A Pragmatic Regulatory Framework for Artificial Intelligence

The application of AI technology in different sectors can intrude on the data subjects' privacy rights. While the data protection laws attempt to regulate the use and processing of personal data, these laws obstruct the growth and development of AI technology. Current regulations are unable to cope with the AI revolution due to the pacing problem and Collingridge dilemma. In view of the regulatory gaps and the complexity of technology, there is a strong justification to regulate AI technology. It is increasingly important to safeguard privacy without encumbering AI technology with regulatory requirements that will hinder its progress. With the convergence of AI and blockchain technology, privacy challenges are exacerbated. In this chapter, several types of regulations will be analysed to decipher a suitable regulatory framework for AI. This is to ensure effective regulation of AI and to allow AI to flourish with the use and application of blockchain features.

Financial Inclusion and Mobile Payment to Empower Small and Medium-Sized Enterprises

Despite the increasing adoption of financial technology (FinTech) and the need for secure payment methods, mobile payments as a mode of settling daily business transactions have not received sufficient attention. To date, several business actors prefer to use conventional money payment modes. However, it is apparent that the need for a more effective payment method today is considered as a basic necessity, considering the current complexity of consumers and the negative effect of COVID-19. Moreover, the crisis raised a wave of apprehension over a large number of business actors, particularly small and medium-size enterprises (SMEs). The literature search indicated that the government should implement the correct policy to help create an acceptable environment for financial transactions for both the user and providers. It is also necessary to ensure that client security and privacy rights are protected during the mobile payment transactions.

Legal Protection Arrangements in Indonesia for Privacy Rights in Cases of Personal Data Leakage

This study aimed to analyze the legal protection arrangements in Indonesia for privacy rights in cases of personal data leakage and to examine the urgency of the establishment of the Personal Data Protection Law as an effort to prevent personal data leakage. This study used a normative juridical research approach, the type of data was secondary data with data collection techniques in the form of library research and documentation studies. The results of this study are that the privacy right gets legal protection in Indonesia through Law Number 19 of 2016 concerning Information and Electronic Transactions, also regulated in its implementing regulations, namely Government Regulation Number 71 of 2019 and Regulation of the Minister of Communication and Information Technology Number 20 of 2016. The regulation has not been able to overcome the rampant cases of privacy rights violations and has not been able to protect the owner of personal data. The stipulation of a personal data protection law as an effort to combat the leakage of personal data is an urgent matter to meet the demands of information disclosure in government institutions and protect individual rights concerning collection, processing, maintenance, dissemination of personal data.

Privacy of European Citizens in the Face of the Development of New Data- Driven Business Models

The main objective of the paper is to identify the imbalance between the right to privacy and the business objectives of entities creating new Data-Driven Business Models (DDBMs) of consumers (EU citizens). Information about the consumer and their characteristics has nowadays become a service or market commodity thanks to which new economic processes, based on the use of advanced data processing technologies, are created. In digital space, new types of DDBM are established, which provide entrepreneurs with added value, based on the mass use of the consumer’s data collected often without their knowledge, on the margins of legality. This paper analyzes the impact of the development of DDBMs on selected privacy areas: personal data, the right to be forgotten, confidentiality of communications, one’s image and identity. In each of these areas, situations are identified that indicate a progressive re-evaluation of citizens’ privacy rights. The authors suggest that disruption of the balance between the right to privacy and business objectives may lead to unambiguous consequences, not only for the consumer (EU citizen), but also for the business entities.

Topical issues of ensuring human rights on digital platforms

The article deals with the constitutional understanding of the place modern Internet platforms play in ensuring human rights. Some problematic aspects of the topic are illustrated through the lens of Russian and foreign legal practice, which has developed in connection with the functioning of wellknown digital platforms and promotion of information rights, digital security and privacy rights, freedom of speech within the boundaries of popular social networks, video hosting platforms, online services. Particular attention is paid to the analysis of the latest novelties of Russian legislation aimed at regulating the status and new grounds for responsibility of digital platforms. The cornerstone question proposed by the author for discussion is the question of the best model of interaction between the state and digital platforms, as well as the conditions and limits of their responsibility for violations of human rights. The article analyzes the problem of inconsistency of terms of services with generally recognized standards of international human rights law, examines options for unifying the platform’s policies in relation to the content published on them, examines the phenomenon of “refusal of constitutional rights by contract”. Taking into account the deduced features of digital platforms as a space for the realization of human rights, the author’s view of the system of legal measures aimed at improving the standards of protecting human rights on digital platforms, is proposed as conclusions.

Solutions to Big Data Privacy and Security Challenges Associated With COVID-19 Surveillance Systems

The growing dependency on digital technologies is becoming a way of life, and at the same time, the collection of data using them for surveillance operations has raised concerns. Notably, some countries use digital surveillance technologies for tracking and monitoring individuals and populations to prevent the transmission of the new coronavirus. The technology has the capacity to contribute towards tackling the pandemic effectively, but the success also comes at the expense of privacy rights. The crucial point to make is regardless of who uses and which mechanism, in one way another will infringe personal privacy. Therefore, when considering the use of technologies to combat the pandemic, the focus should also be on the impact of facial recognition cameras, police surveillance drones, and other digital surveillance devices on the privacy rights of those under surveillance. The GDPR was established to ensure that information could be shared without causing any infringement on personal data and businesses; therefore, in generating Big Data, it is important to ensure that the information is securely collected, processed, transmitted, stored, and accessed in accordance with established rules. This paper focuses on Big Data challenges associated with surveillance methods used within the COVID-19 parameters. The aim of this research is to propose practical solutions to Big Data challenges associated with COVID-19 pandemic surveillance approaches. To that end, the researcher will identify the surveillance measures being used by countries in different regions, the sensitivity of generated data, and the issues associated with the collection of large volumes of data and finally propose feasible solutions to protect the privacy rights of the people, during the post-COVID-19 era.

Documentary reality television's privacy problem

<p>Documentary reality television is hugely successful. The genre, which includes shows like Police Ten 7, Coastwatch and Border Patrol, consistently outperforms other television formats and fills free-to-air television schedules. In these shows ride-along film crews and body-worn cameras record agencies as they go about their tasks. Often these agencies are public authorities and their tasks are statutory functions. The purpose of this paper is to examine the genre’s privacy implications. It concludes that the genre is systemically unlawful. It is unlawful because it breaches the privacy rights of involuntary participants. The paper considers the privacy implications by examining the genre against the shared features of the publication tort and the Privacy Broadcasting Standard. Both of these consider that it is a breach of privacy to broadcast material subject to a reasonable expectation of privacy, where that broadcast is highly offensive unless there is an applicable defence. While the material broadcast represents the work of agencies, it also represents the personal stories of everyday people going about their lives. Often the moments captured are significant life events and intimate moments for those people. By agreeing to contribute to the genre, agencies agree to broadcast these life events without the active involvement of the participants. Research has also found that this is often occurring without informed consent. While the focus of this paper is on the private law implications of the genre, it identifies that some public authorities’ involvement in the genre may also be ultra vires. The paper finishes by considering why, if the genre is systemically unlawful, people are not suing. It considers that general issues with access to civil justice and the powers of the Broadcasting Standards Authority stand in the way of potential complainants. It finishes by considering some solutions that could improve the situation.</p>

Documentary reality television's privacy problem

<p>Documentary reality television is hugely successful. The genre, which includes shows like Police Ten 7, Coastwatch and Border Patrol, consistently outperforms other television formats and fills free-to-air television schedules. In these shows ride-along film crews and body-worn cameras record agencies as they go about their tasks. Often these agencies are public authorities and their tasks are statutory functions. The purpose of this paper is to examine the genre’s privacy implications. It concludes that the genre is systemically unlawful. It is unlawful because it breaches the privacy rights of involuntary participants. The paper considers the privacy implications by examining the genre against the shared features of the publication tort and the Privacy Broadcasting Standard. Both of these consider that it is a breach of privacy to broadcast material subject to a reasonable expectation of privacy, where that broadcast is highly offensive unless there is an applicable defence. While the material broadcast represents the work of agencies, it also represents the personal stories of everyday people going about their lives. Often the moments captured are significant life events and intimate moments for those people. By agreeing to contribute to the genre, agencies agree to broadcast these life events without the active involvement of the participants. Research has also found that this is often occurring without informed consent. While the focus of this paper is on the private law implications of the genre, it identifies that some public authorities’ involvement in the genre may also be ultra vires. The paper finishes by considering why, if the genre is systemically unlawful, people are not suing. It considers that general issues with access to civil justice and the powers of the Broadcasting Standards Authority stand in the way of potential complainants. It finishes by considering some solutions that could improve the situation.</p>

A Smart Contract-Based Dynamic Consent Management System for Personal Data Usage under GDPR

A massive amount of sensitive personal data is being collected and used by scientists, businesses, and governments. This has led to unprecedented threats to privacy rights and the security of personal data. There are few solutions that empower individuals to provide systematic consent agreements on distinct personal information and control who can collect, access, and use their data for specific purposes and periods. Individuals should be able to delegate consent rights, access consent-related information, and withdraw their given consent at any time. We propose a smart-contract-based dynamic consent management system, backed by blockchain technology, targeting personal data usage under the general data protection regulation. Our user-centric dynamic consent management system allows users to control their personal data collection and consent to its usage throughout the data lifecycle. Transaction history and logs are recorded in a blockchain that provides trusted tamper-proof data provenance, accountability, and traceability. A prototype of our system was designed and implemented to demonstrate its feasibility. The acceptability and reliability of the system were assessed by experimental testing and validation processes. We also analyzed the security and privacy of the system and evaluated its performance.