Data Protection Issues Research Articles

BIG DATA TUSHUNCHASI VA HUQUQIY TABIATI

This article describes and analyzes the concept of Big Data, its origin, the opinions of scientists, its legal nature, and its characteristics. Several leading theories and concepts regarding the legal nature and status of Big Data are explored. The content of the theory of information properties (IPT) and the theory of datafication is revealed. The importance of Big Data in determining its legal status is emphasized. Several theories and concepts that are important for understanding and recognizing the material value of Big Data are touched upon. Ownership is considered a fundamental aspect (element) of Big Data ownership, and several theories and concepts are analyzed that offer different approaches to determining the ownership of data. In particular, the content of the theory of the concepts of appropriation, access, and control is revealed. Due to its specific characteristics, such as the volume, variety, and speed of data processing, Big Data creates new problems and issues in the field of legal protection. The activities of international organizations dealing with legal data protection issues are analyzed. The theories and concepts of the transfer of ownership of Big Data and its legal consequences are comparatively studied. The legal status of Big Data in Uzbekistan and its legal framework are highlighted, and the current legislation is analyzed.

Understanding privacy and data protection issues in learning analytics using a systematic review

The field of learning analytics has advanced from infancy stages into a more practical domain, where tangible solutions are being implemented. Nevertheless, the field has encountered numerous privacy and data protection issues that have garnered significant and growing attention. In this systematic review, four databases were searched concerning privacy and data protection issues of learning analytics. A final corpus of 47 papers published in top educational technology journals was selected after running an eligibility check. An analysis of the final corpus was carried out to answer the following three research questions: (1) What are the privacy and data protection issues in learning analytics? (2) What are the similarities and differences between the views of stakeholders from different backgrounds on privacy and data protection issues in learning analytics? (3) How have previous approaches attempted to address privacy and data protection issues? The results of the systematic review show that there are eight distinct, intertwined privacy and data protection issues that cut across the learning analytics cycle. There are both cross‐regional similarities and three sets of differences in stakeholder perceptions towards privacy and data protection in learning analytics. With regard to previous attempts to approach privacy and data protection issues in learning analytics, there is a notable dearth of applied evidence, which impedes the assessment of their effectiveness. The findings of our paper suggest that privacy and data protection issues should not be relaxed at any point in the implementation of learning analytics, as these issues persist throughout the learning analytics development cycle. One key implication of this review suggests that solutions to privacy and data protection issues in learning analytics should be more evidence‐based, thereby increasing the trustworthiness of learning analytics and its usefulness. Practitioner notesWhat is already known about this topic Research on privacy and data protection in learning analytics has become a recognised challenge that hinders the further expansion of learning analytics. Proposals to counter the privacy and data protection issues in learning analytics are blurry; there is a lack of a summary of previously proposed solutions. What this study contributes Establishment of what privacy and data protection issues exist at different phases of the learning analytics cycle. Identification of how different stakeholders view privacy, similarities and differences, and what factors influence their views. Evaluation and comparison of previously proposed solutions that attempt to address privacy and data protection in learning analytics. Implications for practice and/or policy Privacy and data protection issues need to be viewed in the context of the entire cycle of learning analytics. Stakeholder views on privacy and data protection in learning analytics have commonalities across contexts and differences that can arise within the same context. Before implementing learning analytics, targeted research should be conducted with stakeholders. Solutions that attempt to address privacy and data protection issues in learning analytics should be put into practice as far as possible to better test their usefulness.

Enhancing Data Protection in Dynamic Consent Management Systems: Formalizing Privacy and Security Definitions with Differential Privacy, Decentralization, and Zero-Knowledge Proofs.

Dynamic consent management allows a data subject to dynamically govern her consent to access her data. Clearly, security and privacy guarantees are vital for the adoption of dynamic consent management systems. In particular, specific data protection guarantees can be required to comply with rules and laws (e.g., the General Data Protection Regulation (GDPR)). Since the primary instantiation of the dynamic consent management systems in the existing literature is towards developing sustainable e-healthcare services, in this paper, we study data protection issues in dynamic consent management systems, identifying crucial security and privacy properties and discussing severe limitations of systems described in the state of the art. We have presented the precise definitions of security and privacy properties that are essential to confirm the robustness of the dynamic consent management systems against diverse adversaries. Finally, under those precise formal definitions of security and privacy, we have proposed the implications of state-of-the-art tools and technologies such as differential privacy, blockchain technologies, zero-knowledge proofs, and cryptographic procedures that can be used to build dynamic consent management systems that are secure and private by design.

Legal regulation for sale of goods and supply digital content in EU – analysis of novelties of new EU directives

This article is devoted to the study of new legislative instruments of the European Union in the field of unification of European contract law, namely: Directive 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods and Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services of 20 May 2019. Considerable attention is paid to the study of the novelties of these legal acts, including: determining the compliance of goods, digital content and digital services with the terms of the contract, researching and establishing the criteria for such compliance, and identifying additional information obligations of the seller and supplier of digital content, digital services and goods with digital elements.
 Particular attention is focused on the seller’s (supplier’s) obligations to periodically update the buyer’s (recipient’s) software in order to ensure the functioning of digital content (goods with digital elements) throughout the entire term of the contract, in accordance with its terms.
 The authors analyze the presumption of non-compliance of goods with the terms of the contract and prove that the burden of proof of compliance of the transferred goods with the terms of the contract rests with the seller (supplier).
 The article pays special attention to the issues of personal data protection, monetization of personal data of the buyer (recipient) of digital content and digital services.
 The authors analyze the ways of protecting the violated rights of the buyer (recipient), and study the environmental friendliness of the legal provisions of the new directives in the field of restoration of the violated rights of the buyer in case of failure to transfer goods, goods with digital elements, digital content, or transfer of goods that do not comply with the terms of the contract.
 The authors conclude that, given the problems and prospects for the development of the circular economy, and with a view to determining the disproportionality of the remedy chosen by the buyer, it is advisable to enshrine in the legislation on sale and purchase the requirement to take into account the impact of this remedy on the environment.

Proč bychom měli a neměli využívat ChatGPT v gastroenterologii?

Summary: Artificial intelligence (AI) is increasingly being incorporated into medicine, including gastroenterology, opening new possibilities for the diagnosis and treatment of digestive tract diseases. ChatGPT, an AI model based on the GPT-4 architecture, has the potential to accelerate diagnosis and treatment, personalize care, educate, and train healthcare professionals, support decision-making, and improve communication with patients. However, with the use of AI come challenges such as the limited ability of AI to replace human judgment, data errors, issues related to security and personal data protection, and implementation costs. The future of ChatGPT in gastroenterology depends on its ability to process and analyze large amounts of data to identify patterns and create individual treatment plans. Thanks to advancements in AI and machine learning, ChatGPT is becoming more accurate and efficient, enabling faster diagnosis and treatment of gastroenterological diseases. In the field of education, ChatGPT will serve as an invaluable source of information on the latest research articles and procedures. Despite the benefits of AI in gastroenterology, it is essential to address issues of ethics, data protection, and collaboration between AI and healthcare professionals. Ensuring proper protocols and procedures will enable the safe and ethical use of AI in medicine. Although AI offers significant potential for improving the quality of care, it is necessary to address challenges associated with data protection, security, and ethics. Key words: artificial intelligence – AI – ChatGPT – gastroenterology

IMPLEMENTATION OF THE PRINCIPLES OF ADMINISTRATIVE PROCEDURE IN THE PROVISION OF DIGITAL PUBLIC SERVICES: EU EXPERIENCE AND UKRAINIAN PRACTICE

The article is devoted to the implementation of the principles of administrative procedure in the provision of digital public services, focusing on the experience of EU countries and Ukrainian practice. The purpose of the study is to analyse the application of administrative procedural principles in the provision of digital public services, to assess the effectiveness of their implementation and to draw lessons for improving digital public services. The subject of the study is the search for ways to improve Ukrainian legislation on the administrative procedure of providing digital government services in accordance with the standards of EU countries. Methodology. The study uses general and special methods of scientific cognition. The method of analysis and synthesis makes it possible to analyse EU legislation and standards, national legislation, data from international official ratings, scientific publications, strategies and expert reviews in order to identify specific features of digital governance systems in EU countries. The comparative legal method makes it possible to see the main trends in the development of digital government initiatives, to outline the main directions and vectors of their implementation, and also to highlight the Ukrainian context of digital transformation and e-government initiatives with EU countries and. The systems method allows for a comprehensive study of the principles of administrative procedure, such as transparency, accessibility, efficiency and user-centredness, in the provision of digital public services in the context of digital governance. The comparative analysis method highlights the specifics of legal regulation of digital innovations in public administration in EU countries as well as in Estonia, Germany and Poland. Results. It has been established that EU countries have made significant progress in integrating the principles of administrative procedures into the provision of digital services, which has led to increased efficiency, user satisfaction and trust in public services. Ukrainian practice shows progress in aligning with these principles, with notable progress in expanding the availability of e-services and increasing automation. However, challenges remain in relation to ethical and legal frameworks, data protection and copyright issues in the use of digital technologies. This study contributes to the understanding of best practices in this area and offers practical recommendations for the further development of digital public services in Ukraine.

Analisis Perbandingan Regulasi dan Perlindungan Hukum atas Privasi Data Pasien di Tiga Negara Asia Tenggara (Indonesia, Singapura, dan Laos)

Legislation and legal protection of patient data privacy in e-health systems in Indonesia, Singapore, and Laos will be compared in this study. The present analysis highlights the strengths and weaknesses of the regulatory framework, identifies challenges, and suggests future directions to improve patient data privacy of patient. The findings reveal that while all three countries have established laws and regulatory bodies to address patient data privacy, Singapore stands out for its comprehensive and robust framework. Singapore's Personal Data Protection Act (PDPA), backed by effective enforcement measures, addresses several different data protection and privacy rights issues. While efforts have been made by Indonesia and Laos to regulate patient data privacy, there is still room for improvement, particularly in enforcement methods and compliance with international standards. Identified challenges include limited resources, awareness and compliance gaps, cybersecurity risks, and cross-border data sharing. Some directions for the future include strengthening enforcement mechanisms, increasing international collaboration to harmonize data protection standards, promoting data governance and accountability within healthcare organizations, increasing public awareness and empowering patients, and continuously evaluating and adapting regulatory frameworks to address evolving risks and technological advancements.

The concept of the informational state: the principles of formation and the main challenges in modern conditions

This article analyzes the concept of an informational state and examines its specific characteristics along with the consequences of its functioning for the development of democracy. It argues that the informational state is characterized by a shift from traditional bureaucratic structures to more flexible networked structures that rely on digital technologies to collect, process, store and disseminate information. This changes ignificantly affects implementation of state management functions and causes the emergence of new forms of interaction between citizens and a state, including new tools of citizen participation, transparency and accountability. The aim of this article is to substantiate the concept of "informational state" based on the analysis of domestic and foreign studies of deep transformations caused by the active penetration of information and communication technologies into all spheres of social relations and state functioning. The concept of the informational state creates a foundation for further understanding of how digital technologies transform the relationship between a state and its citizens. While informational state offers many advantages for the functioning of a democratic political regime, it also faces several problems that require quick and radical solutions.These include data protection and privacy issues, technological gap, information overload, and cyber security threats. The transition of modern democracies to a new stage of their development dictates the need for research and scientific substantiation of the concept of the informational state aimed at its further instrumentalization and adaptation to social and political processes, in particular in Ukraine. Since information has penetrated into all spheres of social and political relations, there is a need for securing its normative and legal foundations. Key words: informational state, information society, transparency and accountability of state power, democracy, information and communications technologies, freedom of speech, disinformation.

Rola i zadania Inspektora Ochrony Danych w Archiwach Państwowych – próba oceny z perspektywy pięciu lat po wprowadzeniu unijnego ogólnego rozporządzenia o ochronie danych osobowych (RODO)

This article aims to assess the issue of data protection and the role and tasks of theData Protection Offi cer in the National Archives. With the introduction of the EU Data Protection Regulation (GDPR), much has changed in the perception of those who deal with these issues. The Data Protection Offi cer’s main concern is the proper handling of records that are produced in the process of any organizational unit’s activities, including those of the State Archives. The role and responsibilities of the Data Protection Offi cer in the state archives are the same as in other organizations. Due to the nature of the activities of the state archive network and the specifi c nature of an institution such as the archives, the duties of the Data Protection Offi cer are extremely important. On the one hand, the state archives service holds records with permanent retention, i.e. category A, and on the other hand it operates like a normal offi ce serving the public with its organizational structure. The management of information security in the age of the knowledge society is the key issue in any institution, for which the Data Protection Offi cer is responsible. The information security system itself must be well designed and thought out. The EU legislator intended the function of the Data Protection Offi cer to protect our privacy as well. The system of personal data protection has been in place in Poland for twenty-six years, and after the implementation of the GDPR (along with penalties for improper processing of personal data), we are increasingly considering it as our inalienable right to have our personal data well processed and not shared with unauthorized persons.

Privacy and Data Protection in ChatGPT and Other AI Chatbots

The evolution of artificial intelligence (AI) and machine learning (ML) has led to the development of sophisticated large language models (LLMs) that are used extensively in applications such as chatbots. This research investigates the critical issues of data protection and privacy enhancement in the context of LLM-based chatbots, with a focus on OpenAI's ChatGPT. It explores the dual challenges of safeguarding sensitive user information while ensuring the efficiency of machine learning models. It assesses existing privacy-enhancing technologies (PETs) and proposes innovative methods, such as differential privacy, federated learning, and data minimization techniques. The study also includes a survey of Chatbot users to measure their concerns related to data privacy with the use of these LLM-based applications. This study is meant to serve as a comprehensive guide for developers, policymakers, and researchers, contributing to the discourse on data protection in artificial intelligence.

A Comprehensive Analysis of Ecological Law in the Cyber Era

This article provides a comprehensive analysis of the intersection between ecological law and the cyber era. With the rapid advancement of technology, the enforcement and regulation of ecological laws have seen significant changes. This paper explores these transformations, particularly focusing on privacy and data protection issues, the effectiveness of international regulatory frameworks, and the challenges of cross-border regulation. Furthermore, the study delves into the need for an adaptive regulatory framework that balances technological progress and ecological conservation. It concludes with a discussion on the future of ecological law in the cyber era, shedding light on emerging legal and regulatory challenges and providing recommendations for policymakers, regulators, and digital platform developers. The research methodology includes a thorough literature review, legal analysis, and comparative studies of various ecological law frameworks across different jurisdictions. The findings of this study underscore the urgency of addressing the complexities of ecological law in the digital age and the importance of proactive regulation for a sustainable future.

Artificial Intelligence and Intellectual Property: Navigating the Complexities of Cyber Law

Abstract This article provides an extensive analysis of the relationship between Artificial Intelligence (AI) and Intellectual Property (IP) within the framework of Cyber Law. It examines the current state of AI and IP, emphasizing the legal and regulatory implications of their intersection. A comprehensive literature review and legal analysis, coupled with a comparative study of AI and IP regulatory frameworks, informs the discussion. We explore the privacy and data protection issues in AI, the evolving nature of Intellectual Property rights in the AI era, and the liability concerns related to AI applications. A comparative analysis of AI and IP regulation across various jurisdictions provides insights into the effectiveness of international frameworks and the challenges posed by cross-border regulation. The article further discusses the need for flexible and adaptive regulatory approaches that balance risk management with innovation promotion. We then highlight emerging legal and regulatory issues in AI and IP and offer recommendations for policymakers, regulators, and AI developers. Finally, the article encapsulates the key findings and their implications for AI and IP regulation, outlining future challenges and opportunities in this domain.

Challenges and Opportunities for Legal Practice and the Legal Profession in the Cyber Age

Abstract This article examines the challenges and opportunities faced by legal professionals in the digital age, focusing on the impact of technological innovations, cyber-security and data protection issues, and ethical considerations in legal practice. The rapid evolution of technology has transformed the legal landscape, with artificial intelligence and machine learning streamlining legal services, and block-chain and smart contracts reshaping the way legal professionals conduct their work. However, these advancements also raise concerns surrounding data privacy, security, and ethical obligations. Legal professionals must navigate complex data protection regulations, such as the GDPR and the California Consumer Privacy Act, to ensure compliance and protect their clients' data. The article discusses the importance of data privacy and security in legal practice and the measures that legal professionals need to take to comply with these regulations. Furthermore, the article analyzes the balance between technology adoption and ethical obligations in the legal profession, exploring the challenges of maintaining the attorney-client relationship and ensuring access to justice in a digital world. The article provides a comprehensive analysis of the challenges and opportunities presented by technological advancements in legal practice, proposing potential improvements and recommendations for legal professionals and regulatory bodies to navigate the digital landscape effectively. It also highlights the implications for policymakers and the future of the legal profession, suggesting future research directions in the field of legal practice and the legal profession in the cyber age.

Protecting the data of African agricultural producers: a review of national laws, compliance and perceptions

ABSTRACT With the rapid spread of digital tools that collect large amounts of data from agricultural producers across Africa, there is a growing need to strike a balance between data protection and use. To inform this debate, this article examines the level of and demand for the protection of data collected from African producers. To this end, the article presents a review of national personal data protection laws in Africa and assesses compliance of digital agricultural service providers with these laws. It also offers a first insight into perceptions on personal data protection among African agricultural producers. The analysis shows that data privacy regulations in Africa have been evolving, but several countries have yet to adopt related legislation. Existing laws generally reflect the basic elements of the 2014 African Union Convention on personal data protection, but often fall short on provisions of particular importance to digital service provision. Compliance with national data privacy laws among digital agricultural service providers is limited, highlighting enforcement challenges. Awareness of data protection issues is low among agricultural producers, as is the ability to control access to their data.

Privacy in computer ethics: Navigating the digital age

In this digital age, privacy has become a crucial issue due to the vast amount of personal information we share online. As a fundamental aspect of computer ethics, it concerns the appropriate use of information and communication technologies. This paper will discuss five key points related to privacy in computer ethics: the concept of privacy and its significance in the context of computer ethics; ethical considerations surrounding personal information in the digital space, including issues of consent, transparency, and data protection; the legal framework surrounding privacy in different jurisdictions, such as data protection laws and international standards; the role of technology in protecting privacy, including the use of encryption and other security measures; and finally, the challenges associated with protecting privacy in the digital age, such as the risk of data breaches, identity theft, and other forms of online exploitation. Through these five key points, this paper aims to provide a comprehensive understanding of privacy in computer ethics and emphasize the importance of promoting responsible and ethical use of technology.

Privacy in computer ethics: Navigating the digital age

In this digital age, privacy has become a crucial issue due to the vast amount of personal information we share online. As a fundamental aspect of computer ethics, it concerns the appropriate use of information and communication technologies. This paper will discuss five key points related to privacy in computer ethics: the concept of privacy and its significance in the context of computer ethics; ethical considerations surrounding personal information in the digital space, including issues of consent, transparency, and data protection; the legal framework surrounding privacy in different jurisdictions, such as data protection laws and international standards; the role of technology in protecting privacy, including the use of encryption and other security measures; and finally, the challenges associated with protecting privacy in the digital age, such as the risk of data breaches, identity theft, and other forms of online exploitation. Through these five key points, this paper aims to provide a comprehensive understanding of privacy in computer ethics and emphasize the importance of promoting responsible and ethical use of technology.

AN ETHICS CRISIS IN VIRTUAL MEDIA SPACE

This paper will address basic ethical issues in virtual space determined by global multidirectional networking through different space and time. Numerous ethical issues will be stressed which, as a result of the complex reflections of ubiquitous media convergence, determine each individual topic, from issues of personal data protection and information security, to strengthening credibility and building trust in the virtual community. In relation to the objectives and established development guidelines, different ethical dimensions, in their complexity and multi-layeredness in a digitally empowered future, should not be viewed in isolation but exclusively through their complementarity and a quality foundation for further in-depth research.

Business Ethics in E-Commerce – Legal Challenges and Opportunities

Background: This paper deals with the ethical limitations of e-commerce. The aim is to discover areas where the protection is not granted as users would expect and to make proposals for improvement. The authors will begin the paper by proposing the market of e-commerce and how it is directly linked to society’s daily life. The method adopted for the legal perspective is case studies, where the Kingdom of Saudi Arabia’s (KSA) legal context will be explored. In the end, the paper will answer two main questions: What are the ethical challenges facing the issue of data protection in electronic commerce? What are essential legal frameworks that regulate the subject of data protection in Saudi Arabia? Methods: The normative method is applied to identify the main legislations used in e-commerce and data protection, especially regarding big data regulations. A case study analysis is also used where KSA legislation is investigated. Results and Conclusions: The authors saw that e-commerce is an insecure place to protect customer data. This data is stored electronically, so it is very easy to steal it in addition to the use of this data by companies without the permission of the customer. Research proves that laws are unable to keep pace with technological developments and are unable to provide effective protection for data stored in the cloud.

Management of Onsite and Remote Communication in Oncology Hospitals: Data Protection in an Era of Rapid Technological Advances.

Modern communication and information technologies are rapidly being deployed at health care institutions around the world. Although these technologies offer many benefits, ensuring data protection is a major concern, and implementation of robust data protection measures is essential. In this context, health care providers and medical care facilities must frequently make difficult decisions and compromises between the need to provide effective medical care and the need to ensure data security and patient privacy. In the present paper, we describe and discuss key issues related to data protection systems in the setting of cancer care hospitals in Europe. We provide real-life examples from two European countries-Poland and the Czech Republic-to illustrate data protection issues and the steps being taking to address these questions. More specifically, we discuss the legal framework surrounding data protection and technical aspects related to patient authentication and communication.

Sharia E-Wallet: The Issue of Sharia Compliance and Data Protection

Sharia E-Wallet: The Issue of Sharia Compliance and Data Protection