Abstract

Privacy and data protection laws have changed significantly over the last two decades. The highly networked and interconnected world we live in today was only a flash on the horizon in the 1990s. The Internet itself was still a whole new innovation for many people. Many businesses have not had a public website yet. Concepts, such as online social media platforms, did not exist – and certainly no one thought about how they should be regulated. Smartphones, wearable technology and artificial intelligence have made huge leaps over the past 20 years – powered by new ways of data acquisition and processing. As a result, courts and regulators have increasingly had to adapt the aging data protection laws to suit a constantly changing world for which they were simply not designed. Government digital agendas worldwide go hand in hand with this fast-paced digital evolution. Information security and awareness should be a crucial part of public administration agendas with the primary goal to protect information of all types and origins.

Highlights

  • In the global information economy, personal data has become the driving force of most of today’s online activity

  • In jurisdictions where data protection relies on membership of a specific system, membership in these systems requires a combination of payments to a central system operator plus payments to service providers dispute resolution and payments for third-party certification services

  • The guideline on privacy and the cross-border flow of personal data was adopted as a recommendation of the OECD Council in support of the three principles that are binding on OECD member states: open democracy, respect for human rights and the free market economy

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Summary

Introduction

In the global information economy, personal data has become the driving force of most of today’s online activity. Natural persons are increasingly disclosing their personal data, including on a global scale Technology has transformed both economic and social life and should further facilitate the free flow of personal data on a global scale and transfer to third countries and international organisations, while guaranteeing a high level of protection of personal data. In order to ensure a consistent level of protection of personal data and to avoid differences between the jurisdictions of different States that could hinder the free movement of personal data, it is necessary to adopt rules providing legal certainty and transparency for economic operators, including micro, small and medium-sized enterprises, and providing individuals in all countries of the world with the same level of legal enforceable rights, ensuring consistent monitoring of the processing of personal data and providing for ­equivalent sanctions, as well as effective cooperation between the supervisory authorities of Public Governance, Administration and Finances Law Review 2. In order to achieve adequate protection that enables innovation and facilitates trade, it is essential to continue the national, regional and global dialogue of all stakeholders

Key Privacy Concerns in an International Context
Increasing Importance of Personal Data Protection
Key Challenges in Drafting Data Protection Laws
Countries with legislation containing large gaps and exemptions
Cross-border Data Transfers
Strengthening Powers and Determining Jurisdiction
Registration requirements
Requirements for the appointment of Data Protection Officers
Requirements for the establishment of data centres
Global Developments and Trends in the Field of Personal Data Protection
The Council of Europe
Initiatives of the International Data Protection Commissioners
Findings
Conclusion
Full Text
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