Data Privacy Law Research Articles

IoT in Education: Implementation Scenarios through the Lens of Data Privacy Law

The Internet of Things (IoT) is today one of the most rapidly developing digital technologies and has managed to establish a solid presence in the academic realm. This article highlights the promising implications of IoT in Education including efficient school management, real-time data collection and analysis, resource management and global interconnectedness. Implementation scenarios are many and incorporate billions of devices that collect huge amounts of data that can be exploited for a wide range of educational purposes. In the post Covid19 era, the IoT as the so-called 3rd revolution of Information technology appeared to be able to support distance learning as well as to protect students in terms of virus spreading, guaranteeing a safe learning environment in their coming back to the classrooms. At the same time, all implementations scenarios raise concerns related to data privacy rights and data security. This article highlights the need for a legal context that protects privacy as well as fundamental rights and freedoms. Since the Internet of Things encompasses new technologies, such as Artificial Intelligence and Blockchain, the study of its regulatory framework is of primary interest. In addition, serious legal and ethical concerns arise which demand a relative critical approach. Therefore, it is pursued the proposal of fruitful guidelines which would lead to a powerful, productive and human-centric educational environment.

Data Privacy Laws in the United States

Data Privacy Laws in the United States

Exploring the Impact of GDPR on Big Data Analytics Operations in the E-Commerce Industry

This research explores the impact of data privacy and protection laws on e-commerce companies in the Netherlands. Specifically, this study focuses on the General Data Protection Regulation (GDPR). The purpose of this regulation is to refine privacy laws and emphasize the importance of consumer protection and consent. GDPR might challenge enterprises, especially data-driven organizations. Notably, the e-commerce industry is known for relying heavily on big data analytics, business intelligence, and other data-related technologies. Multiple semi-structured interviews with e-commerce professionals and consumers were conducted to gain a deeper understanding of the impact of GDPR based on the strategies employed by e-commerce companies and the online user experience of customers in the Netherlands. The main findings show that while GDPR compliance incurred additional costs for companies, it also improved data security and increased customer trust. Furthermore, the results also suggest that GDPR affects the e-commerce analytics operations in organizations after its adoption. Thus, many organizations have altered their practices to achieve compliance with the laws. The findings of this research contribute to the ongoing exploration of the effects of GDPR on online retail businesses that utilize (big) data analytics.

Nova granica - izazovi rastućeg uticaja prava o zaštiti ličnih podataka na stečajno pravo

Notwithstanding the unprecedented and global prestige that data privacy (or data protection, in Europe) law has gained in the 21st century, comparative analyses of the effects flowing from the intensifying impact of data protection law on bankruptcy (insolvency) law remain unexplored. In addition to canvassing the history and contours of the data protection-bankruptcy law interface, through an empirical comparison of available court and data protection agency (authority) cases in multiple jurisdictions, this article fills this gap by identifying and exemplifying various modalities through which data protection law interferes with the bankruptcy process or creates tensions between the two branches of law, based on the comparison of available court and data protection authority (agency) cases in Europe (including the United Kingdom), the United States, as well as Canada and China, as middle-ground systems.

Global Data Privacy Laws 2023: International Standards Stall, but UK Disrupts

Global Data Privacy Laws 2023: International Standards Stall, but UK Disrupts

For Whom is Privacy Policy Written? A New Understanding of Data Privacy Law’s Notice-and-Consent Framework

For Whom is Privacy Policy Written? A New Understanding of Data Privacy Law’s Notice-and-Consent Framework

Proposed US Federal Data Privacy Law Offers Strong Protections but only to US Residents

Proposed US Federal Data Privacy Law Offers Strong Protections but only to US Residents

The Intersection Between Data Privacy and Competition Law in Zero-Price Market-Based Digital Platforms

In the digitalization era, business actors' motives to achieve a dominant position are increasingly diverse, especially in the technology sector. One of them is establishing a zero-price market-based service to attract many consumers, who later uses its consumers' personal data to reap profits and build barriers to market entry for its competitors. This paper discusses how competition law intersects with data privacy in the digital era, the relevance of the dominant position provisions in Law No. 5 Year 1999 in the digital era, and the preparation for establishing the new Indonesian competition law in the digital era. The research results of this paper show that in the digital age, business competition law and personal data protection can no longer be separated because many business actors use personal data to conduct unfair business competition. Therefore, establishing new Indonesian competition law in the digital era becomes urgent.

Reflections on Turkish Personal Data Protection Law and Genetic Data in Focus Group Discussions

Since the 1970s and more rigorously since the 1990s, many countries have regulated data protection and privacy laws in order to ensure the safety and privacy of personal data. First, a comparison is made of different acts regarding genetic information that are in force in the EU, the USA, and China. In Turkey, changes were adopted only recently following intense debates. This study aims to explore the experts’ opinions on the regulations of the health information systems, data security, privacy, and confidentiality in Turkey, with a particular focus on genetic data, which is more sensitive than other health data as it is a permanent identifier that is inherited to next of kin and shared with other family members. Two focus groups with 18 experts and stakeholders were conducted, discussing topics such as central data collection, legalized data sharing, and the management of genetic information in health information systems. The article concludes that the new Turkish personal data protection law is problematic as the frame of collectible data is wide-ranging, and the exceptions are extensive. Specific laws or articles dedicated to genetic data that also overlook the dimension of discrimination based on genetic differences in Turkey should be taken into consideration. In broader terms, it is intended to put up for discussion that in addition to ethical aspects, economic aspects and legal aspects of health should be included in the discussion to be carried out within the framework of socio-political analyses with culture-specific approaches and cross-culture boundaries simultaneously.

Some Problems of ‘Consent’ Under Australian Data Privacy Law

Some Problems of ‘Consent’ Under Australian Data Privacy Law

`‘Determann's Field Guide to Data Privacy Law: International Corporate Compliance’` by Ardi Kolah

`‘Determann's Field Guide to Data Privacy Law: International Corporate Compliance’` by Ardi Kolah

Integrating law, technology, and design: teaching data protection and privacy law in a digital age

Integrating law, technology, and design: teaching data protection and privacy law in a digital age

Holistic Approach in Introducing Proper Legal Framework to Regulate Data Protection and Privacy in Sri Lanka

Data protection and privacy law have never been important as they are today. Data protection and privacy ensure that data is safeguarded from unlawful access by unauthorised third parties and misappropriation of the same. A successful data protection strategy will be helpful to prevent data loss, theft, or corruption of data. It is evident that information and communication technology is developing daily and privacy issues or the threats against personal data of the persons also equally increasing. Responsibility of a government to provide effective privacy and data protection laws/policies cannot be disregarded at any point. Until very recent Sri Lanka did not have a separate legislation to deal with data protection and privacy and it was identified as a major lacuna in our law. At present, in addition to the Personal Data Protection Act No. 09 of 2022 there are several other legislations that may be applied to regulate certain aspects of data protection and privacy. In this research, researcher is aiming to assess whether existing legal framework on data protection and privacy in Sri Lanka is adequate and effective. This will be done by comparing the Sri Lankan legal framework with UK and Singapore, countries that are known as pioneers of data protection and privacy. Ultimate goal of the researcher is to contribute towards assurance of data protection and privacy right of the individuals in Sri Lanka. 
 Keywords: Data protection, Privacy, Information Communications Technology, Personal data

Correction to: Revisiting the definition of health data in the age of digitalized health care

Journal Article Correction to: Revisiting the definition of health data in the age of digitalized health care Get access International Data Privacy Law, Volume 12, Issue 2, May 2022, Page 162, https://doi.org/10.1093/idpl/ipac010 Published: 20 April 2022

Early Identification of Maternal Cardiovascular Risk Through Sourcing and Preparing Electronic Health Record Data: Machine Learning Study.

BackgroundHealth care data are fragmenting as patients seek care from diverse sources. Consequently, patient care is negatively impacted by disparate health records. Machine learning (ML) offers a disruptive force in its ability to inform and improve patient care and outcomes. However, the differences that exist in each individual’s health records, combined with the lack of health data standards, in addition to systemic issues that render the data unreliable and that fail to create a single view of each patient, create challenges for ML. Although these problems exist throughout health care, they are especially prevalent within maternal health and exacerbate the maternal morbidity and mortality crisis in the United States.ObjectiveThis study aims to demonstrate that patient records extracted from the electronic health records (EHRs) of a large tertiary health care system can be made actionable for the goal of effectively using ML to identify maternal cardiovascular risk before evidence of diagnosis or intervention within the patient’s record. Maternal patient records were extracted from the EHRs of a large tertiary health care system and made into patient-specific, complete data sets through a systematic method.MethodsWe outline the effort that was required to define the specifications of the computational systems, the data set, and access to relevant systems, while ensuring that data security, privacy laws, and policies were met. Data acquisition included the concatenation, anonymization, and normalization of health data across multiple EHRs in preparation for their use by a proprietary risk stratification algorithm designed to establish patient-specific baselines to identify and establish cardiovascular risk based on deviations from the patient’s baselines to inform early interventions.ResultsPatient records can be made actionable for the goal of effectively using ML, specifically to identify cardiovascular risk in pregnant patients.ConclusionsUpon acquiring data, including their concatenation, anonymization, and normalization across multiple EHRs, the use of an ML-based tool can provide early identification of cardiovascular risk in pregnant patients.

The Interplay between Data Privacy and Competition Law in India

In today’s digital sphere, the impact of technology on consumers and competition has attained much significance. With the prominent technological advancements, data have gained an economic value due to the increased revenue accruing from data-related services,1 thereby making data protection a paramount concern.2 Privacy is also emerging as a non-price parameter of competition.3 Further, the economics of data also favours market concentration and dominance as noted by the Organisation for Economic Co-operation and Development (OECD).4 Despite data evolving as arguably a key parameter of competition, there is a tension between Data Protection laws (‘DP laws’) and competition laws. A significant cause for such tension being that for the tension being that the DP laws prohibit the exploitation of users’ data, whereas the competition law promotes data being public to ensure the prevention of monopolistic behaviour. This article presents and analyses recent developments in Indian competition...

Building an Opt-Out Model for Service-Level Consent in the Context of New Data Regulations.

The General Data Protection Regulation (GDPR) was introduced in 2018 to harmonize data privacy and security laws across the European Union (EU). It applies to any organization collecting personal data in the EU. To date, service-level consent has been used as a proportionate approach for clinical trials, which implement low-risk, routine, service-wide interventions for which individual consent is considered inappropriate. In the context of public health research, GDPR now requires that individuals have the option to choose whether their data may be used for research, which presents a challenge when consent has been given by the clinical service and not by individual service users. We report here on development of a pragmatic opt-out solution to this consent paradox in the context of a partner notification intervention trial in sexual health clinics in the UK. Our approach supports the individual's right to withhold their data from trial analysis while routinely offering the same care to all patients.

Making Choice Meaningful – Tackling Dark Patterns in Cookie and Consent Banners through European Data Privacy Law

Making Choice Meaningful – Tackling Dark Patterns in Cookie and Consent Banners through European Data Privacy Law

Data Privacy

The objective of this article is to analyze current situation and relevant historical events to Mexican Data Privacy Law and how it was influenced by another domestic dispositions around the world. Due to GDPR (General Data Protection Regulation) is about to enter into effect in EU (European Union), is it perfect moment to analyze the differences between the Mexican Law published 8 years ago and the most recent and sophisticated law in the world.

`‘Determann’s Field Guide to Data Privacy Law: International Corporate Compliance’` by Richard Preece

`‘Determann’s Field Guide to Data Privacy Law: International Corporate Compliance’` by Richard Preece