ISAOs under successive US presidents, to the CiSP in the UK following the London 2012 Olympics. Recognizing efforts to standardize and automate information sharing, the discussion touches on how information sharing has come to form the basis of national cyber strategies, forming a foundational element of internationally recognized maturity models for those strategies, and it goes on to consider the increasing move towards more mandatory incident reporting, especially in Critical National Infrastructure sectors across the globe, from the Defence Industrial Base in the United States to the NISD throughout the European Union. It considers the impact of mandating reporting on levels of collaboration overall, concluding that regulators must be careful not to create sector-specific silos or undermine existing levels of voluntary sharing through their enforcement of such mandatory schemes.

scholarly journals Organizacyjne i personalne ramy „globalnej wojny z terroryzmem” w świetle orzecznictwa sądów amerykańskich

Poliarchia ◽  
2019 ◽  
Vol 5 (9) ◽  
pp. 51-95
Author(s):  
Dariusz Stolicki
Keyword(s):  
Use Of Force ◽  
The United States ◽  
Legal Framework ◽  
Federal Courts ◽  
Military Force ◽  
Islamic State ◽  
Military Operations ◽  
Global War On Terror ◽  
Global War ◽  
The Impact

The Organizational and Personal Framework of the “Global War on Terror” in the Light of the Decisions of the United States Courts The article analyses the law of military detention applicable to the ongoing conflict with Al‑Qaeda and associated forces, to the extent that that law emerges from the jurisprudence of U.S. federal courts, and particularly of the D.C. Circuit. It discusses four major issues: the types of organizations against which military force can be used in accordance with the Congressional authorization, the range of persons subject to military detention in connection with such use of force (in terms of both legal categories and factual predicates), the scope of the battlefield on which the use of force is authorized, and the extent to which American citizens or foreigners lawfully present in the U.S. territory enjoy special immunity from military detention. The article concludes that the impact of the D.C. Circuit decisions on those questions extends beyond the issue of military detention, and provides the general legal framework applicable to other military operations directed against terrorist organizations in the Middle East, such as target strikes or the campagin against the self‑styled Islamic State.

Legal Protection of Children in Non-International Armed Conflicts in Nigeria

2021 ◽  
pp. 1-27
Author(s):  
Olaitan Oluwaseyi Olusegun
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Conflict Situations ◽  
Legal Frameworks ◽  
The Impact ◽  
Domestic Law

Abstract Armed conflicts are characterised by violence and human rights violations with various implications on the citizens, economy and development of nations. The impact is however more pronounced with life-long consequences on children, the most vulnerable members of the society. This article examines the impact of non-international armed conflicts on children in Nigeria and identifies the laws for the protection of children against armed conflicts, both in international law and Nigeria’s domestic law. It also addresses the challenges involved in the protection of children in armed conflict situations in Nigeria. The study found that legal efforts to protect children have not been given sufficient attention in Nigeria. This is mostly due to various challenges including the fragmentation of legal framework and the refusal to domesticate relevant treaties. It is thus recommended that these challenges be addressed through the implementation of effective legal frameworks.

scholarly journals Three Essays on Corporate Financial Constraints

2021 ◽  
Author(s):  
◽  
Kwabena Boasiako
Keyword(s):  
Credit Risk ◽  
Financial Markets ◽  
The United States ◽  
Data Breach ◽  
Data Breaches ◽  
The Third ◽  
Financial Deregulation ◽  
Disclosure Laws ◽  
The Impact ◽  
The U.S

<p><b>This thesis is composed of three self-contained empirical essays in corporate finance, with the first two exploring the financial policy and credit risk implications of data breaches, and the third examining whether financing influences the sensitivity of cash and investment to asset tangibility. In the first essay, we contribute to the growing debate on cybersecurity risks and how firms can insulate themselves, at least partially, from the adverse effects of data breach risks. Specifically, we examine the effects of data breach disclosure laws and the subsequent disclosure of data breaches on the cash policies of corporations in the United States (U.S.). Exploiting a series of natural experiments regarding staggered state-level data breach disclosure laws, we find that the passage of mandatory disclosure laws leads to an increase in cash holdings. Our finding suggests that mandatory data breach disclosure laws increase the ex ante risks related to data breaches, hence, firms hold on to more cash as a precautionary motive. Further, we find firms that suffer data breaches adjust their financial policies by holding more cash as well as decreasing external finance and investment.</b></p> <p>The second essay examines the impact of data breaches on firm credit risk. Using firm-level credit ratings and credit default swap (CDS) spreads to proxy for credit risk, we find that data breaches lead to increases in firm credit risk. Firms exposed to data breaches are more likely to experience credit rating downgrades and an increase in the CDS spread of traded bonds. Also, firms who suffer data breaches report lower sales and ROA, experience an increase in financial distress, and conditional on a data breach incident, the likelihood of a future data breach increases. Lastly, these effects are magnified for firms with low-interest coverage ratios.</p> <p>In the third essay, using the financial deregulation of seasoned equity issuance in the U.S. as an exogenous shock to access to equity markets, I investigate the influence of financing on the sensitivity of cash and investment to asset tangibility. I show that financing dampens the sensitivity of cash and investment to asset tangibility and promotes investment and firm growth. This provides evidence that public firms even in well-developed financial markets such as the U.S., benefit from financial deregulation that removes barriers to external equity financing, shedding light on the role of financial markets in fostering growth.</p>

scholarly journals Cyber Security, Challenges, Some Practical Solutions

2019 ◽  
pp. 79-87
Author(s):  
Y. V. Sai Bharadwaj ◽  
Sai Bhageerath Y. V ◽  
Y.V.S.S.S.V. Prasada Rao
Keyword(s):  
United States ◽  
Cyber Security ◽  
Identity Theft ◽  
The United States ◽  
Business Leaders ◽  
Security Threat ◽  
Data Breach ◽  
Financial Access ◽  
Data Breaches ◽  
Security Challenges

Cybercrime continues to surge without a slowdown in sight. The cyber security threat continues to worsen. In the first half of 2018, the number of cyber breaches soared over 140% from a year earlier, leading to 33 billion compromised data records worldwide. Cyber Security news such as Marriott hack in Nov 2018 is dominating headlines and becoming a serious headache for business leaders. Malicious outsiders sparked more than half of the 944 breaches and accounted for roughly 80% of stolen, compromised or lost records. Identity theft continues to lead data breach types, but financial access incidents are escalating in severity as well. The United States continues to be the favorite target, and data breaches at major US enterprises continue to grab the headlines. In 2018, the most notable breaches have occurred at Adidas, FedEx, Jason’s Deli, Macy’s, Under Armour, Nordstrom’s and the most popular Facebook. [1].

The Legal Framework for the Protection of Foreign Direct Investment in Ethiopia

2019 ◽  
pp. 741-762
Author(s):  
Won L. Kidane
Keyword(s):  
Foreign Direct Investment ◽  
Direct Investment ◽  
The United States ◽  
Legal Framework ◽  
International Investment ◽  
International Investment Law ◽  
Domestic Legislation ◽  
Investment Law ◽  
Enforcement Mechanisms ◽  
Legal Frameworks

Historically, Ethiopia’s near-perpetual independent existence has uniquely permitted latitude to shape policy and legal frameworks for the admission, protection, and management of foreign direct investment (FDI). The contemporary legal framework is a product of many external influences. International investment law principles have been part of Ethiopia’s investment law since 1903, when Ethiopia signed the Treaty of Amity and Commerce with the United States. This treaty contained some modern notions of international. Following military rule (1974–91), during which all domestic and international principles of fairness and equity were abrogated, Ethiopia attempted to build a new legal framework for the ordering of FDI. The existing framework is composed of evolving domestic legislation and an increasing number of international bilateral and regional investment treaties. This corpus of law is also equipped with institutional enforcement mechanisms. This chapter provides an overview and critique of existing rules and institutions.

Informed Options Trading Before Corporate Events

2020 ◽  
Vol 12 (1) ◽  
pp. 327-355
Author(s):  
Patrick Augustin ◽  
Marti G. Subrahmanyam
Keyword(s):  
Insider Trading ◽  
The United States ◽  
Legal Framework ◽  
Sufficient Evidence ◽  
Future Research ◽  
Credit Default ◽  
Options Trading ◽  
Derivatives Markets ◽  
Trading Networks ◽  
The Impact

There is sufficient evidence in the popular, legal, and financial literatures that informed options trading ahead of scheduled and unexpected corporate events is pervasive. In this review, we piece together the extant evidence on this topic into a cohesive picture, which includes abnormal activity ahead of announcements of earnings, mergers and acquisitions, as well as numerous other corporate events. We also discuss the more limited evidence on informed trading in other derivatives markets, such as credit default swaps. In addition, we characterize the impact and features of illegal insider trading and insider trading networks. We also provide a brief overview of the legal framework in the United States concerning legal and illegal insider trading to emphasize the challenges associated with identifying informed options trading. We end with our suggestions regarding future research opportunities in this broad topic.

Introduction to Research with Human Participants

2021 ◽  
Author(s):  
Carl H. Coleman
Keyword(s):  
The United States ◽  
Legal Framework ◽  
Human Cognition ◽  
The European Union ◽  
Medical Interventions ◽  
Policy Interventions ◽  
Investigational Drugs ◽  
Human Participants ◽  
And Behavior ◽  
The Impact

Research with human participants is conducted for a variety of reasons, including developing drugs, medical devices, or other medical interventions; understanding human cognition and behavior; and evaluating the impact of public policy interventions. It can provide enormous social benefits, but it also raises significant ethical dilemmas. These dilemmas stem from a tension that is inherent in the nature of the activity: the goal is to generate knowledge for the potential benefit of persons in the future, but achieving this goal often requires exposing individuals in the present to the possibility of harm. This tension is particularly pronounced in clinical trials involving investigational drugs, devices, or other medical interventions, where the risks of participation may be particularly significant. The chapter presents a brief sketch of the legal framework surrounding research with human participants in two important centers of research: the United States and the European Union.

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