Data Protection Law Research Articles

Ordem e progresso? Analisando as respostas brasileiras aos cibercrimes

The cyber threat has become an increasingly important issue in recent years. Although the problem is global, it affects some countries more than others. This is the case in Brazil, which has become a focal point for cyber attacks. The main goal of this article is to analyze the Brazilian state’s responses to high-profile cybercrimes. The article provides a contextual overview of how significant incidents have shaped Brazil’s legislative response to cybercrime, particularly in the General Data Protection Law and the Carolina Dieckmann Law. It contributes to a research agenda focused on analyzing how and why some activities are criminalized while others are not, and also helps to understand the priorities and perceptions of different states.

Implementation and Execution of Big Data-based Studies in Ophthalmology within the Framework of the GDPR.

The processing of the retrospective data pool for ophthalmology holds huge potential, especially for the research sector. "Big Data" enables medical science to draw conclusions for the future from historical data. Based on the evaluation of such data, algorithms could be trained, for instance, that are capable of making decisions with the help of artificial intelligence. As a result, the medical decision-making process on certain issues could be accelerated, enriched in qualitative and quantitative terms, or even completely be taken over. Ophthalmology is a rapidly evolving field. Due to the multitude of partly automated medical imaging technologies and the predestined accessibility of the eye for such technologies, ophthalmology, similarly to radiology or dermatology, is well suited for artificial intelligence-assisted image data analysis and the frequently associated initiation of diagnosis and therapy. Meanwhile, numerous studies exist based on AI-assisted image data analysis of ophthalmological image data. To the extent that the algorithms filter out results from the data pools by means of calculation rules and are even capable of making independent decisions on the basis of decision trees, the enormous benefit and, simultaneously, the profit for scientific research is quite obvious. Accordingly, it would be desirable to have unrestricted and comprehensive possibility of corresponding data processing of these health data for ophthalmological research. In spite of the potential for ophthalmology, for which there is only fragmentary evidence, the question of practical feasibility arises. In particular, the legal requirements and limits of European and national data protection law must be taken into account, prior to any unreflected processing of personal (health) data. Only by doing so can we circumvent existing obstacles and pitfalls, which can lead to severe fines. Most important are to date the requirements of two legal texts: The General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). This article provides an overview of the relevant legal requirements applicable in the field of ophthalmology and highlights the major pitfalls and implementation requirements.

CareerConnector

Abstract: CareerConnector is an innovative online platform designed to facilitate efficient job searching and recruitment processes, connecting job seekers with potential employers. Powered by a robust technology stack, with .Net serving as the backend language, CareerConnector offers a seamless user experience for both job seekers and employers. Key functionalities encompass user registration and profile creation, advanced job search and filtering, streamlined job posting and application processes, user notifications, and an array of administrative tools for platform management. Additionally, the system incorporates advanced features such as resume upload and parsing, applicant tracking, machine learning-driven job recommendations, and user feedback and review systems.CareerConnector places paramount importance on data privacy and security, adhering to pertinent data protection laws while implementing stringent encryption measures. Scalability and performance optimization are integral to ensuring a smooth and responsive user experience, even as the platform expands. By embracing.Net as the backend language, CareerConnector benefits from its reputation for reliability, scalability, and a wealth of community support. .Net , including React.js, provide the essential infrastructure for handling HTTP requests and database interactions. The ultimate aim of CareerConnector is to create a dynamic, user-centric job portal that effectively bridges the gap between job seekers and employers. By streamlining the job search and recruitment process, it contributes to a more efficient and vibrant

Legal accountability and ethical considerations of AI in financial services

Artificial Intelligence (AI) is revolutionizing the financial services industry, offering unparalleled opportunities for efficiency, innovation, and personalized services. However, along with its benefits, AI in financial services raises significant legal and ethical concerns. This paper explores the legal accountability and ethical considerations surrounding the use of AI in financial services, aiming to provide insights into how these challenges can be addressed. The legal accountability of AI in financial services revolves around the allocation of responsibility for AI-related decisions and actions. As AI systems become more autonomous, questions arise about who should be held liable for AI errors, misconduct, or regulatory violations. This paper examines the existing legal frameworks, such as data protection laws, consumer protection regulations, and liability laws, and assesses their adequacy in addressing AI-related issues. Ethical considerations in AI implementation in financial services are paramount, as AI systems can impact individuals' financial well-being and access to services. Issues such as algorithmic bias, transparency, and fairness are critical in ensuring ethical AI practices. This paper discusses the importance of ethical guidelines and frameworks for AI development and deployment in financial services, emphasizing the need for transparency, accountability, and fairness. The paper also examines the role of regulatory bodies and industry standards in addressing legal and ethical challenges associated with AI in financial services. It proposes recommendations for policymakers, regulators, and industry stakeholders to promote responsible AI practices, including the development of clear guidelines, enhanced transparency measures, and mechanisms for accountability. Overall, this paper highlights the complex interplay between AI, legal accountability, and ethical considerations in the financial services industry. By addressing these challenges, stakeholders can harness the full potential of AI while ensuring that it is deployed in a responsible and ethical manner, benefiting both businesses and consumers.

Security and Privacy Concerns in Implementing a Unified Health Interface (UHI) in the Indian Context

The Unified Health Interface (UHI) holds immense potential to revolutionize healthcare delivery in India by enabling seamless data exchange between patients and healthcare providers. However, its successful implementation hinges on effectively addressing critical security and privacy concerns. This paper presents a critical analysis of these concerns within the unique context of India's healthcare ecosystem. Drawing on existing research and relevant Indian regulations, the paper delves into potential security vulnerabilities like data breaches, data manipulation, and insider threats. It further explores privacy anxieties surrounding unauthorized access, data sharing for secondary uses, and the potential for surveillance and profiling. Recommendations are proposed to mitigate these risks, including strengthening the legal framework through robust data protection laws, implementing advanced technological safeguards, and fostering public awareness and healthcare professional training. By addressing these concerns proactively, India can ensure a secure and trustworthy UHI environment that empowers patients and healthcare providers while safeguarding sensitive medical information. Keywords: Unified Health Interface (UHI) , Security concerns, Privacy concerns, Healthcare data, Patient privacy, Digital health.

Big data and AI in employment: The dual challenge of workforce replacement and protecting customer privacy in biometric data usage

The integration of Artificial Intelligence (AI) and Big Data is ushering in profound transformations across various industries, with biometric data usage standing out due to its deep implications for workforce dynamics and customer privacy. This review article critically examines the dual challenges presented by AI-driven automation and the extensive use of biometric data analytics, focusing on the resultant job displacement and escalating privacy concerns. Biometric technologies such as facial recognition, fingerprint identification, and voice analysis are increasingly deployed across sectors including finance, healthcare, and retail. These technologies aim to enhance security measures, improve user experience, and optimize operational efficiencies. However, they also bring to light substantial ethical dilemmas, particularly concerning the privacy of individuals and the security of the data being collected. The pervasive collection and analysis of biometric data can lead to invasive surveillance and profiling, exacerbating risks to personal privacy. Moreover, the use of AI in automating tasks that were traditionally performed by human workers is leading to significant shifts in employment structures. While AI can increase efficiency and reduce costs, it also raises the specter of widespread job displacement. This potential for automation-driven unemployment is especially pronounced in sectors that heavily utilize routine, repetitive tasks, posing critical socio-economic challenges. This article also explores the regulatory and technological frameworks currently in place, and those that are needed to address these challenges. The effectiveness of existing data protection laws, such as the General Data Protection Regulation (GDPR) in the European Union, and the California Consumer Privacy Act (CCPA) in the United States, is assessed in the context of AI and biometric data. We discuss the role of policy in shaping the ethical use of AI and protecting workers, along with the technological safeguards that could be implemented to secure biometric data and ensure privacy. By synthesizing insights from recent research, case studies, and expert analyses, this article provides a comprehensive overview of how AI and Big Data are reshaping the landscape of work and privacy. It critically discusses the need for a balanced approach that harnesses the benefits of technological advancements while safeguarding individual rights and employment security.

Establishing Consumer Trust Through Data Protection Law as a Competitive Advantage in Indonesia and India

Data protection laws play a crucial role in enhancing consumer trust in the digital economy, especially with the rise of online cybersecurity threats due to firm expansion. Despite advances, personal data protection laws remain controversial globally, with challenges in implementation hindering progress in some regions. This research examines the competitive advantage of building consumer trust through the Personal Data Protection Law. This research uses juridical-normative research with a legislative approach and comparison with other countries. A comparison was made with India, one of the countries with higher awareness of the importance of personal data protection laws than other countries. The results show that Consumer trust in a company is measured by the extent to which they believe the company will protect their data. Public privacy policies and government regulations that enforce data security measures and increase transparency positively impact trust by reducing concerns about privacy risks. Although data protection laws have been introduced, obstacles such as lack of legal assistance and overlapping sectoral regulations still exist, hindering the smooth implementation of these laws. Nevertheless, implementing data protection laws, such as Indonesia's Private Data Protection Law No. 27 of 2022 and India's Digital Personal Data Protection Act of 2023, is crucial for boosting consumer confidence and regulating data processing. Data security is critical in establishing and maintaining consumer trust in companies as online cybersecurity threats increase with business expansion.

A Secure Data Publishing and Access Service for Sensitive Data from Living Labs: Enabling Collaboration with External Researchers via Shareable Data

Intending to enable a broader collaboration with the scientific community while maintaining privacy of the data stored and generated in Living Labs, this paper presents the Shareable Data Publishing and Access Service for Living Labs, implemented within the framework of the H2020 VITALISE project. Building upon previous work, significant enhancements and improvements are presented in the architecture enabling Living Labs to securely publish collected data in an internal and isolated node for external use. External researchers can access a portal to discover and download shareable data versions (anonymised or synthetic data) derived from the data stored across different Living Labs that they can use to develop, test, and debug their processing scripts locally, adhering to legal and ethical data handling practices. Subsequently, they may request remote execution of the same algorithms against the real internal data in Living Lab nodes, comparing the outcomes with those obtained using shareable data. The paper details the architecture, data flows, technical details and validation of the service with real-world usage examples, demonstrating its efficacy in promoting data-driven research in digital health while preserving privacy. The presented service can be used as an intermediary between Living Labs and external researchers for secure data exchange and to accelerate research on data analytics paradigms in digital health, ensuring compliance with data protection laws.

HIPAA: A Demand to Modernize Health Legislation

In the 21st-century digital age, health data privacy remains a crucial concern. This paper evaluates the effectiveness of the Health Insurance Portability and Accountability Act, known as HIPAA. More specifically, it demonstrates a need for a unified federal framework in the U.S. that aligns with General Data Protection Regulation’s protections to address modern-day cybersecurity threats better. This article argues that in an era of increased globalization, the United States should confront the task of reforming its healthcare data protection law to align with current cybersecurity risks.  We begin by examining landmark legislation across American states to reveal inconsistencies between state and federal protective rulings. Later, we uncover the reactive nature of HIPAA, in contrast to GDPR’s proactive and citizen-centric approach. Through evaluating past lawsuits related to patient protection noncompliance, this paper depicts significant differences in the purpose, coverage, and execution of data protection laws between the United States and the European Union. It highlights GDPR’s effectiveness in granting individuals greater control over their data. Furthermore, this article proposes the adoption of newfound systems for standardized risk analysis and enhanced security across healthcare providers. As healthcare becomes more accessible to the American public, the amount of data in this system increases. This nationwide surge in data underscores the critical need to assess whether privacy laws established in the 1990s remain sufficient. Therefore, updates to healthcare legislation are essential to establishing stringent patient protections in response to the significant rise in data breach incidents within the healthcare network.   

A review on legal issues of medical robots.

This paper examines the legal challenges associated with medical robots, including their legal status, liability in cases of malpractice, and concerns over patient data privacy and security. And this paper scrutinizes China's nuanced response to these dilemmas. An analysis of Chinese judicial practices and legislative actions reveals that current denial of legal personality to AI at this stage is commendable. To effectively control the financial risks associated with medical robots, there is an urgent need for clear guidelines on responsibility allocation for medical accidents involving medical robots, the implementation of strict data protection laws, and the strengthening of industry standards and regulations.

Cross-border data sharing through the lens of research ethics committee members in sub-Saharan Africa.

Several factors thwart successful data sharing-ambiguous or fragmented regulatory landscapes, conflicting institutional/researcher interests and varying levels of data science-related expertise are among these. Traditional ethics oversight mechanisms and practices may not be well placed to guarantee adequate research oversight given the unique challenges presented by digital technologies and artificial intelligence (AI). Data-intensive research has raised new, contextual ethics and legal challenges that are particularly relevant in an African research setting. Yet, no empirical research has been conducted to explore these challenges. We explored REC members' views and experiences on data sharing by conducting 20 semi-structured interviews online between June 2022 and February 2023. Using purposive sampling and snowballing, we recruited representatives across sub-Saharan Africa (SSA). We transcribed verbatim and thematically analysed the data with Atlas.ti V22. Three dominant themes were identified: (i) experiences in reviewing data sharing protocols, (ii) perceptions of data transfer tools and (iii) ethical, legal and social challenges of data sharing. Several sub-themes emerged as: (i.a) frequency of and approaches used in reviewing data sharing protocols, (i.b) practical/technical challenges, (i.c) training, (ii.a) ideal structure of data transfer tools, (ii.b) key elements of data transfer tools, (ii.c) implementation level, (ii.d) key stakeholders in developing and reviewing a data transfer agreement (DTA), (iii.a) confidentiality and anonymity, (iii.b) consent, (iii.c) regulatory frameworks, and (iii.d) stigmatisation and discrimination. Our results indicated variability in REC members' perceptions, suboptimal awareness of the existence of data protection laws and a unanimously expressed need for REC member training. To promote efficient data sharing within and across SSA, guidelines that incorporate ethical, legal and social elements need to be developed in consultation with relevant stakeholders and field experts, along with the training accreditation of REC members in the review of data-intensive protocols.

Behind Closed Lenses: Analyzing the Efficacy of Personal Data Protection Laws in Combatting Hidden Cameras

This study explores the effectiveness of personal data protection against hidden camera recordings in Batam City, which are used to identify a person and used for personal purposes, a problem in Indonesia despite the issuance of Act Number 27 of 2022 on Personal Data Protection. This research focuses on the aspects of legal protection and sanctions received by perpetrators of personal data and privacy sharing crimes; this study also identifies the challenges and opportunities Indonesian people face regarding their privacy in public places. The concept of personal data protection is analyzed through an empirical legal research method with a descriptive-qualitative approach, considering the current Indonesian legal framework. This research also involves Soerjono Soekanto's Theory of Legal Effectiveness and Chambliss and Seidman's Theory of the Working of Law, which will assist in elaborating the research. This research highlights the importance of public awareness and the role of supervisory agencies in addressing the risks of privacy-infringing camera recordings. The results show the need for a collaborative strategy between the government and society to strengthen personal data protection. The results of this study can assess the effectiveness of the enforcement of the PDP Law in Batam City through five factors and how the regulation in Indonesia overshadows the problems faced, such as the lack of law enforcement roles in Batam City and the lack of reminders such as facilities that can be a bridge for the public to know the prohibition of installing hidden cameras in public places that can endanger the public.

Implementasi Nilai-Nilai Kebangsaan Berbasis UUD 1945 Guna Mendukung Sistem Cyber Security Dalam Penggunaan Sistem Informasi Akademik (SIA) Di Institusi Perguruan Tinggi

Cyber Security for Higher Education Academic Information System (AIS) data is an increasingly important issue along with the increasing dependence of higher education on information technology. Students have their education data in the Academic Information System (AIS) which is owned by each campus. Campuses are obliged to give their students the right to privacy and the right to information. The right to privacy and limitations on the right to information include state protection of personal data. In this way, students have the right to receive protection for their personal data in the academic information system (AIS). This is regulated by the 1945 Constitution (UUD 1945) and the Personal Data Protection Law (UU PDP), which are an important foundation for regulations on data management and cyber security systems. This research uses a journal literature review method which aims to investigate the security threats faced by Academic Information System (AIS) data and to design effective protection strategies. The methods used include risk analysis, identification of system vulnerabilities, and development of appropriate security policies. The findings show that sensitive data such as student personal information and academic records are the main targets for attackers. Therefore, the need to implement security measures such as data encryption, use of double authentication, strict system monitoring, as well as training for information system users is very important. Through a policy analysis approach and literature study, this research aims to identify strategies and best practices in integrating national values into cyber security policies and practices. It is hoped that this research will provide an overview of the importance of national principles in terms of cyber security in higher education. It will also provide recommendations for institutions to improve academic information systems in accordance with the country's constitution.

Cross-jurisdictional Data Transfer in Health Research: Stakeholder Perceptions on the Role of Law

Large data-intensive health research programmes benefit from collaboration amongst researchers who may be located in different institutions and international contexts. However, complexities in navigating privacy frameworks and data protection laws across various jurisdictions pose significant challenges to researchers seeking to share or transfer data outside of institutional boundaries. Research on the awareness of data protection and privacy laws amongst stakeholders is limited. Our qualitative study, drawn from a larger project in Singapore, revealed insights into stakeholders’ perceptions of the role of law in cross-national health data research. Stakeholders in our study demonstrated a range of perceptions regarding the role of data protection law in governing the collection and transfer of health data for research. The main criticisms included inadequate legal protection to data and lack of uniformed data protection standards. Despite these criticisms, participants recognised the importance of data protection law in supporting cross-border data transfers and proposed measures to improve perceived limitations of existing laws. These measures include strengthening existing legal framework, establishing contractual agreements and imposing severe punishments for data misuse.

KYC using Smart Contract over Blockchain

Know Your Customer (KYC) is a requirement for financial institutions to use identity, qualification and risk to identify customers when establishing a banking relationship. With the focus on security, the KYC process has become difficult and costly to complete for any customer. In this article, we propose a convenient, instant, secure and transparent banking system KYC certification platform through Inter Planetary File System (IPFS) and block-chain technology. The system allows customers to open an account at any bank, complete the KYC process there, generate hashes using the IPFS network, and distribute them to other banks using the legacy urine of block-chain technology. Using a private key, all banks/financial institutions can use the IPFS network to securely store and store customer information (e.g. KYC) if the customer wants to open another account with that bank/financial institution. Additionally, leveraging block-chain technology ensures immutability and transparency of KYC information, thereby increasing security and reducing the risk of fraud or misuse of information. Storing hashed KYC data on the IPFS network ensures that important customer data remains transparent and accessible only to authorized users, thus maintaining confidentiality and compliance with data protection laws. In addition, the processes that this new system can easily adjust will increase efficiency in the banking sector, allowing companies to allocate resources more efficiently and focus on providing better customer service. By sharing KYC credentials across multiple banks, customers benefit from a quicker and faster account opening process; When banks come voluntarily, it builds trust and reduces the risks associated with new customers. Overall, the integration of block-chain and IPFS technology into the KYC process should transform the banking industry by providing efficient, secure and transparent solutions that enable customer satisfaction and compliance.

Balancing the autonomy and protection of children: competency challenges in data protection law

ABSTRACT This article considers some complexities surrounding the determination of child competency in matters of data protection. Focusing on the Information Commissioner's Office (ICO) guidelines, the article highlights the apparently pivotal role competency plays in granting children the ability to exercise their data protection rights and interests. The article critically examines the inherent challenges arising from the ICO's approach, emphasising the reliance on data controllers to independently assess the competency of child data subjects. The inherent problematic nature of this approach is scrutinised, shedding light on potential shortcomings and raising questions about the effectiveness and fairness of such assessments.

Introduction to Data Protection Frameworks: A Review

In the digital era, where data breaches are prevalent and harmful, "An Introduction to Data Protection Frameworks: A Review" provides a critical analysis of mechanisms aimed at safeguarding personal data. The review commences by discussing data protection, underscoring its significance as a basic right and its pivotal role in the digital realm. It then explores the historical backdrop, tracing the progression of data protection laws from their origins to the extensive frameworks in place today. The review meticulously details the fundamental principles of data protection—fairness, accuracy, minimization, and accountability—which form the bedrock of efficient data management. Additionally, it highlights the rights of data subjects, such as access, rectification, and erasure, empowering individuals amidst the rise of data-driven practices. It further delves into the obligations of data controllers and processors, stressing the importance of adherence and integrity in data management. The paper also conducted a comparative examination of global frameworks such as the GDPR, which is critical for international data regulation. Lastly, the review explores the obstacles and future prospects of data protection, recognizing the challenges posed by technological progress and the global exchange of information.

Pre-installed cameras in vehicles—New technology from a data protection law perspective

This article assesses whether the rules of the General Data Protection Regulation (GDPR) apply to cameras installed in vehicles, as well as how their use can be GDPR compliant and who is ultimately responsible for this. With the adoption of the GDPR, citizens of the EU now benefit from increased protection of their privacy, as the purpose of the Regulation is to lay down rules on the protection of natural persons in connection with the processing of personal data. The Regulation sets out several conditions for when and how personal data may be processed. These are reviewed in the following with a focus on cameras in cars.

Leveraging Privacy Torts: A Case for Statutory Damages under European Data Protection Law

Leveraging Privacy Torts: A Case for Statutory Damages under European Data Protection Law

A Comparative Legal Analysis on Personal Data Protection Laws in Selected ASEAN Countries

A Comparative Legal Analysis on Personal Data Protection Laws in Selected ASEAN Countries