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Journal articles on the topic 'General Data Protection Law. Fundamental rights. Privacy'

Author: Grafiati

Published: 5 June 2025

Last updated: 2 August 2025

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1

MANZATO, Welington Junior Jorge, Marcelo Negri SOARES, and Jarbas Rodrigues Gomes CUGULA. "GENERAL DATA PROTECTION LAW AND THE IMPORTANCE OF THE PROTECTION OF PERSONALITY RIGHTS IN DIGITAL CONTRACTS." Boletim de Conjuntura (BOCA) 18, no. 54 (2024): 621–46. https://doi.org/10.5281/zenodo.13357906.

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This paper aims to investigate the impact of the General Data Protection Law (LGPD) on the protection of personality rights in digital contracts in Brazil. The objective is to analyze how the LGPD reflects on the safeguarding of personality rights in digital contracts, clarifying the guidelines established for privacy and data security in digital environments. The methodology employed involves bibliographic and documentary research. The research problem discusses how personal data is linked to personality rights, such as the right to privacy and intimacy. In this context, the LGPD emerges as a

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Enqvist, Lena, and Yana Litins'ka. "Employee Health Data in European Law." Nordic Journal of European Law 5, no. 1 (2022): 40–66. http://dx.doi.org/10.36969/njel.v5i1.24498.

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While there are many feasible reasons for employers to process employee health data, the protection of such data is a fundamental issue for ensuring employee rights to privacy in the workplace. The sharing of health data within workplaces can lead to various consequences, such as losing a sense of privacy, stigmatisation, job insecurity and social dumping. At the European level, the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and EU General Data Protection Regulation (GDPR)–two interconnected instruments–offer the most enforceable protection of employee health

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Ravinka, Nadine Arieta, and I. Gusti Ngurah Parikesit Widiatedja. "WHAT SHOULD INDONESIA LEARN FROM RIGHTS TO DATA PRIVACY UNDER THE GDPR?" Kertha Semaya : Journal Ilmu Hukum 10, no. 3 (2022): 583. http://dx.doi.org/10.24843/ks.2022.v10.i03.p09.

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Right to data privacy is determined as a fundamental right and shall be protected. The increase of data misuse is an urgent need to legitimize the data protection law. Unfortunately, Indonesia still does not have a comprehensive law regulating personal data protection. This article applied normative legal research methods that draw on statutory and comparative approaches. This article aimed to present the comparison between the GDPR and Indonesia’s PDP Bill by analysing both provisions on data privacy rights. The article indicated that, in the non-existence of comprehensive personal data prote

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Katzav, Gilad. "Compartmentalised data protection in South Africa: The right to privacy in the Protection of Personal Information Act." South African Law Journal 139, no. 2 (2022): 432–70. http://dx.doi.org/10.47348/salj/v139/i2a8.

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In European Union (‘EU’) law, the entrenched right to data protection is an independent fundamental right. EU case law has gradually disconnected the right to data protection from the right to a private life. South Africa’s first exclusive data protection legislation, the Protection of Personal Information Act 4 of 2013 (‘POPIA’), is redolent of EU data protection legislation. However, the stated purpose of the POPIA is to give effect to the right to privacy. This article examines whether the laws of data protection can be wholly encapsulated within s 14 of the Constitution. To this end, this

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Brkan, Maja. "The Essence of the Fundamental Rights to Privacy and Data Protection: Finding the Way Through the Maze of the CJEU’s Constitutional Reasoning." German Law Journal 20, no. 6 (2019): 864–83. http://dx.doi.org/10.1017/glj.2019.66.

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AbstractIn the constitutional shaping of the concept of essence of fundamental rights, the case law of the Court of Justice of the EU (“CJEU” or “the Court”) in the field of privacy and data protection plays a crucial role. The Court’s interpretation of this notion had a considerable impact not only jon perception of the essence in other fields of law, but also on the constitutional doctrine more generally. This Article focuses on specificities of the notion of essence of fundamental rights to privacy and the protection of personal data from Articles 7 and 8 of the Charter of Fundamental Right

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Mehmedović, Emir, and Amila Mehmedović. "Personal Health Data and the Significance of Its Administrative Protection." Uprava 14, no. 2 (2023): 11–37. http://dx.doi.org/10.53028/1986-6127.2023.14.2.11.

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The issue of personal data protection has been one of the focal points of attention in recent decades. This is because the protection of personal data is a form of realizing the right to privacy as a fundamental human right. Personal data refers to information about a specific individual’s characteristics that serves as a means of their identification. Personal data protection in Bosnia and Herzegovina is regulated by the Law on Personal Data Protection. This law governs the principles of personal data processing, the obligations of data controllers and processors, the rights of data subjects,

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Maharani, Diah Pawestri, Afifah Kusumadara, Hanif Nur Widhiyanti, and Reka Dewantara. "Revisiting personal data : Ownership theories and comparative legal perspectives from Europe, Indonesia and the United States." Journal of Data Protection & Privacy 7, no. 3 (2025): 274. https://doi.org/10.69554/zmlg9061.

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The growing importance of personal data in the digital era has sparked global debates on whether it should be treated as property or a fundamental right. Different jurisdictions adopt varying approaches to personal data ownership, resulting in significant legal, regulatory and operational challenges. The US, through the California Consumer Privacy Act (CCPA), treats personal data as a tradable asset, allowing businesses to monetise it with limited consumer rights. In contrast, the European Union (EU) General Data Protect Regulation (GDPR) frames personal data as an inalienable right, prioritis

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Gama, Cruz. "Data protection and personal data protection." Brazilian Journal of Clinical Medicine and Review 1, Suppl.1 (2023): 18. http://dx.doi.org/10.52600/2965-0968.bjcmr.2023.1.suppl.1.18.

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In Angola, the right to privacy is one of the fundamental rights enshrined in the Constitution of the Republic. In addition to the Constitution, the legal framework on the protection of personal data is complemented by other laws, with regard to the Personal Data Protection Law, No. 22/11 of 17 June, which establishes legal rules for the processing of such data and establishes Data Protection (DPA), as the public authority responsible for monitoring compliance with those rules and exercising. The unequivocal and express consent of the data subject or his legal representative and prior notifica

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Guerra, Ana Isabel, Maria João Machado, Maria Malta Fernandes, Patrícia Anjos Azevedo, Sérgio Tenreiro Tomás, and Susana Sousa Machado. "General Data Protection Regulation (GDPR)." Law, State and Telecommunications Review 13, no. 2 (2021): 28–41. http://dx.doi.org/10.26512/lstr.v13i2.37425.

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[Purpose] This paper intends to present an academic analysis about the legal, ethic and other issues raised by the General Data Protection Regulation, especially in Covid-19 time. In this context, we present the main legal aspects of networked privacy, online privacy literacy, transparency, data integrity and others. Besides, we present the employee´s rights in the context of the Covid-19 pandemic, such as the right to erase data, temperature monitoring, the employee´s consent, the legitimation of the processing of personal data and body temperature control. We also give a word about data prot

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YAKOVLEVA, SVETLANA. "Should Fundamental Rights to Privacy and Data Protection be a Part of the EU's International Trade ‘Deals’?" World Trade Review 17, no. 3 (2017): 477–508. http://dx.doi.org/10.1017/s1474745617000453.

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AbstractThis article discusses ways in which the General Agreement on Trade in Services (GATS) and post-GATS free trade agreements may limit the EU's ability to regulate privacy and personal data protection as fundamental rights. After discussing this issue in two dimensions – the vertical relationship between trade and national and European Union (EU) law, and the horizontal relationship between trade and human rights law – the author concludes that these limits are real and pose serious risks.Inspired by recent developments in safeguarding labour, and environmental standards and sustainable

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Bressan, Vinícius Teixeira, and Jailson De Souza Araujo. "SURVEILLANCE CAPITALISM, FUNDAMENTAL RIGHTS AND THE CONSTITUTIONAL PROTECTION OF DATA PROTECTION IN BRAZIL." ARACÊ 7, no. 7 (2025): 39529–54. https://doi.org/10.56238/arev7n7-253.

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This article is intended to analyze, from a comprehensive perspective, the constitutional protection of data protection in Brazil. It seeks to demonstrate that the popularization of the internet has been permeated by the constantly monitored and camouflaged of users, which not only violates the right to privacy but also harms the right to self-determination. Based on a hypothetical-deductive approach based on the method of bibliographic review, the study deals with the insufficiency of the legislative protection prior to the enactment of Law No. 13,709/2018, and the factual conjunctures that m

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Natamiharja, Rudi, Febryani Sabatira, Desia Rakhma Banjarani, Orima Melati Davey, and Ikhsan Setiawan. "Balancing Two Conflicting Perspectives on Wiretapping Act: Rights to Privacy and Law Enforcement." Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 22, no. 1 (2022): 18–30. http://dx.doi.org/10.30631/alrisalah.v22i1.1226.

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The right to privacy is part of fundamental human rights in technological advances. It is outlined under Article 12 of the 1948 Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights. Substantially, the right to privacy prohibits personal data dissemination, including wiretapping, which is considered a violation of human rights. However, applicable laws permit wiretapping when it aims to discover criminal evidence in court. Indonesia authorizes this act under Corruption Eradication Commission Law, Telecommunications Law, Corruption Crime Act, Ter

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Stebivko, Alexey. "The Genesis of Personal Data: Informational and Legal Aspect." Legal Concept, no. 4 (December 2023): 82–89. http://dx.doi.org/10.15688/lc.jvolsu.2023.4.10.

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Introduction. The paper reveals the historical aspect of the emergence and development of the legal protection of personal data in Russia. The prerequisites for the formation of a conscious need for such protection on a Russian basis are analyzed. The author expresses the idea of the origin of the legal protection of personal data in the depths of the right to privacy, since the latter was not only formed at the earlier stages of the historical development of society but also prepared the conditions and legal tools for the emergence of this institution in the future. Purpose. The origin of the

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Basan, Arthur Pinheiro, and José Henrique de Oliveira Couto. "Consumer surveillance and personal data protection as a fundamental right." Brazilian Journal of Law, Technology and Innovation 2, no. 2 (2024): 84–97. https://doi.org/10.59224/bjlti.v2i2.84-97.

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The rise of informational capitalism has expanded consumer surveillance, particularly in the digital marketplace, where companies collect and process personal data to target advertisements and customize offers. This paper explores the historical evolution of voluntary exchanges, from early civilizations to the digital age, highlighting the role of technology in reshaping consumer-business interactions. It argues that electronic monitoring has introduced unprecedented risks to consumer privacy, necessitating robust legal responses. The study positions personal data protection as a fundamental r

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Petrović, Dragana B. "PRIVACY AND PROTECTION OF PERSONAL DATA – CRIMINAL LAW ASPECT." Strani pravni život 66, no. 4 (2023): 469–89. http://dx.doi.org/10.56461/spz_22407kj.

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Currently, across the globe and on different levels, serious debates are held on the possibilities of modern information communication technologies (ICT), including the internet, as well as their undesirable consequences. To an ordinary person, the “new” way of communicating via the internet and mobile phone is at the same time easy, simple, quick, and essential – it has become a fact of their daily lives. Moreover, the modern age purports the internet as one of the critical means of communication. If used “properly”, it represents an abundance of information on nearly every topic and entails

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Dunaj, Katarzyna. "EU STANDARDS FOR PROTECTING THE RIGHT TO PRIVACY IN THE AREA OF CYBERSECURITY." Kwartalnik Prawa Międzynarodowego III, no. III (2023): 1–19. http://dx.doi.org/10.5604/01.3001.0053.8851.

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The subject of the analysis undertaken in the article is the legislative acquis of the European Union setting standards for the protection of the right to privacy in the area of cybersecurity. The author points out that the source of the legislative activity of the European Union in this area is the conviction about the need to create legal solutions that would meet the challenges related to the development of modern technology in the area of IT services provided on a global scale via the Internet. The most general legal framework is the guarantee of the right to privacy, which has been develo

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Peeters, Bart, and Zhe Chen. "Article: A Study on the Protection of Taxpayer Rights in an Era of Enhanced Exchange of Information: How Can the Chinese Approach Be Improved?" Intertax 50, Issue 8/9 (2022): 579–603. http://dx.doi.org/10.54648/taxi2022058.

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This study explores taxpayer protection under the exchange of information (EOI) in China. From a comparative study between Chinese law and European law in general (combining EU law and the ECHR as interpreted by the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR)), possible improvements for the Chinese approach are suggested. The protection of taxpayers’ rights is divided into three different layers: confidential treatment of personal data, involvement of the taxpayer in the EOI-processes, and the right to remedy of taxpayers that have been treated incorrectly. W

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Dresch, Rafael de Freitas Valle, and José Luiz de Moura Faleiros Júnior. "Special strict civil liability in Brazil's General Data Protection Law." Brazilian Journal of Law, Technology and Innovation 2, no. 2 (2025): 98–128. https://doi.org/10.59224/bjlti.v2i2.98-128.

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This research is focused on the interaction between data protection regulation and civil liability in Brazil, focusing on the General Data Protection Law (LGPD). As technology evolves rapidly, the LGPD addresses new risks and vulnerabilities tied to personal data processing. Drawing on the European GDPR and the Brazilian Consumer Protection Code, we argue that the LGPD introduces a special strict civil liability regime for data controllers and operators. Although some scholars argue for a fault-based approach, our hypothesis contends that the Act’s strict liability standard, grounded in the de

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Laurits, Eneli. "Protection of the Right to Privacy in States’ Unilateral Access to Extraterritorially Located Data in Criminal Investigations." Juridica International 32 (December 13, 2023): 119–30. http://dx.doi.org/10.12697/ji.2023.32.10.

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The process of striving to enhance law enforcement's access to digital data held extraterritorially while finding the right balance in fundamental-rights protection began with establishing the Convention on Cybercrime. Evolving risks of evidence being lost, intimately connected with the urgency of collecting digital data, impose a constant need for new, more efficient models for data acquisition and access. The article examines the set of mechanisms connected with states gaining access unilaterally (without needing foreign states’ assistance) to extraterritorially located data from the perspec

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Heredero Campo, Maria Teresa. "THE INFLUENCE OF NEW TECHNOLOGIES ON THE PROTECTION OF PERSONAL DATA WITHIN THE FRAMEWORK OF THE EPIDEMIC COVID-19." ULP Law Review 14, no. 1 (2021): 79–104. http://dx.doi.org/10.46294/ulplr-rdulp.v14i4.7472.

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SUMMARY Legislators legislate as needs arise; it is the present moment and society itself, through its demands, which sets the path and provides them with the keys as to what matters to legislate on and what aspects need to be developed in greater detail. Contemporary societies try, with greater or lesser success, to adapt to the changes that are taking place, both those reflected in daily customs and habits, and those related to the generation, dissemination and use of information and knowledge. Today's society consumes and handles an excessive volume of information and data, often without as

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Santos, Raiane Arnizaut, and Diego Guimarães Lopes Rodrigues. "DESAFIOS JURÍDICOS E NORMATIVOS DA APLICAÇÃO DA LGPD NAS REDES SOCIAIS." Revista ft 29, no. 140 (2024): 46–47. https://doi.org/10.69849/revistaft/ni10202411300646.

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The rise of social networks in the digital era has brought profound transformations in the way personal data is collected, processed and shared. This scenario raises concerns regarding the privacy and protection of individuals' data. The General Data Protection Law (LGPD), sanctioned by Law No. 13,709/2018, represents a fundamental regulatory framework in Brazil, inspired by the General Data Protection Regulation (GDPR) of the European Union. This article is based on the hypothetical-deductive method, with the procedure based on documentary and bibliographical research. After reasoning, the cu

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Bielova, M. V., O. M. Byelov, and K. R. Megesh. "The right to be forgotten: separate conceptual issues." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 116–20. http://dx.doi.org/10.24144/2788-6018.2024.02.18.

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The article is devoted to the study of the emergence and formation of the human right to be forgotten as the right of an individual to request the removal of his or her personal data from public access through search engines, under certain conditions. It is found that the establishment of the right to be forgotten is often associated with one of the key decisions of the Court of Justice of the European Union, namely, in the case of Google Spain v. Costeja Gonzalez, which has gained wide international publicity. However, it is important to note that freedom of speech and freedom of access to in

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Aubakirova, Indira Uralovna, and Aizhan Amanbaykyzy Toleubek. "PROSPECTS FOR THE IMPLEMENTATION OF THE GENERAL DATA PROTECTION REGULATION (GDPR) REQUIREMENTS INTO THE LEGISLATION OF KAZAKHSTAN." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 80, no. 1 (2025): 174–85. https://doi.org/10.52026/2788-5291_2025_80_1_174.

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The right to privacy is one of the fundamental human and civil rights. It is enshrined in international legal instruments and the Constitution of the Republic of Kazakhstan. In the modern era of digital technology development, issues related to the regulation and implementation of this right have gained particular relevance. This article examines the legal acts that establish personal data protection regulations in the European Union and explores the prospects for their implementation in Kazakhstani legislation, as well as the law enforcement practice in this area. The authors analyze the pecu

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Silva, Gabriela Buarque Pereira, and Marcos Augusto de Albuquerque Ehrhardt Júnior. "Challenge to general law of data protection (GLDP) enforcement of informative self-determination." Revista de Direitos e Garantias Fundamentais 24, no. 1 (2023): 81–98. http://dx.doi.org/10.18759/rdgf.v24i1.2161.

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The present article approaches the paradigm of valuing consent to treat personal data as provided on the General Law of data Protection (GLDP), due to confrontation with its effectiveness, based on informative self-determination. At this point, some insufficiencies of the model to the adequate adjustment in fundamental rights and in alternatives feasible to implement the idea of informative self-determination will be assessed based on the deductive methodology of literature review. It is pointed out that the merely formal consent cannot be enough to free consent protection due to cognitive lim

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Kulesza, Ewa. "The protection of customer personal data as an element of entrepreneurs’ ethical conduct." Annales. Etyka w Życiu Gospodarczym 21, no. 7 (2018): 27–44. http://dx.doi.org/10.18778/1899-2226.21.7.02.

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The right to the protection of personal data, which is part of the right to privacy, is a fundamental human right. Thus, its guarantees were included in the high-level regulations of the European Union as well as the legal norms of the EU Member States. The first Polish law regulating the protection of personal data was adopted in 1997 as the implementation of EU Directive 95/46. The law imposed a number of obligations on public and private entities which process personal data in order to protect the rights of data subjects and, in particular, to guarantee them the ability to control the corre

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Rodríguez Ayuso, Juan Francisco. "Privacy and public authorities: Issues in the new digital administrative process." Cuadernos de Gobierno y Administración Pública 9, no. 1 (2022): 9–20. http://dx.doi.org/10.5209/cgap.74053.

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The main objective of this research study is to offer a systematic analysis of consent in the processing of personal data of minors under the General Data Protection Regulation and the Organic Law on the Protection of Personal Data and the Guarantee of Digital Rights. This is the fundamental legal basis for dissecting the essential contours of the electronic signature as the most suitable instrument for guaranteeing the provision of this consent, placing special emphasis on the singularities that this presents when those intervening as data controllers are Public Administrations under the new

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Akoh Atadoga, Oluwatoyin Ajoke Farayola, Benjamin Samson Ayinla, Olukunle Oladipupo Amoo, Temitayo Oluwaseun Abrahams, and Femi Osasona. "A COMPARATIVE REVIEW OF DATA ENCRYPTION METHODS IN THE USA AND EUROPE." Computer Science & IT Research Journal 5, no. 2 (2024): 447–60. http://dx.doi.org/10.51594/csitrj.v5i2.815.

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Data encryption is a critical aspect of modern information security, and understanding the approaches taken by different regions is vital for a comprehensive analysis. In the United States and Europe, data encryption methods vary in implementation, legal frameworks, and overall priorities. In the United States, encryption methods are primarily governed by a combination of federal laws and industry standards. The National Institute of Standards and Technology (NIST) plays a central role in recommending cryptographic standards, while the Department of Commerce oversees export controls on encrypt

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VARLAMOVA, NATALIA V. "DIGITAL RIGHTS — NEW GENERATION OF HUMAN RIGHTS?" Proceedings of the Institute of State and Law of the RAS 14, no. 5 (2019): 141–67. http://dx.doi.org/10.35427/2073-4522-2019-14-5-varlamova.

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Among the digital rights, besides the right for internet access that was the subject of consideration in the first part of the article, there are also a right to per-so nal data protection and a right to be forgotten (right to erasure).The right to personal data protection is usually enshrined at the supranational and national levels and is protected by the courts as an aspect of the right to privacy. As an independent fundamental right of a constitutional nature the right to personal data protection is enshrined in EU law. Nevertheless, all attempts to doctrinally justify the existence of cer

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Oluwatosin Reis, Nkechi Emmanuella Eneh, Benedicta Ehimuan, Anthony Anyanwu, Temidayo Olorunsogo, and Temitayo Oluwaseun Abrahams. "PRIVACY LAW CHALLENGES IN THE DIGITAL AGE: A GLOBAL REVIEW OF LEGISLATION AND ENFORCEMENT." International Journal of Applied Research in Social Sciences 6, no. 1 (2024): 73–88. http://dx.doi.org/10.51594/ijarss.v6i1.733.

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As the world becomes increasingly interconnected through digital technologies, the protection of individuals' privacy has emerged as a critical concern. This paper conducts a comprehensive global review of privacy legislation and enforcement mechanisms, shedding light on the challenges posed by the digital age. With a focus on the intricate balance between technological advancements and the fundamental right to privacy, the study explores the evolving legal landscape and its implications for individuals, businesses, and governments. The analysis encompasses diverse jurisdictions, highlighting

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Akhmetova, S. B., A. A. Kassymzhanova, and A. S. Ibrayeva. "Modern development of artificial intelligence technologies and problems of legal regulation of profiling and targeted advertising in Kazakhstan." BULLETIN OF L.N. GUMILYOV EURASIAN NATIONAL UNIVERSITY LAW SERIES 150, no. 1 (2025): 77–97. https://doi.org/10.32523/2616-6844-2025-150-1-77-97.

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In 2023, Kazakhstan adopted the Law ‘On Online Platforms and Online Advertising’, aiming to control online advertising. The law does not fully protect personal data during profiling and targeted advertising, being limited to general norms of legislation on the protection of personal data. Moreover, Kazakhstani laws vaguely regulate the automated collection, analysis and processing of data, which form the basis of profiling, microtargeting and artificial intelligence technologies. The article compares Kazakhstani and European regulations of profiling and targeted advertising. We consider the op

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Nesterova, Irena. "Mass data gathering and surveillance: the fight against facial recognition technology in the globalized world." SHS Web of Conferences 74 (2020): 03006. http://dx.doi.org/10.1051/shsconf/20207403006.

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The growing use of facial recognition technologies has put them under the regulatory spotlight all around the world. The EU considers to regulate facial regulation technologies as a part of initiative of creating ethical and legal framework for trustworthy artificial intelligence. These technologies are attracting attention of the EU data protection authorities, e.g. in Sweden and the UK. In May, San Francisco was the first city in the US to ban police and other government agencies from using facial recognition technology, soon followed by other US cities. The paper aims to analyze the impact

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Azman, Atiqah, Nur Shaura Azrin Binti Azman, Nurul Sahira Binti Kamal Azwan, et al. "Privacy in the Era of Big Data: Unlocking the Blue Oceans of Data Paradigm in Malaysia." Malaysian Journal of Social Sciences and Humanities (MJSSH) 6, no. 5 (2021): 203–12. http://dx.doi.org/10.47405/mjssh.v6i5.780.

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Big Data has revolutionized the process of online activities such as marketing and advertisement based on individual preferences in the eCommerce industry. In Malaysia, the integration of Big Data in the commercial and business environment is keenly felt by establishing the National Big Data Analytics Framework catalyzing further economic growth in all sectors. However, the distinct features of Big Data spawn issues relating to privacy, such as data profiling, lack of transparency regarding privacy policies, accidental disclosures of data, false data or false analytics results. Hence, this res

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D.S. Nonju, Dr Kalada, and Agent Benjamin Ihua-Maduenyi. "The Impact of Artificial Intelligence on Privacy Laws." International Journal of Research and Innovation in Social Science VIII, no. IX (2024): 2150–74. http://dx.doi.org/10.47772/ijriss.2024.8090178.

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The integration of artificial intelligence (AI) into various sectors has significantly impacted privacy law, raising complex legal and ethical questions. AI systems, particularly those utilizing big data and machine learning algorithms, have the capacity to collect, analyze, and infer sensitive personal information at unprecedented scales. This capability challenges existing privacy frameworks that were primarily designed for less intrusive technologies. Key concerns include the potential for AI to bypass user consent, the difficulty in achieving meaningful transparency and accountability, and

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Medeiros, Niâni Guimarães Lima de. "A Evolução da Proteção de Dados no Brasil: Uma Análise Histórica e Legislativa até o advento da LGPD." Revista de Ciências Jurídicas e Empresariais 25, no. 2 (2025): 86–91. https://doi.org/10.17921/2448-2129.2024v25n2p86-91.

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O presente artigo analisa a origem da proteção de dados, fazendo uma revisão histórica de seu surgimento e dos eventos que fundamentaram sua consolidação no cenário mundial. Ele aborda a evolução legislativa no Brasil sobre proteção de dados, começando pela Constituição Federal de 1988 até a promulgação da Lei nº 13.709/2019, conhecida como Lei Geral de Proteção de Dados (LGPD), que regula o tratamento de dados pessoais, inclusive digitais, tanto por pessoas físicas quanto jurídicas de direito público e privado. A LGPD visa proteger os direitos fundamentais de liberdade, privacidade e o desenv

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Vilaça, José Luís Da Cruz. "The digital world and the new frontiers of the European courts case-law." UNIO – EU Law Journal 5, no. 1 (2019): 4–15. http://dx.doi.org/10.21814/unio.5.1.247.

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Finding the right balance between achieving the full potential of the digital economy in terms of innovation and economic growth, on the one hand, and protecting the core values of our societies, including fundamental rights and the rule of law, on the other hand, has become a pressing issue for political and judicial authorities. Data generated by electronic communications is an important tool in the fight against organized crime and terrorism, whose effectiveness depends on the use of modern research techniques. However, the pursuance of that general interest objective must be balanced again

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Duravkin, Pavlo, and Ivan Hafych. "Current challenges and the future of legal protection of personal data: under the influence of digitalization development." Law and innovations, no. 3 (43) (September 25, 2023): 89–100. http://dx.doi.org/10.37772/2518-1718-2023-3(43)-12.

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Problem setting. In order to build an innovative society, it is necessary to develop legal norms and regulators aimed at protecting privacy and controlling personal data. In addition, the need to ensure effective and reliable protection of personal data in the conditions of rapid technological development, globalization and the growing threat of cybercrime is becoming more urgent. The need for the development of legal norms, the introduction of innovative technologies and the raising of public awareness become important tasks for ensuring privacy and protection of personal data. The study also

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Ferreira, Cleiciane Borges, Lavínia Santos Lima Silveira, and Letícia Freitas Matos. "REGULAÇÃO E PROTEÇÃO DE DADOS PESSOAIS NA INDÚSTRIA DE TELECOMUNICAÇÕES: A IMPLEMENTAÇÃO DA LEI GERAL DE PROTEÇÃO DE DADOS E A GESTÃO DA VIOLAÇÃO DE SIGILO." Revista ft 28, no. 139 (2024): 09–10. http://dx.doi.org/10.69849/revistaft/ar10202410311309.

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The present work aims to analyze Brazilian legislation aimed at protecting personal data and violations of these standards, especially in the telecommunications sector. For its idealization, consultations were carried out in articles, bibliographies, jurisprudence, legislation and informative websites based on a qualitative approach with a special focus on the analysis of the General Data Protection Law (LGPD) and the Marco Civil da Internet. The study examines how the sharing of personal data by mobile phone operators compromises consumer privacy, highlighting the responsibilities of companie

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Fauzi, Elfian, and Nabila Alif Radika Shandy. "Hak Atas Privasi dan Politik Hukum Undang-Undang Nomor 27 Tahun 2022 Tentang Pelindungan Data Pribadi." Jurnal Lex Renaissance 7, no. 3 (2022): 445–61. http://dx.doi.org/10.20885/jlr.vol7.iss3.art1.

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This study aims to analyze the legal policy behind Law Number 27 of 2022 on Personal Data Protection and the right to privacy as a basic fundamental rights through Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The presence of personal data protection arrangements is a necessity and besides, the increasing penetration of internet users and the development of information and communication technology has a very significant impact on human life. Thus causing access to the world to be borderless, which means that everyone is able search for information and do anyt

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Oliveira, Carla De Bessa, and Gisella . "INSS E A INDENIZAÇÃO POR VAZAMENTO DE DADOS: DESAFIOS DA PROTEÇÃO CONSTITUCIONAL PREVIDENCIÁRIA À LUZ DA LGPD." Revista ft 29, no. 147 (2025): 32–33. https://doi.org/10.69849/revistaft/pa10202506292132.

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The present article analyzed the possibility of holding the National Institute of Social Security (INSS) civilly liable due to the leakage of personal data of beneficiaries and pensioners, highlighting the importance of constitutional protection and the applicability of the General Data Protection Law (LGPD). The study aimed to examine the legal challenges arising from such violations, taking into account the fundamental rights to privacy, intimacy, and information security within the context of social security relations. To deepen the discussion, the right to privacy and data protection in th

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Ali, Muhammad Imran. "From Sovereignty to Surveillance: The Legal Landscape of “Digital Colonialism” in India and Pakistan." Vietnamese Journal of Legal Sciences 13, no. 1 (2025): 67–81. https://doi.org/10.2478/vjls-2025-0005.

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Abstract This article examines how the practice of “digital colonialism” raises questions over conventional sovereignty and human rights in surveillance systems. The topic focuses on sovereignty on the internet level, with history and the impact of a new kind of sovereignty on national power. Based on case analysis, the article explores Indian legal measures of the 2000 Information Technology Act, the 2023 Digital Personal Data Protection Act and the 2016 Pakistan’s Prevention of Electronic Crimes Act and the 2023 Personal Data Protection Bill. Such analyses show the connection between legal p

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Abouahmed, Alaa, Moustafa Elmetwaly Kandeel, and Aliaa Zakaria. "Personal data protection in the United Arab Emirates and the European Union regulations." Journal of Governance and Regulation 13, no. 1 (2024): 195–202. http://dx.doi.org/10.22495/jgrv13i1art17.

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In our digital age, the exchange of personal data has become an integral part of daily life, with smartphones and the internet serving as conduits for this information. However, this practice brings forth many legal complexities concerning data privacy, highlighting the need to safeguard personal information. This research explores the significance of protecting personal data while drawing parallels with the fundamental right to privacy and the confidentiality of correspondence (Ali, 2021). Moreover, the study delves into the European Union’s (EU) acknowledgment of personal data protection as

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Nišević, Maja, Lorenzo Gugliotta, and Maria Avramidou. "A Facial Recognition Panopticon on Border and Migration Controls: Can Privacy and Data Protection Survive?" Global Privacy Law Review 5, Issue 2 (2024): 60–68. http://dx.doi.org/10.54648/gplr2024009.

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As technology permeates various aspects of individual and societal life, automated surveillance systems, particularly those employing facial recognition technology (FRT), have become a reality. This is particularly evident in border and migration controls, where such systems are increasingly utilized to address migration challenges and enhance security at European Union (EU) borders. The EU legal framework, including provisions in the EU Charter of Fundamental Rights and the Treaty on the Functioning of the EU (TFEU), plays a pivotal role in safeguarding personal data. The General Data Protect

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Dudás, Gábor János, András György Kovács, and Márton Schultz. "Personal Data as Consideration." Santander Art and Culture Law Review 9, no. 2 (2023): 215–42. http://dx.doi.org/10.4467/2450050xsnr.23.029.18649.

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This article argues that personal data may have a commercial value in the European legal systems, and as such it can function as a consideration and has a quid pro quo character. It claims that the European Data Protection Board (EDPB) should not exclude that data concerning the data subject can be used as contractual consideration, especially in the world of the Internet. In particular, it cannot be excluded solely on the basis that the right to privacy is not transferable, a position taken thus far in the EDPB’s practice. This proposed new approach is supported by the fact that in some EU Me

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Сідікова, В. О. "РЕАЛІЗАЦІЯ ТА ЗАХИСТ ПРАВ ЛЮДИНИ У ПРАВОВІДНОСИНАХ, ЩО ВИНИКАЮТЬ В МЕРЕЖІ ІНТЕРНЕТ: (ЗА МАТЕРІАЛАМИ ПРАКТИКИ ЄВРОПЕЙСЬКОГО СУДУ З ПРАВ ЛЮДИНИ)". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 32 (30 березня 2022): 52–59. https://doi.org/10.5281/zenodo.6475879.

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In the scientific article, the general concept of the Internet was revealed. The Internet was considered as an alternative sphere of legal regulation. Using the method of the general theory of law, the peculiarities of legal relations that arise on the Internet are identified by determining specific subjects, specific objects, and the content of legal relations. It is stated that on the Internet, there may be such legal relationships that already exist offline and others specific to cyberspace. There was expressed the opinion that private or public law relations do not cease to be so in cybers

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Prasad M, Deva, and Suchithra Menon C. "The Personal Data Protection Bill, 2018: India’s regulatory journey towards a comprehensive data protection law." International Journal of Law and Information Technology 28, no. 1 (2020): 1–19. http://dx.doi.org/10.1093/ijlit/eaaa003.

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Abstract This article analyses the relevance of Personal Data Protection Bill, 2018 for developing a data protection legal framework in India. In this regard, the article attempts to analyse the evolution process of comprehensive personal data protection law in the Indian context. The manner in which the Personal Data Protection Bill, 2018 will revamp and strengthen the existing data protection regulatory framework forms the major edifice of this article. The article also dwells on the significant role played by the fundamental right to privacy judgment (Justice K.S. Puttaswamy v Union of Indi

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Pander Maat, Eva. "Google v. CNIL: A Commentary on the Territorial Scope of the Right to Be Forgotten." European Review of Private Law 30, Issue 2 (2022): 241–62. http://dx.doi.org/10.54648/erpl2022013.

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This case note reflects on the question of the territorial scope of the right to be forgotten (RTBF). This question was addressed by the European Court of Justice (ECJ) in the recent Google v. Commission nationale de l’informatique et des libertés (CNIL) case, in which the French Data Protection Authority (DPA) sought to establish the obligation for internet search engines (ISEs) to delist search results in all versions of their search engine. In its September 2019 judgment, the Court did not grant CNIL’s request. However, although EU law does not currently oblige ISEs to delist search results

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Reine, Agnese. "THE INTERSECTION OF ARTIFICIAL INTELLIGENCE AND EMPLOYMENT LEGAL RELATIONS: BALACING EMPLOYER INTERESTS WITH FUNDAMENTAL RIGHTS IN AI-DRIVEN EMPLOYMENT PRACTICES." ENVIRONMENT. TECHNOLOGY. RESOURCES. Proceedings of the International Scientific and Practical Conference 2 (June 8, 2025): 277–83. https://doi.org/10.17770/etr2025vol2.8571.

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In the era of rapid technological advancement, artificial intelligence (hereinafter “AI”) has profoundly transformed various sectors, notably employment. The integration of AI in employment practices represents a significant paradigm shift, enhancing efficiencies but also introducing substantial challenges. This integration poses complex legal issues, particularly in balancing employer interests with employees' fundamental rights, in particular to privacy. As of August 1, 2024, the European Artificial Intelligence Act (hereinafter "AI Act") was enacted. This legislation introduces a risk-based

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POLO ROCA, Andoni. "Telecomunicaciones y protección de datos: interconexiones de redes, datos de tráfico y conservación de datos." rvap 116, no. 116 (April 30, 2020): 213–43. http://dx.doi.org/10.47623/ivap-rvap.116.2020.08.

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LABURPENA: Telekomunikazioen edo komunikazio elektronikoen sektorea etengabe dabil datuen babesa probatzen; are gehiago, sektoreak oinarrizko eskubide hori edukirik gabe uzten duela ikusiko dugu agian. Sareen interkonexioak, sare-operadoreak edo berehalako mezularitza-sistemak datu pertsonalekin gatazkan sar daitezke, trafikoari buruzko datuekin adibidez. Komunikazioen sekretua edo intimitatea urratzera irits daitezke. Izan ere, Telekomunikazioei buruzko Lege Orokorra, Datuak babesteko Legea, Europar Batasuneko araudia (datuak babesteari buruzko zuzentaraua, e-Privacy zuzentaraua, e-Privacy er

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Graef, Inge, Martin Husovec, and Nadezhda Purtova. "Data Portability and Data Control: Lessons for an Emerging Concept in EU Law." German Law Journal 19, no. 6 (2018): 1359–98. http://dx.doi.org/10.1017/s2071832200023075.

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AbstractThe right to data portability (RtDP) introduced by Article 20 of the General Data Protection Regulation (GDPR) forms a regulatory innovation within EU law. The RtDP provides data subjects with the possibility to transfer personal data among data controllers, but has an impact beyond data protection. In particular, the RtDP facilitates the reuse of personal data that private companies hold by establishing a general-purpose control mechanism of horizontal application. Article 20 of the GDPR is agnostic about the type of use that follows from the ported data and its further diffusion. We

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Fornasier, Mateus de Oliveira. "The use of AI in digital health services and privacy regulation in GDPR and LGPD: between revolution and (dis)respect." Revista de Informação Legislativa 59, no. 233 (2022): 201–20. https://doi.org/10.70015/ril_v59_n233_p201.

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This article studies the complexity of protecting personal data in the face of the challenges and risks that data collection and processing by AI offer to the fundamental right to privacy. Its hypothesis is that the General Data Protection Regulation (GDPR) and the Brazilian General Data Protection Law (LGPD) are not sufficient to cover several of the problems that emerge from the capture and treatment of sensitive data by companies that develop devices and services based on AI, although such laws have many important points for the regulation of such activities. Thus, new dialogic understandin

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