Data Protection Act Research Articles

Data Privacy Vis- A- Vis the Digital Personal Data Protection Act, 2023

The right to privacy is an essential human entitlement that involves an individual's independence and authority over their personal data. In an era dominated by digital interactions and data-driven technologies, the right to privacy has become increasingly pertinent. The concept of data privacy encompasses the protection of personal information from unauthorized access, use, and disclosure. With the proliferation of online platforms and digital services, individuals are generating vast amounts of data, raising concerns about its misuse and exploitation. Data privacy in India has become a significant issue with the increasing digitization of services and the proliferation of personal data collection by both government and private entities. In 2023, the digital data protection act was enacted to specifically deal with Data privacy as well as Data protection. This paper attempts to analyse the right to privacy vis-à-vis the digital data protection act, 2023 and this analysis explores how these regulatory provisions address the emerging challenges to the protection of sensitive personal data.

A Privacy-Preserving Approach to Effectively Utilize Distributed Data for Malaria Image Detection.

Malaria is one of the life-threatening diseases caused by the parasite known as Plasmodium falciparum, affecting the human red blood cells. Therefore, it is an important to have an effective computer-aided system in place for early detection and treatment. The visual heterogeneity of the malaria dataset is highly complex and dynamic, therefore higher number of images are needed to train the machine learning (ML) models effectively. However, hospitals as well as medical institutions do not share the medical image data for collaboration due to general data protection regulations (GDPR) and the data protection act (DPA). To overcome this collaborative challenge, our research utilised real-time medical image data in the framework of federated learning (FL). We have used state-of-the-art ML models that include the ResNet-50 and DenseNet in a federated learning framework. We have experimented both models in different settings on a malaria dataset constituting 27,560 publicly available images and our preliminary results showed that the DenseNet model performed better in accuracy (75%) in contrast to ResNet-50 (72%) while considering eight clients, while the trend was observed as common in four clients with the similar accuracy of 94%, and six clients showed that the DenseNet model performed quite well with the accuracy of 92%, while ResNet-50 achieved only 72%. The federated learning framework enhances the accuracy due to its decentralised nature, continuous learning, and effective communication among clients, as well as the efficient local adaptation. The use of federated learning architecture among the distinct clients for ensuring the data privacy and following GDPR is the contribution of this research work.

Principle of explicability: regulatory challenges on artificial intelligence

This essay aims to examine topic related to artificial intelligence, explaining how it works and specially studying aspects of regulatory framework. The paper approaches the principle of explicability of AI decisions, performing an analysis on the braziilian parliamentary discussion and brazilian data protection act. The hermeneutic method was adopted as well as literature review.

A federated learning framework for pneumonia image detection using distributed data

Pneumonia is one of the serious diseases affecting the lungs. Yearly, over four million people die on average. Therefore, it is essential to have an effective system for early diagnoses. State-of-the-art computer-aided Machine Learning (ML) techniques have been used for pneumonia detection. However, pneumonia X-ray images are visually heterogeneous and complex in pattern recognition. Therefore, a vast amount of dataset is required for effective ML model training. The larger data volume can be collected using the real-time dataset from hospitals and medical institutions. However, due to General Data Protection Regulation (GDPR) and the Data Protection Act (DPA), data sharing is not allowed by the third party. This study is inspired by using real-time datasets in a privacy-preserving fashion while using the framework of federated learning (FL). We have performed experiments using state-of-the-art ML models for medical image classification, including pre-trained Convolutional Neural Network (CNN) models of Alexnet, DenseNet, Residual Neural Network-50 (ResNet50), Inception, and Visual Geometry Group-19 (VGG19). The experiments are performed individually on the models and the FL framework. We compared the results using the evaluation metrics and Area Under the Curve (AUC). The preliminary results show the ResNet-50 stands out in performance on the testing dataset producing an accuracy of 93% significantly.

UK data protection and digital information bill explained

It has been more than four years since the EU General Data Protection Regulation (GDPR) was applied to the UK, as supplemented by the Data Protection Act (DPA) 2018.1 Since then, the UK has left the EU. Having reflected on the advantages and disadvantages of the current framework, the government identified and consulted on several areas where it considered improvements could be made that would benefit those who process personal data while retaining high data protection standards. Any revised legislation may have impacts on the UK's adequacy as well as trading abilities throughout the EU. This article will review the current status of the bill together with a review relating to the impact of the proposed legislation within the UK.

Data for Sale: Navigating the Role of Data Brokers and Reproductive Health Information in a Post-Dobbs World

Data privacy is a growing concern in our fast-paced society, as it has become increasingly necessary to relay and retain information digitally. However, the United States trails behind its counterparts in terms of the strength of existing data protection legislation. Unlike the European Union and its General Data Protection Regulation (“GDPR”) law, the United States has no similar comprehensive data protection act. This lack of legislation has led to the exploitation of people’s private data and allowed companies to utilize loopholes in current laws to access sensitive health information. Data brokers have been collecting and reselling consumers’ personal information, including their health data. To combat the actions of data brokers and other parties that might desire to be privy to sensitive data, the bipartisan American Data Privacy and Protection Act (“ADPPA”) has been proposed and is arguably the nation’s first comprehensive legislation affecting information privacy that has a substantial prospect of passage. This case note looks at the history of data brokers and their relationship to the evolving field of data privacy, specifically concerning reproductive health information. Additionally, an overview and comparison of the GDPR is examined. Recent trends in government action concerning the protection of reproductive health information are discussed, and the possible effects of the passage of the ADPPA are considered, too.

Do E-Government Services Affect Jordanian Customer Loyalty?

E-governance could be understood as the performance of the governance via the electronic medium to facilitate a transparent, efficient, and speedy process for making information readily available to the public, government organs, and other social agencies to perform administration activities of the government. Likewise, e-governance has become the most adopted instrument to transform government functionaries in service delivery. Therefore, the current study was carried out to investigate the effect of e-government services dimensions (Protection Perception, Data Protection Act, Available Information, and Government Commitment) on Jordanian customer loyalty. This study adopted a quantitative research method to gather data from customers related to the e-governance service facilities in Jordan. The findings showed that Information and Communication Technology (ICT) advancement through the adoption of e-governance is not significant in Jordan. Along with adoption, the performance indices related to e-governance showed poor performance of the Jordanian government's official website. The commitment such as REACH25 of Jordan aims to digitize government services on the public platform. Absent of a dedicated data protection act and regulation makes it harder for government agencies to deal with the data breach issue. To protect customers' loyalty to the e-governance of Jordan, its government needs to address the grievances of the customers that suffer from online fraud. Accordingly, it has become imperative for the Jordanian government to adopt the best practices of e-governance from developed countries to enhance their customer's experiences. Jordanian government could adopt the data protection act in line with the European Union's general data protection regulation to protect data flow across boundaries. By adopting robust data regulation, the Jordanian government could ensure that the generated data is processed and stored in the country and other regulations regarding sharing data between countries

Comparative study of personal data protection regulations in Indonesia, Hong Kong and Malaysia

PurposeThe purpose of this paper is two-fold: to explore the legal issue of the importance of personal data protection in the digital economy sector and to propose a legal framework for personal data protection as a consumer protection strategy and accelerate the digital economy.Design/methodology/approachThis study is legal research. The research approach used was the comparative approach and statute approach. The legal materials used are all regulations regarding personal data protection that apply in Indonesia, Hong Kong and Malaysia. The technique of collecting legal materials is done by using library research techniques.FindingsThe value of Indonesia’s digital economy is the biggest in the Southeast Asia region, but data breach is still a big challenge to face. The Indonesian Consumers Foundation (Yayasan Lembaga Konsumen Indonesia) recorded 54 cases of a data breach in e-commerce, 27 cases in peer-to-peer lending and 5 cases in electronic money. Based on the results of a comparative study with Hong Kong and Malaysia, Indonesia has yet no specific Act that comprehensively regulates personal data protection. Indonesia also does not have a personal data protection commission. Criminal sanctions and civil claims related to data breaches have not yet been regulated.Research limitations/implicationsThis study examines the data breach problem in the Indonesian digital economy sector. However, the legal construction of personal data protection regulations is built on the results of a comparative study with Hong Kong and Malaysia.Practical implicationsThe results of this study can be useful for constructing the ideal regulation regarding the protection of personal data in the digital economy sector.Social implicationsThe results of the recommendations in this study are expected to develop and strengthen the protection of personal data in the Indonesian digital economy sector. Besides aiming to prevent the misuse of personal data, the regulation aims to protect consumers and accelerate the growth of the digital economy.Originality/valueIndonesia needs to create a personal data protection act. The act should at least cover such issues: personal data protection principles; types of personal data; management of personal data; mechanism of personal data protection and security; commission of personal data protection; transfers of personal data; resolution mechanism of personal data dispute and criminal sanctions and civil claims.

CRIMINAL LIABILITY FOR BREACH OF PERSONAL DATA PROTECTION

The article contains an analysis of the issue of criminal liability for breach of personal data protection in the Personal Data Protection Acts of 1997 and 2018, as well as in the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The author has compared the most important issues related to criminal liability for violation of personal data protection on the basis of the above regulations, because data protection is nowadays a necessary element for us, and violations related to the extortion of personal data should be quickly and effectively enforced by judicial authorities.

Legal risks of using regulatory technologies in business and professional activities

When using artificial intelligence technology in RegTech or SupTech solutions to prevent, detect and control financial crimes such as money laundering, it is necessary to be aware that due to compliance costs, many online financial firms are prohibited from providing financial advice, especially if they process transactions on behalf of clients or provide p2p investment platforms. RegTech streamlines KYC/CDD processes and therefore has the ability to reduce compliance costs. This, in turn, will allow more firms to enter the market to offer services. The regulatory goal of ensuring market integrity directly conflicts with the rights of individuals and the Data Protection Acts. It is argued that data governance will need to be established to protect individual rights and public safety. Furthermore, the question remains unresolved as to whether fiduciary duties can be assumed by robo-advisors or consultants using algorithms. Fiduciary duties may also be modified and limited by the parties. The fiduciary duty concerns what the fiduciary (investment adviser) cannot do (conflict of interest) but should not do (act in the best interest of the client). Consequently, the use of common law principles to protect consumer investors is currently underdeveloped, particularly if the AI seeks to provide access to finance and fill gaps in guidance.

Beyond the ‘Brussels Effect’? Kenya’s Data Protection Act (DPA) 2019 and the European Union’s General Data Protection Regulation (GDPR) 2018

Beyond the ‘Brussels Effect’? Kenya’s Data Protection Act (DPA) 2019 and the European Union’s General Data Protection Regulation (GDPR) 2018

Now you [don’t] see me: how have new legislation and changing public awareness of the UK surveillance state impacted OSINT investigations?

ABSTRACT Open-source intelligence (OSINT) gathering and analysis techniques are used by investigators from a variety of fields, owing to their accessibility and exceptional capacity for corroboration. It has previously been argued that proposed data protection legislation can chill the free press, but there have been no studies assessing the effect of such reforms on more general OSINT capabilities. European Union’s General Data Protection Regulation (GDPR) was implemented in the UK through the 2018 Data Protection Act (DPA) to protect personal data against exploitation. This study surveyed 16 OSINT gathering and analysis practitioners across public and private sectors to determine firstly, what, if any impact the implementation of the GDPR/DPA have had on their ability to successfully operate as OSINT analysts and secondly, if they have noticed any subsequent changes in UK public perception around issues of the surveillance state and digital privacy. I argue that this initial survey shows that the GDPR is merely a first step in establishing societal expectations and regulations around digital privacy. While some changes to OSINT practice have been reported, to date few substantive changes to OSINT methods or analysis resulted or seemed poised to take effect, one year after the advent of the GDPR/DPA.

Cloud Computing Mobile Application for Remote Monitoring of Bell\u2019s Palsy

Mobile applications provide the healthcare industry with a means of connecting with patients in their own home utilizing their own personal mobile devices such as tablets and phones. This allows therapists to monitor the progress of people under their care from a remote location and all with the added benefit that patients are familiar with their own mobile devices; thereby reducing the time required to train patients with the new technology. There is also the added benefit to the health service that there is no additional cost required to purchase devices for use. The Facial Remote Activity Monitoring Eyewear (FRAME) mobile application and web service framework has been designed to work on the IOS and android platforms, the two most commonly used today. Results: The system utilizes secure cloud based data storage to collect, analyse and store data, this allows for near real time, secure access remotely by therapists to monitor their patients and intervene when required. The underlying framework has been designed to be secure, anonymous and flexible to ensure compliance with the data protection act and the latest General Data Protection Regulation (GDPR); this new standard came into effect in April 2018 and replaces the Data Protection Act in the UK and Europe.

Beyond Data Protection to Command and Control (C2) Sustainability in a Post-COVID19 World: Execution of U.S. Data Protection Act for U.S. Data Protection Agency

The current article about execution of the Data Protection Act (DPA) proposal was sent a week before the State of New York state wide shut-down due to the globa

A perspective on categorizing Personal and Sensitive Data and the analysis of practical protection regulations

Abstract The modern era is marked with users' comprehensive manners in interaction and data mining. This phenomenon is an extraordinary aspect of modern digital age. The digital path of a user associated with surfing the webpages on internet is unconditionally interconnected with a small dialogue box asking about permission to use cookies from the website. Afterwards, the relevant user's web-findings of items or information that had been browsed before is recommended automatically from the searching engine again. It is clearly acknowledged that after the announcement of the EU General Data Protection Regulation (GDPR), which was enforced in 2018, the worldwide impact has been evolving on the awareness and specification of the data protection. Therefore, data protection at the present era focusing on the area of fintech services is the research object. The objective of this study is to classify categories and definitions of users' sensitive data. Moreover, it analyses methods of defining sensitive data of the user and their realized activities especially as on-line transactions such as Zhifubao-the biggest “third-party electronic payment service platform”. In the meantime, we evaluate the GDPR, compare to the Data Protection Act (DPA), and discuss whether and to what extent it marked a milestone progress above the current legislation of processing data standards, or whether some obstacles have occurred in law implementation process.

Data Privacy in India: The Information Technology Act

India enacted the Information Technology Act, 2000 and added significant amendments in 2008. India does not have a unified data-protection law like the EU. Instead, like the United States, India's privacy laws are scattered among different statutes. But the ITA is the primary law concerning data protection because it addresses itself to electronic commerce. Even after the 2008 amendments, the overall status of data-protection and privacy law remains unclear. According to one commentator, “most of the rules and regulations of data security, as they exist in the American and European countries’ data protection Acts, have been incorporated in the revamped Information Technology Act of 2008.” But Indian attorney Shojan Jacob, upon reviewing the new 2008 amendments, concludes that its provisions are still “not adequate to meet the needs of the corporate India,” and others agree that India still lacks a comprehensive data-protection law. This paper was written in 2010. I am considering making revisions and updates to reflect to amendments and court decisions.

Applying the Data Protection Act 2018 and General Data Protection Regulation principles in healthcare settings.

The Data Protection Act (DPA) of 1998 was radically updated in 2018 and since then there has been much media coverage about the General Data Protection Regulation (GDPR). Recent headlines have featured well known organisations that have been fined under the DPA 1998. This article describes the recent changes in data protection law, including the principles behind the DPA and GDPR, highlights patients' rights and how nurses can advocate for the protection of patients' personal data, and outlines nurses' role in ensuring that the principles of data protection are implemented fully as part of patient care delivery.

Data protection is changing − the new general data protection regulations (GDPR)

Abstract: The General Data Protection Regulations (GDPR) govern the use of personal data within the European Union as from 25th May 2018. This supersedes the legislation of the Data Protection Act (DPA). Whilst it has many similarities to the DPA, it has significant enhancements that require active engagement to ensure compliance. It is a requirement for practices to appoint a Data Protection Officer, pay the Information Commissioners Office (ICO) fee, update their privacy notices, create written contracts between controllers and processors, identify and document the lawful basis for processing data, and comply with the rights of individuals. CPD/Clinical Relevance: Data protection regulations have changed as part of EU legislation. These changes applied from 25th May 2018 and are applicable to all.

КАК ЭКОСИСТЕМА ВИРТУАЛЬНЫХ АССИСТЕНТОВ МОЖЕТ ОБЕСПЕЧИТЬ БЕЗОПАСНОСТЬ ПЕРСОНАЛЬНЫХ ДАННЫХ

Number of cybercrimes is constantly rising both in Europe, and around the world. The costs incurred from such malicious activities are rising correspondingly. According to the data collected by Jupiter Research these costs increased from $1.5 trillion in 2015 to $2 trillion in 2019. That is why European Union is expected to introduce major changes to the Personal Data Protection Acts which stayed mostly unchanged since the 1990s. The consequences of those changes will be felt in countries beyond the European Union. The personal data of internet users have long become a commodity on the e-commerce market. Yet the manipulations with the personal data cause concerns among both the users, who do not fully realize how and to what purposes their data are used, and governments, who try to protect the confidentiality remains by the law. Despite that the number of incidents with data leaks continues to rise exponentially. In December 2017 the lawyers from Hill Dickinson, a UK commercial law firm, filed a lawsuit against Google regarding unlawful collection of the iPhone users’ data. Another company that is about to have problems with law is Uber Technologiesm, which sent SMS messages to its clients without obtaining formal permissions for that. Finally, in March 2018 it was Facebook which had to explain the way the personal data on more than 80 million users have leaked and ended up in the hands of a third party. The authors of this article assessed the possibilities for introducing the ecosystem of virtual assistants and blockchain technology for safe and depersonalized data processing as well as its further use. This system opens broad unexpected opportunities for the machine-to-machine-marketing.

Jawność zewnętrzna postępowania przygotowawczego na tle art. 12 ustawy Prawo o prokuraturze

The aim of the following article is to discuss the issues of the power of the prosecutor to reveal information pertaining to ongoing preparatory proceedings in the light of the new regulations determined by Article 12 of the Act of January 28, 2016, the Law on the Prosecutor’s Office. The aforementioned regulation constitutes an important exception to the general rule of confidentiality of preparatory proceedings, which heavily informs the scope of the analysis. Moreover, the author discusses the relationship between Article 12 of the Law on the Prosecutor’s Office and earlier regulations regarding the revealing of information regarding preparatory proceedings included in the following acts: press law, law on access to public information, personal data protection act, supplemented with relevant regulations of the Criminal Code and Code of Criminal Procedure. In addition, the author discusses the consequences of the analyzed regulation for the interest of the criminal justice system, the interest of the public, as well as the interest of the parties in the proceedings, which has allowed her to assess the justification for that regulation and the necessity of implementing it in Polish legal system.