Processing Of Personal Data Research Articles

Blood pressure time load formation in patients with arterial hypertension without metabolic syndrome

Relevance . The study of the daily dynamics of blood pressure in arterial hypertension both on the basis of the daily index and on the basis of the time load is a relevant task, since, these indicators are associated in the literature with stable changes in the neurohumoral regulation of the cardiovascular system in arterial hypertension . The aim of the study was to compare data of the time load in patients with arterial hypertension , depending on the nocturnal blood pressure profile, with integrative indicators of the activity of the cardiovascular system in the form of a Circadian index, a structural point of blood pressure, double product. Materials and Methods. The study included 72 patients who were treated at the City Clinical Hospital No 13 in Moscow and signed a voluntary consent to participate in the research and the processing of personal data. Inclusion criteria: arterial hypertension. Exclusion criteria: metabolic syndrome, secondary forms of arterial hypertension and concomitant pathology. Depending on the daily index (DI10% and DI10%) patients were divided into 2 groups: 1 group (N= 32): patients with arterial hypertension without nocturnal decrease in blood pressure (non-dippers and night-pickers100%); Group 2 (N = 40): patients with arterial hypertension who had a nocturnal decrease in blood pressure (dippers and over dippers 100%). All patients and members of the control group (N=15) underwent daily monitoring of blood pressure (24-hour Arterial Blood Pressure Monitoring). The data were statistically processed to determine the 5% level of significance of differences (p0.05) (Students test). In the comparative analysis of integrative indicators at day and at night, a variance analysis was applied. Results and Discussion . As a result of the study, it was found that the values of Circadian Index for blood pressure vary depending on the type of night decrease in blood pressure and the blood pressure time load, while daily index and structural point of blood pressure remain on the same level as a reflection of the hemodynamic allostasis existing in both groups. Conclusion. Reflection of the allostatic load on hemodynamics is change of values of double product and of the structural point of blood pressure compared with the control group. These changes are not associated with the peculiarities of the nocturnal blood pressure profile in patients with hypertension without metabolic syndrome.

Pulmonary embolism in Bujumbura

Relevance . Pulmonary embolism constitutes a diagnostic and therapeutic emergency. In Africa, data are still difficult to obtain. Thus, the objectives of this work is to describe epidemiological, clinical, therapeutic aspects and short-term outcomes of pulmonary embolism confirmed by thoracic angioscan at Kira hospital in Bujumbura, the biggest city of Burundi with population about 375 000. Patients and Methods . This was a descriptive study of 18 patients who had a pulmonary embolism confirmed by thoracic angioscan in Bujumbura from January 1st, 2015 to December 31st, 2018. We included in our study any patient with pulmonary embolism consenting to participate and processing personal data after some clarified explanations in accordance with the World Medical Associations Declaration of Helsinki. For each registered patient, we collected socio-demographic, past history of cardiac disease and factors risk, clinical, echocardiographic and scannographic findings with Wells score. Variables were presented as means and percentages. Results and Discussion. The average age was 53.5 12.3 years with a sex ratio of 1.25 in favor of women. The modal class was the 50 to 59 age group (33.3%). The clinical probability pre-test by simplified Wells score was high in 66.6% and medium in 33.3% of cases. A history of venous thromboembolic disease was the most common risk factor. Dyspnea was the most reason of consultation with 94.4% of cases. One patient died (5.6%) during hospitalization. Six months after discharge from the hospital, we recorded 3 cases (16.7%) of death, 6 cases (33.3%) of pulmonary heart, 3 cases (16.7%) of recurrent pulmonary embolism and one case of vitamin K antagonist overdose with minor bleeding. Conclusion. Pulmonary embolism is common in relatively young population with a predominance of females and chronic no communicable diseases as risk factors. Examination of a patient with an angioscanner is a sensitive and specific clinical study of pulmonary embolism. The outcome is favorable under appropriate treatment in short term.

COVID-19 Tracing Apps as a Legal Problem: An Investigation of the Norwegian ‘Smittestopp’ App

In their efforts to curb the COVID-19 pandemic, many countries have introduced contact tracing apps installed on mobile phones with the aim of breaking chains of infection. This raises ethical and legal questions, as these apps have the potential to be used for surveillance of the population. There is pressure to set privacy and data protection aside to allow extensive collection and processing of personal data, while their benefits remain uncertain. The two versions of the Norwegian COVID-19 tracing app are used as a case study to explore how law and legal norms are made and implemented – or not – in the context of a public emergency. In Norway, the legal question of contact tracing apps has largely been limited to a question of compliance with the GDPR and has excluded a meaningful conversation about the use of apps as pandemic response tools and their impact on rights and freedoms. The normative argument of the article is that to combine a robust form of privacy and data protection with the use of digital tools in a crisis, we need to carefully scrutinize the effects technology choices have on human rights and the rule of law.

Organization of work to counteract illegal withdrawal of funds and money laundering through microfinance organizations

The relevance of the chosen topic is due to the problems of ensuring the protection of personal rights when interacting with microfinance organizations, protection of personal data of citizens, fraudulent actions when entering into a loan agreement using copies of documents, personal data in the information telecommunications network Internet, as well as stolen or lost documents, protection of citizens rights when processing personal data by microfinance organizations to obtain a consumer loan. Ensuring the protection of society and the state by creating a legal mechanism to counteract the legalization (laundering) of income and funds withdrawal abroad. In the microfinance market, there are organizations that operate illegally; they do not belong to any state register, as a rule. You will never find any responsible persons at the legal address of such companies. Therefore, in case of damage, compensation for losses through civil mechanisms or appealing directly to the culprit or to the court is almost impossible. The average citizen is not able to ensure their own economic security and financial stability. Due to legal illiteracy and the specific features of this type of activity, the citizen is the vulnerable party of relationship. A growing social tension in connection with filing by creditors in the face of microfinance institutions is due to obviously overestimated obligations in the loan agreement in case they were not performed during a long period of default. Such practice was quite common prior to the amendments to the legislative acts regarding limitations on the accrual of interest on consumer credits (loans) for up to one year. The activities of microfinance organizations are directly related to financial transactions involving the transfer and provision of funds, which may be of interest to criminal circles or other persons engaged in money laundering and terrorist financing. The relevance of the research is also dictated by the lack of sufficient scientific recommendations to create the necessary legal mechanisms and train government agencies, including the Ministry of Internal Affairs, the Prosecutors office and the courts, in order to prevent infringement of citizens rights when they deal with microfinance organizations in obtaining consumer loans. The lack of effective management of such relations is dangerous in terms of requirements set up in article 46 of the Constitution of the Russian Federation on the right to guaranteed judicial protection of the rights and freedoms of citizens. The novelty is related to the attempts to analyze the activities of microfinance organizations not from the position of presenting this type of activity as an economic tool for providing financial assistance to vulnerable segments of the population, but as a potential threat to society, since uncontrolled monetary relations will lead to criminalization of the activity and further worsening of the financial situation of citizens. Practices of foreign countries show that these tools are implemented only in countries with a low level of economic development. In Western Europe, microfinance is practically not used; instead, other tools are applied, such as raising household incomes through the creation of highly qualified jobs, which is a contradictory practice. The purpose of the research is to study public relations in the field of microfinance organizations, identify gaps and contradictions in this area, develop and justify possible legal proposals to eliminate them. Based on the analysis of international agreements in the field of countering the legalization (laundering) of income and withdrawal of funds, mechanisms of interdepartmental interaction in the Russian Federation, it is advisable to develop measures aimed at improving Russian legislation on microfinance activities.

Giant Inguinoscrotal Hernia

The following article devoted to the case of surgical treatment of giant inguinoscrotal hernia of a patient which signed the informed consent to the processing of personal data with dimensions of hernial sac 400x330x306 mm, size of hernial gates 9x8x7cm, loops of the small intestine, mesentery, a large number of heterogeneous liquid up to 14.7 L were determined in the hernial sac. Left herniotomy was performed. Back wall plastic of the inguinal canal was performed according to Liechtenstein. Mesh implant was used for the plastic.

The digital development of the European Union: data governance aspects of cooperative, connected and automated mobility

This article focuses on the issue of data governance in connected vehicles. Firstly, basic notions of autonomous vehicles are analyzed, and a legal framework is introduced. The European Union aims to create cooperative, connected, and automated mobility based on the cooperation of different inter-connected types of machinery. The essence of the system is data flow in connected vehicles, and the issue represents one of the heavily discussed themes in legal doctrine. Therefore, data governance is further discussed in the article. The final part of the article deals with the issue of responsibility and liability of different actors involved in the processing of personal data according to the General Data Protection Regulation applied to the environment of CAV smart infrastructure.

Integration of Blockchain with Connected and Autonomous Vehicles: Vision and Challenge

Connected and Autonomous Vehicles (CAVs) are introduced to improve individuals’ quality of life by offering a wide range of services. They collect a huge amount of data and exchange them with each other and the infrastructure. The collected data usually includes sensitive information about the users and the surrounding environment. Therefore, data security and privacy are among the main challenges in this industry. Blockchain, an emerging distributed ledger, has been considered by the research community as a potential solution for enhancing data security, integrity, and transparency in Intelligent Transportation Systems (ITS). However, despite the emphasis of governments on the transparency of personal data protection practices, CAV stakeholders have not been successful in communicating appropriate information with the end users regarding the procedure of collecting, storing, and processing their personal data, as well as the data ownership. This article provides a vision of the opportunities and challenges of adopting blockchain in ITS from the “data transparency” and “privacy” perspective. The main aim is to answer the following questions: (1) Considering the amount of personal data collected by the CAVs, such as location, how would the integration of blockchain technology affect transparency , fairness , and lawfulness of personal data processing concerning the data subjects (as this is one of the main principles in the existing data protection regulations)? (2) How can the trade-off between transparency and privacy be addressed in blockchain-based ITS use cases?

Personal Data as a Market Commodity in the GDPR Era: A Systematic Review of Social and Economic Aspects

With the development of modern data processing, mining and collection technologies, various companies and institutions will have more opportunities to make these data operations faster and more efficiently. From the economic perspective, processing personal data is evidently lucrative and companies would therefore like to obtain as much data as possible. This paper analyses and summarizes existing and emerging social and economic trends, implications and issues caused by clashes between European legislation on personal data protection (the GDPR) and current data processing practices. Utilizing both quantitative and qualitative data, the article attempts to scrutinize the implications of the conflict between the rising demand for privacy and personal data protection on the one hand and the ever-growing need to process and store personal data, especially by commercial organizations, on the other. Analysing databases, legislation, reports, statistical data and surveys, the paper attempts to provide an estimate of the value of personal data and the consequences of poor handling of personal data.

Brief explanations on EU Directive no. 680/27.04.2016 in the field of personal data processing

The processing of personal data is regulated by Directive 680/2016 when it is carried out by national security institutions or by law enforcement bodies. The Directive establishes the general framework for exemption from the principles of personal data protection enacted by the GDPR, establishing a restrictive and reasoned temporary derogation, considered indispensable for carrying out activities aimed at ensuring national security or the national judicial system, as well as prevention, detection and combating crime.

Duty to protect and responsibility to respect: data privacy violations in pandemic times

ABSTRACT How far can State and businesses ‘play’ with personal data, claiming to protect the right to health in pandemic times? This question leeds to the discussion of the possible damage caused by profiling and contact tracing techniques regarding personality rights in relations between ICT companies and States’. By analysing the way European and Inter-American bodies are tackling data protection rules currently in force, the text analyses the consent as a problematic issue, considering both the opt-in and opt-out model are not enough to protect those rights, especially in pandemic times. Although contact tracing might be used in favour of Public Health policies, it may also result in the violation of human rights. Applying the inductive method, this paper proposes a reflection about online behavioural tracking and profiling practices, explaining the efects of personal data mass gathering and the complex relations between businesses activities and human rights. The main conclusion is that all individuals have the same right to privacy, equality and freedom of choice. Thus, States should provide clear and objective rules to be followed by ICT companies, in accordance with international rules, ensuring individual’s protection and holding data processors accountable for personal data processing.

Data Protection Impact Assessment: A Protection Tool for Migrants Using ICT Solutions

Smart devices have become ubiquitous in everyday life, and it is commonplace that migrants are among the users of connected tools. With the realization that migrants rely on connectivity for multiple purposes, including to access information and services, many initiatives started working on developing ICT tools to assist migrants to integrate into their new society. Technological tools, however, come with inherent risks, many of which are linked to the processing of personal data of their users. This is especially true for migrants, who are often vulnerable due to their migration status, which is not always secure in the host country. To mitigate these risks, we argue that an expanded data protection impact assessment, analyzing not only the impacts related to data protection, but also to the specific situation of migrants, should be conducted at the outset of any technology development project to influence the development of safe and reliable ICT tools for this target population. A practical example of the application of such an assessment is provided, based on the authors’ experience as legal advisors in the REBUILD project, which is one of the current initiatives in the EU aiming to develop ICT tools for migrant integration.

An Assessment of the Protection of Children under the Nigerian Data Protection Regulation 2019

Data protection which evolved out of the established notion of privacy to deal with threats posed to privacy by information communications technology is concerned with the use of laws and policies to regulate the collection and processing of personal data. This paper discusses the level of protection given to children under the Nigerian Data Protection Regulation which is the primary law on the subject matter in Nigeria. To achieve its aim, the paper examines the development of data protection as an offshoot of the established notion of privacy and the need to specifically protect children before discussing the level of data protection afforded children in Nigeria with a view to showing its adequacy or otherwise. The paper found that as a vulnerable group, children face privacy risks posed by information communications technology and may unknowingly disclose personal information due to several factors. So, it is necessary for data protection law to establish safeguards for their protection. The paper also found that the Nigerian Data Protection Regulation does not designate children as vulnerable groups. Further findings are that the law also does not adequately regulate the processing nor provide for the protection of personal data belonging to children and some of its inadequate provisions may adversely affect the effective protection of children’s privacy in today’s digital world. To remedy these shortcomings the paper makes some recommendations that can be implemented immediately and in the future before concluding.

The relationship between human resources activities and the general data protection regulation

Abstract The goal of GDPR is to harmonize consumer rights in the European Union regardless of where they are or where they come from. This has an impact on the processing of personal data within organizations - especially in human resources departments. GDPR has major consequences in the HR field as the employer processes employee data (and potential employees) on a large scale. At the formal level, the Human Resources Director must ensure that the new concepts introduced by the Regulation are correctly reflected in the internal documents governing the duties and responsibilities of the employees. The biggest challenge in this regard is defining the role of the data protection officer at the organization level. The methodological section of this article includes a narrative analysis based on an interview with a data protection officer, head of compliance guide to GDPR. The purpose of this study reflects the impact of the Personal Data Regulations on the Human Resources activities. It is useful for organizations and subjects to know what particular attention should be paid regarding GDPR to the recruitment process, the access methods of the equipment available to the employee, the data protection solutions in the systems and the employee monitoring system.

GDPR Glasnost: Spain’s AEPD raises the transparency bar and sanctions two banks

This paper is a commentary on two recent decisions issued by the Spanish data protection authority (DPA): the AEPD (Agencia Española de Protección de Datos). Both decisions — issued one month apart — developed similar motives and grievances primarily arising from the alleged lack of clarity in the two banks’ privacy notifications to their clients as well as in the consent-collection process and in the formulation of their legitimate interest in processing personal data. These two decisions combined with one issued just a couple of months earlier by the French DPA (CNIL [Commission Nationale de l’Informatique et des Libertés]) appear to draw a new trend: one towards a heightened scrutiny on the details of the data protection documentation set forth by data controllers. Sanctions issued over General Data Protection Regulation’s (GDPR) first two years of implementation had largely focused on penalising manifest disregard for GDPR (primarily in the form of a lack of appropriate technical and organisational measures or the absence of a lawful basis for personal data processing). In each of the three decisions, the data controller was a bank (Banco Bilbao Vizcaya Argentaria, SA [BBVA] and CaixaBank in the two AEPD decisions under review, Carrefour Banque in the CNIL decision previously commented by the co-authors). In the two Spanish decisions, the fines issued were, respectively, for €5m and €6m against BBVA and CaixaBank. Privacy professionals in the banking sector will need to factor in these regulatory developments and reassess the formulation of their privacy notifications. The industry has thus been invited to reassess its duty of privacy information from a new, more rigorous perspective. What degree of detail regarding the specifics of the data processing do regulators expect in a privacy notice? How should data controllers structure the collection of data subject consent to ensure it may constitute a legitimate basis for data processing? What are the elements they need to demonstrate to validly invoke a legitimate interest in the data processing? The two recent AEPD decisions under review set a high bar. While the two decisions are primarily remarkable in their substantive motivation (I), we will also highlight some particularly interesting procedural developments (II).

Practical Methods of Implementation for the Indispensable Mechanism of GDPR Compliance

Abstract New quality that has been delivered by the provisions of General Data Protection Regulation (GDPR) (EU) 2016/679 is intended to secure a higher level of safety for personal data processing operations. The following elaboration was produced as an attempt to address the questions regarding practical methods of implementation for the indispensable mechanism of GDPR compliance. The guidelines contained in the article are supposed to be helpful in enhancing the safety level for processed personal data. Theoretical and legal studies over the status and functioning of the valid legislation with reference to the practical application of personal data processing procedures have been applied in the article. The main sources of knowledge included valid legal acts, opinions from Article 29 Working Party, technical norms as well as available general knowledge. The outcomes of the said studies indicated the complexity of the issue and established the necessity to continue further studies in practical implementation methods, such as the national and European mechanism of certification or sector codes of good practices.

The Difficulty of Defining Sensitive Data—The Concept of Sensitive Data in the EU Data Protection Framework

AbstractThe concept of sensitive data has been a mainstay of data protection for a number of decades. The concept itself is used to denote several categories of data for which processing is deemed to pose a higher risk for data subjects than other forms of data. Such risks are often perceived in terms of an elevated probability of discrimination, or related harms, to vulnerable groups in society. As a result, data protection frameworks have traditionally foreseen a higher burden for the processing of sensitive data than other forms of data. The sui generis protection of sensitive data—stronger than the protection of non-sensitive personal data—can also seemingly be a necessity from a fundamental rights-based perspective, as indicated by human rights jurisprudence. This Article seeks to analyze the continued relevance of sensitive data in both contemporary and potential future contexts. Such an exercise is important for two main reasons. First, the legal regime responsible for the regulation of the use of personal data has evolved considerably since the concept of sensitive data was first used. This has been exemplified by the creation of the EU’s General Data Protection Regulation (GDPR) in Europe. It has introduced a number of requirements relating to sensitive data that are likely to represent added burdens for controllers who want to process personal data. Second, the very nature of personal data is changing. Increases in computing power, more complex algorithms, and the availability of ever more potentially complimentary data online mean that more and more data can be considered of a sensitive nature. This creates various risks going forward, including an inflation effect whereby the concept loses its value, as well as the possibility that data controllers may increasingly seek to circumvent compliance with the requirements placed upon the use of sensitive data. This Article analyzes how such developments are likely to influence the concept of sensitive data and, in particular, its ability to protect vulnerable groups from harm. The authors propose a possible interpretative solution: A hybrid approach where a purpose-based definition acquires a bigger role in deciding whether data is sensitive, combined with a context-based ‘backstop’ based on reasonable foreseeability.

Getting connected: Providing IT services to the German healthcare sector subject to ecclesiastical data protection law

Due to the pandemic, digitisation is advancing at a quicker pace in Germany, especially in the healthcare sector. Many institutions in the German healthcare sector are owned by religious associations or church bodies. Software providers that consider entering into a contractual relationship, in particular with hospitals, may find themselves faced with ecclesiastical data protection laws of the different churches in Germany as well as the corresponding system of ecclesiastical courts and supervisory authorities. European countries generally have one supervisory authority for data protection. Germany, however, has not one but a myriad of supervisory authorities on both, a secular and ecclesiastical level, which are explored in this paper. This paper aims to give businesses interested in the opportunities arising from the digitisation development an overview of what it entails to conclude a contract for processing personal data of German entities in the healthcare and related sectors and points out the differences between the General Data Protection Regulation (GDPR) and the Catholic as well as Evangelical data protection law.

Assessment of Legality of Anti-Terrorist Screening of Job Seekers Under EU Law and National Law. A Theoretical and Practical Approach

Abstract The aim of the scientific paper is to identify employer’s options when engaging in anti-terrorist screening of future employees and to assess the compliance of such a procedure with the relevant European and national legislation. Through the use of qualitative scientific methods such as the analytical-descriptive method, comparison, critical analysis, induction, deduction, and synthesis of the acquired knowledge, the authors draw attention to a different approach to choosing appropriate legal bases for processing relevant information about employees, including different approach to labour law and the personal data protection law. The analysis of the principle of legality of personal data processing in the framework of anti-terrorist screening of job seekers takes into account a specific position of the job seeker as a weaker party to the prospective employment agreement.

Teleology: The missing piece to solving the GDPR puzzle

The Court of Justice of the European Union (CJEU) plays an essential role as the supreme interpreter of primary and secondary European law. Since its inception, the CJEU adopted four methods of interpretation — grammatical, contextual, historical and teleological — and often used all of them to clarify a provision in question. For many reasons, the teleological method is often avoided or misunderstood by many. Regardless of personal opinions, however, the teleological method’s significant impact on the legal interpretation of European Union (EU) legislation must be acknowledged. Rightly or not, the majority of interested parties perceive the provisions of the General Data Protection Regulation (GDPR) as ambiguous. The EU’s 24 official languages hinder the use of the grammatical method of interpretation as the primary and absolute one. The contextual and historical methods are often inconclusive. Consequently, the teleological method of legal interpretation, focusing on the goals and objectives of the legislation, allows the CJEU to adjudicate coherently with the whole EU legal system and its objectives. Recognising that the goals and objectives are part of the GDPR complements the grammatical, contextual and historical interpretation methods and help see the regulation in its intended light: a legal framework for personal data processing, which respects everyone’s fundamental right to personal data protection, aiming to balance it with other fundamental rights. This paper aims to draw attention to the often forgotten or only reluctantly applied teleological interpretation method in implementing the GDPR.

Cryptography as the Means to Protect Fundamental Human Rights

Cryptography is traditionally considered as a main information security mechanism, providing several security services such as confidentiality, as well as data and entity authentication. This aspect is clearly relevant to the fundamental human right of privacy, in terms of securing data from eavesdropping and tampering, as well as from masquerading their origin. However, cryptography may also support several other (legal) requirements related to privacy. For example, in order to fulfil the data minimisation principle—i.e., to ensure that the personal data that are being processed are adequate and limited only to what is necessary in relation to the purposes for which they are processed—the use of advanced cryptographic techniques such as secure computations, zero-knowledge proofs or homomorphic encryption may be prerequisite. In practice though, it seems that the organisations performing personal data processing are not fully aware of such solutions, thus adopting techniques that pose risks for the rights of individuals. This paper aims to provide a generic overview of the possible cryptographic applications that suffice to address privacy challenges. In the process, we shall also state our view on the public “debate” on finding ways so as to allow law enforcement agencies to bypass the encryption of communication.