Responsible Parties Research Articles

Cross-Border Data Flows and the Protection of Personal Information Act 4 of 2013 – Part I: The Territorial Scope Provision

The Protection of Personal Information Act 4 of 2013 (POPIA) was introduced to protect the right to privacy of the South African data subject. The Act prescribes obligations that a responsible party must fulfil to achieve this purpose. However, for the Act to be enforced against a responsible party who has transgressed any of its provisions, the responsible party needs to be brought under its jurisdiction. To that end, POPIA makes provision for a territorial scope provision (section 3) based on the notion of domicilium and the use of automated and non-automated means for processing personal information situated in the Republic. This article makes use of comparative analysis to interpret the content of these provisions with reference to the European Union (EU)'s 1995 Data Protection Directive (DPD), on which they were modelled, and its successor, the 2016 General Data Protection Regulation (GDPR). The article demonstrates that section 3 can give rise to interpretative uncertainties which could result therein that personal information processed by responsible parties who are outside the Republic would not be regulated by the Act, or that these parties could move their processing activities out of the country to escape liability. An expansive interpretation of these provisions by the courts is needed to plug these gaps; alternatively, legislative revision must be undertaken in line with developments in the EU, where the GDPR endeavoured to address some of these aspects.

Local roots and rebellion: Constituency connections and legislative behaviour of British MPs, 2010–21

Abstract This study explores the relationship between the local roots of Westminster MPs and parliamentary party discipline, a central principle of the British system of responsible party government. While recently the local base of MPs has attracted increasing academic attention, only little effort has been put into investigating how this might influence the political behaviour of parliamentarians. In order to do so, this study utilizes a comprehensive database on the local base of British parliamentarians, which includes data on all Westminster MPs from 2010 to 2021, supplemented with information on parliamentary dissent. Contrary to theoretical assumptions and existing international studies, localness is shown to have no positive influence on MPs propensity for parliamentary rebellion. This suggests that the increasing recruitment of local candidates does not challenge the traditional functionality of the responsible party system of government, yet nor should localness be seen as a panacea for the perceived representational deficits of British democracy.

Strategies for Enhancing Sharing Economy Practices Across Diverse Industries: A Systematic Review

The sharing economy (SE) is a nascent phenomenon representing a socio-economic process to optimise underutilised resources through digital platforms. This process facilitates the shared consumption of resources to maximise resource utilisation while supporting the circularity of resources. However, the successful operation of SE practices is hindered by the lack of identification of effective strategies for enhancing the SE implications, which are essential to comprehending SE practices and developing more sophisticated applications. Therefore, this research aims to provide the first insights into the strategies that enhance SE practices across diverse industries and identify knowledge gaps and future research directions. A systematic literature review (SLR) was conducted by selecting articles published in the 2014–2023 period in Scopus and Web of Science databases. Selected articles were subjected to descriptive and NVivo 14-supported thematic analyses. The descriptive analysis showed that, despite considering articles published in the last 10 years, all relevant articles were published in the last 5 years. Developed and developing countries showed almost equal contributions, while China was recognised as the country with the highest number of publications. Accommodation and transportation sectors were reported as the sectors with the highest number of publications. A cross-analysis was conducted to recognise the varying utilisation of different strategies across diverse industries and sectors. Ten different categories were identified through the thematic analysis that enhance SE practices: economic; environmental; geographic; governance; health, safety, and security; marketing; people; product/services; research, training, education; and technology-related strategies. Each category was discussed along with its relevant strategies, resulting in identifying a total of 84 strategies. These strategies were then presented alongside the responsible parties tasked with their implementation. The study contributes to the SE literature by providing an SLR for contemporary strategies utilised to enhance SE practices, specifically focusing on elucidating the most appropriate categorisation of these strategies. Moreover, this comprehensive SLR provides the first insights into the effective strategies that enhance SE practices across diverse industries.

The Legal Issues of Contractual Liability for the Act of the Thing “Comparative Study”

Civil liability is based on a fundamental principle that anyone who causes harm through their fault is obligated to provide compensation. The essence of this principle is that an individual is held accountable only for their personal conduct, even if it takes the form of omission, particularly within the scope of contractual liability. However, there are always exceptions to the rule. Does an individual bear responsibility for the actions of objects used in the execution or hindrance of a contract, or for causing harm to the creditor, such as tools, means, or machinery used in conjunction with contract execution? Based on this, the study seeks to explore one of the exceptional cases in contractual liability that goes beyond the scope of personal theory in its basic and general concept, namely, contractual liability for the act of the thing. Especially considering that civil legislation, for the most part, has not explicitly addressed the regulation of this liability, which has sparked controversy and discussions regarding adaptation and the determination of the responsible party and the extent of their liability. This study aims to propose logical solutions based on the realities of the available legal principles.

Moving the needle on home health: Reconceptualizing social problems in a multi-stakeholder system

Despite significant evidence that housing quality plays a key role in the overall health of the population, health risks that originate at home have failed to garner direct policy attention or intervention commensurate with their impact. Drawing on the sociology of social problems, we identify how causal and political responsibility for risks in the United States context is complicated when these environmental health risks are embedded in private homes. We argue that changing how home health is addressed by health and building practitioners requires a reconceptualization of home health whereby the multiple responsible parties and sources of exposure become leverage points for future research and interventions. This reframing includes identifying housing as an arena of health, representing a class of risks tied to place. We also contend that health is an essential element of homes as systems and must be embedded in how those in building science, construction, property management, and code design approach housing. Finally, we suggest the need for specialists to navigate home health issues, drawing on the hospitalist model of health provision. These proposals illustrate multiple points at which residents, researchers, and health and building professionals may intervene and home health risks can be addressed.

From Institutions to Families? The Changing Allocation of Responsibility for Cognitively Disabled Children in Dutch Postwar Long-Term Care Policies

Who is responsible for health care? Neoliberal policies since the 1970s seem to place this responsibility increasingly on the individual, in a process that is called responsibilization. The recent literature on neoliberalism, however, has questioned the preference of free-market liberalism for individual responsibility and shows how neoliberals often made common cause with communitarian conservatives on social policies. Melinda Cooper, for instance, has argued in her book Family Values that free-market liberals and social conservatives in the US both identified the family as a ‘wholesale alternative to the 20-century welfare state’. This article investigates whether this coalition of neoliberals and social conservatives, who agree on the importance of familial solidarity in addition to market freedom, has also played a role in the making of Dutch health care policies. By tracing how responsibility for long-term care has been allocated in the postwar Netherlands in the specific case of children with (cognitive) disabilities, the author will show how ‘the family’ has increasingly been embraced by policymakers as the main responsible party. This is remarkable because the Dutch postwar welfare state sought to loosen family ties in favour of individual arrangements. However, attempts by different stakeholders to deinstitutionalize Dutch health care during the 1990s unintentionally moved the state's responsibility for long-term care not so much onto individuals as onto families.

Abusive litigation in China: comparative insights and practical approaches for reform

This article provides a comprehensive examination of abusive litigation in both civil and criminal cases in China, focusing on its forms and impacts. It proposes nuanced regulatory approaches that emphasize the importance of identifying responsible parties and implementing appropriate compensation measures. In the Chinese legal system, abusive litigation varies by context. In civil cases, it often manifests as actions that clog the courts and drain legal resources, raising concerns about lawyer accountability and the financial burdens on victims. Although frequently discussed in Chinese literature, the above topic has seen limited comparative analysis, despite similar problems existing across different jurisdictions and a clear need for mutual learning. The article suggests that, in civil cases, insights from English and Dutch law could assist Chinese regulators in reducing incentives for lawyers to pursue unmeritorious or abusive cases and improving compensation for victims. In the criminal law context, abusive litigation is more prevalent in minor offenses in China, primarily due to issues related to the public power structure. The proposal emphasizes the need to optimize power distribution within the Chinese legal system, thereby safeguarding the integrity of the law and upholding human rights.

Enhancing Data Accessibility and Usability: Insights from Observation Data at the Ieodo Ocean Research Station (2005-2023)

The Ieodo Ocean Research Station (IORS) has been a critical site for collecting oceanic and atmospheric data over 19 years (2005-2023). This study analyzes key parameters including tide, wave, water temperature, salinity, wind, air temperature, etc. While these datasets have provided valuable insights into regional climatic and oceanographic phenomena, significant incorrect data were identified, particularly in the records from 2015 to 2019. Issues such as overlapping data spanning multiple years, non-chronological ordering, and discrepancies in decimal precision were detected likely due to inadequate data handling during the adjustment process in programs like Excel. These errors, which persisted for years without detection or correction, highlight a lack of responsibility and verification among both government and private sector employees involved in data management. Given the substantial investment of government resources in the IORS, the continuous presence of incorrect data on official platforms raises concerns that extend beyond the responsible parties to the broader scientific and public communities. To prevent future occurrences, the study emphasized the need for stringent data management practices and ongoing accuracy in data handling, ensuring that the IORS continues to serve as a reliable resource for oceanographic research in Korea and globally.

MATHEMATICAL EDUCATION AND THE LEARNING ASSESSMENT PROCESS IN THE EARLY YEARS OF ELEMENTARY SCHOOL

This study analyzed the influence of parental and/or guardian involvement on the academic performance of 3rd-grade students at the Municipal School Santa Luzia in Cajazeiras, Macaíba. The specific objectives included understanding parents’ and/or guardians’ perceptions of their role in the educational process, exploring their participation in students’ learning, identifying factors that affected their effective participation, and proposing strategies to encourage greater involvement of these responsible parties in the school. A qualitative case study methodology was adopted, utilizing semi-structured interviews, analysis of official documents, and a literature review. The sample consisted of 24 3rd-grade students, 2 teachers, 2 administrators, and 10 parents and/or guardians. The results revealed a significant relationship between parental support and students’ academic performance. Students who received more support or supervision from their parents or guardians performed better academically. The study emphasizes the importance of active parental and/or guardian involvement in students’ school life, not only in terms of financial and material support but also in interaction with teachers and other members of the school community. A notable aspect of the research was the formative/summative assessment conducted with parents present in the classroom. The results of this assessment, not disclosed to the students and their families, were quite revealing: when parents were present, students’ correct responses ranged from 95% to 100%, while in the absence of parents, correct responses ranged from 20% to 50%. This result highlights the significant influence that parental participation can have on students’ academic success.

Overview of the spine medicolegal environment in the United States

Spine surgeons face significant medicolegal risks over the course of their careers. Malpractice law is fragmented with an extensive variety of regulations depending on the individual state. The political environment in the United States is unlikely to address tort reform in the foreseeable future. Therefore, it is incumbent on spine surgeons to be familiar with the medicolegal framework and the strategies to mitigate risk. Additionally, with the growing use of enabling technology including navigation, robotics, and artificial intelligence, many questions remain about the impact of these systems on patient care and the responsible parties when the machines become more autonomous.

Penanganan Sampah Satelit Ruang Angkasa Pada Low Earth Orbit Berdasarkan Hukum Internasional

Increased space activity in recent decades has resulted in an increase in the amount of space junk, often referred to as orbital debris. One of the most affected regions is Low Earth Orbit (LEO), where most satellites operate. Satellite debris in Earth orbit, particularly in Low Earth Orbit (LEO), has become an increasingly pressing problem. Its presence can endanger other satellites, space missions and even human life on Earth. The 1967 Space Treaty, as an international agreement governing activities in outer space, has an important role to play in addressing satellite debris. This study analyzes the obligations and responsibilities of states parties in mitigating and addressing the space debris problem in accordance with the basic principles outlined in the Space Treaty. Furthermore, it evaluates the effectiveness of the 1967 Space Treaty in addressing the satellite debris problem. It is recognized that the 1967 Space Treaty has laid an important legal foundation, but a more stringent and comprehensive legal instrument is needed to effectively address this issue. This journal is expected to contribute to the understanding of the international legal framework in handling satellite debris, and encourage the development of stronger legal instruments to preserve the space environment.

Land matters: how Indigenous land restitution can inform loss and damage policy and chart a path toward an otherwise climate justice

ABSTRACT Loss and damage (L&D) has emerged as a focus for climate justice within the international policy arena and United Nations Framework Convention on Climate Change meetings. L&D proposals often centre on a liberal conception of distributive justice, arguing that high-emitting parties must compensate those most vulnerable to climate change, who typically bear the least responsibility for it. This frame positions climate justice as reparations, financial support for adaptation, and other forms of restitution for impacted communities. I support L&D action and agree that responsible parties should pay. However, I urge caution about the underlying assumptions of liberal justice. What is of commensurate value for communities that lose access to sites of deep biocultural and spiritual heritage because of climate change? In considering this question, I draw from research on Indigenous land rights and restitution politics in Latin America to illustrate how L&D proposals and policies can learn from Indigenous experiences navigating the pursuit of justice through courts. I examine limitations of liberal justice to highlight pathways for thinking climate justice otherwise. Lessons from Indigenous land restitution make clear that rethinking the framing of L&D policy is essential to avoid replicating the logics that drive destructive development and resultant social inequality.

Perancangan Sistem ERP Modul Point Of Sale Berbasis Odoo Pada Banyuwangi Festival Dengan Metode Rapid Application Development

The sales report of SMEs at the Banyuwangi Festival is an indicator of the success of the festival. In the process of collecting the sales report, the Banyuwangi Tourism and Culture Office, as the current responsible party, still does it without an information system, making the management of the sales report of SMEs at the Banyuwangi Festival inefficient. Using the Rapid Application Diagram (RAD) method, the design of an ERP system in the form of a point of sale module based on the Odoo application at the Banyuwangi Tourism and Culture Office and the Banyuwangi Festival SMEs is carried out to obtain an efficient process of collecting the sales report of SMEs at the Banyuwangi Festival. The design using the RAD method is carried out to obtain results that are in line with user needs. The results of this research show that the designed ERP system can improve business process efficiency for institutions and efficient sales management for SMEs. The impact of this research is expected to improve data management accuracy, increase collaboration, and optimize sales of Banyuwangi Festival SME products.

Citizen perceptions of Great Lakes coastline change and management efforts

Fluctuating water levels, nearshore flooding and associated coastal erosion present management challenges for coastal communities around the world. Along the Great Lakes, integrated coastal zone management efforts involve a complex array of people and institutions, which include citizens of coastal communities. At this point in time, there are few studies focused on community members' perceptions of and views on current management efforts on the Great Lakes. To address this need, the present study analyzes survey data from the public and six Great Lake communities with three objectives in mind. One, to understand perceptions of the causes of coastline change and the hazards associated with these changes. Two, to understand the consequences of coastline change for people and the greater community. Three, to understand citizens’ viewpoints about different strategies for managing coastline changes and the parties responsible for managing the coastline. Study results indicate conflicting perceptions between community members about common coastline management efforts (e.g. armoring, beach nourishment, and setbacks). They also indicate a general lack of knowledge about the complexities and responsible parties for coastline management, which in some cases, may be individual property owners themselves. The results of this study suggest efforts to educate citizens may be critical for future stewardship of the Great Lakes, which requires community partnerships and buy in to be successful.

SWOT ANALYSIS: NAVIGATING SUSTAINABILITY AMID UNCERTAINTY

SWOT analysis is a strategic planning tool that identifies the internal strengths and weaknesses of an enterprise and external opportunities and threats, while also establishing links between them. It has been proven that a systematic analysis of these four elements allows for a comprehensive understanding of a company's current position, leveraging its strengths, addressing weaknesses, capitalizing on opportunities, and mitigating potential threats. A critical analysis of the advantages and disadvantages of the activities of FPS Flexibles Ukraine, the subject of this study, was conducted. The internal and external environments of the company were analyzed using the SWOT analysis model, focusing on the company's strengths, weaknesses, opportunities, and expected threats. Based on the results of the SWOT analysis, a matrix of measures was developed, outlining three strategic directions for each part of the matrix: leveraging strengths, eliminating weaknesses, capitalizing on opportunities, and mitigating threats. Additionally, an Action Plan was proposed, providing a clear overview of action steps, responsible parties, time frames, and resources required for each strategic objective. This plan facilitates effective implementation and monitoring. Utilizing the proposed strategic framework and action plan will support FPS Flexibles Ukraine LLC's commitment to driving sustainable growth and resilience in an ever-changing business landscape. It will enable the company to not only overcome current challenges but also position itself for long-term success and leadership in the industry. The outcome of this analysis will inform strategic decision-making, helping FPS Flexibles Ukraine LLC to overcome challenges and seize market opportunities while maintaining a strong focus on sustainability.

Mengoptimalkan Implementasi UU No. 27 Tahun 2022 Dengan Penetration Test Dan Vulnerability Assessment Pada Kasus Pembobolan Data Aplikasi Dana

Data security in digital financial applications such as mobile banking, e-wallets, and online payment services is very important. However, there are many security risks lurking. Irresponsible parties can exploit security gaps to steal personal information. The ITE Law regulates the limitations, obligations, and responsibilities of parties involved in electronic systems, including service providers, data managers, and users as well as sanctions for cybercriminals. One of the main weaknesses in a financial application is the lack of strict and consistent security standards. Due to the many acts of cybercrime, it is important for companies to take preventive measures, one of which is through Vulnerability Assessment and Penetration Testing (VAPT). VAPT can help identify and fix vulnerabilities in applications before they are exploited by cybercriminals

What Are Crises for? The Effects on Users’ Engagement in the 2022 Italian Election

Crises were highly relevant in the 2022 Italian general election. The label of “crisis” was associated with multiple policy issues, ranging from the environment and health to foreign policy. Previous studies have extensively discussed the impact of crises on voter behavior, demonstrating that voters are particularly concerned with parties’ valence attributes, such as the effectiveness of policies and leaders’ ability to resolve emergencies. However, limited attention has been paid to assessing how parties mobilize the crisis paradigm on social media. This study seeks to bridge this gap by analyzing the impact of crisis-related content on Facebook user engagement, with a special focus on distinguishing the relative effectiveness of populist versus mainstream parties in deploying such narratives. Moreover, this research explores how the intertwining of crisis narratives with portrayals of party responsibility or irresponsibility influences the virality of social media posts. To answer these questions, we manually coded 4,827 election campaign posts to create an original dataset. The evidence shows that crises have an impact on boosting user engagement, although this effect seems to be limited to populist parties. The results also suggest that irresponsible claims cease to be rewarding during a crisis. This study contributes to a deeper understanding of the strategic use of crisis narratives by political parties on digital platforms and underscores the complex interplay between crisis communication and public engagement in the contemporary political landscape.

The Plagiarism and Borrowing of "Meme Culture" in Short Videos in the Digital Age

In the Internet age, the public is exposed to "memes" almost every day. As a form of subculture unique to the Internet age, the spread of each meme is almost viral. However, in short videos, many people blur the line between borrowing and plagiarism, and in many cases, short video producers and viewers confuse the line between plagiarism and borrowing. Through questionnaire survey and data analysis, this paper explores the public acceptance of "meme" in short videos and the threshold of the public's borrowing degree of "meme", and finally finds that the public's acceptance of borrowing of "meme" is high, but their attitude towards its borrowing degree is blurred, which is due to plagiarism due to the lack of importance of intellectual property rights, which involves the responsibility of many parties, and finally this paper, from the aspects of the society, platforms and so on and platforms, and puts forward relevant suggestions to solve this problem.

자율주행자동차 상용화에 대비한 자동차보험제도 연구

On May 7, 2016, in the state of Florida, USA, a fatal accident occurred involving an autonomous vehicle and a large truck, leading to the death of the driver. This incident heightened interest in autonomous vehicles and sparked discussions on their implications, including the challenges and liability issues in the event of accidents during autonomous operation. The application of existing legal frameworks, such as Article 750 of the Civil Code on tort liability and Article 3 of the Automobile Damage Compensation Guarantee Act on operator liability, to accidents involving autonomous vehicles raises questions about identifying responsible parties and compensating victims. This study examines the applicability of these legal principles to accidents occurring during autonomous driving and proposes the introduction of a No-Fault insurance system as a novel automotive insurance mechanism to address these issues. The analysis revealed that the No-Fault insurance system, a solution to the problems posed by the current fault-based liability system and already implemented in several advanced countries since the early 2000s, was considered but ultimately not adopted in South Korea due to challenges in amending existing legislation, limitations in calculating insurance rates, and concerns over moral hazard, among other issues. However, as autonomous vehicles are poised to integrate into our lives more rapidly than anticipated, and the social concerns regarding traffic accidents during autonomous operation deepen, it is imperative to form a task force comprising the Ministry of Land, Infrastructure, and Transport, the Financial Supervisory Service, the General Insurance Association, among others, before it's too late. This task force should engage in research and discussions, while building a consensus among the public, to prepare for the new automotive market driven by the autonomous vehicle industry.

Expanding the boundaries of hospitality: the relationship between Ukrainian refugees and their hosts

ABSTRACT Family members and friends play a crucial role in refugees’ arrival and settlement, including accommodating them in their homes for varying periods. While the migration literature has demonstrated the positive impact of such support for refugees’ well-being, the relationship between the host and guest and the potential challenges of reunion and cohabitation are seldom explored. This study adopts the concept of ‘hospitality’– a notion originally based on welcoming the ‘stranger’ – to study the welcoming practices of citizens with their previously acquainted ‘guests.’ Using qualitative methods, the relationships between Ukrainian refugees and their hosting relatives and friends in Israel were explored. Three main relationship dynamics are presented and discussed: (a) hospitality across borders, (b) hosts as service providers and (c) the burdens of hospitality. Altogether, these dynamics were found to challenge the common notion of hospitality, as they uncovered the pivotal role of hosts as advocates beyond the domestic sphere and across borders, as well as the emotional burdens of hospitality in close quarters over time. Finally, the role of the state is discussed regarding the regulations of the host-hosted relations by privatizing its responsibilities and designating hosts as responsible parties.