Personal Data Of Individuals Research Articles

DIGITAL HUMAN RIGHTS PROTECTION: LEGAL TRANSPLANTATION STRATEGIES TO REALIZE SUSTAINABLE DEVELOPMENT IN INDONESIA’S DIGITALIZATION ERA

The advancement of information and communication technology brings great benefits to society, such as ease of communication and access to public services. However, technology also threatens human rights, including privacy and freedom of expression. This study aims to analyze the legal strategies of other countries to protect digital human rights that can be applied in Indonesia, as well as formulate policies to improve this protection through legal transplantation and support sustainable development goals. The method is normative legal research, with data from related laws and policies. The results of this study indicate that the adoption of rules is a potential strategy to improve the security of digital human rights in Indonesia and provide greater control over the personal data of individuals. The implementation of the General Data Protection Regulation (GDPR) in Indonesia is considered important to align personal data protection with international standards, improve the country's reputation, and facilitate international cooperation. With clear regulations, public trust in digital services will increase, because people feel safer and more protected from misuse of personal data. This stricter legal framework helps create a safer and more inclusive digital environment so that all levels of society can actively participate in the digital economy.

Ensuring the employer's right to information protection: problems of legal regulation

In the context of the rapid development of information and communication technologies and the proclamation of the constitutional right of everyone to freely search, receive and disseminate information, it is becoming increasingly difficult to restrict access to information of various kinds. Meanwhile, the confidential information at the disposal of the employer, access to which he restricts either in his own interests (commercial secret), or in the public interest or in the interests of third parties (information that has a secret regime, personal data of individuals) needs protection. The subject of the study is the provisions of the legislation, including labor legislation, which allow the employer, as the owner of confidential information, to build a system of limited access to it and take measures against employees who violate the established rules for protecting information. An analysis of the relevant norms leads to the conclusion that in the rapidly developing information society, which provides ample opportunities for the instant transmission (distribution) of a significant amount of information, the current legal regulation does not fully meet the requirements for balancing the rights and legitimate interests of the employee and the employer, since it allows the employer to stop the employee's access to protected information only by dismissing him on a disciplinary basis, which forces the employer to make such decisions even in cases where there are no grounds for this fixed by law (disclosure), thereby violating the rights of the employee. In this regard, it is proposed to introduce a legal mechanism for depriving an employee of access to confidential information when he commits actions that create a threat of its dissemination, which, on the one hand, will exclude him from working with such information, and on the other hand, will allow him (under certain conditions) to continue work for this employer. Such a mechanism, being aimed at optimal reconciliation of the interests of employers and employees, will ensure the right of the employer to the protection of information and at the same time will not allow excessive restriction of the rights of the employee.

DİJİTAL MEDYADA SİYASAL İLETİŞİM VE Z KUŞAĞININ ÇEVRİMİÇİ SİYASAL KATILIMI

POLITICAL COMMUNICATION IN DIGITAL MEDIA and ONLINE POLITICAL PARTICIPATION of GENERATION Z
 ABSTRACT 
 Today, thanks to the use of data mining and machine learning on social media platforms, all personal data of individuals has become accessible. The effective use of this data has also started to transform political communication. In this study, data was collected from 356 social media user university students aged 18-24 studying in Istanbul through an online survey to analyze the impact of the use of personalized digital data and post-truth content in political communication on Generation Z's online political participation. According to the findings, the participants are not indifferent to the political agenda, but they show a passive online political participation behavior, as well as they worry that their personal digital data will be used in situations they do not consent to, and they are not completely sure about the accuracy of the online political content they encounter. These results, in relation to each other, show that young people both enter the spiral of silence of the digital age and feel the pressure created by the concept of surveillance society.
 Keywords: Generation z, Data mining, Personalized digital data, Online political participation.

Data analysis with performance and privacy enhanced classification

Abstract Privacy is the main concern in cyberspace because, every single click of a user on Internet is recognized and analyzed for different purposes like credit card purchase records, healthcare records, business, personalized shopping store experience to the user, deciding marketing strategy, and the list goes on. Here, the user’s personal information is considered a risk process. Though data mining applications focus on statistically useful patterns and not on the personal data of individuals, there is a threat of unrestricted access to individual records. Also, it is necessary to maintain the secrecy of data while retaining the accuracy of data classification and quality as well. For real-time applications, the data analytics carried out should be time efficient. Here, the proposed Convolution-based Privacy Preserving Algorithm (C-PPA) transforms the input into lower dimensions while preserving privacy which leads to better mining accuracy. The proposed algorithm is evaluated over different privacy-preserving metrics like accuracy, precision, recall, and F1-measure. Simulations carried out show that the average increment in the accuracy of C-PPA is 14.15 for Convolutional Neural Network (CNN) classifier when compared with results without C-PPA. Overlap-add C-PPA is proposed for parallel processing which is based on overlap-add convolution. It shows an average accuracy increment of 12.49 for CNN. The analytics show that the algorithm benefits regarding privacy preservation, data utility, and performance. Since the algorithm works on lowering the dimensions of data, the communication cost over the Internet is also reduced.

AI-Enabled Automation for Completeness Checking of Privacy Policies

Technological advances in information sharing have raised concerns about data protection. Privacy policies contain privacy-related requirements about how the personal data of individuals will be handled by an organization or a software system (e.g., a web service or an app). In Europe, privacy policies are subject to compliance with the General Data Protection Regulation (GDPR). A prerequisite for GDPR compliance checking is to verify whether the content of a privacy policy is complete according to the provisions of GDPR. Incomplete privacy policies might result in large fines on violating organization as well as incomplete privacy-related software specifications. Manual completeness checking is both time-consuming and error-prone. In this paper, we propose AI-based automation for the completeness checking of privacy policies. Through systematic qualitative methods, we first build two artifacts to characterize the privacy-related provisions of GDPR, namely a conceptual model and a set of completeness criteria. Then, we develop an automated solution on top of these artifacts by leveraging a combination of natural language processing and supervised machine learning. Specifically, we identify the GDPR-relevant information content in privacy policies and subsequently check them against the completeness criteria. To evaluate our approach, we collected 234 real privacy policies from the fund industry. Over a set of 48 unseen privacy policies, our approach detected 300 of the total of 334 violations of some completeness criteria correctly, while producing 23 false positives. The approach thus has a precision of 92.9% and recall of 89.8%. Compared to a baseline that applies keyword search only, our approach results in an improvement of 24.5% in precision and 38% in recall.

Hiding in the forest: Privacy-preserving process performance indicators

Event logs recorded during the execution of business processes provide a valuable starting point for operational monitoring, analysis, and improvement. Specifically, measures that quantify any deviation between the recorded operations and organizational goals enable the identification of operational issues. The data to compute such process-specific measures, commonly referred to as process performance indicators (PPIs), may contain personal data of individuals, though, which implies an inevitable risk of privacy intrusion that must be addressed.In this article, we target the privacy-aware computation of process performance indicators. To this end, we adopt tree-based definitions of PPIs according to the well-established PPINOT meta-model. For such a PPI, we design data release mechanisms for the functions in a PPI tree. Using a probabilistic formulation of the expected result of a privatized PPI, we further show how to determine the combination of release mechanisms that inflicts the least loss in utility. Moreover, given a set of PPIs, we provide an algorithmic framework to manage an inherent trade-off: Privatization may strive for maximal utility of each single PPI or for maximal reuse of privatized functions among all PPIs to use a privacy budget most effectively. Results from experiments with synthetic as well as real-world data indicate the general feasibility of privacy-aware PPIs and shed light on the trade-offs once a set of them is considered.

Strengthening the Legal Framework for Personal Data Protection in Nigeria

Advancement in Information Communication Technology (ICT) has brought to the fore the need for the protection of individuals’ personal data. In today’s digital age, the personal data of individuals are routinely collected and stored in databases of both private and public establishments. Such personally identifiable information can easily be analyzed with fascinating accuracy, rapidly transmitted, and put to unimaginable uses. This situation has placed the regulation of personal data collection and uses on the front burner in many nations. The weak or total absence of regulation of personal data poses serious challenges to the security of lives and property of individuals and can constitute a serious disincentive for the adoption of beneficial technology. Employing the doctrinal methodology, this article examines the legal framework for personal data protection in Nigeria with the aim of assessing the adequacy or otherwise of relevant extant regulations in protecting the personal data of Nigerians and other people doing business in Nigeria. Looking at the state of the law in some developed and developing countries, the paper notes that the current state of regulation in Nigeria is still a far cry from what obtains in most countries of the global North and some sister African countries. It, therefore, concludes that there is a compelling need for a stronger regulatory framework for data privacy in Nigeria.

Experiencing Personal Data Protection on the Internet and Its Possibilities of Recognition and Enforcement in Ukraine

The purpose of this article is to find the most successful ways, forms and methods of personal data protection on the Internet among foreign countries for domestic political and legal realities. The following methods were used in the article: dialectical, logical-semantic, comparative-legal, documentary analysis, analytical, information-analytical. Issues related to the adaptation of the successful experience of a number of developed countries in the field of personal data protection on the Internet are brought up for discussion. Some options are covered and specified, which include effective methods and ways to implement an effective mechanism for personal data protection on the Internet in Ukraine. It is emphasized that the protection and proper confidentiality of personal data of individuals is one of the key tasks currently facing modern jurists. It is also added that the nature and specifics of the use and protection of personal data of individuals, including on the Internet, are extremely closely related to the institution of intellectual property. Emphasis is placed on the fact that the level of protection of personal data of individuals in a country is an indicator of the extent to which such a state meets the criteria of freedom, democracy, and the rule of law.

Improving security in NoSQL document databases through model-driven modernization

NoSQL technologies have become a common component in many information systems and software applications. These technologies are focused on performance, enabling scalable processing of large volumes of structured and unstructured data. Unfortunately, most developments over NoSQL technologies consider security as an afterthought, putting at risk personal data of individuals and potentially causing severe economic loses as well as reputation crisis. In order to avoid these situations, companies require an approach that introduces security mechanisms into their systems without scrapping already in-place solutions to restart all over again the design process. Therefore, in this paper we propose the first modernization approach for introducing security in NoSQL databases, focusing on access control and thereby improving the security of their associated information systems and applications. Our approach analyzes the existing NoSQL solution of the organization, using a domain ontology to detect sensitive information and creating a conceptual model of the database. Together with this model, a series of security issues related to access control are listed, allowing database designers to identify the security mechanisms that must be incorporated into their existing solution. For each security issue, our approach automatically generates a proposed solution, consisting of a combination of privilege modifications, new roles and views to improve access control. In order to test our approach, we apply our process to a medical database implemented using the popular document-oriented NoSQL database, MongoDB. The great advantages of our approach are that: (1) it takes into account the context of the system thanks to the introduction of domain ontologies, (2) it helps to avoid missing critical access control issues since the analysis is performed automatically, (3) it reduces the effort and costs of the modernization process thanks to the automated steps in the process, (4) it can be used with different NoSQL document-based technologies in a successful way by adjusting the metamodel, and (5) it is lined up with known standards, hence allowing the application of guidelines and best practices.

Consideration of Petitions for Pardon in the Russian Federation: Novelties of 2020

ntroduction: the paper analyzes the amendments made by the Decree of the President of the Russian Federation no. 797 of December 14, 2020 to the Decree of the President of the Russian Federation of December 28, 2001 no. 1500 “On commissions for pardon in the territories of constituent entities of the Russian Federation” and the norms of the new Regulation on the procedure for considering petitions for pardon in the Russian Federation. Methods: comparative legal method and method of interpretation of legal norms. Results: having analyzed legal documentation on the activities of the commissions and having considered convicts’ petitions for pardon, we point out the following positive changes: an increase in the rotation period of members of the commissions for pardon; clarification of their analytical and control functions; inclusion of social adaptation in the number of circumstances taken into account when considering the issue of pardon; exclusion of personal data of individuals recommended for pardon by the highest official of a constituent entity of the Russian Federation from publication in the mass media; taking into account the opinions of the victims of the crime. We think that negative changes are those that have created new problems in the form of contradictions with the norms of criminal and penal legislation. These include the possibility of granting pardon to persons serving other criminal law measures, and applying for pardon directly to the commission on pardons, bypassing the administration of institutions and bodies that execute sentences. Conclusion: the current task to expand the practice of granting pardon cannot be solved by adopting a new Regulation on the procedure for considering petitions for pardon in the Russian Federation. Keywords: criminal legislation; penal legislation; convict; pardon; criminal punishment; other measures of a criminal legal nature; President of the Russian Federation; commissions on pardons.

Biometrics and the disciplining of democracy: technology, electoral politics, and liberal interventionism in Chad

ABSTRACT In a large number of countries in Africa, biometric identification technologies have become a key element of voter registration procedures. Based on an in-depth study of biometric voter registration in Chad, a country marked by a long history of political violence, the article explains how the technology has been construed as a “solution” to address a situation labelled as a political crisis. To make sense of the unlikely introduction of biometrics in Chad, two main elements are considered: the socially constituted belief in the potential of biometrics and – paradoxically – the unfulfilled promises and fallibility of that same technology. Combining the literature on biometrics, election technologies, and liberal democracy promotion, the analysis concludes that biometric voter registration is a disciplining technology. In addition to capturing the personal data of individuals, it fosters the framing of democracy in narrow technological and procedural terms.

Protecting Privacy in the Era of Artificial Intelligence

Artificial Intelligence has emerged with real time challenges as It has brought along with it both pros-cons, and the cons are needed to be fixed from the outset. As AI has a direct cohesion with data protection issues. If we are to cite an example that can be of an individual’s personal information which is hugely scrapped from almost all the platforms which has a colossal database. Now having cited this example invokes security issues in regard to personal data of individuals. Whenever in recent scenarios of technological advancement any major challenges occur then we tend to be concerned for remedial measures which ultimately is the privacy of data principals. . However, these same technological innovations raise important issues, including a dilemma regarding the relation between AI and data protection laws that how can they supplement each other in sorting data related deformities. Now this is the high time where we have both an opportunity and the obligation to examine the effectiveness of current data protection laws in light of 21st century technological realities like challenges of AI. While compliance with existing data protection laws is crucial, a long lasting approach is to examine the challenges presented by AI as another wake-up call that our current approach to data protection is increasingly obsolete. Viewed in this light, it is a data protection law that must be improved if it is to protect privacy, effectively address the challenges presented by AI, and avoid creating unnecessary, bureaucratic barriers to AI’s benefits. The Five reforms appear necessary like, Shifting from Individual Consent to Data Stewardship, A More Systemic and Well-Developed utility of Risk Management, A Greater Focus on Data Uses and implications, A Framework of Harms and Transparency and Redress.

A Methodology for Eliciting Data Privacy Requirements and Resolving Conflicts

Privacy is one of the major concerns of data protection where personal data of individuals are used by enterprises for providing services. To ensure the rights of citizens, different legal authorities, including European Union, have made it mandatory for enterprises to implement certain privacy principles. An enterprise may also have its own set of privacy principles that help provide customized privacy experience to its customers, with the motive of retaining its customer base and weaning away customers from its competitors. To ensure privacy compliance with legal policies, enterprise privacy principles and expectations of customers, the system design should consider the privacy requirements emanating from all these sources. However, the requirements are often expressed in natural languages, which are difficult to interpret for system designers. In this paper, a logic-based methodology is proposed to formally express privacy requirements emanating from all three different sources. The methodology also includes an algorithm to identify and resolve conflicts among elicited privacy requirements. The proposed approach can be considered as the first step towards ensuring privacy compliance. This would help an enterprise to identify conflicting privacy requirements, resolve conflicts as per pre-defined rules and identify implementable privacy principles to enable the management of privacy compliance.

Geetha Peethambaran, Chandrakant Naikodi, Suresh Lakshmi Narasimha Setty

The Digital era marked by the unrivalled growth of Internet and its services with day-to-day technological advancements has paved way for a data driven society. This digital explosion offers opportunities for extracting valuable information from collected data, which are used by organizations and research establishments for synergistic advantage. However, privacy of online divulged data is an issue that gets overlooked as a consequence of such large-scale analytics. Although, privacy and security practices conjointly determine the ethics of data collection and its use, personal data of individuals is largely at risk of disclosure. Considerable research has gone into privacy preserving analytics, in the light of Big Data and IoT boom, but scalable and efficient techniques, that do not compromise the usefulness of privacy constrained data, continues to be a challenging arena for research. The proposed work makes use of a distance-based perturbation method to group data and further randomizes data. The efficacy of perturbed data is evaluated for classification task that gives results on par with the non-perturbed counterpart. The relative performance of the algorithm is also evaluated on the parallel computing platform Spark. Results show that the technique does not hinder the use of data for holistic analysis while privacy is subjectively maintained.

Considerations regarding compliance with the Regulation (EU) 2016/679 (GDPR) in Human Resources Departments

Abstract Most companies and institutions, collect and process personal data about their employees, such as: name, phone number, email address, person’s location information and activities at work, surveillance images from CCTV cameras, - all of these are personal data of individuals. And the list remains open. Consequently, all state or private institutions are affected by REGULATION no. 679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 (“GDPR”). In this paper we will present also, some of the past laws available in European Union prior to the approval of the REGULATION no. 679 of 27 April 2016. Those were also important for the life of the European citizens, but they have not been so well implemented and transposed into the legislation of all EU countries, which led in time to the appearance of the new REGULATION no. 679 of 27 April 2016. GDPR has a global impact as its rules are applicable to personal data that concern or describe the behavior of any natural person within the European Union even if the entities collecting and processing personal data are located outside the Union. Through this paper we aim to identify some of the main implications and risks deriving from the application of the GDPR at the level of the Human Resources Departments from the companies operating within the European Union.

Test data distribution system for OSS/BSS-systems testing

OSS/BSS-systems used by telecommunication companies to conduct their business are a combination of several subsystems that closely interact with each other. Since the activities of telecommunications companies are related to the processing of personal data of individuals and legal entities, such systems should be subjected to testing, which should continue until the end of the life cycle. The huge size of telecommunications companies' databases, as well as the number of tests required to cover the entire functionality of OSS/BSS-systems are an obstacle to conducting rapid testing. This article describes an approach to testing organization that solves this problem, based on the selection and keeping the test data up to date. The effectiveness of the proposed approach has been demonstrated experimentally.

USE OF JUDICIARY SYSTEM IN THE RIGHT OF THE PROTECTION OF PERSONAL DATA

In the article the author analyzes the problems of protection of personal data of individuals in the judicial information system. In order to understand the essence of the problem, the author of the article analyzes the essence of the right to protection of personal data (data related to criminal offenses, criminal and administrative convictions) of individuals, the purpose of the judicial information system and the procedure and rules for using it of the given system.The scientific base of this research is the normative acts regulating both subjects of research, and judicial practice.This article addresses issues that have not previously been investigated. The article specifies the criteria, rules and principles that need to be considered and applied in practice with the judicial information system.

THE DATA SUBJECT’S RIGHTS AND LIABILITY FOR VIOLATIONS

With the development of information technology, data processing tools for individuals are increasingly used in various areas of life. Their accessibility and simplicity in circulation lead to more and more mass application of technologies in the lives of individuals, organizations, and society. Personal data of individuals are subject to turnover, inevitably there is a need to protect the carriers of this data from using the information received against their rights and interests. Despite the urgency of the problem, the concept of the subject of protection does not have a clear definition, as a result, the participants in legal relations will seek to interpret it depending on their needs. The law determines the administrative responsibility for the violation of the processing of data of individuals, but does not provide for special mechanisms for compensation for the damage caused. Consequently, there is an urgent need to specify the norms related to the protection of these individuals.

On the Infringement upon Natural Personss Data Protection Rights by Natural Persons An EU-Centred Analysis

Empowered by mobile devices and next-generation web services, such as personal cloud-storage services and social-networking services, individuals store increasing amounts of personal data online. As web services become more social, such personal data relates to individuals and to their relationships. As a matter of fact, individuals also disclose online personal data that relates to other individuals (e.g., individuals store their address books, which contain the birthdate and contact information or their contacts, on cloud platforms). The research questions addressed in this article are the following: “How do data protection regulations apply in such cases and to which extent do they protect data subjects from privacy infringements committed by natural persons in such a digital and online context?” and “how such protection can be improved, if needed, by integrating new legal solutions, potentially coupled with technical solutions for achieving compliance and enforcement?” In most regulations that aim to protect the personal data of individuals, including the EU General Data Protection Regulation (GDPR) enacted on April 27th, 2016, the definition of data controllers encompasses natural and legal persons. This means that, even if some exceptions can apply in specific cases, a natural person who manipulates personal data of other natural persons, as illustrated above, must in principle respect the regulation. In their definition of personal data, many regulations rely on the core notion of data subject and make two assumptions: (i) for a given piece of personal data, there is a single data subject, i.e., personal data relates to a single individual, the data subject, (ii) the individual who discloses the personal data to an online service is the data subject (they are one and the same person). But in fact, in many situations, personal data relates to several natural persons and the determination of the data subject(s) is not straightforward. In this article, this problem is introduced and illustrated through carefully chosen real-life examples rooted in the use of information and communication technologies. A classification is proposed for the aforementioned situations: it contains three broad categories based on the relation between the user of the data and the data subject. The considered examples are analysed through the lens of the recently adopted EU GDPR. The ability of the EU GDPR to protect individuals against such infringements is questioned and discussed.

PROTECTION OF PERSONAL DATA OF PHYSICAL PERSONS IN WORK WITH THE MATERIALS OF THE CASE

In the article the author analyzes the problems of realization of the right to get acquainted with the materials of the case (an integral part of the right to information), to obtain their copies with the right to protect personal data of individuals in order to study the principles of their joint implementation. In order to understand the essence of the problem, the author, through legislative norms and judicial practice, analyzes and notes in this article the main features of the implementation and the essence of both rights. The scientific base of this research is the legislative base (normative acts regulating both rights) and judicial practice. This article deals with a problem that was not previously researched. The article specifies the criteria that must be taken into account and applied in practice to balance the implementation of both rights.