Protection Standards Research Articles

Cross-Border Data Forensics: Challenges and Strategies in the Belt and Road Initiative Digital Era

Cross-border data forensics in the era of the Belt and Road Initiative (BRI) are facing increased complexity. Multinational enterprises are encountering legal and technical challenges due to the fragmentation of global data regulations. The different data protection standards in major jurisdictions such as the European Union, China and the United States have created varying approaches to data privacy, national security, and cross-border data flow management. A study was conducted to explore the intricate framework of traditional Mutual Legal Assistance (MLA) in criminal cases. It highlights the inefficiency of cross-border data forensics and proposes reform proposals to strengthen international data-sharing cooperation. The study suggests that data localization is an effective alternative, but developing digital forensics standards in line with the goals of the Belt and Road Initiative would be a better option. To achieve this, a comprehensive regulatory framework needs to be established that balances national security, personal privacy and international cooperation in data exchange. The framework should emphasize that cross-border data management needs to coordinate and integrate technical, legal and business considerations.

Enhancing the Responsibilities of Data Controllers in Vietnam: Insights from the European General Data Protection Regulation


 This article explores the evolving landscape of data protection law in Vietnam, focusing specifically on the responsibilities of data controllers under Vietnam's new Personal Data Protection Decree (Decree No. 13/2023/ND-CP - hereinafter referred to as Decree 13) and compares it with the European Union's General Data Protection Regulation (GDPR). The main objective is to assess how the provisions regarding data controllers’ responsibilities under Decree 13 align with international data protection standards, identifying its progress and challenges. The analysis uncovers both convergence and divergence points between the related provisions under Decree 13 and the GDPR, particularly in terms of clarity, scope, and enforcement mechanisms. A significant challenge identified is the ambiguity in Decree 13’s provisions on data controllers’ responsibilities and the absence of several essential elements, which could undermine the effectiveness of Vietnam's data protection framework. To address these issues, the article offers strategic recommendations for legislative improvements and practical adjustments for data controllers in Vietnam. In conclusion, while navigating the path to a comprehensive data protection framework poses challenges for Vietnam, this journey offers an opportunity to align with regional and global developments in data protection laws. By learning from the GDPR and adapting to its specific features, Vietnam can develop a robust, effective, and trustworthy data protection environment, safeguarding its citizens' privacy rights and facilitating a favorable international business climate.

Data Protection and Privacy as a Fundamental Right - An In-depth Analysis of the European Union and India's Data Protection Legislation

In the digital age, the protection of personal data and the right to privacy have emerged as paramount concerns, necessitating robust legal frameworks to safeguard these fundamental human rights. This paper embarks on a comprehensive study of data protection laws in two distinct jurisdictions, the European Union (EU) and India. By examining the EU’s General Data Protection Regulation (GDPR), renowned for its stringent data protection standards, and juxtaposing it with India’s evolving legal framework, particularly in light of the Supreme Court’s landmark recognition of privacy as a fundamental right and the ongoing deliberations on the Digital Personal Data Protection Act (DPDPA), 2023, this research aims to unravel the complexities of legislating privacy in the digital era. Through a comparative analysis, the article highlights the similarities and divergences between the GDPR and the DPDP Act, evaluates the effectiveness of these frameworks in safeguarding privacy, and explores the challenges posed by technological advancements. Furthermore, it delves into the future of data protection laws. By integrating legal analysis with the theoretical underpinnings of privacy as a fundamental right, this research contributes to the global discourse on data protection, advocating for a dynamic legal landscape that aligns with the evolving nature of privacy threats in the digital world.

Prawo do tożsamości dziecka urodzonego w drodze surogacji

The following article examines the right to identity of children born through surrogacy. It is a review of international law, the jurisprudence of the European Court of Human Rights (in particular, Mennesson v. France, Labassee v. France, Paradiso and Campanelli v. Italy, A.M. v. Norway), Polish state law, jurisprudence and legal literature, the purpose of which is to establish: what is the right to identity, what is its scope and elements, and what is the current standard of protection of the child’s identity. The article also addresses the conflict between the right to identity of a child born as a result of a surrogate pregnancy, in the context of the right to know one’s origin, and the right to privacy of gamete donors who wish to preserve their anonymity.

Towards Differential Privacy in Sequential Recommendation: A Noisy Graph Neural Network Approach

With increasing frequency of high-profile privacy breaches in various online platforms, users are becoming more concerned about their privacy. And recommender system is the core component of online platforms for providing personalized service, consequently, its privacy preservation has attracted great attention. As the gold standard of privacy protection, differential privacy has been widely adopted to preserve privacy in recommender systems. However, existing differentially private recommender systems only consider static and independent interactions, so they cannot apply to sequential recommendation where behaviors are dynamic and dependent. Meanwhile, little attention has been paid on the privacy risk of sensitive user features, most of them only protect user feedbacks. In this work, we propose a novel DIfferentially Private Sequential recommendation framework with a noisy Graph Neural Network approach (denoted as DIPSGNN) to address these limitations. To the best of our knowledge, we are the first to achieve differential privacy in sequential recommendation with dependent interactions. Specifically, in DIPSGNN, we first leverage piecewise mechanism to protect sensitive user features. Then, we innovatively add calibrated noise into aggregation step of graph neural network based on aggregation perturbation mechanism. And, this noisy graph neural network can protect sequentially dependent interactions and capture user preferences simultaneously. Extensive experiments demonstrate the superiority of our method over state-of-the-art differentially private recommender systems in terms of better balance between privacy and accuracy.

Feasibility of Liver Transplantation after 90 Y Radioembolization: Lessons from a Radiation Protection Incident.

Radioembolization using 90 Y is a growing procedure in nuclear medicine for treating hepatocellular carcinoma. Current guidelines suggest postponing liver transplantation or surgical resection for a period of 14 to 30 d after radioembolization to minimize surgeons' exposure to ionizing radiation. In light of a radiation protection incident, we reevaluated the minimum delay required between radioembolization and subsequent liver transplantation. A patient with a hepatocellular carcinoma underwent a liver transplantation 44 h after undergoing radioembolization using 90 Y (860 MBq SIR-Spheres). No specific radioprotection measures were followed during surgery and pathological analysis. We subsequently (1) evaluated the healthcare professionals' exposure to ionizing radiation by conducting dose rate measurements from removed liver tissue and (2) extrapolated the recommended interval to be observed between radioembolization and surgery/transplantation to ensure compliance with the radiation dose limits for worker safety. The surgeons involved in the transplantation procedure experienced the highest radiation exposure, with whole-body doses of 2.4 mSv and extremity doses of 24 mSv. The recommended delay between radioembolization and liver transplantation was 8 d when using SIR-Spheres and 15 d when injecting TheraSphere. This delay can be reduced further when considering the specific 90 Y activity administered during radioembolization. This dosimetric study suggests the feasibility of shortening the delay for liver transplantation/surgery after radioembolization from the 8th or 15th day after using SIR-Spheres or TheraSphere, respectively. This delay can be decreased further when adjusted to the administrated activity while upholding radiation protection standards for healthcare professionals.

A Brief Discussion on Environmental Monitoring in En- vironmental Impact Assessment

In recent years, the natural environment s continuous deterioration of our country s government and society made our country the environmental problem great attention, the current environmental problem of our country is extremely serious, but in such circumstances, the city development must meet the environmental protection requirement, to promote the harmonious development of the man and the nature, but wants to achieve this purpose must carry on environmental assessment to construction project, So that it can meet the corresponding en- vironmental protection standards, and this environmental protection assessment is through the environmental impact assessment to complete. Environmental impact assessment cannot exist alone, it needs the support of all kinds of relevant environmental data, and the means to obtain these environmental data is environmental monitoring, it can be said that environmental monitoring is extremely important to environmental impact assessment, the paper analyzes the environmental monitoring problems in environmental impact assessment.

Abstract 2283: A targeted mutation calling workflow - end to end - from FASTQ to clinical report for single cells

Abstract Molecular profiling of rare cancer cells derived from liquid biopsy holds promise to monitor systemic cancer progression and guide personalized therapy interventions. However, this necessitates reliable and comprehensive profiling of samples at the single cell level and requires whole genome amplification (WGA), which adds amplification errors and bias to common sequencing errors. Therefore, we established a single-cell mutation calling workflow that can identify clinically actionable somatic mutations in rare single cell DNA with high sensitivity and accuracy. Our workflow is an end-to-end solution which can take FASTQ reads from any Panel Sequencing (PanelSeq) data and gives out single nucleotide variations (SNVs), insertion-deletions (InDels), and copy number variations (CNVs) in single cells alongside with mutation specific information from ClinVar, OncoKB, pathogenicity scores, conservations scores as well as known association to drug response and resistance. We incorporated a Bayesian Neural Network (NN) based Classifier algorithm that assigns a single statistical confidence score to the mutations, enabling prioritization of the mutations in a robust manner. On the training dataset including MDA-MB-453, BT474, BT549 and ZR-75.1 cell lines, the classifier achieved 91% sensitivity and 96% specificity (AUC=0.98), while on the independent test collective including HCC1395/HCC1395BL cell lines it achieved 84% sensitivity and 96% specificity (AUC=0.90). We applied the workflow to patient samples suffering from advanced metastatic Triple Negative Breast Cancer (TNBC) assayed with in-house single-cell Integrated Mutation Profiling of Actionable Cancer Targets (scIMPACT) and single-cell Whole Exome Sequencing (scWES). Using our method, we detected clinically actionable SNVs with pathogenic relevance in primary tumor, metastatic specimens, circulating tumor cells (CTCs) from blood and disseminated cancer cells (DCC) from pleural effusions, as well as the matched CTC-derived in vivo models (CDX). Notably, functional in vitro drug screens performed on CDX models uncovered susceptibility to approved drug treatments conferred by mutations detected in the samples. In summary, we introduce a novel mutation calling workflow facilitating detection of SNVs, Indels and CNVs in rare single cells with high sensitivity and precision. Confident scores assigned by the NN classifier enables identification of functionally actionable mutations. The workflow was executed in GDPR compliant fashion and follows all data protection standards imposed by the European laws. Accordingly, the method is well suited for molecular profiling, therapeutic target selection and longitudinal monitoring of liquid biopsy specimens in diagnostic environments. Citation Format: Adithi Ravikumar Varadarajan, Thomas Ragg, Jonas Grote, Vadim Dechand, Steffi Treitschke, Clara Chaiban, Christoph Klein, Zbigniew Czyz, Jens Warfsmann. A targeted mutation calling workflow - end to end - from FASTQ to clinical report for single cells [abstract]. In: Proceedings of the American Association for Cancer Research Annual Meeting 2024; Part 1 (Regular Abstracts); 2024 Apr 5-10; San Diego, CA. Philadelphia (PA): AACR; Cancer Res 2024;84(6_Suppl):Abstract nr 2283.

DATA PRIVACY AND SECURITY IN IT: A REVIEW OF TECHNIQUES AND CHALLENGES

In today's interconnected digital world, data privacy and security have emerged as paramount concerns for individuals, organizations, and governments alike. This review provides a comprehensive review of techniques and challenges surrounding data privacy and security in information technology (IT) systems. The review begins by outlining the significance of data privacy and security in IT, emphasizing the proliferation of sensitive information stored and transmitted across various digital platforms. With the exponential growth of data collection, storage, and processing, ensuring the confidentiality, integrity, and availability of data has become imperative. Next, the review delves into the techniques employed to safeguard data privacy and security in IT environments. Encryption techniques, such as symmetric and asymmetric cryptography, play a crucial role in protecting data from unauthorized access and interception. Additionally, access control mechanisms, including authentication and authorization protocols, help manage user privileges and restrict unauthorized entry into sensitive data repositories. Furthermore, anonymization and pseudonymization techniques are utilized to conceal personally identifiable information (PII) and mitigate the risk of identity theft and privacy breaches. Moreover, the review discusses the challenges associated with data privacy and security in IT ecosystems. These challenges include the evolving nature of cyber threats, such as malware, ransomware, and social engineering attacks, which constantly test the resilience of IT defenses. Additionally, compliance with regulatory frameworks, such as the General Data Protection Regulation (GDPR) and the Health Insurance Portability and Accountability Act (HIPAA), presents significant challenges for organizations striving to adhere to stringent data protection standards while maintaining operational efficiency. Furthermore, emerging technologies, such as the Internet of Things (IoT) and artificial intelligence (AI), introduce novel security risks and privacy concerns due to their interconnected nature and reliance on vast amounts of data. In conclusion, the review underscores the critical importance of continuously evaluating and enhancing data privacy and security measures in IT systems to mitigate risks, comply with regulations, and foster trust among stakeholders in an increasingly digitalized world.
 Keywords: Data, Privacy, Security, IT, AI.

REALIZATION OF THE RIGHT TO ENSURE A HIGH LEVEL OF CONSUMER PROTECTION IN THE EUROPEAN UNION

The subject of the article is the realization of the right to ensure a high level of consumer protection in the European Union. The basis for constructing this law is Art. 38 of the Charter of Fundamental Rights of the European Union, the provisions of the Treaty on the Functioning of the European Union and EU directives defining the subject of consumer law. The article discusses the normative basis for the protection of consumer rights in European Union law. Selected standards of consumer rights protection in the case law of the Court of Justice of the European Union were discussed, too. The article also discusses the role of European Union consumer law in realization of the right to consumer protection in the Republic of Poland. According to the author Art. 76 of the Constitution of the Republic of Poland does not provide grounds for constructing a subjective right to ensure a high level of consumer protection. Therefore, the provisions of European Union law and the case law of the Court of Justice of the European Union are of key importance.

Indonesia’s Responsibility as a Non-Party to the 1951 Convention and 1967 Protocol on the Status of Refugees in its Protection

Under ordinary circumstances, someone who enters other countries shall be provided with travel documents and required visa as entry permit. On the other hand, if they enter to the territory of another country because of feeling well-founded fear, such as their safety are threatened; and the country of their origin occurs social unrest or war. Therefore, the person may not have complete travel documents and visas. Movement of people who want to enjoy the protection of another country because they feel unsafe in their own country can be filed a request for refugee status. International refugee problem (Refugee) has existed since 1921, the prior international community responded to such events to the preparation of the 1951 Convention and the 1967 Protocol on the Status of Refugee. Nowadays, many countries have ratified them. In both these legal instruments, these contained provisions on international protection standards to international refugees for the states parties. For the countries that are not a party to the Convention and the Protocol, such as the Indonesian state, is not bound to the provisions of these legal instruments. Indonesia as well as other countries that have not ratified, then they have only a moral obligation or humanitarian responsibility. Based on the principle of humanity in the entire country, although they have not yet ratified, there is no a reason to refuse in protecting the refugees.

International investment agreements and the global minimum tax: of treaty troubles and investment incentives

Abstract Statutory and effective tax rates have witnessed a marked decline over the past decades, prompting international tax policymakers to grapple with the challenge of tax competition. The latest tool in this struggle is the global minimum tax (GMT). This paper examines the intersection between the GMT and International Investment Agreements (IIAs). It first briefly explains the operation of the GMT and reviews how IIAs address domestic tax measures. It goes on to argue that multinational enterprises (MNEs) affected by the GMT are unlikely to file large numbers of investor-State dispute settlement cases to challenge its implementation. Instead, MNEs will leverage IIAs in seeking to replace corporate income tax incentives captured by the minimum tax with alternative economic benefits. Given how income-tax-based investment incentives are administered in practice, many MNEs could plausibly argue that the withdrawal or undermining of these incentives through top-up taxes violates IIA protection standards. The paper concludes by outlining the potential motivations and options for MNEs seeking to replace tax incentives and the implications for the ongoing global effort to address tax challenges. Ultimately, the GMT’s design means that the race to the bottom is likely to shift elsewhere.

Patchwork Protection: The Politics of Prisoners’ Rights Accountability in the United States

In recent years US prisons have failed to meet legally required minimum standards of care and protection of incarcerated people. Explanations for the failure to protect prisoners in the United States focus on the effects of the Prison Litigation Reform Act (PLRA) and lack of adequate external oversight. However, very little scholarship empirically examines how different systems of accountability for prisoners’ rights work (or do not work) together. In this article, we introduce an accountability framework that helps us examine the prisoners’ rights “accountability environment” in the United States. We then compare two post-PLRA case studies of failure to protect incarcerated women from sexual assault in two different states. We find that the prisoners’ rights accountability environment is a patchwork of legal, bureaucratic, professional, and political systems. The patchwork accountability environment consists of a web of hierarchical and interdependent relationships that constrain or enable accountability. We argue that ultimately the effectiveness of prisoners’ rights accountability environments depends on whether protecting prisoners’ rights aligns with the priorities of dominant political officials. Our argument has implications for efforts to improve prison conditions and incarcerated people’s well-being.

Pitfalls in Implementing the EU Whistleblower Directive

Abstract In this paper, we focus on two conceptual problems associated with the EU Whistleblower Directive and point out issues that may undermine or even frustrate the successful implementation of the Directive in a national context. While fully acknowledging strong arguments for, and undeniable benefits of, speaking in favour of EU whistleblower protection, it has to be noted that a specific form of forced gold-plating calling for the extension of the material scope of protection may complicate the interpretation of the autonomous part of legislation and lead to legal insecurity. Moreover, new elements of whistleblower protection as introduced by the Directive diverge from the case law of the European Court of Human Rights. The introduction of higher standards of protection in favour of whistleblowers does not raise problems in relations between the state and the individual, but some EU rules may cause problems in horizontal relations between private individuals, since fair balancing of interests as required by Strasbourg jurisprudence may be not always guaranteed.

Constitutional, Administrative and Criminal Law Regulation of Protecting Rights of Internally Displaced Persons: Foreign Experience and Directions for Improvement

The purpose of the article consists in revealing the constitutional, administrative and criminal law foundations of protecting rights of internally displaced persons, problems of implementing foreign experience and identification of directions for improvement. It is substantiated that the system of individual protection standards is a kind of international mechanism for ensuring first of all the status of rights and freedoms of internally displaced persons, the corresponding guarantees regulated by the norms of universal, regional and special treaties, implemented by authorized subjects of public administration in various spheres of society. Attention is focused on compliance with the Guidelines of 1998, which are the basis of the legal acts of the European Union, the Council of Europe and other democratic countries. However, the existing standards of individual protection are not uniform, and there is no corresponding institutional mechanism. Universal, supranational, regional, mandatory, recommendatory, permanent and temporary standards are singled out. The authors conclude that the Ukrainian authorities are entrusted with important tasks, functions and powers to guarantee the rights and freedoms of internally displaced persons, as well as tasks concerning implementation and protection of such rights and freedoms, restoration of violated rights and implementation of existing international standards and best foreign practices. Therefore, it is natural to improve Ukrainian legislation and ensure effective and accessible procedures. Proposed are ways to solve existing problems in the sphere of social protection, electoral law, housing and land rights, and provision of legal aid.

How Much Lightning Actually Strikes the United States?

Abstract The number of cloud-to-ground (CG) flashes over the contiguous United States (CONUS) has been estimated to be from as small as 25 million per year to as many as 40 million. In addition, many CG flashes contact the ground in more than one place. To clarify these values, recent data from the National Lightning Detection Network (NLDN) have been examined since the network is performing well enough to make precise updates to the number of CG flashes and their associated ground contact points. The average number of CG flashes is calculated to be about 23.4 million per year over the CONUS, and the average number of ground contact points is calculated as 36.8 million per year. Knowledge of these two parameters is critical to lightning protection standards, as well as better understanding of the effects of lightning on forest fire initiation, geophysical interactions, human safety, and applications that benefit from knowing that a single flash may transfer charge to the ground in multiple, widely spaced locations. Sensitivity tests to assess the effects of misclassification of CG and in-cloud (IC) lightning are also made to place bounds on these estimates, and the likely uncertainty is a few percent.

GDPR's impact on cybersecurity: A review focusing on USA and European practices

The General Data Protection Regulation (GDPR) has emerged as a landmark legislation reshaping the global landscape of data privacy and cybersecurity. Enforced in May 2018, the GDPR has had a profound impact on organizations worldwide, prompting a reevaluation of cybersecurity practices to ensure compliance with stringent data protection standards. This paper provides a comprehensive review of GDPR's influence on cybersecurity, with a particular emphasis on the contrasting approaches and practices adopted in the United States (USA) and Europe. The GDPR introduces a set of robust principles designed to protect the rights and privacy of individuals, emphasizing the need for transparency, accountability, and proactive measures to safeguard personal data. Its extraterritorial scope extends its impact beyond European borders, compelling businesses operating globally to adhere to its regulations. This paper explores the challenges and opportunities arising from GDPR compliance, examining how organizations in the USA and Europe have navigated the evolving cybersecurity landscape. In the USA, where privacy regulations historically differed across states, the GDPR has prompted discussions around the development of federal privacy laws. The review delves into the varying approaches adopted by American businesses, considering the interplay between state and federal regulations in shaping cybersecurity strategies. Conversely, European practices reflect a proactive response to the GDPR, as organizations have embraced the principles embedded in the regulation to fortify cybersecurity frameworks. The paper investigates the evolution of cybersecurity standards in Europe, highlighting successful strategies and potential areas for improvement. By synthesizing experiences from both sides of the Atlantic, this review contributes to a deeper understanding of the GDPR's impact on cybersecurity. It sheds light on the evolving dynamics of data protection, offering insights for organizations seeking to enhance their cybersecurity resilience in the face of a rapidly changing regulatory landscape.

The UK and the echr After Brexit: The Challenge of Immigration Control

Abstract This article examines the challenges that immigration control-related political imperatives in the United Kingdom (UK) have posed for UK compliance with the European Convention on Human Rights (echr) and evaluates the challenges that the UK’s moving away from echr compliance pose for its post-Brexit relationship with the European Union (EU) and its member states. The contribution begins with an examination of the constitutional parameters of UK (non-)compliance with the echr in the field of immigration control and the implications of this for the post-Brexit arrangements with the EU and its member states. The contribution then focuses on substantive immigration and refugee law and the impact of the current situation on asylum transfer co-operation within and outside of the EU. Through these areas, the article examines how EU law has infiltrated the interpretation of the echr with the result of raising standards of protection for asylum seekers and migrants and hampering the exercise of state sovereignty in the field.

Evaluation of Ship Recycling Industry in View of Present Global Circumstances and Way Forward

Ship recycling, commonly referred to as ship dismantling, is an inherently sustainable practice with global implications. It involves the reverse engineering process of disassembling obsolete ships to recover reusable materials in a safe and environmentally friendly manner. Over the past two decades, ships have predominantly been beached in South Asian countries such as Bangladesh, India, China, and Pakistan, allowing local yards to dismantle vessels with moderate preventive measures and substantial manual labor. Ship recycling stands as a significant and environmentally conscious industry, witnessing the annual recycling of approximately 1000 obsolete ships globally. Currently, this industry is predominantly led by three South Asian countries—India, Bangladesh, and Pakistan. In Bangladesh, the industry commenced with the dismantling of stranded ships, evolving into a large and profitable sector that generates substantial employment opportunities for thousands of semi-skilled workers in poverty-prone areas. While the ship recycling industry presents opportunities, it also poses challenges for coastal zone management, encompassing environmental, law enforcement, and worker safety concerns. The surge in demand for ship recycling has prompted increased regulatory scrutiny at both national and international levels. This pressure culminated in the development of the Hong Kong International Convention (HKC) by the IMO in 2009, mandating safety and environmental protection standards at recycling yards. Achieving a perfectly green ship recycling process in line with European standards is inherently costly. However, a viable and almost green ship recycling approach, integrating the current common practice of beaching methods in Asian countries, is entirely feasible. Despite limitations and challenges, the industry significantly contributes to Bangladesh's GDP and the overall socio-economic landscape. Currently, there has been a visible reduction in Bangladesh's market share due to stringent environmental regulations, while competitors have experienced increases. This study represents an analytical effort to evaluate the current global ship recycling scenario, exploring its potential, challenges, and the future trajectory of both local and global ship recycling industries.

Limits to the employer in managing employee data in labor relations

Despite the creation of legal standards for data protection in both the international and Brazilian spheres, the matter needs further elaboration regarding the limitations that must be established for the employer in the management of employee data in labor relations both in pre-contractual phase, both in the maintenance of labor contracts and in the dismissal of employees. Principles such as Dignity of the Human Person, Freedom of Profession, Non-Discrimination, Proportionality, Purpose, Adequacy and Necessity must be observed. To this end, the role of data protection supervisory agents in the labor sphere must be highlighted.