Organizational Liability Research Articles

Civil liability of a medical organization for personal data leakage

Relevance. When considering claims for leakage of information constituting the patient's personal data and his medical confidentiality, the courts give a different assessment of the grounds for civil liability of medical organizations. The article reveals the established approaches to assessing the guilt of a medical organization that violated the confidentiality of personal information of citizens who applied for medical help.The purpose of the study is to supplement theoretical provisions aimed at deepening scientific knowledge about the civil liability of medical organizations for the unlawful dissemination and (or) use of patient's personal data, including information related to medical confidentiality; development of proposals to eliminate the imbalance of the patient's personal data confidentiality regime and his right to legal assistance.Objectives: analyze civil legislation, legislation on personal data, the positions of the Constitutional and Supreme Courts of the Russian Federation regarding the protection of patient personal data, decisions of courts of general jurisdiction on claims of liability of medical organizations for unlawful actions with personal data that resulted in the leakage of personal information about patients; to study and update the proposals available in theory aimed at uniform law enforcement in cases of this category.Methodology. The study was carried out through methods of induction and deduction, analysis and synthesis, formal-legal, system-analytical and formal-logical methods, as well as a method for generalizing judicial practice. The results are reflected in the formulated proposals aimed at improving the judicial protection of personal data of patients of medical organizations, and the uniformity of judicial practice in terms of the responsibility of medical organizations in cases of this category.Conclusion. In cases of responsibility of medical organizations for the leakage of personal data of patients, uniform law enforcement did not work out. The right of a lawyer to access the personal data of persons who received medical assistance did not receive an unambiguous assessment by judicial practice. To eliminate the existing gaps in the protection of the intangible benefits of the patient under consideration, the need to exclude their personal data from the confidentiality regime for the administration of justice and in the provision of qualified legal assistance under the contract is argued.

Corruption and controlling shareholders

Abstract Controlling shareholders have been directly involved in some of the largest and most consequential bribery scandals in the world over the course of the last decade. Nevertheless, the academic literature and the dominant international model of anticorruption law have neglected the dynamics and implications of controlling shareholder involvement in the payment of bribes. We argue that controlling shareholders, especially in family-controlled firms, may be uniquely positioned to lead corrupt schemes. We then analyze the incidence of this phenomenon in recent U.S. enforcement actions under the FCPA and in Brazilian enforcement actions under the Car Wash (Lava Jato) anticorruption operation. Controlled companies account for a minority of the FCPA cases, but for a large majority of the Brazilian cases. Controlling shareholders were implicated in a significant portion of actions against controlled companies in both contexts. We argue that the dominant international model, which is premised on organizational liability and incentives for compliance programs, is ill-suited to addressing cases of bribery led by controlling shareholders, and call for a distinct array of legal responses.

Managing workplace bullying and harassment in the Canadian work context: same old, same old

Purpose Canadian organizations started addressing workplace bullying and harassment in the 1990s. Proactive organizations have written policies, trained managers and employees, created a complaint process and conducted surveys. The objective of this study is to examine how effective these efforts by Canadian organizations have been.Design/methodology/approach Data for this research were collected through a survey administered to employees in Canadian workplaces (n = 1,000), including managers (n = 461). A stratified sample was used to facilitate a good representation of region, age, gender, sector and occupational level of working Canadians.Findings The survey indicated that some Canadian organizations continue to be negligent in addressing workplace bullying and harassment and that the problem is particular to large organizations, young employees and the private sector.Research limitations/implications The survey identifies that some Canadian organizations are still negligent in addressing workplace bullying and harassment. The problem is particular to large organizations, young employees and the public sector.Practical implications Senior and middle-level managers need to be aware that workplace bullying and harassment continue to occur in their work environment. Further, given that managers at times defer excessively to authority, the human resource (HR) department has a vital role in addressing workplace bullying and harassment. HR needs to establish a reputation among employees that their complaints will be taken seriously, and corrective actions will be taken.Originality/value This study examined the nature of workplace bullying and harassment in the Canadian context. The study found that organizations are still neglecting issues of workplace bullying and harassment and that there is a disconnect between what employees are experiencing and what senior management is professing is the situation. This disconnect is a continued liability for organizations.

Transformation of integrated formations in industry

Modern realities are such that the priority in the activities of any company is its efficiency, and it does not matter in what area or sector of the economy it operates. Making a profit is the main goal for managers, and even more so for company owners, and any opportunity to minimize costs and thereby increase their assets will be used by business. One such way for large corporations to reduce costs is to move from the status of a holding structure to that of a group of companies. If necessary, companies that have chosen such an organizational and legal form can quickly respond to changes in the external environment and focus the necessary company resources in one direction to promptly decide on a strategic task and its immediate implementation. Such associations manifest themselves most clearly in extreme conditions, and where other companies go into the red, they show positive dynamics in revenue growth. The article presents the results of the author’s research on the above topic. For analysis, some aspects of the organizational activities of holding structures and groups of companies were selected, such as legal issues, the status of companies, the possibility of bankruptcy and mutual liability of organizations within the company, consolidation and redistribution of profits, finances, resources, means of production and logistics; image and business reputation; control system; risks; relationships with partners and employees; pricing policy and taxation. Groups of companies operating in agro-industrial complexes and agriculture have proven to be more mobile and adapt faster in unstable economic conditions due to the decentralization of legally free company members.

Проблемы разграничения деликтной и договорной ответственности саморегулируемых организаций

в статье анализируется возможность привлечения к солидарной ответственности саморегулируемые организации, членами которых являются застройщики, причинившие вред третьим лицам в результате строительных работ, не отвечающих требованиям безопасности. Вопросы юридической ответственности, традиционно, являются дискуссионными не только в науке гражданского права, но и в юриспруденции в целом, особенно если речь идет о нетипичных субъектах. Анализ реализации норм об ответственности и особенностях правового статуса саморегулируемых организаций в строительной сфере и их членов указывает на то, что тенденции развития уже устоявшегося процесса саморегулирования направлены на самостоятельное, практически без вмешательства государства, формирование моделей взаимодействия с различными хозяйствующими субъектами. С учетом того, что саморегулирование, как правило, рассматривается в качестве одного из способов социального регулирования общественных отношений необходимо стремиться к балансу прав и законных интересов как лиц, осуществляющих предпринимательскую или профессиональную деятельность, так и иных лиц, чьи права могут быть затронуты. Автор на основе анализа действующего законодательства, исследуемой судебной практики, а также доктринальных подходов приходит к выводу о том, что саморегулируемая организация может быть привлечена к гражданско-правовой ответственности за действия третьих лиц (застройщика). the article analyzes the possibility of bringing to joint responsibility self-regulatory organizations, whose members are developers who have caused harm to third parties as a result of construction works that do not meet safety requirements. Issues of legal responsibility are traditionally debatable not only in the science of civil law, but also in jurisprudence in general, especially if we are talking about atypical subjects. An analysis of the implementation of the norms on responsibility and the peculiarities of the legal status of self-regulating organizations in the construction sector and their members indicates that the trends in the development of the already established process of self-regulation are aimed at independently, practically without state intervention, the formation of models of interaction with various business entities. Taking into account the fact that self-regulation, as a rule, is considered as one of the ways of social regulation of public relations, it is necessary to strive for a balance of rights and legitimate interests of both persons engaged in entrepreneurial or professional activities and other persons whose rights may be affected. The author, based on the analysis of current legislation, the studied judicial practice, as well as doctrinal approaches, comes to the conclusion that a self-regulating organization can be held civilly liable for the actions of third parties (the developer).

Current Issues of the Legal Regulation of Administrative Liability of Legal Entities

Introduction: the paper deals with the study of the conceptual rules of bringing organizations to administrative liability in the administrative tort legislation. There is a defect of their developing in the administrative legislation norms, which ultimately leads to the negative results of law enforcement. Attention is drawn to the various approaches of theorists and law enforcement officers on the issues under study. The alternative models of bringing organizations to administrative liability are proposed. Methods: the work uses the general scientific and specific scientific methods of cognition. Among them are the methods of interpreting legal norms, problem-theoretical, comparative law, systemic, structural, formal legal, functional, and intersectoral methods. Results: the contradiction between the conceptual rules governing the administrative liability of organizations and the general provisions of the administrative legislation, as well as their inconsistency with the general principles and goals of administrative punishment is revealed. The specific proposals are formulated to modernize the institution of administrative liability of organizations, which can be perceived by the legislator to improve it. Conclusions: the scientists have been using the term of public legal entity since the pre-revolutionary times. The nature, goals, and processes of creation, reorganization, and liquidation of private and public legal entities differ significantly. In this regard, it is necessary to introduce the concept of a public legal entity into the administrative legislation. Abandoning the behavioral concept of guilt of an organization in favor of a behavioral-psychological one will lead to the possibility of establishing the forms of guilt of a legal entity, as well as allow avoiding objective imputation when bringing them to justice.

Encryption of Card Details Using AES with a 128-bit Key a Secure Approach to Data Protection

Data security is a critical concern in today's digital age, particularly regarding the protection of sensitive information such as cardholder data. This research paper explores the implementation of Advanced Encryption Standard (AES) encryption with a 128-bit key as a means of safeguarding card details. The project demonstrates the encryption and decryption process, ensuring data confidentiality and integrity. Utilizing the pycryptodome library in Python, the AES encryption technique is applied to encrypt card details, offering a secure approach to data protection. The methodology section outlines the AES encryption process, emphasizing key generation, encryption, and decryption. A detailed explanation of the Python implementation highlights the importance of key length and randomness in the encryption process. The results section presents the outcomes of encrypting and decrypting card details using AES encryption, analyzing the efficiency and security of the encryption process. Additionally, potential vulnerabilities and challenges encountered during implementation are discussed, along with their resolutions. In the discussion section, the research findings are interpreted in the context of data security and encryption standards. A comparison between AES encryption and other encryption algorithms is provided, evaluating performance and security aspects. Consideration is given to future research directions in the field of data encryption and security. Overall, this research paper underscores the significance of AES encryption with a 128-bit key for protecting cardholder information. By implementing AES encryption, organizations can enhance data security measures, ensuring the confidentiality and integrity of sensitive data in digital transactions. This abstract provides a concise overview of the research paper, summarizing the objectives, methodology, results, and implications of implementing AES encryption for card data protection. It highlights the importance of data security and encryption techniques in safeguarding sensitive information in digital transactions. Tokenizing cards enhances security, ensures regulatory compliance, boosts customer trust, and streamlines payment processes while reducing liability for organizations. Future developments may involve tokenizing cards even without customer consent. Keywords: Tokenization, Payment systems, Encryption, Fraud prevention

FROM THE SECTORAL ANGLE TO THE GENERAL RULES OR HOW THE CONVENTION ON INTERNATIONAL LIABILITY FOR DAMAGES CAUSED BY SPACE OBJECTS INFLUENCED THE DEVELOPMENT OF THE INTERNATIONAL LAW OF STATE RESPONSIBILITY AND LIABILITY?

This article discusses the impact the 1972 Liability Convention exerted upon the further discussion on state responsibility and liability rules within the UN International Law Commission. The question it seeks to answer is the issue of how, and to what extent, its provisions influenced the development of international law on the responsibility of states and international organizations and the institution of international liability of states. Most notably, the present article demonstrates how the Liability Convention served as a reference point for the International Law Commission’s works struggling to codify the general rules of states’ liability. It also examines the factors that, from the mid- 1990s onward, have steadily diminished its role in the ongoing debate and how it finally informed the final shape of the 2006 Draft principles on the allocation of loss in the case of transboundary harm arising from hazardous activities. Furthermore, it analyses the 2001 Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) and the 2011 Articles on Responsibility of International Organizations (ARIO). With this in mind, it is put forward that the differences mandate strict differentiation between international responsibility and international liability at the theoretical level. Nonetheless, the Liability Convention could furnish patterns based on which, notably, the institution of joint and several responsibility of states and international organizations, respectively, have been modelled. Therefore, it is concluded that the lex specialis and the self-contained character of the regime established under this Convention effectively limit its impact on the development of international regimes of responsibility and liability of states and international organizations. However, they do not eliminate them altogether. Ironically, in practical terms, the Convention marked the 2001 ARSIWA and, indirectly, the 2011 ARIO more decisively than the 2006 Draft Principles, even though the Convention – similar to the DP 2006 – addresses states’ liability, not their responsibility.

Environmental Liability and Environmental Risks of Business

The paper considers the environmental liability of business organizations whose environmental activities are not only a legal obligation, but also a liability. Risk management approaches for solving environmental problems are considered, examples of environmental risks are given, key stages of environmental risk management are presented.

The Quality of Medical Care and the Quality of Medical Services under the Legislation of the Russian Federation: General and Different

The article is devoted to theoretical and practical problems of distinguishing the concepts of “medical services” and “quality of medical services”, which in turn is important for clarifying the relationship between the concepts of “quality of medical services” and “quality of medical care”, as well as for distinguishing contractual and tort liability of medical organizations for the quality of medical services. Based on a comparison of the legislation on the provision of services, on health protection, on consumer protection and taking into account its interpretation given by the highest judicial authorities, the author comes to the conclusion that the subordinate regulatory legal acts on the provision of medical services are not in full compliance with the legislation on consumer rights, recommends using the experience of health authorities and the system of compulsory medical insurance for the examination the quality of medical care during the consideration of criminal and civil cases by the courts, related to the violation of the requirements for the quality of medical care.

Organizational liability: new frontier of medical malpractice?. Seventeen-year experience as a medico-legal observer

article: Organizational liability: new frontier of medical malpractice?. Seventeen-year experience as a medico-legal observer - Gazzetta Medica Italiana - Archivio per le Scienze Mediche 2021 November;180(11):681-8 - Minerva Medica - Journals

Jehovah’s witnesses response to child sexual abuse: a critique of organisational behaviour and management policies (1989–2020)

ABSTRACT Because of limited academic literature, this study aims to encourage research into child sexual abuse (CSA) in the worldwide Christian Congregations of Jehovah’s Witnesses (JW). A hermeneutic analysis of literature in the public domain is conducted to evaluate JW’s policies to address CSA, since 1989. Analysis indicated that an institutional culture of secrecy was consistently developed and maintained over decades by managing CSA cases internally, avoiding intervention from secular authorities amid reputational, authoritarian, and financial concerns. Organisational management policies were rationalised on a literal interpretation of biblical law over secular law, allowing CSA to be treated as a sin, rather than a crime against child. This resulted in the reinstatement of those found guilty of abuse; whereas children were placed at further risk of harm. Finally, the JW consistently denied organisational liability for CSA; viewing child protection as a parental responsibility.

A note on organizational structure and environmental liability

This paper employs a multi-task principal-agent model to examine how a corporation’s organizational structure and liability rules for environmental damages affect the incentive schemes offered to managers. We derive environmental liability rules for risk averse managers under two alternative organizational structures: a product-based organization (PBO) and functional-based organization (FBO). For a PBO, it is shown that efficiency is independent of whether the firm or managers are liable for environmental damages; in a FBO it is optimal either to hold the firm liable for environmental damages or, equivalently, to only hold the environmental managers liable for damages. It is also shown that the two organizational structures are equally efficient when there is no correlation between environmental damages from products and no spillover between managerial effort across products or functions. Numerical results further reveal that beneficial spillovers between functions for the same product favours a PBO over a FBO; beneficial spillovers across functions favours a FBO.

Risks to Healthcare Organizations and Staff Who Manage Obese (Bariatric) Patients and Use of Obesity Data to Mitigate Risks: A Literature Review.

This literature review explores obesity risks to healthcare staff and organizations that manage and caring for obese (bariatric) patients. These risks are anticipated to increase due to Australian population obesity rate projections increasing from 31% in 2018 to 42% by the year 2035, which will result in increased hospital admissions of patients with obesity. Literature searches were conducted through the Cumulative Index to Nursing and Allied Health Literature (CINAHL), MEDLINE, Scopus, and Web of Science. Thirty studies met the inclusion criteria and were tabulated and critiqued using appropriate appraisal techniques. High risk of injury to healthcare staff was identified relating to bariatric patient handling tasks. High liability and financial risks of organizations were also identified relating to workers’ compensation and common law claims by injured staff and medical negligence claims by patients with obesity. Availability of obesity data was identified within clinically captured information, which could be utilized to inform obesity risk management programs. Future research should focus on improving the use and quality of obesity data to better understand obesity risks to healthcare organizations and staff, including accurate identification of obese patient admissions, enhanced ability to measure bariatric patient handling hazards and related staff injuries and improved assessment of bariatric intervention effectiveness.

Проблемы квалификации ятрогенных преступлений

The article reveals the features of the distinction between criminal and non-criminal circumstances, leading to a patient treatment unfavorable outcome. The aim of the research undertaken is to identify the nature and degree of social danger of professional negligence in the diagnosis and treatment of diseases. The article analyzes statistical data characterizing the dynamics of bringing doctors and other medical workers to criminal responsibility for committing crimes that caused harm to the life and health of patients. The organic connection of iatrogenic crimes with defects in the quality of medical care and improper performance of professional duties by medical workers is argued. The author reveals the difference between the causes of death and deterioration in the health of persons seeking medical assistance, and analyzes the practice of termination of medical workers criminal prosecution on rehabilitating grounds. On the basis of materials of modern judicial practice, it is proved that there is no need to separate the category «iatrogenic crimes» in the criminal law. A differentiated approach to qualification of adverse treatment outcomes seems promising. The author proposes detailing the legal liability of medical workers and medical organizations, depending on the criminal or non-criminal nature of the circumstances of causing harm to the life and health of the patient.

Responsibility of companies in international criminal law

In the paper, after outlining the criminological background, namely the corporate criminality in the field of core international crimes and some possible arguments in favour of criminal accountability of corporations on an international level, the case law of the International Military Tribunal at Nuremberg and the so-called subsequent Nuremberg trials is introduced. Finally, the third part is devoted to examine the questions of the codification process of the Statute of the International Criminal Court in relation to the organizational liability, putting the emphasis on answering the question: was there and is there an international court or tribunal that can exercise criminal jurisdiction over corporations?

Observaciones iusfilosóficas sobre la responsabilidad penal de las organizaciones

El artículo busca problematizar algunas premisas del argumento en contra de la responsabilidad penal de las organizaciones. Para esto, en primer lugar se discute la relación entre derecho penal y derecho administrativo sancionador. Luego, se trata la naturaleza de las personas jurídicas y las organizaciones en general como sujetos de imputación. Por último, se relaciona lo anterior con el concepto de sanción penal. Las raíces del argumento central de este artículo se encuentran en la filosofía del medioevo y de la Ilustración.

Rapid Telehealth Implementation during the COVID-19 Global Pandemic: A Rapid Review.

The implementation and continued expansion of telehealth services assists a variety of health care organizations in the delivery of care during the current COVID-19 global pandemic. However, limited research has been conducted on recent, rapid telehealth implementation and expansion initiatives regarding facilitators and barriers surrounding the provision of quality patient care. Our rapid review evaluated the literature specific to rapid telehealth implementation during the current COVID-19 pandemic from three research databases between January 2020 and May 2020 and reported using preferred reporting items for systematic reviews and meta-analyses (PRISMA). The results indicate the rapid implementation and enhanced use of telehealth during the COVID-19 pandemic in the United States surrounding the facilitators and barriers to the provision of patient care, which are categorized into three identified themes: (1) descriptive process-oriented implementations, (2) the interpretation and infusion of the CARES Act of 2020 telehealth exemptions related to the relaxation of patient privacy and security (HIPAA) protocols, and (3) the standard of care protocols and experiences addressing organizational liability and the standard of care. While the study limitation of sample size exists (n = 21), an identification of rapid telehealth implementation advancements and challenges during the current pandemic may assist health care organizations in the delivery of ongoing quality care during the COVID-19 pandemic.

Creating an Automated Health Attestation System During the COVID-19 Pandemic with Microsoft 365.

Identifying and isolating individuals infected with COVID-19 are critical steps in stopping the spread of the coronavirus. Until widespread testing and contact tracing systems are implemented, alternative methods must be considered. One way that organizations can protect employees and clients is by creating their own automated health attestation systems. These systems could be used to reduce the spread of the coronavirus by asking providers and consumers to self-identify COVID-19 exposure, as well as to help mitigate liability for organizations by asking providers and consumers to agree to follow relevant policies and acknowledge the risks inherent in providing or receiving services. The purpose of this article is to outline the steps for creating this type of health attestation system using Microsoft Office 365.

A Manager’s Guide to Free Speech and Social Media in the Public Workplace: An Analysis of the Lower Courts’ Recent Application of Pickering

Public organizations are experiencing a burgeoning of workplace challenges involving employee use of social media. Comments, images, or videos ranging from racist remarks, to calls to violence, simple criticism of one’s organization, to full on whistle blowing significantly challenge public organizations’ policies for addressing speech that creates discord in the workplace. With the blurring of lines between personal and professional lives, these challenges create uncertainty for public organizations regarding how to maintain the efficient operation of the workplace, deal with the social and political fallout of such instances, and manage organizational liability. This article performs content analysis on 33 federal lower court opinions involving speech/social media workplace issues. The study analyzes the manner in which the lower courts apply free speech precedent on contemporary workplace speech cases. The findings suggest that patterns emerge from the opinions providing key insights for public managers regarding how to better manage these complex issues.