scholarly journals Legal regulation of personal data protection and its control by the state in China

2020 ◽  
pp. 1-9
Author(s):  
Do Lin'
Keyword(s):  
Interest Rates ◽  
Data Protection ◽  
Social Life ◽  
High Speed ◽  
System Analysis ◽  
Personal Data ◽  
Legal Regulation ◽  
The State ◽  
Score System ◽  
Personal Data Protection

This article examines the Chinese normative acts that regulate personal data protection. The author reviews the questions of restrictions pertaining to personal life due to introduction of social score system. Analysis is conducted on the “system of social rating” (“social credit”) formed on the basis of government services. The article presents the examples of civil right restrictions due to low rating in the sphere of employment, public housing, reception of subsidies, basic social benefits, and loans at low interest rates. The practice of “social condemnation”, when the short clips are shown before the main film in a movie theatre naming local people who have failed to pay off debt. The conclusion is made that the social score system controls activity of a person in all spheres of social life – from business to family relations, from credit default to violation of traffic rules. The author notes that biggest unfairness of this system pertains to the citizens who buy videogames, spent long time in social network, spread fake news, which leads to restriction of high-speed Internet. It is also underlines that there is virtually no legal framework for implementation of such system or legal acts that regulate the score system, and the corresponding “guiding recommendations” of the State Council of the People’s Republic of China contain pretty vague formulations.

scholarly journals Personality information culture: essence and content

2021 ◽  
pp. 159-166
Author(s):  
N. UKHANOVA
Keyword(s):  
Data Protection ◽  
Personal Information ◽  
Personal Data ◽  
Legal Regulation ◽  
The State ◽  
Learning System ◽  
Information Culture ◽  
External Interference ◽  
Personal Data Protection ◽  
Stage Of Development

The article deals with the study of the essence and features of the information culture of an individual and clarification of its role in the field of legal regulation of public relations in the state. The methodology of research of the phenomenon of personal information culture is based on provisions of the general scientific dialectical method of scientific knowledge. Besides, formal legal and formal logical methods were applied for full and thorough coverage of the topic of this article. It is substantiated that the development of such a culture in the modern period is mainly influenced by internal factors (including observance of the principle of legality, the rule of law, and protection of human rights), and external threats to human and civil security within the state. It is proved that information culture in the narrow sense can be interpreted as the best ways to exchange data, information and present them to interested ©  Уханова Н.С., 2021 consumers to solve theoretical and practical problems, as well as mechanisms to improve the learning system, prepare people for effective use of information. The main elements of information culture include the following: a) communicative (communication culture); b) lexical (culture of preparing and issuing business documentation, language culture); c) intellectual (culture of research and mental activity); d) information and legal; worldview and moral. All these elements of the personal information culture are interconnected and interdependent. It is concluded that the topic of personal data protection, which has reached a new level, has become especially relevant at the present stage of development of the information society. It is argued that a promising mechanism for personal data protection in the information sphere will be the use of Blockchain technologies, which will ensure reliable synchronization and security of data, prevent them from changing as a result of external interference. It is proposed to interpret the information culture of an individual as a reflection of a set of material and intellectual values of man, which allow to effectively apply various methods of working with information, including being a participant in information relations. A promising study in the field of information culture of an individual will be the development of the structure of this category and its relationship with other legal categories of information law. A particularly important issue that will require legal regulation will be the field and technology of using artificial intelligence as a phenomenon that will not only help to make a quantum leap in medicine, science, education, but also carries great security risks.

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.

scholarly journals The State Archives of the Republic of Macedonia: Use of Archival Material and Data Protection Pursuant to the Law on Personal Data Protection and the General Data Protection Regulation

Atlanti ◽  
2018 ◽  
Vol 28 (2) ◽  
pp. 91-98
Author(s):  
Svetlana Usprcova
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
The State ◽  
General Data Protection Regulation ◽  
Archival Material ◽  
Personal Data Protection ◽  
Republic Of Macedonia ◽  
Other Information ◽  
The Republic ◽  
State Archives

The aim of this paper is to explain the position of the State Archives of the Republic of Macedonia as guardian of the archival material, which is a subject of use for scientific, academic, administrative, public, publishing, exhibition and other purposes. In the process of use of the archival material, the archivists must be very careful in order to protect confidential, sensitive, legal and other information contained in the archival material, and take some measures in relation to the personal data protection. Herein, the author, also talks about the current Law on personal data protection and the harmonisation of the national law with the European legislation.

scholarly journals LEGAL CONSTRUCTION AND IMPLICATIONS RELATED TO PROTECTION OF MAKING SEX TAPE WITH A COUPLE

2021 ◽  
Vol 14 (2) ◽  
pp. 139-148
Author(s):  
Mriya Afifah Furqania ◽  
Tomy Michael
Keyword(s):  
Data Protection ◽  
Government Regulation ◽  
Personal Data ◽  
The State ◽  
Human Being ◽  
Privacy Rights ◽  
Information Communication ◽  
Personal Data Protection ◽  
The Government ◽  
Video Makers

This study aims to analyze the Indonesian laws and regulations concerning the protection of intimate video makers. The research was conducted by analyzing the Pornography Law, the Information and Electronic Transaction Law, the Government Regulation on the Implementation of Electronic Transaction Systems, and the Regulation of the Minister of Information Communication on Personal Data Protection. This research found that data/documents that are made for oneself and for their own interests which are not prohibited by law and included to one of the privacy rights that must be protected by every human being and by the state. The making of this intimate video is included in the privacy rights to enjoy life and should not be contested. Activities contained in the video can range from holding hands, hugging, kissing to having sex with consent. Therefore, if there are those who oppose rights such as acquisition and distribution without consent, the owner of the personal data can file a lawsuit for damages and have a right to erase their electronic documents.Keywords: intimate video; protection; sexual lawAbstrakPenelitian ini bertujuan untuk menganalisis peraturan perundang-undangan Indonesia yang memuat tentang perlindungan terhadap pembuat video mesra. Penelitian dilakukan dengan menganalisis Undang-Undang Pornografi, Undang-Undang Informasi dan Transaksi Elektronik, Peraturan Pemerintah tentang Penyelenggaraan Sistem Transaksi Elektronik serta Peraturan Menteri Komunikasi dan Informasi tentang Perlindungan Data Pribadi. Penelitian ini menemukan bahwa data/dokumen yang dibuat untuk diri sendiri dan kepentingan sendiri bukanlah hal yang dilarang oleh undang-undang dan justru harus dilindungi baik oleh tiap manusia maupun negara. Pembuatan video mesra ini termasuk dalam hak pribadi untuk menikmati hidup dan tidak boleh diganggu gugat. Aktivitas yang termuat dalam video tersebut bisa dari bergandengan tangan, berpelukan, berciuman hingga berhubungan badan yang dilakukan atas persetujuan. Oleh sebab itu jika terdapat pelanggaran terhadap hak seperti perolehan dan penyebarluasan tanpa persetujuan, pemilik data pribadi dapat mengajukan gugatan kerugian dan mengajukan permohonan untuk menghapus data tersebut.

scholarly journals On the Legal Consequences of Brexit (on the example of personal data protection)

2021 ◽  
Vol 105 (5) ◽  
pp. 45-55
Author(s):  
Mark Entin ◽  
◽  
Dmitriy Galushko ◽  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The European Union ◽  
Cooperation Agreement ◽  
National Regulation ◽  
Personal Data Protection ◽  
Legal Consequences

The article explores the legal consequences of the UK's withdrawal from the European Union. The scope of personal data protection was taken as an example. The purpose of the article is to study and analyze the legal aspects of the termination of the UK's membership in the European Union, its impact on the cross-border transfer of personal data between the parties, as well as the development of legal regulation in this area. The article shows that, despite the signing of the Withdrawal Agreement, as well as the Trade and Cooperation Agreement, there is a complication of legal regulation, as well as the emergence of potential contradictions and threats to the interests of interested parties. The sphere of personal data protection clearly demonstrates that despite the desire for the sovereignization of legal regulation on the part of the UK, its legal system remains dependent on the legal order of the European Union. The UK's national regulation on personal data will be under constant monitoring by the competent EU authorities, which indirectly confirms the failure to achieve the goals of the full return of the UK's delegated sovereign powers. It is concluded that the EU Court of Justice still retains its jurisdiction over the United Kingdom, in particular, in connection with possibility to challenge decisions on adequacy, as well as through the adoption of its own practice on issues related to personal data protection.

PERSONAL DATA PROTECTION AND RESEARCH ACTIVITIES: EU LEGAL REGULATION EXPERIENCE

2019 ◽  
pp. 186-194
Author(s):  
A. G. Barabashev ◽  
D. V. Ponomareva
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
The European Union ◽  
Personal Data Protection ◽  
Research Activities ◽  
Special Rules ◽  
Biometric Information

Legal regulation of the use of personal data is essential in ensuring the quality of scientific research. Regulation of the European Parliament and of the Council of the European Union No. 2016/679 of April 27, 2016 «On the protection of natural persons with regard to the processing of personal data and on the free movement of such data», repealing Directive 95/46/EC, aims to unify the standards governing the protection of human rights to privacy, certain conditions beyond. This novel, introduced by the Regulation in the EU legal framework, complements and updates the acquis communautaire achieved within the framework of Directive 95/46/EC on personal data protection. The Regulation establishes both general rules applicable to any type of personal data processing and special rules applicable to the analysis of certain categories of personal data, such as information obtained during clinical trials. This paper provides an overview of new standards (in force since May 2018) that regulate aspects of personal data processing in the context of research activities (personal health data, genetic, biometric information, etc.)

Collision between Legal Regulations on the Protection of Personal Data and Legal Regulations on Archival Work

2019 ◽  
Vol 2 (1) ◽  
pp. 116-120
Author(s):  
Elvira Dervišbegović ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Data Protection ◽  
Personal Data ◽  
Legal Regulation ◽  
Legal Regulations ◽  
Protection Agency ◽  
Personal Data Protection ◽  
Archival Work

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.

Digitization of Archival Records At the State Agency of Kosovo Archives

2018 ◽  
Vol 1 (1) ◽  
pp. 263-268
Author(s):  
Aliu Bekim ◽  
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Pilot Project ◽  
The State ◽  
Project Team ◽  
Lessons Learned ◽  
State Agency ◽  
Personal Data Protection ◽  
Digital Documents ◽  
Online Access

The paper focuses on the challenges and problems faced by the State Agency of Kosovo Archives in digitizing the "Economic Court-Pristina" fonds. The project team tackles broad and specific technical and intellectual challenges, from managing rights to an online access environment to the sustainability of used equipment. To better understand the challenges we have faced and what we are being faced with in digitization, we will first discuss in this paper the projects that the Agency itself had carried out as well as digital documents resulting from researches done in the similar archives. Then we will talk about the process of the currently digitized fonds, about technical challenges, personal data protection and finally the lessons learned so far from this pilot project.

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