Suchergebnisse

The article deals with the peculiarities of personal data protection, demarcates the concept of "personal data" from the concept of "information about the person", analyzes the international and national standards of data protection in foreign countries, explores the features of the American and European model of personal data protection. The rapid development of information technology and the active use of personal databases raises issues of privacy. Not the least role in the development of relevant processes is played by the global network "Internet". That is why, in recent years, the number of offenses related to the illegal collection, use and dissemination of personal information has increased. Currently, the legislation of foreign countries is undergoing significant changes, trying to develop and consolidate real mechanisms for the legal protection of personal data, as well as to regulate the circulation and dissemination of relevant information via the Internet. Despite the significant development of relevant issues in scientific circles, many issues of the system of interaction "Man - Internet" remain open and require further research and legislative regulation of the mechanism of personal information protection. The degree of protection of personal data reflects the level of fundamental human and civil rights and freedoms in the country. Each country's experience is multifaceted and has its own characteristics, which are affected by different approaches in the field of legal regulation of data protection, when the relevant rules of protection are reflected at the constitutional or legislative level, within one basic law or by referring the relevant rules of personal data protection to different sectoral laws and acts. Relevant conclusions on the need to improve the constitutional and legal regulation of personal data protection in the conditions of constant development of information technologies have been made.

The new European General Data Protection Regulation (GDPR) imposes enhanced requirements on digital data collection. This article reports from a 2018 German nationwide population-based probability app study in which participants were asked through a GDPR compliant consent process to share a series of digital trace data, including geolocation, accelerometer data, phone and text messaging logs, app usage, and access to their address books. With about 4,300 invitees and about 650 participants, we demonstrate (1) people were just as willing to share such extensive digital trace data as they were in studies with far more limited requests; (2) despite being provided more decision-related information, participants hardly differentiated between the different data requests made; and (3) once participants gave consent, they did not tend to revoke it. We also show (4) evidence for a widely-held belief that explanations regarding data collection and data usage are often not read carefully, at least not within the app itself, indicating the need for research and user experience improvement to adequately inform and protect participants. We close with suggestions to the field for creating a seal of approval from professional organizations to help the research community promote the safe use of data.

Patient privacy is a right guaranteed by law that allows patient to conceal their medical records. However, this rights only applies in normal conditions and does not apply during a pandemic. It is often being misunderstood that broad society decided to close their medical records during this pandemic. The closing of the medical record will potentially cause the difficulty in detecting the virus' transmission. Moreover, the status of a patient recognized as pandemic-suspected is often being ignored by their family and ultimately brought home assuming that their family is in good condition. This fact has immense potential to generate a wider spread of the pandemic virus. According to the previous subject, the study will further discuss the Indonesian regulations concerning the protection of patient confidentiality during the pandemic and the legal status for those responsible for taking the pandemic-suspected patient in force. This study hopefully will be contributing to the prevention of such actions mentioned above. This study uses a normative legal approach with secondary data research. The study results show that the broad society merely understands that the confidentiality of patient privacy only applies in normal circumstances and does not apply during the pandemic situation. Moreover, the forced withdrawal of pandemic-suspected patients occurs due to society's general prejudice towards the suspected patient. Therefore, this study argues that social awareness regarding the protection of patient confidentiality is necessary to increase social knowledge about patients' rights.

"Advocating for more standardised data governance practices and promoting the digital economy, Data Governance in AI, FinTech and LegalTech investigates the rationale, legal base, and tools of data governance in the financial sector. This timely book makes a significant contribution to the debate around how rapidly-evolving digital finance practices should be regulated. Contributions from leading researchers examine a range of financial services, offering a comprehensive assessment of the available tools for constructing multi-layered matrix systems for data governance in the financial services sector. Chapters explore data governance in the cryptocurrency market, crypto-asset providers, legal services for mergers and acquisitions, consumer insurance, consumer finance, digital platform services, securities exchanges, and the green bond market. The book serves to define the legal contours of data governance, taking account of the influence of shifting business models, the views of multiple stakeholders and emerging issues surrounding data protection, privacy and cybersecurity. This is a crucial read for scholars of law and finance who are researching data regulation, data governance, and financial market law. Exploring both the opportunities and risks arising from the digital transformation of financial markets, it will also be invaluable for practitioners and policy makers working in the financial sector, law, risk management, and compliance"--

Parents and legislators have become increasingly concerned about access by children to Internet websites. The Communications Decency Act was the first to attempt to address the issue, but it failed to pass a constitutional challenge. Logically, the next step is to rate websites on the Internet. However, mandatory rating legislation will force providers to rate their sites using rating vocabularies such as RSACi, which they might not agree with. A voluntary rating system or old fashioned parental authority seems like a good solution, but both are based on a subjective determination that everyone may not agree with. Society has a legitimate interest in protecting children from danger. Parents must be given effective tools to regulate the content of what their children see on the Internet. Stand-alone blocking software seems to be the best option available to parents today. However, blocking software companies have 'block lists' which are not disclosed to the purchaser of the software. The disclosure of the 'block lists', as well as allowing users to block and unblock websites at their own discretion, is currently the most effective alternative available to parents. Ultimately, parents who use stand-alone blocking software will be able to block material which they deem to be offensive and not to be viewed by children. Providers will not be required to rate their speech and will be free to publish whatever they would like. Children will also be protected from the indecent speech and materials readily available on the Internet.

Parents and legislators have become increasingly concerned about access by children to Internet websites. The Communications Decency Act was the first to attempt to address the issue, but it failed to pass a constitutional challenge. Logically, the next step is to rate websites on the Internet. However, mandatory rating legislation will force providers to rate their sites using rating vocabularies such as RSACi, which they might not agree with. A voluntary rating system or old fashioned parental authority seems like a good solution, but both are based on a subjective determination that everyone may not agree with. Society has a legitimate interest in protecting children from danger. Parents must be given effective tools to regulate the content of what their children see on the Internet. Stand-alone blocking software seems to be the best option available to parents today. However, blocking software companies have 'block lists' which are not disclosed to the purchaser of the software. The disclosure of the 'block lists', as well as allowing users to block and unblock websites at their own discretion, is currently the most effective alternative available to parents. Ultimately, parents who use stand-alone blocking software will be able to block material which they deem to be offensive and not to be viewed by children. Providers will not be required to rate their speech and will be free to publish whatever they would like. Children will also be protected from the indecent speech and materials readily available on the Internet.

Advocacy for child protection online has tended to flow against the tide of a dominant liberal discourse concerning the internet which posits that either the internet should not be regulated or that it can't actually be regulated at all. Regulatory trends in Great Britain, in Europe and in the wider international arena have promoted models of co- or self-regulation whereby industries themselves with varying degrees of partnership or oversight by relevant state agencies practice 'light-touch' regulation based on codes established within industry fora with minimalist prescriptions on content and with ultimate responsibility for risk exposure shifted to the end user. The dominant discourse of this regulatory approach is framed both within an economic logic which argues that impediments placed in the way of an emerging new media ecology will have negative consequences for competitiveness and economic development as well as within a libertarian framework that gives primacy to adult rights to freedom of speech over and above ancillary issues of public interest. In this context, promotion of the interests of children online has met with significant challenges, and child protection measures are frequently viewed as a threat to privacy and freedom of expression rights. However, as we argue in this paper, regulation of the internet in some form is increasingly accepted on an international legislative basis and is supported and necessitated by a growing evidence base of the risks of exposure to harmful content and practices. The EU Kids Online project, supported by the European Commission's Safer Internet Programme is designed to enhance knowledge regarding European children's use, risk and safety online. A key objective of the project is to inform policy on regulating for a safer internet environment based on the principle of promoting opportunities and minimizing risk. The project is conducting original empirical research across member states with nationally representative samples of children aged 9-16 years old and their parents on prominent online risks including exposure to inappropriate content (e.g. pornographic, self-harm and violent content, racist/hate material), unwelcome contact (e.g. grooming, sexual harassment, bullying, abuse of personal information and privacy) and inappropriate conduct by children themselves (e.g. bullying, abuse of privacy). Reviewing existing regulatory and child protection measures in these areas, we argue that the emerging evidence of risks encountered by children will provide a base for reconceptualising online safety as not just a matter of individual responsibility on the part of social actors (children, parents and families) but as a balance between educational initiatives and structurally defined public (and children's) interests inscribed in internet legislation and regulation.

This article focuses on the regulation of maritime autonomous surface vessels from the perspective of international law of the sea. The article discusses on the possibility of developing a legal framework to regulate autonomous maritime navigation based on laws and regulation of autonomous driving of landed vehicles. The authors opine that existing legal framework does not conform to the goal of regulation of autonomous navigation. However, the regulation of autonomous car testing and exploitation could be imitated to design a new legal framework for autonomous shipping. Despite the divergent approaches, some principles remain in common particularly of cybersecurity and privacy. As computer systems are replacing the need of a master and crew for digitally managed ships, low level of cybersecurity implies an increase in risk of losing control over the vessel. The authors are of the opinion that that current legal acts, standards and their drafts do not pay necessary attention to the problem of cybersecurity of autonomous ships. Moreover, current legislations do not provide mechanisms of influence on behavior of shipowner and shipbuilder to make them apply the best measures. The similar situation is with privacy. Factually, an autonomous ship is a natural tool for surveillance, as to effectively navigate through the seas, it must collect and process information pertaining to navigational safety and other related matters. The question raises how this information has to be collected, kept, processed and deleted. Thus, the maritime community may consider adopting the approach on privacy from regulation for autonomous cars.

The public health crisis that occurred during the current COVID-19 pandemic has created pressure for some of the affected people. Therefore, the privacy of COVID-19 patient data needs to be protected by the government. The purpose of this study was to examine the Privacy Regulations for the Protection of COVID-19 Patient Data. This research is a literature review research or what is known as a literature review. This research was conducted by analyzing 6 articles published between 2020-2021 regarding the protection of data privacy for COVID-19 patients in several national and international journals. The results of the research analysis show that the potential for misuse of COVID-19 patient data can lead to discrimination and exclusivity of all parties involved, including an increase in excessive public fear. Thus, certain legal frameworks should be adopted to reduce the risk of misuse of personal data of COVID-19 patients.

In the last few years, there has been a dramatic increase in the use of remote-controlled copters or "drones" by recreational users to capture aerial photographs and videos on an unprecedented scale. The convergence of cutting-edge technological developments in gyroscopic gimbals, long-range wireless transmissions, GPS-enabled stabilisation and flightpath-preprogramming, first-person-views, and compact digital imaging has led to the proliferation of these camera-carrying devices that even hobbyists can pilot with reasonable safety. However, there has been a consistent stream of public concern relating to issues of safety, privacy, and disruption of commercial interests. Lost in the paranoid cacophony is a question that warrants proper legislative reflection: how can these drones be regulated in a way that is proportionate and sensible? With Singapore's recently enacted Unmanned Aircraft Act as the focal point, this article will compare and contrast the various regulations around the world to determine where the best balance has been struck between the freedom to create art and the purported competing demands of safety, privacy, and commercial interests.

AbstractThis article presents a perspective that the interplay between high-level ethical principles, ethical praxis, plans, situated actions, and procedural norms influences ethical AI practices. This is grounded in six case studies, drawn from fifty interviews with stakeholders involved in AI governance in Russia. Each case study focuses on a different ethical principle—privacy, fairness, transparency, human oversight, social impact, and accuracy. The paper proposes a feedback loop that emerges from human-AI interactions. This loop begins with the operationalization of high-level ethical principles at the company level into ethical praxis, and plans derived from it. However, real-world implementation introduces situated actions—unforeseen events that challenge the original plans. These turn into procedural norms via routinization and feed back into the understanding of operationalized ethical principles. This feedback loop serves as an informal regulatory mechanism, refining ethical praxis based on contextual experiences. The study underscores the importance of bottom-up experiences in shaping AI's ethical boundaries and calls for policies that acknowledge both high-level principles and emerging micro-level norms. This approach can foster responsive AI governance, rooted in both ethical principles and real-world experiences.

The article proposes to the investigation of the right to privacy as one of the labor law categories. It is due to such challenges of digitalization as violation of the confidentiality of personal data and the almost unlimited of their data mining through electronic monitoring of the workflow process, the use of automated processing of personal data, artificial intelligence systems and others. Based on the analysis of acts of an international nature (cases of the International Labor Organization, the Council of Europe, the Eurasian Economic Union), as well as national acts of the members of the Eurasian Economic Union, the conclusion is substantiated on the need for special labor and legal regulation of the right to privacy in relation to citizens entering into relations with the employer. The possibility of giving this right the status of one of the fundamental principles of Labor Law is proved in the article.

This article aims to shed some light on post-mortem privacy, a phenomenon rather neglected in the legal literature. Acknowledging the quite controversial nature of the phenomenon and certain policy and legal arguments pro and contra, the paper explores the data protection (informational privacy) aspect of the issue. More precisely, the focus is on the distinction between the current and the newly proposed data protection regime in the European Union (EU), assessing how these regimes are susceptible to protecting the deceased's personal data. The paper will note the differences between the proposed text of the Data Protection Regulation Proposal and subsequent amendments. Moreover, the paper will assess which solutions are more suitable to enable incorporation of the post-mortem privacy in the data protection regime, acknowledging the overall lack of certainty regarding the finalisation of the Regulation's content. In so doing, this paper aims to detect elements in the new regime that seem to be promoting, at least theoretically, the propertisation of personal data, while partly disregarding its human rights basis. Having this assumption in mind and noting the difference between property, liability and contracts regimes (e.g. transmission on death), it will be argued that the new regime, at least in theory, could be perceived as promoting post-mortem privacy and, under certain circumstances, enabling better control of deceased people's personal data. The paper, however, does not support this change and suggests that post-mortem privacy should be contemplated within the human rights-based regime.