Personal Data Protection Research Articles

Association between nutritional status, daily nutrition delivery and clinical outcomes of critically ill adult patients admitted to the intensive care unit: a protocol for Isfahan multicentre prospective observational cohort ICU study (the Isfahan-ICU study)

IntroductionThere is currently limited information regarding the association between the modified Nutrition Risk in Critically Ill (mNUTRIC) score, nutrition delivery and clinical outcomes in critically ill patients admitted to the...

Evaluating the Limitations of the Digital Personal Data Protection Act,2023: A Critical Analysis

Evaluating the Limitations of the Digital Personal Data Protection Act,2023: A Critical Analysis

The Concept Of Legal Norms Of Personal Data Protection Related To Data Processing In The Form Of Artificial Intelligence

Issues examined in this study: first, How is the protection of personal data related to data processing in the form of artificial intelligence in Indonesia. Second, what is the concept of the existing legal norms of personal data protection related to data processing in the form of artificial intelligence. The method of research is carried out in literature with the type of normative legal research, according to dogmatic issues related to the emptiness of norms. Findings in this study found the protection of personal data related to data processing in the form of artificial intelligence in Indonesia there are two views. In this regard, the protection of personal data in data processing through artificial intelligence in Indonesia has no legal certainty to be protected. Because legal certainty refers to the application of clear, fixed, consistent and consequent laws whose implementation cannot be influenced by subjective circumstances. The concept of existing legal norms for personal data protection related to data processing in the form of artificial intelligence special arrangements stipulated in Law Number 27 of 2022 can be said to have accommodated personal rights. However, the existing condition of artificial intelligence norm is only legally domiciled as a legal object, because it is needed by the party responsible for the actions of artificial intelligence. Legal liability for the actions of artificial intelligence can be charged or imposed on the organizers of artificial intelligence.

Digital technologies in territorial development: Opportunities and challenges of application in state and municipal administration

Digital technologies are introduced into state and municipal administration with a view of strengthening interaction of authorities of different levels with each other and the population, as well as increasing the speed and quality of decision-making. At the same time, digital transformation processes at regional and municipal levels are highly differentiated. The paper delves into theoretical, methodological and practical aspects of the use of digital technologies in territorial development and looks at oppor tunities for their application in state and municipal administration. Methodologically, the study rests on the theories of regional growth and strategic management, spatial theory, and the concept of digital society. Synthesis, data analysis, visualization, and ex pert assessment are applied as research methods. Empirical data are retrieved from the Federal State Statistics Service (Rosstat) and regulatory documents on the development of the RF subjects. Our study confirms that digitalization is becoming a critical factor in long-term territorial development. We have systematized the types of digital technologies employed in governance processes and revealed that their use by state authorities and local self-governments (SAs and LSGs) is highly differentiated. The Ural and Central Federal Districts are leaders in the use of digital technologies. The findings indicate the need for cultivating mutual consistency and integration of digital transformation strategies and regional development strategies. To ensure effective digitalization of territories at different levels, it is necessary to define the boundaries and standards for the use of digital technologies, develop technical com petencies of decision-makers, guarantee information security and protection of personal data, and reduce fraud risk.

Protection of personal data in the sphere of tourist activities

Relevance. The largest share of online purchases by Russians was made in the popular category "travel and accommodation" which requires the transfer of personal data by a tourist. It follows from statistical reports on the development of the tourism industry. Personal data of a tourist as a consumer of services are used in contracts with tour operators, hotels, carriers, guides who carry out individual activities. Such data are taken into account in business processes to form personal tourist experience and customize targeted advertising with its help. In this regard, the issue of improving the mechanisms for protecting tourists personal data is becoming relevant.The purpose is to establish the content of personal data protection in the field of tourism.Research objectives: to determine the state of personal data protection; establish legal requirements for tour operators to ensure personal data protection of tourists; summarize the jurisprudence on research subject.Methodology. The article is based on such methods as: analysis, description, interpretation, generalization, formal-legal.Results. In the course of the study, it was found that the protection of tourists personal data is carried out by the norms of several federal legislative acts; tour operators independently establish a list of necessary information about the tourist for conducting activities and determine the policy regarding customers personal data processing; claims against tour operators with reference to the norms of civil legislation on the protection of personal data as independent requirements are not presented.Conclusion. Personal data of tourists are protected by special federal legislation and many departmental regulations prescribing the obligation to ensure the safety of personal confidential information about the tourist and the customer of the service. In cases of this category, other legal methods of protecting the intangible good in question are used (norms of the law on personal data, administrative and criminal legislation), the explanation for which is seen in the unresolved issues related to the legal regime of two phenomena - personal data and private life.

Everyone Is Safe Now: Constructing the Meaning of Data Privacy Regulation in Vietnam

Abstract This article explores Vietnam’s distinctive approach to data privacy regulation and its implications for the established understandings of privacy law. While global data privacy regulations are premised on individual freedom and integrity of information flows, the recent Vietnamese Decree 13/2023/NĐ-CP on Personal Data Protection (herein PDPD) prioritise state oversight and centralised control over information flows to safeguard collective interests and cyberspace security. The fresh regulatory logic puts data privacy under the regulation of government agencies and moves the privacy law arena even further away from the already distant judicial power. This prompts an exploration of the nuances underlying the ways regulators and the regulated communities understand data privacy regulation. The article draws on social constructionist accounts of regulation and discourse analysis to explore the epistemic interaction between regulators and those subject to regulation during the PDPD’s drafting period. The process is highlighted by the dynamics between actors within a complex semantic network established by the state’s policy initiatives, where tacit assumptions and normative beliefs direct the way actors in various communities favour one type of thinking about data privacy regulation over another. The findings suggest that reforms to privacy laws may not result in “more privacy” to individuals and that divergences in global privacy regulation may not be easily explained by drawing merely from cultural and institutional variances.

Personal Data Protection for Online Job Seekers in the Mode of Freelance Job Vacancy Fraud

Personal Data Protection for Online Job Seekers in the Mode of Freelance Job Vacancy Fraud

Wearable Technology in the Perspective of Personal Data Protection Law: A Comparative Study Between Indonesia and the European Union

Wearable Technology is a device that works by recording and collecting various user data such as personal activity and physiological and environmental data. This data enables users to monitor and manage their health with the abundance of personal information provided. Despite its benefits, wearable technology poses potential risks to privacy and data security. Given the sensitivity and confidentiality of health-related personal data, it is crucial to emphasize privacy in wearable technology. The enactment of the Personal Data Protection Law (UU PDP) aims to provide legal certainty for Indonesian citizens against potential digital crimes. Through a comparative study with the provisions applicable in the European Union (EU), this paper analyzes the conception of personal data protection in wearable technology. The findings reveal that the EU's General Data Protection Regulation (GDPR) provides a more comprehensive framework, highlighting areas where Indonesia's UU PDP could be enhanced. Recommendations include adopting stricter data management protocols and raising public awareness to mitigate privacy risks associated with wearable technology.

An overview of personal data protection in mobile IoT based upon a bibliometric analysis

An overview of personal data protection in mobile IoT based upon a bibliometric analysis

Analisis Perlindungan Data Pribadi bagi Pengguna E-commerce Menurut Perspektif Hukum di Indonesia

The development of technology in Indonesia means that buying and selling transactions can also be done electronically without having to meet face-to-face between sellers and buyers, namely through electronic commerce platforms or e-commerce. Through this e-commerce platform, a buyer must include personal data such as name, residential address and mobile phone number. The purpose of this research is to find out how the regulations regarding the protection of personal data for e-commerce users in Indonesia and what sanctions are given to e-commerce companies as electronic system providers if there is a leak of user personal data. The research method used by the author is the normative juridical method and statute approach. From the research results obtained, the protection of personal data in Indonesia is regulated in Law Number 27 of 2022 and ITE Law. The conclusion is that the protection of personal data in Indonesia already has regulations that regulate so there is no need to worry if you are going to make buying and selling transactions through e-commerce

Consumer Protection Strategies through Legal and Management Perspectives in the Era of Voice Cloning

The advancement of artificial intelligence technology, especially voice cloning, opens up opportunities for innovation while also presenting new risks in digital marketing. This study explores the potential for misuse of this technology to manipulate consumers through false promotions, using a legal and management perspective. Using a normative legal approach and literature study, this study analyzes regulations in Indonesia, such as the Information and Electronic Transactions Law, the Consumer Protection Law, and the Personal Data Protection Law, and compares them with practices in other countries. The results of the study indicate that regulations in Indonesia are not yet adequate to handle the complexity of voice cloning misuse, especially in consumer and personal data protection. Therefore, companies are advised to adopt strategies such as utilizing detection technology, increasing consumer digital literacy, and implementing stronger internal policies. This study highlights the importance of updating regulations that are more responsive to technological developments, including voice cloning. In addition, cross-sectoral collaboration between the government, industry players, and the community is key to protecting consumers while utilizing the potential of voice cloning technology responsibly and ethically.

Assessment of the Efficiency of Using Smart Contracts for Intelligent Analysis of user Actions in Social Networks

With the development of digital technologies, smart contracts are becoming an important tool for improving social networks. The research examines the integration of smart contracts for intelligent data analysis and process automation. These self-executing blockchain-based applications could revolutionize the way data management, content monetization, and user engagement are approached. The developed system provides automation of transactions, payments to authors, protection of personal data and decision-making in communities. This makes it possible to monitor user interaction in real time and analyze their activity, automatically recording and processing data without the intervention of intermediaries. This approach provides high transparency and accuracy, which makes it effective for researching social trends, identifying public opinion leaders, and evaluating content impact. Smart contracts also help streamline processes that previously required human intervention, keeping all actions and transactions stored on the blockchain transparent. This increases user trust and creates a fairer environment for interaction on the platform. Therefore, the developed system includes several technological aspects, such as blockchain, smart contracts, intelligent data analysis, as well as the integration of these technologies in social networks

ENABLING DATA PORTABILITY AND INTEROPERABILITY UNDER INDONESIA'S DATA PROTECTION LAW

The Indonesian parliament ratified the Personal Data Protection (PDP) Law in October 2022, introducing the Right to Data Portability (RtDP) in Article 13. This concept enables seamless information transfer, enhances personal control, and fosters innovation in the digital economy. This study analyzed data portability provisions under the PDP Law and drew insights from the EU and UK's experiences. Findings showed that data portability under the PDP Law, similar to the GDPR, fell short due to the absence of standardized guidelines, interoperability architectures, and non-mandatory compatibility policies. Prioritizing Open APIs for interoperability was crucial. Effective public-private collaboration was key in establishing sector-specific and cross-sector interoperability standards aligned with PDP Law regulations

The Use of Artificial Intelligence as the Basis for Sustainable Human Development: Features of International Legal Regulation

INTRODUCTION. The latest digital technologies play a key role in the development of modern society and the state, contribute to their further progress and improvement. One of the varieties of such technologies is artificial intelligence (hereinafter – AI), which has a significant impact on all aspects of human life. The article examines the problem of international legal regulation of AI, analyzes existing documents and identifies the main problems and challenges facing the world community. Particular attention is paid to the issues of establishing a balance between the expansion of AI capabilities and the risks associated with the transfer of management decisions from human to machine. The objectives of the work are: to analyze existing concepts of AI and international acts regulating the specifics of using this technology, to consider topical issues of improving legal regulation and practice of using AI, to determine the prospects for further development of legal regulation of AI.MATERIALS AND METHODS. The sources of international law of a universal and regional character, scientific works related to the topic under research were analyzed. Formal legal, comparative legal and historical legal methods were used as research methods.RESEARCH RESULTS. AI is one of the most important and key elements of sustainable human development, the use of which contributes to technological progress and solving global problems. International legal regulation of the use of AI is at the stage of development and formation of new rules, the creation of which must take into account the possible risks and specifics of the use of technology in various fields. International cooperation and exchange of experience in the field of legal regulation of AI is designed to promote the harmonization of approaches and standards in this area, taking into account the principles of sustainable development, environmental safety and protection of personal data of users.DISCUSSION AND CONCLUSIONS. The main conclusions of the research are as follows. AI helps automate many processes, increases work efficiency and improves the quality of life of people and society as a whole. Cooperation between states and international organizations is a key factor in the successful development and application of AI, contributes to the creation of common principles for ensuring security, transparency and maintaining the technological sovereignty of countries. However, at the moment, the international legal regulation of AI is at the initial stage of its development and many countries face problems with the lack of appropriate norms and standards. The consistent development of legal regulation at the international universal and regional levels, the introduction of clear and comprehensive terminology, taking into account the existing experience of individual international organizations will allow us to continue working on the development and improvement of standards in the field of AI, taking into account the interests of all participants in the international community.

Cyber ​​Crime Crimes in Indonesian Law and Efforts to Prevent and Handle Cyber ​​Crime Cases

Cybercrime refers to crimes conducted through computer networks and the internet, encompassing various illegal activities such as data theft, online fraud, hacking, and malware distribution. In Indonesia, regulations concerning cybercrime are primarily governed by Law Number 11 of 2008 on Electronic Information and Transactions (EIT Law), which was later amended by Law Number 19 of 2016. The handling of cybercrime in Indonesia has evolved alongside rapid digitalization, particularly in the financial, telecommunications, and social media sectors.This study aims to analyze the application of cybercrime laws in Indonesia and the challenges faced in law enforcement. Additionally, it examines the preventive efforts made by various stakeholders, including the government, private sector, and the public, through the strengthening of security infrastructure, digital literacy campaigns, and international collaboration in tackling cybercrime.The research methodology used in this study is normative juridical with a legislative and case study approach. The author examines various regulations, including the EIT Law and the Personal Data Protection Law, as well as notable cybercrime cases in Indonesia, such as ransomware attacks on hospitals and data theft in the banking sector.The study concludes that while Indonesia has a strong legal framework for addressing cybercrime, challenges remain in the ability of law enforcement to apply digital forensic technology, low public digital literacy, and suboptimal international cooperation. Therefore, strengthening law enforcement capacity, developing data protection policies, and increasing public awareness are necessary to address the growing cybercrime threat.

Establishing A Personal Data Protection Agency for E-Commerce in Indonesia

The rapid growth of e-commerce in Indonesia has led to a significant increase in the collection and processing of personal data, raising concerns regarding data security and privacy rights. This study analyzes the urgency of establishing a Personal Data Protection Agency (LPDP) specifically for e-commerce users in Indonesia, considering the increasing risks to personal data in the digital marketplace. This research focuses on addressing the limitations of the current legal framework, particularly the gaps in the Indonesian Personal Data Protection Law (UU No. 27 of 2022), and proposes an independent body with clear authority to regulate, monitor, and enforce data protection standards. This study employs a qualitative approach using normative legal analysis to evaluate existing regulations and assess the evolving needs of the e-commerce sector. The findings suggest that the absence of detailed implementation regulations and lack of a specific regulatory body create significant legal uncertainties, exposing users to potential data breaches. Establishing the LPDP is expected to strengthen data protection measures, enhance consumer trust, and provide legal certainty in Indonesia's digital economy. The proposed structure of the LPDP includes directorates for policy and regulation, supervision and audits, law enforcement, and public education and awareness. The implementation of effective personal data protection policies requires a comprehensive and coordinated approach, with the LPDP having sufficient authority and resources to perform its duties. This study highlights the importance of establishing an independent regulatory body to ensure the protection of personal data and privacy rights in Indonesia's rapidly expanding e-commerce sector.

Legal Aspects of Personal Data Protection and the Issues of Competition in Digital Marketplaces

Legal Aspects of Personal Data Protection and the Issues of Competition in Digital Marketplaces

Harmonization of Law on the Future Challenges of Notaries in Indonesia in Facing the Cyber Notary Era

This article discusses the harmonization of law in facing the future challenges of notaries in Indonesia in the Cyber Notary era. With the development of technology, traditional notary practices have undergone a significant transformation towards digitalization, creating a need to review the existing legal framework. This article focuses on two main problem formulations. First, the analysis of the suitability of laws and regulations with the needs of Cyber Notary practices in Indonesia. This evaluation includes whether existing regulations, such as the Notary Law, the Regulation of the Minister of Law and Human Rights, and the Law on Information and Electronic Transactions are sufficient to support electronic notaries and how legal harmonization can improve the certainty and effectiveness of notary services. Second, the interpretation and adaptation of existing legal principles to address legal and ethical challenges in the Cyber Notary era. This article examines aspects of document validity, personal data protection, and notary responsibilities in the context of digitalization. The main objective is to identify emerging legal challenges and provide recommendations for legal harmonization that can ensure integrity and trust in the notary profession in the digital era.

Civil Liability by the National Land Agency (BPN) in the Protection of Personal Data on Electronic Certificates

This research aims to examine, study and explore the legal position of electronic certificate services (e-certificate) and personal data protection within the scope of legal arrangements. In addition, the author wants to encourage the responsiveness and responsibility of the National Land Agency (BPN) in organizing regulations and policies that are fair, certain and beneficial to land rights holders who are legal subjects, as mandated by the 1945 Constitution Article 28D Paragraph 1, Article 28G Paragraph 1 and Article 28H Paragraph 4. The policy of electronic land registration and issuance of electronic certificates organized by BPN is a step to improve land services in Indonesia through digital transformation which aims to provide a sense of security, justice and legal certainty for holders of land rights. However, many of these policies have created pros and cons in the community because the electronic system in Indonesia as a whole is still very vulnerable to cyber threats. Therefore, the importance of BPN's responsibility in providing legal certainty to land rights holders is regulated by legislation because until now the regulation does not exist so the author suggests the establishment of new regulations that contain the form and mechanism of responsibilities that must be carried out by BPN. This research uses an approach that has been used by other researchers, namely normative juridical with a statute approach and conceptual approach through literature studies analyzed descriptively qualitative. The problems to be answered regarding the regulation or legal basis of the implementation of the electronic land certificate policy and the limits of the responsibility of the BPN in providing legal certainty and justice to land rights holders.

The Validity of Electronic Evidence and Its Relation to Personal Data Protection

An examination of electronic evidence within the context of Indonesian criminal law focuses on the evolving role of electronic evidence in criminal proceedings, highlighting the challenges arising from the absence of clear regulation in the Indonesian Criminal Procedure Code (KUHAP) and the necessity of balancing this with privacy rights under the Personal Data Protection Law (UU PDP). Electronic evidence, such as digital data and electronic documents, is increasingly recognized under the applicable laws in Indonesia, yet its practical application remains complex within the criminal justice system. This research employs a normative legal methodology, analyzing relevant legal provisions and their interplay, particularly concerning the validity of electronic evidence and data privacy. Both statutory and conceptual approaches are utilized, reviewing primary legal materials such as KUHAP, UU PDP, and related regulations. The study also examines key legal principles, including compliance, transparency, and proportionality, in the context of handling electronic evidence. Secondary data is gathered through a comprehensive literature review, including legal texts, academic books, and journals. The findings indicate significant gaps in the current legal framework, particularly regarding the procedural norms for evidence collection and the tension between privacy rights and criminal justice needs. The research concludes with recommendations for legal reforms aimed at integrating electronic evidence more effectively into KUHAP, ensuring greater consistency, safeguarding privacy, and promoting procedural fairness in criminal proceedings.