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1
Hendarto, Ilfa Sholikhah. "IMPLIKASI PENGARUH MINIMNYA PENGATURAN PERLINDUNGAN PRIVASI DATA PRIBADI NASABAH PADA PERBANKAN DIGITAL." Journal Justiciabelen (JJ) 4, no. 02 (2024): 129. http://dx.doi.org/10.35194/jj.v4i02.4440.
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ABSTRAKPenelitian ini ditujukan untuk mengetahui bagaimana implikasi pertumbuhan bank digital terhadap hak atas privasi data pribadi nasabah, dengan menganalisis peraturan perundang-undangan yang mengatur tentang bank digital di Indonesia. Sebab persoalan pengaturan perlindungan data pada bank digital masih sangat minim, hal ini dibuktikan dalam sejumlah peraturan yang ada baik itu dalam POJK, SE OJK, Permenkominfo yang masih menitikberatkan pada masalah pendirian, pelaksanaan, dan kegiatan yang bisa dilakukan dalam sistem perbankan digital. Permasalahan tentang kebocoran data yan dibuktikan dengan sejumlah kasus yang ada, memandang perlu adanya suatu peraturan yang bisa mengakomodir mengenai perlindungan data pribadi nasabah. Oleh karena itu, penelitian ini akan mengkaji 2 (dua) pokok permasalahan yakni bagaimana pengaturan perlindungan data pada bank digital di Indonesia dan bagaimana implikasi dari pertumbuhan bank digital di Indonesia terhadap hak atas privasi data pribadi nasabah. Penelitian yang menggunakan metode yuridis normatif dengan menggunakan pendekatan undang-undang ini menunjukkan bahwa belum ditemukannya peraturan perundang-undangan yang secara khusus mengatur tentang pelaksanaan perbankan digital, terutama terkait bagaimana perlindungan privasi data pribadi nasabah. Hal ini tentu tidak sesuai dengan prinsip kehati-hatian (prudential principle) dan prinsip kerahasiaan (secrecy principle) dalam melakukan kegiatan perbankan. Implikasi dari tidak adanya peraturan yang mengatur tentang perlindungan data pada bank digital adalah menimbulkan ancaman baru terkait privasi dan resiko kebocoran data. Urgensi pembuatan peraturan yang mengatur mengenai perlindungan privasi data pribadi nasabah, sangat diperlukan mengingat dengan adanya Undang-Undang Perbankan, Undang-Undang Perlindungan Data Pribadi, dan Peraturan Otoritas Jasa Keuangan tersebut belum mampu untuk mengakomodir berbagai permasalahan terkait kebocoran data serta menjamin keamanan perlindungan privasi data pribadi nasabah di Indonesia. ABSTRACTThis study aims to find out the implications of the growth of digital banks on the right to privacy of customers' personal data, by analyzing the laws and regulations governing digital banks in Indonesia. Because the issue of data protection regulations in digital banks is still very minimal, this is evidenced in a number of existing regulations, both in the POJK, SE, OJK, Permenkominfo which still focuses on the issue of establishment, implementation, and activities that can be carried out in the digital banking system. The problem of data leakage is evidenced by a number of existing cases, considering the need for a regulation that can accommodate the protection of customer personal data. Therefore, this study will examine 2 (two) main problems, namely how to regulate data protection in digital banks in Indonesia and what are the implications of the growth of digital banks in Indonesia on the right to privacy of customers' personal data. The research, which uses a normative juridical method using a legal approach, shows that there have been no laws and regulations that specifically regulate the implementation of digital banking, especially related to how to protect the privacy of customer personal data. This is certainly not in accordance with the prudential principle and the secrecy principle in carrying out banking activities. The implication of the absence of regulations regulating data protection in digital banks is that it poses new threats related to privacy and the risk of data leakage. The urgency of making regulations regulating the protection of customer personal data privacy is very necessary considering that the Banking Law, the Personal Data Protection Law, and the Financial Services Authority Regulations have not been able to accommodate various problems related to data leakage and ensure the security of customer personal data privacy protection in Indonesia.
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Hendriks, Aart C., and Rachèl E. van Hellemondt. "Regulating Privacy and Biobanks in the Netherlands." Journal of Law, Medicine & Ethics 44, no. 1 (2016): 68–84. http://dx.doi.org/10.1177/1073110516644200.
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The Netherlands does not have any specific legislation pertaining to human biological materials and data collection by biobanks. Instead, these issues are governed by a patchwork of laws, codes of practices, and other ethical instruments, where special emphasis is given to the right to privacy and self-determination. While draft legislation for biobanking was scheduled to enter into force in 2007, as of mid-2015 such legislation was still under consideration, with the intent that it would focus particularly on individual self-determination, the interests of research, the use of bodily materials collected by biobanks for criminal law purposes, and dilemmas around results that are clinically relevant for biobank participants. Under the current framework, the amount of privacy protection afforded to data is linked to its level of identifiability. International sharing of personal data to non-EU/European Economic Area countries is allowed if these countries provide adequate protection.
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Krishnamurthy, Vivek. "A Tale of Two Privacy Laws: The GDPR and the International Right to Privacy." AJIL Unbound 114 (2020): 26–30. http://dx.doi.org/10.1017/aju.2019.79.
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The European Union's General Data Protection Regulation (GDPR) is widely viewed as setting a new global standard for the protection of data privacy that is worthy of emulation, even though the relationship between the GDPR and existing international legal protections for the right to privacy remain unexplored. Correspondingly, this essay examines the relationship between these two bodies of law, and finds that the GDPR's provisions are neither necessary nor sufficient to protect the right to privacy as enshrined in Article 17 of the International Covenant on Civil and Political Rights (ICCPR). It argues that there are other equally valid and effective approaches that states can pursue to protect the right to privacy in an increasingly digital world, including the much-maligned American approach of regulating data privacy on a sectoral basis.
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Bhandari, Vrinda, and Renuka Sane. "Protecting citizens from the state post Puttaswamy: Analysing the privacy implications of the Justice Shrikrishna Committee Report and the Data Protection Bill, 2018." Socio-Legal Review 14, no. 2 (2018): 143. http://dx.doi.org/10.55496/uuiz9934.
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In this paper we seek to conceptualise the right to privacy and its implications from the State and private actors, post the Puttaswamy judgment. We then examine the draft Personal Data Protection Bill, 2018 submitted by the Justice Srikrishna Committe and evaluate how it has fared in regulating the actions of the State relative to the private sector, with a broad focus on consent, surveillance, and the interaction between the State and private sector including the ability of the latter to deny data requests of the former. Finally, we emphasize the implementation challenges of a legislation given the weak state capacity in India, focusing on regulation making and enforcement, and highlight that both give substantial power to the State (as regulator) over its regulated entities. We argue that considering the privacy concerns against State action, the challenge to implementation in the area of personal data may only get exacerbated.
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Da Silva Perez, Natália. "Privacy and Social Spaces." TSEG - The Low Countries Journal of Social and Economic History 18, no. 3 (2021): 5–16. http://dx.doi.org/10.52024/tseg.11040.
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In this introductory text to the special issue Regulating Access: Privacy and the Private in Early Modern Dutch Contexts, Natália da Silva Perez argues that privacy can be a productive analytical lens to examine the social history of the Dutch Republic. She starts by providing an overview of theoretical definitions of privacy and of the ‘private versus public’ dichotomy, highlighting their implications for the study of society. Next, she discusses the modern view of privacy as a legally protected right, explaining that we must adjust expectations when applying the concept to historical examination: in the early modern period, privacy was not yet fully incorporated within a legal framework, and yet, it was a widespread need across different echelons of society. She provides a historical overview of this widespread need for privacy through instances where people attempted to regulate access to their material and immaterial resources. Finally, she describes how the four articles in this special issue contribute to our understanding of the role of privacy in early modern Dutch life.
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Huda, Miftakhul, Arif Awaludin, and Harrijun Kapabella Siregar. "Legal Challenges in Regulating Artificial Intelligence: A Comparative Study of Privacy and Data Protection Laws." International Journal of Social and Human 1, no. 2 (2024): 116–25. http://dx.doi.org/10.59613/g8dc9v94.
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This article explores the legal challenges in regulating artificial intelligence (AI) with a focus on privacy and data protection laws through a qualitative, comparative study. By employing a library research methodology, the study analyzes existing literature and legal frameworks across multiple jurisdictions to identify common trends, gaps, and inconsistencies in AI regulation. It investigates how various countries, including the European Union, the United States, and emerging economies, have developed or are developing legal instruments to address privacy concerns raised by AI technologies. The study highlights key issues such as the tension between technological innovation and regulatory constraints, the adequacy of current legal standards in addressing AI-specific risks, and the role of international cooperation in harmonizing data protection laws. The comparative analysis reveals significant divergences in how privacy is protected across different regions, particularly in the application of principles like consent, transparency, and accountability. Moreover, the article identifies critical gaps in existing frameworks, including the lack of clarity in AI accountability, data sovereignty, and enforcement mechanisms. The findings underscore the need for a more coherent and globally coordinated approach to regulating AI that balances privacy protection with technological advancement. Ultimately, the study calls for reforms that ensure robust privacy safeguards while fostering innovation in AI.
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Magnusson, Roger S. "Regulating Genetic Privacy in the Online Health Information Era." Health Information Management 30, no. 4 (2002): 13–26. http://dx.doi.org/10.1177/183335830203000408.
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As the clinical implications of the genetic components of disease come to be better understood, there is likely to be a significant increase in the volume of genetic information held within clinical records. As patient health care records, in turn, come on-line as part of broader health information networks, there is likely to be considerable pressure in favour of special laws protecting genetic privacy. This paper reviews some of the privacy challenges posed by electronic health records, some government initiatives in this area, and notes the impact that developments in genetic testing will have upon the ‘genetic content’ of e-health records. Despite the sensitivity of genetic information, the paper argues against a policy of ‘genetic exceptionalism’, and its implications for genetic privacy laws.
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McGeveran, William, and Caroline Schmitz. "General-Purpose Privacy Regulation and Translational Genomics." Journal of Law, Medicine & Ethics 48, no. 1 (2020): 142–50. http://dx.doi.org/10.1177/1073110520917002.
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At one time, specialized health privacy laws represented the bulk of the rules regulating genetic privacy, Today, however, as both the field of genomics and the content of privacy law change rapidly, a new generation of general-purpose privacy laws may impose new restrictions on collection, storage, and disclosure of genetic data. This article surveys these laws and considers implications.
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Beardwood, John. "The Canadian AIDA and the EU AI Act: Will Sanity Prevail as they more closely align? – Part 1." Computer Law Review International 25, no. 4 (2024): 97–104. http://dx.doi.org/10.9785/cri-2024-250401.
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Abstract On June 16, 2022, the Canadian government introduced Bill C- 27, sponsored by the Minister of Innovation, Science and Industry, to update Canada’s federal privacy legal landscape. As earthshaking as that legislation was to the privacy regime in Canada, the impact of Bill C-27 was not limited to privacy regulation. Notably, Bill C-27 also introduced the Artificial Intelligence and Data Act (“AIDA”), which aims to introduce regulations in Canada regarding the design, development, and use of artificial intelligence (“AI”) systems. As we have previously written, while the AIDA is Canada’s first potential law aimed explicitly at regulating AI, it is in many cases influenced by the European Union’s then-proposed Regulation (EU) 2024/1689 (the “EU AI Act”) introduced on April 21, 2021. Time has since elapsed, and now AIDA - with the November 2023 introduction of new proposed (and substantive) amendments - and the July 2024 publication of the final EU Council-approved EU AI Act, have become increasingly aligned: good news for organizations in the AI industry. There do, however, continue to exist differences between the two items of legislation which can present traps for the unwary.
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Veljković, Sanela, Milica Ćurčić, and Marina Dabetić. "PRAVO NA PRIVATNOST I POSEBNE MERE TAJNOG PRIKUPLJANJA PODATAKA U REPUBLICI SRBIJI." Oditor 10, no. 3 (2024): 111–37. https://doi.org/10.59864/oditor62403sv.
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The right to privacy represents one of the fundamental human rights of individuals in a democratic society. There are numerous international and regional instruments that guarantee the right to privacy. States are obligated to ensure unhindered enjoyment of this right to their population. Today, one of the greatest challenges of the right to privacy is special measures of secret data collection available to certain actors within the security-intelligence system and other state actors in the performance of their duties within their jurisdiction. It should be noted that the right to privacy is not absolute, and the law specifies how it can be limited. In the Republic of Serbia, derogation of the right to privacy is the subject of certain laws, especially those regulating the functioning of the security-intelligence system. Therefore, the paper analyzes the normative framework regulating special measures of secret data collection available to various actors within the security-intelligence system. Additionally, the analysis will encompass the normative provisions regulating the control of special measures of secret data collection. The paper aims to examine the negative impact of the implementation of special measures on the right to privacy, as well as the possibility of improving the current normative framework existing in the Republic of Serbia.
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KAPLAN, BONNIE. "Selling Health Data." Cambridge Quarterly of Healthcare Ethics 24, no. 3 (2015): 256–71. http://dx.doi.org/10.1017/s0963180114000589.
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Abstract:Two court cases that involve selling prescription data for pharmaceutical marketing affect biomedical informatics, patient and clinician privacy, and regulation. Sorrell v. IMS Health Inc. et al. in the United States and R v. Department of Health, Ex Parte Source Informatics Ltd. in the United Kingdom concern privacy and health data protection, data de-identification and reidentification, drug detailing (marketing), commercial benefit from the required disclosure of personal information, clinician privacy and the duty of confidentiality, beneficial and unsavory uses of health data, regulating health technologies, and considering data as speech. Individuals should, at the very least, be aware of how data about them are collected and used. Taking account of how those data are used is needed so societal norms and law evolve ethically as new technologies affect health data privacy and protection.
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Gunasekara, G. "The 'final' privacy frontier? Regulating trans-border data flows." International Journal of Law and Information Technology 15, no. 3 (2006): 362–93. http://dx.doi.org/10.1093/ijlit/eam002.
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Gunasekara, G. "The "Final" Privacy Frontier? Regulating Trans-Border Data Flows." International Journal of Law and Information Technology 17, no. 2 (2007): 147–79. http://dx.doi.org/10.1093/ijlit/eam004.
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Shaw, Joshua. "Regulating assisted reproduction: Discrimination and the right to privacy." Clinical Ethics 14, no. 2 (2019): 87–93. http://dx.doi.org/10.1177/1477750919845086.
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Advances in fertility medicine have led some ethicists to call for stricter regulations on assisted reproduction. One counterargument is that such restrictions are unfair, for they impose far more stringent limits on the procreative liberties of individuals who rely on assisted reproductive technology than on those who reproduce through unassisted coital reproduction. This paper argues that a morally relevant distinction can be drawn between these two cases—one that supports stricter regulations on assisted reproduction. The argument, roughly, is this: it is not possible to regulate unassisted reproduction more stringently without violating the right to privacy. However, it is possible to regulate assisted reproduction without violating it, and the moral benefits of doing so warrant stricter regulations. Two arguments are made for this claim. First, it is not possible to regulate procreative rights in cases of unassisted reproduction in isolation from other freedoms—freedoms protected by the right to privacy. However, it is possible to regulate procreative liberties in isolation from other rights in cases of assisted reproduction. Second, procreative rights do not appear in general to be positive rights that entitle their possessors to assistance from others, and hence they are not violated by sterner regulations on assisted reproduction. However, parallel regulations on unassisted reproduction would violate a right to noninterference that is almost certainly protected by the right to privacy.
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Goldberg, Samuel G., Garrett A. Johnson, and Scott K. Shriver. "Regulating Privacy Online: An Economic Evaluation of the GDPR." American Economic Journal: Economic Policy 16, no. 1 (2024): 325–58. http://dx.doi.org/10.1257/pol.20210309.
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Modern websites rely on personal data to design better content and to market themselves. The European Union’s General Data Protection Regulation (GDPR) was intended to make access to such personal data more difficult, with the goal of protecting user privacy. We examine the GDPR's impact on website page views and revenue for 1,084 online firms using data from Adobe's website analytics platform. We find a reduction of 12 percent in both EU user website page views and website revenue recorded by the platform after the GDPR’s enforcement deadline. We decompose these GDPR effects into changes in real outcomes and changes to data recording, respectively. (JEL D83, K24, L51, L86, L88, M31, M37)
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Holt, Jennifer, and Steven Malčić. "The Privacy Ecosystem: Regulating Digital Identity in the United States and European Union." Journal of Information Policy 5, no. 1 (2015): 155–78. http://dx.doi.org/10.5325/jinfopoli.5.2015.155.
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Abstract How do policymakers and governments effectively safeguard digital privacy in the cloud? How do governments protect data stored in “the cloud” in a policy landscape that is simultaneously local, national, and global? In this article, we examine what we term “the privacy ecosystem”—the extensive global network of infrastructure, policies, legal rights, and cultural preferences that create privacy affordances for our digital information stored remotely. With these questions in mind, we look at some of the differing regulatory strategies of the European Union and United States, and the resulting contrast between policies governing privacy in the digital space.
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Yang, Liping, Yiling Lin, and Bing Chen. "Practice and Prospect of Regulating Personal Data Protection in China." Laws 13, no. 6 (2024): 78. https://doi.org/10.3390/laws13060078.
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Privacy protection is a fundamental guarantee for secure data flows and the basic requirement for data security. A reasonable privacy protection system acts as a catalyst for unlocking the financial value of data. The current legislative framework for personal data protection in China, adhering to the principle of proportionality, establishes critical measures such as informed consent for data collection and processing, data classification and grading management, and remedies for data leakage and other risks. In addition, in judicial practice, typical disputes regarding personal information protection and privacy rights have been promoted to clarify the scope for collecting users’ personal information and biometric data. Although further improvements are needed in legislative, judicial, and technical approaches, China’s commitment and practice in personal data protection are noteworthy. The existing legislation, law enforcement, and technical practices play an increasingly vital role in realizing the financial value of data and are essential for international cooperation on privacy protection. Furthermore, it is crucial to actively explore cooperation mechanisms for cross-border data flows under the principle of data sovereignty, participate in developing international rules for cross-border data flows, and formulate different management norms for cross-border data flows across different industries.
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Narayan, Ashwin. "Current regulations will not protect patient privacy in the age of machine learning." MIT Science Policy Review 1 (August 20, 2020): 3–9. http://dx.doi.org/10.38105/spr.ax4o7jkyr3.
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Machine learning (ML) has shown great promise in advancing health outcomes by parsing ever more effectively through massive clinical and genomic datasets. These advances are tempered by fears that they come at the cost of privacy. Since data relating to health are particularly sensitive because of immutability and comprehensiveness, these privacy concerns must be seriously addressed. We consider examples (the Golden State Killer, the Personal Genome Project, and the rise of wearable fitness trackers) where the tension between technological progress and lost privacy is already apparent. We discuss, in light of ML capabilities, the current state of privacy regulation in healthcare. We note the Constitutional right to privacy does not yet in general protect voluntary disclosures of data; HIPAA, the current law regulating healthcare data in the US, does not apply to the burgeoning field of healthcare-adjacent companies and organizations collecting health data; and access controls remain subject to re-identification attacks. We then discuss the active research in algorithmic paradigms for privacy, highlighting their promise but also their limitations. In order to encourage technological progress, reframing privacy for the age of ML might involve extending the Constitutional right to privacy, extending the applicability of HIPAA, and/or enforcing transparent privacy policies.
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Czarnocki, Jan. "Poufność komunikacji elektronicznej w rozporządzeniu o prywatności i łączności elektronicznej: jak chronić prywatność i autonomię osobistą bez utrudniania rozwoju rozwiązań AI." Studia Iuridica, no. 86 (June 14, 2021): 24–42. http://dx.doi.org/10.31338/2544-3135.si.2020-86.2.
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This article aims to analyse Articles 5 and 6 of the draft ePrivacy Regulation put forward by the European Commission, as key rules regulating the processing of electronic communication data and metadata. The confidentiality of electronic communication is an important aspect of privacy and personal autonomy protection. Still, disproportionate regulation may hurt economic growth, particularly with regard to artificial intelligence (AI) solutions development. The article begins by briefly describing a socio-economic context in which the future regulation of electronic communication confidentiality will function, then analyses the implications of proposed norms for the protection of privacy and personal autonomy, and their potential implications for economic development, for AI solutions in particular. The article analyses which of the proposed versions of Articles 5 and 6 meet the middle ground and ensure protection of privacy and personal autonomy without at the same time hampering economic development and AI innovation. After analysing the proposed normative content of all three versions of the ePrivacy Regulation draft, some afterthoughts are shared about them and their potential impact. The goal is to find the proper balance between privacy protection as an ultimate priority and maintaining economic development and innovation as something that cannot be ignored and is a priority in its own right, to an extent where it does not harm the essential content of the fundamental right to privacy and personal autonomy.
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Higgins, Patricia A., and Barbara J. Daly. "Knowledge and Beliefs of Nurse Researchers About Informed Consent Principles and Regulations." Nursing Ethics 9, no. 6 (2002): 663–71. http://dx.doi.org/10.1191/0969733002ne559oa.
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We examined differences in the knowledge and beliefs that exist among nurse researchers in the USA (n = 119) regarding informed consent and the use of data from patients’ medical records. Using a mail survey, two domains of ethical knowledge and beliefs were assessed: the legal right to privacy and the moral right to privacy. More than half of the participants were very confident in their knowledge of institutional review board procedures, research ethics, informed consent, the legal right to privacy, and the moral right to privacy. In contrast, most rated themselves as uncertain about US federal research regulations and there was wide variation in knowledge about current federal guidelines. Those who were more confident in their knowledge of or had more practical experience with research ethics, were no more likely to answer correctly a question about current federal guidelines regulating the use of patient data from medical records than those who reported less confidence or experience.
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Sauce, Loïc. "The unintended consequences of the regulation of cryptocurrencies." Cambridge Journal of Economics 46, no. 1 (2021): 57–71. http://dx.doi.org/10.1093/cje/beab053.
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Abstract This paper investigates whether the application of the latest guidance of the Financial Action Task Force (FATF) for regulating cryptocurrencies may engender unintended consequences at odds with the initial purposes of transparency and technology neutrality. For instance, we will ask whether regulation strengthening may incite a category of investors to flight to unregulated and non-compliant decentralised exchange platforms to stay under the radar of regulators. Furthermore, we ask whether regulation may lead to a two-tier industry, fragmented between compliant trading venues that attract mainstream users and non-compliant trading venues that attract privacy-centric users. We argue that somewhat paradoxically, regulation may push part of the crypto-industry to the ‘dark side’ of financial innovation and drives privacy-centric investors out of the scope of regulators.
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Mehta, Vikram, Daniel Gooch, Arosha Bandara, Blaine Price, and Bashar Nuseibeh. "Privacy Care." ACM Transactions on Internet Technology 21, no. 1 (2021): 1–32. http://dx.doi.org/10.1145/3430506.
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The emergence of ubiquitous computing (UbiComp) environments has increased the risk of undesired access to individuals’ physical space or their information, anytime and anywhere, raising potentially serious privacy concerns. Individuals lack awareness and control of the vulnerabilities in everyday contexts and need support and care in regulating disclosures to their physical and digital selves. Existing GUI-based solutions, however, often feel physically interruptive, socially disruptive, time-consuming and cumbersome. To address such challenges, we investigate the user interaction experience and discuss the need for more tangible and embodied interactions for effective and seamless natural privacy management in everyday UbiComp settings. We propose the Privacy Care interaction framework, which is rooted in the literature of privacy management and tangible computing. Keeping users at the center, Awareness and Control are established as the core parts of our framework. This is supported with three interrelated interaction tenets: Direct, Ready-to-Hand, and Contextual . Direct refers to intuitiveness through metaphor usage. Ready-to-Hand supports granularity, non-intrusiveness, and ad hoc management, through periphery-to-center style attention transitions. Contextual supports customization through modularity and configurability. Together, they aim to provide experience of an embodied privacy care with varied interactions that are calming and yet actively empowering. The framework provides designers of such care with a basis to refer to, to generate effective tangible tools for privacy management in everyday settings. Through five semi-structured focus groups, we explore the privacy challenges faced by a sample set of 15 older adults (aged 60+) across their cyber-physical-social spaces. The results show conformity to our framework, demonstrating the relevance of the facets of the framework to the design of privacy management tools in everyday UbiComp contexts.
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Brown, Abbe, and Rónán Kennedy. "Regulating intersectional activity: privacy and energy efficiency, laws and technology." International Review of Law, Computers & Technology 31, no. 3 (2017): 340–69. http://dx.doi.org/10.1080/13600869.2017.1371576.
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Porrini, Donatella. "Regulating Big Data effects in the European insurance market." Insurance Markets and Companies 8, no. 1 (2017): 6–15. http://dx.doi.org/10.21511/ins.08(1).2017.01.
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The article analyzes the regulatory framework in the insurance market in connection with the advent of Big Data, such as information collected from different sources that can be manipulated by new technologies. The use of Big Data offers significant opportunities to the insurance companies in terms of digitization of the distribution channels and greater knowledge of the customers, which is instrumental to a more effective identification of the individual’s risk profile, as well as improvement of the competitiveness. However, regulatory measures are needed for a proper use of Big Data in terms of respect of the individual privacy, potential discrimination and constraint on competition.
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Judijanto, Loso, Nuryati Solapari, and Irman Putra. "An Analysis of the Gap Between Data Protection Regulations and Privacy Rights Implementation in Indonesia." Easta Journal Law and Human Rights 3, no. 01 (2024): 20–29. http://dx.doi.org/10.58812/eslhr.v3i01.351.
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This paper analyzes the gap between data protection regulations and the implementation of the right to privacy in Indonesia from a juridical normative perspective. Despite the enactment of the Personal Data Protection (PDP) Law in 2022, significant challenges remain in ensuring the protection of personal data. These challenges include vague legal definitions, limited enforcement mechanisms, and insufficient provisions for regulating emerging digital technologies such as artificial intelligence and big data. Additionally, public awareness of privacy rights remains low, further exacerbating the ineffective implementation of the law. Through a comparative analysis with international frameworks like the GDPR, this paper highlights key areas for improvement in Indonesia's data protection landscape. Recommendations include establishing a centralized data protection authority, enhancing legal provisions for technological advancements, and increasing public engagement to ensure the effective protection of privacy rights in the digital age.
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Schäwel, Johanna, Regine Frener, and Sabine Trepte. "Political Microtargeting and Online Privacy: A Theoretical Approach to Understanding Users’ Privacy Behaviors." Media and Communication 9, no. 4 (2021): 158–69. http://dx.doi.org/10.17645/mac.v9i4.4085.
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Social media allow political parties to conduct political behavioral targeting in order to address and persuade specific groups of users and potential voters. This has been criticized: Most social media users do not know about these microtargeting strategies, and the majority of people who are aware of targeted political advertising say that it is not acceptable. This intrusion on personal privacy is viewed as problematic by users and activists alike. The overarching goal of this article is to elaborate on social media users’ privacy perceptions and potential regulating behaviors in the face of political microtargeting. This work is theoretical in nature. We first review theoretical and empirical research in the field of political microtargeting and online privacy. We then analyze how privacy is experienced by social media users during political microtargeting. Building on our theoretical analysis, we finally suggest clear-cut propositions for how political microtargeting can be researched while considering users’ privacy needs on the one hand and relevant political outcomes on the other.
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Fortes, Vinícius Borges, Salete Oro Boff, and Fernando Galindo Ayuda. "THE FUNDAMENTAL RIGHT TO PRIVACY IN BRAZIL AND THE INTERNET PRIVACY RIGHTS IN REGULATING PERSONAL DATA PROTECTION." Revista Eletrônica do Curso de Direito da UFSM 11, no. 1 (2016): 24. http://dx.doi.org/10.5902/1981369419706.
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Colnago, Jessica, Lorrie Cranor, and Alessandro Acquisti. "Is There a Reverse Privacy Paradox? An Exploratory Analysis of Gaps Between Privacy Perspectives and Privacy-Seeking Behaviors." Proceedings on Privacy Enhancing Technologies 2023, no. 1 (2023): 455–76. http://dx.doi.org/10.56553/popets-2023-0027.
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Privacy scholars have long studied, and argued about, a so-called privacy paradox---the alleged gap between individuals' claims of caring about privacy and their actual behaviors. This manuscript explores whether a different type of mismatch occurs in an online sample of US participants: a mismatch between participants' dismissive perspectives on privacy and their privacy-protective behaviors. In a series of online studies with Prolific US participants we tackle two research questions: is there evidence of mismatches between (dismissive) privacy perspectives, and (protective) privacy behaviors? If so, what can explain those mismatches? In a Behavior Elicitation study, we collect a corpus of privacy-regulating and privacy-protective behaviors. Next, in Study 1, we find evidence that engagement in a broad array of privacy behaviors is, in fact, very common in our sample. We also find that mismatches between dismissive privacy perspectives and protective behaviors emerge in a large proportion of participants. Finally, in Study 2, we uncover several common but distinct reasons for those mismatches, including construing seemingly protective behaviors as motivated by reasons other than privacy, and nuanced stances on when to express privacy concern. Collectively, the results indicate that individuals who are seemingly dismissive of privacy concerns engage in behaviors that can be construed as privacy-seeking. The findings highlight the nuances of individual privacy decision-making and suggest that public policy related to privacy should account for the evidence for widespread privacy-seeking behaviors.
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Ria Ermina Purba, Dewi Maharani, M. Akbar Adjiguna BMY, and Raudatul Zahra Al Zahra. "Peranan Hukum Positif Dalam Mengatur Cyberspace Untuk Menghadapi Tantangan Dan Peluang Di Era Digital." Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora 2, no. 2 (2024): 167–76. http://dx.doi.org/10.59059/mandub.v2i2.1180.
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The rapid development of information and communication technology has created a complex virtual environment known as cyberspace. In this digital era, cyberspace has become the main arena for various activities, from communication, business, to social interaction. However, this growth also poses serious challenges in managing these virtual spaces effectively. The role of law is very important in responding to this challenge. This study aims to explore the role of law in regulating cyberspace, as well as the associated challenges and opportunities. The role of law in this context includes establishing regulations, law enforcement, and protecting individual rights in the digital environment. The main challenges faced include the complex transnational nature of cybercrime, conflicting regulations between countries, as well as rapid legal adaptation to new technological developments. However, there are also emerging opportunities in regulating cyberspace. For example, the ability to apply a collaborative approach between states, the private sector and civil society in developing regulations that suit the unique characteristics of the digital environment. Additionally, technology can also be used as a tool to improve law enforcement and empower individuals to protect their privacy and security online. This study uses a descriptive analysis approach to evaluate relevant literature and case studies in order to understand the dynamics of the role of law in regulating cyberspace. By understanding these challenges and opportunities, we can develop a more holistic and adaptive framework for governing cyberspace, thereby ensuring the sustainability and security of the digital environment in this digital era.
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Martins da Costa, Jonas, Carlos Roberto Brandão Junior, Danilo Henrique Nunes, and Celso Barberato. "Digital legacy: reflections on regulation and challenges in the succession of digital assets." Concilium 23, no. 23 (2023): 173–97. http://dx.doi.org/10.53660/clm-2592-23u23.
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The digital inheritance has become relevant in the context of law, compelling the legal sphere to experience new institutions, namely digital assets and virtual personality. It brings with it various issues, such as a lack of effective regulation, absence of succession planning, and impacts on users' privacy and intimacy. In this context, the research aims to address the guiding question: "To what extent can we develop regulatory and practical approaches to address the succession of digital assets, taking into account the technological, legal, and ethical complexities involved, without compromising users' privacy and intimacy?" The hypothesis posits that it is possible to find a balance between practical and regulatory needs while preserving users' privacy. Adopting the hypothetical-deductive method and a review of scientific literature, it was concluded that it is feasible to enact legislation capable of regulating the issue, ensuring the rights of heirs, autonomy, interests, privacy, and intimacy of the deceased. Furthermore, until such legislation exists, the will can and should be the adopted means to address the issue at hand.
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Delicado, Ana, Marta Rosales, Mónica Truninger, Jussara Rowland, and Ana Viseu. "Privacy in the Age of the Internet of Things:." Privacy Studies Journal 4 (February 27, 2025): 31–58. https://doi.org/10.7146/psj.v4i.150180.
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Scientific and media discourse on the Internet of Things (IoT) emphasizes privacy concerns as a possible hurdle to widespread adoption. Drawing on a study conducted with users of home IoT devices and stakeholders, this article examines their perceptions, attitudes, and practices through the framework of privacy concerns, privacy rationales, and privacy work. The results show that users are ambivalent regarding data collection and transfer by IoT devices, oscillating between the advantages of personalization and fears of data commercialization, often accompanied by feelings of powerlessness and privacy resignation. Privacy rationales frequently translate into privacy work that includes rejection, digital housekeeping, and finding appropriate locations in the home. As IoT adoption expands beyond higher educated and higher skilled users, more effort should be made in regulating products and protecting citizens from the increased datafication of everyday life.
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Pisaric, Milana. "Protection of privacy related to criminal procedure." Zbornik Matice srpske za drustvene nauke, no. 154 (2016): 53–65. http://dx.doi.org/10.2298/zmsdn1654053p.
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Every person has the right to privacy and protection of personal data and these rights may be restricted only in order to protect the general interest or the preservation of important values in society. If there is a certain degree of suspicion that a person committed a criminal offense, the competent authorities are authorized to limit his/her privacy rights and to collect and process personal data for the purposes of criminal proceedings, by taking certain actions and measures in accordance with the law. On the basis of legal authorization certain subjects may take regular and special evidentiary actions and measures, but possible privacy infringement and data collection should be limited to the extent necessary to suppress a specific criminal offense in accordance with the principle of proportionality. It is necessary and useful to apply the methods and techniques of information technology in order to detect and prove criminal offenses. However, uncritical regulation and voluntary application of advanced methods and techniques of surveillance and monitoring of user?s activities (whose daily activities increasingly rely on information technology) would create a real risk of expanding and deepening the scope of spheres of life to be monitored to a much greater extent than legitimate monitoring within the concept of pro?activity and creation of a complete and panoptic surveillance of personal data. This could not be justified by the needs to oppose even the most severe forms of criminal offenses. Thus, actions and measures based on the use of these techniques and methods should be laid down and applied in accordance with the principles of specificity, necessity and proportionality, and with control of the judicial authorities, so the right to privacy would not be jeopardized. It is necessary to find a proper balance between the needs of criminal proceedings and respect for human rights, with regard to regulating powers of investigative bodies in collecting data of individuals. In online environment, the protection of the right to legal personality and the right to free development of personality through the right to privacy as well as the protection of personal data are necessary to be provided by legal regulations containing even stricter and more precise rules (comparing to offline environment) that determine the scope of powers of the authorities to collect evidence for the purposes of criminal proceedings, because certain actions or measures can greatly interfere with the private sphere of individuals in the direction of a complete privacy annulment.
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Ashutosh. "Cross-Border Data Flows and International Law: Navigating Jurisdictional Complexities in the Digital Age." Indian Journal of Law 2, no. 1 (2024): 15–23. http://dx.doi.org/10.36676/ijl.v2.i1.03.
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This paper delves into the intricate realm of "Cross-Border Data Flows and International Law: Navigating Jurisdictional Complexities in the Digital Age." In an era dominated by global connectivity and digital interdependence, the paper scrutinizes the challenges posed by jurisdictional complexities in regulating the exchange of data across borders. The investigation encompasses a comprehensive analysis of existing international legal frameworks, jurisdictional challenges arising from varying national regulations, the impact of data protection and privacy laws, and technological solutions. Through case studies and a forward-looking lens, the paper offers insights into the evolving landscape of cross-border data governance. The recommendations put forth aim to foster a harmonized approach to international law, ensuring a delicate balance between facilitating data flows and safeguarding individual privacy rights.
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Duraković, Adnan, and Sabina Duraković. "REGULATING THE NON-MILITARY USE OF DRONES AND PROTECTION OF PRIVACY." Journal of Criminology and Criminal Law 58, no. 3 (2020): 39–53. http://dx.doi.org/10.47152/rkkp.58.3.3.
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In last few years we are witnesses of strong development of drones’ capacity not only for military purposes but also for civilian use, particularly for police surveillance, investigations, arrests and search and rescue operations. Up until now not even United States of America adopted unified laws considering the use of drones and their impact on privacy but it is obvious that legal, administrative and justice framework for balancing these two conflicted interests and demands will soon be developed. This article will give the review of legal problems and solutions from literature covering countries which are the leaders in this field of technology and law.
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Parthasarathy, Shobita. "Regulating Risk: Defining Genetic Privacy in the United States and Britain." Science, Technology, & Human Values 29, no. 3 (2004): 332–52. http://dx.doi.org/10.1177/0162243904264485.
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Thon, Franziska M., and Regina Jucks. "Regulating privacy in interpersonal online communication: The role of self-disclosure." Studies in Communication Sciences 14, no. 1 (2014): 3–11. http://dx.doi.org/10.1016/j.scoms.2014.03.012.
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Aliyeva, L. R., and A. T. Otarbayeva. "Problems of adoption privacy ensuring in considering of civil case on adoption (adrogation) of a child in the courts of the Republic of Kazakhstan." Bulletin of the Karaganda University “Law Series” 105, no. 1 (2022): 120–29. http://dx.doi.org/10.31489/2022l1/120-129.
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This article discusses the main provisions on the adoption privacy in the consideration of a civil case on the adoption of a child in the courts of the Republic of Kazakhstan and the problems of its ensuring. The adoption (adrogation) privacy is considered as the most important category regarding the rights and legitimate interests of the child as independent participator involved in the process of adoption. The protection of the rights of children is one of the priorities of any civilized state. The controversial moments are relevant in the sphere of regulating the adoption privacy, including a procedural nature that is directly related to the protection of the rights and interests of the participants of this process. The authors of the paper aim to determine alternatives to application of provisions on the adoption privacy in civil proceedings based on the analysis of the peculiar-ities of Kazakhstan and foreign regulation of the relations under consideration, considering the norms of an international legal nature. The methodological basis of this work is dialectical, systemic, comparative-legal, regulatory, and other methods of knowledge. Analysis of the current legislation of the Republic of Kazakh-stan allows us to conclude that there is a sufficient number of branch values in it, which ensure the adoption (adrogation) privacy. Despite this, some rules in this area require a certain adjustment and improvement, which will further contribute to more effective legal regulation of these legal relations.
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Wang, Chao, Jieyu Zhang, Nicholas Lassi, and Xiaohan Zhang. "Privacy Protection in Using Artificial Intelligence for Healthcare: Chinese Regulation in Comparative Perspective." Healthcare 10, no. 10 (2022): 1878. http://dx.doi.org/10.3390/healthcare10101878.
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Advanced artificial intelligence (AI) technologies are now widely employed in China’s medical and healthcare fields. Enormous amounts of personal data are collected from various sources and inserted into AI algorithms for medical purposes, producing challenges to patient’s privacy. This is a comparative study of Chinese, United States, and European Union operational rules for healthcare data that is collected and then used in AI functions, particularly focusing on legal differences and deficiencies. The conceptual boundaries of privacy and personal information, the influence of technological development on the informed consent model, and conflicts between freedom and security in rules of cross-border data flow were found to be key issues requiring consideration when regulating healthcare data used for AI purposes. Furthermore, the results indicate that the appropriate balance between privacy protections and technological development, between individual and group interests, and between corporate profits and the public interest should be identified and observed. In terms of specific rule-making, it was found that China should establish special regulations protecting healthcare information, provide clear definitions and classification schemas for different types of healthcare information, and enact stricter accountability mechanisms. Examining and contrasting operational rules for AI in health care promotes informed privacy governance and improved privacy legislation.
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Nithish Ranjan Gowda, Et al. "Preserve data-while-sharing: An Efficient Technique for Privacy Preserving in OSNs." International Journal on Recent and Innovation Trends in Computing and Communication 11, no. 9 (2023): 3341–53. http://dx.doi.org/10.17762/ijritcc.v11i9.9540.
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Online Social Networks (OSNs) have become one of the major platforms for social interactions, such as building up relationships, sharing personal experiences, and providing other services. Rapid growth in Social Network has attracted various groups like the scientific community and business enterprise to use these huge social network data to serve their various purposes. The process of disseminating extensive datasets from online social networks for the purpose of conducting diverse trend analyses gives rise to apprehensions regarding privacy, owing to the disclosure of personal information disclosed on these platforms. Privacy control features have been implemented in widely used online social networks (OSNs) to empower users in regulating access to their personal information. Even if Online Social Network owners allow their users to set customizable privacy, attackers can still find out users’ private information by finding the relationships between public and private information with some background knowledge and this is termed as inference attack. In order to defend against these inference attacks this research work could completely anonymize the user identity.
 This research work designs an optimization algorithm that aims to strike a balance between self-disclosure utility and their privacy. This research work proposes two privacy preserving algorithms to defend against an inference attack. The research work design an Privacy-Preserving Algorithm (PPA) algorithm which helps to achieve high utility by allowing users to share their data with utmost privacy. Another algorithm-Multi-dimensional Knapsack based Relation Disclosure Algorithm (mdKP-RDA) that deals with social relation disclosure problems with low computational complexity. The proposed work is evaluated to test the effectiveness on datasets taken from actual social networks. According on the experimental results, the proposed methods outperform the current methods.
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Ohiro, Oghomwen Rita, and Keseme Phillip Odudu. "REGULATION OF OPEN BANKING IN NIGERIA: BALANCING INNOVATION AND PRIVACY." ABUAD Private and Business Law Journal 3, no. 1 (2019): 55–81. http://dx.doi.org/10.53982/apblj.2019.0301.04-j.
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Open banking has become a game-changing strategy in the financial sector, aimed at improving innovation, competition, and overall customer experience. This study explores the possibility of introducing technological advancements in banking through open banking systems while ensuring privacy protection. It examines the legal aspects of regulating open banking in Nigeria and emphasizes the importance of achieving a balanced approach that encourages innovation while maintaining rigorous regulatory standards. This paper employs a doctrinal research methodology, combining legal analysis and comparative studies to assess Nigeria's current regulatory landscape and identify any gaps. Drawing on the United Kingdom's regulatory model as a benchmark, the paper evaluates the effectiveness of Nigeria's regulations governing open banking. The findings emphasize the necessity of enhancing the regulatory framework to address the unique challenges posed by open banking in Nigeria. By providing insights and recommendations, this paper seeks to guide policymakers in striking a harmonious balance between innovation and privacy within the Nigerian open banking ecosystem.
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Peng, Fei. "Analysis of the Ethical Lapses in Journalism When Using Chat Records for Reporting." Lecture Notes in Education Psychology and Public Media 50, no. 1 (2024): 282–87. http://dx.doi.org/10.54254/2753-7048/50/20240971.
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In the current era, news stories that utilize private chat records from social media as source material have attracted a substantial audience. However, there has been public debate regarding whether this practice breaches individual privacy management primarily and crosses the boundaries of journalistic ethics. This paper investigates the phenomenon of using private chat records from social media as news material, and its impact on personal privacy management and the boundaries of journalistic ethics. Specifically, the study focuses on how this practice disrupts the privacy management of chat record subjects, particularly in terms of boundary linkage, boundary permeability, and boundary ownership, thereby leading to issues of journalistic ethical lapses. The aim of the research is to propose methods for regulating journalistic practices and promoting the establishment of a "right to be forgotten" for social media users, in order to standardize journalistic boundaries, achieve boundary coordination, and reshape journalistic ethics. The main methodology of this paper is case analysis, complemented by literature review. The article employs Communication Privacy Management Theory as its theoretical framework and analyzes relevant journalistic cases. This paper finds that by standardizing the way journalists use news materials and promoting the establishment of the "Right to be Forgotten" for social media users, it is possible to regulate their news boundaries, achieve boundary coordination, and reshape their journalistic ethics.
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Kadek Ayu Widya Arisanthi. "Hak Atas Privasi dalam Pengelolaan Digital Legacy Pascakematian sebagai Wujud Perlindungan Hak Asasi." Politika Progresif : Jurnal Hukum, Politik dan Humaniora 2, no. 2 (2025): 104–13. https://doi.org/10.62383/progres.v2i2.1672.
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The development of technology communication and information has produce the phenomenon of digital legacy, which is a person's digital footprint that remains stored and persists after they pass away.This digital legacy not only reflects a person's identity and personal life but also stores sensitive and private data.In the perspective of human rights, the right to privacy is a base right that must be protected, including personal data post-mortem. However, the legal system in Indonesia has not explicitly regulated the protection of digital legacy, resulting in a legal vacuum that potentially violates the right to privacy.This research uses a normative method with a legislative approach and a case approach.The study results show that the absence of national legal norms specifically regulating digital legacy causes society to depend on the internal policies of foreign digital platforms, which do not guarantee justice and human rights protection. National regulations are needed that specifically govern the protection of personal data post-mortem as a form of respect for human privacy and dignity, as well as a tangible manifestation of the state's responsibility to guarantee the human rights of its citizens in the digital era.
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Mone, Varda, and Fayazullaeva Shakhlo. "Health Data on the Go: Navigating Privacy Concerns with Wearable Technologies." Legal Information Management 23, no. 3 (2023): 179–88. http://dx.doi.org/10.1017/s1472669623000427.
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AbstractThe escalating adoption of wearable technology for health data monitoring has led to the real-time aggregation of personal information. This phenomenon has fuelled heightened apprehensions about data security and privacy, given the storage, processing, and sharing of personal health data by corporations. Regulatory frameworks have been enacted to safeguard individual privacy rights, as exemplified by the General Data Protection Regulation (GDPR). This research paper, by Ms Varda Mone and Ms Fayazullaeva Shakhlo, offers an overview of extant literature on privacy apprehensions concerning wearable devices, conducting an exhaustive review to discern pivotal privacy issues and proffer prospective remedies. Specifically, the paper delineates the ensuing privacy concerns associated with wearables. Predominantly, wearables introduce security vulnerabilities that may facilitate the misappropriation, compromise, or revelation of delicate health data. The copious health information amassed by wearables can be potentially sold or divulged to external parties’ sans user cognisance or consent. Furthermore, the deployment of wearable technology harbours the potential for discriminatory practices against those with disabilities or chronic ailments. Additionally, apprehensions pertaining to privacy and surveillance stem from the capacity of wearable devices to monitor and trace an individual's movements and activities. To conclude, the paper deliberates on plausible measures to address privacy concerns pertaining to wearable devices, encompassing: a) Fortifying the security apparatus of wearable devices, b) Amplifying user autonomy over their health data, and c) Regulating the collection and utilisation of user health data by wearables. The paper asserts that the amelioration of these privacy concerns is indispensable for leveraging wearable technology's potential to enhance human well-being while ensuring the preservation of personal privacy.
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Tomisek, Jan. "Cookies and EU Law: History, Future Regulation and Critique." Technology and Regulation 2023 (October 1, 2023): 35–44. https://doi.org/10.71265/mzr2e064.
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Cookies and similar technologies can be used to track the online behaviour of internet users and can pose risks to their privacy and other fundamental rights. The use of cookies and similar technologies is therefore regulated by EU law. The article describes the history of EU law regulating cookies, analyses its current form and application to different technologies, and describes the proposals for the ePrivacy Regulation. Based on the analysis, it provides a critique of both the current law and the proposals and suggests ways forward in the regulation of cookies and similar technologies.
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Jelena Vujicic. "Algorithmic accountability and ethical oversight: legal challenges in transatlantic AI regulation." International Journal of Science and Research Archive 13, no. 2 (2024): 4409–19. https://doi.org/10.30574/ijsra.2024.13.2.0722.
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This paper examines the legal systems governing AI in the European Union (EU) and the United States (US) and the conditions associated with regulating the growing AI advancement. In comparing the GDPR of the European Union and the proposed AI regulation across industries such as healthcare, transportation, and the military in the United States, similarities and dissimilarities emerge in the two areas‘approaches to regulating AI. The current frameworks also lack sufficient provisions regarding ethics and bias, particularly in algorithms and general transparency. This also stresses the importance of a better global approach that would specify necessary mechanisms protecting people’s privacy and enforcing accountability and fairness of AI. The insights will be made to suggest improvements regarding the regulation of AI in both areas, as well as an insight into the global discussion about the proper deployment of applied artificial intelligence.
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Bamberger, Kenneth A., and Ariel Evan Mayse. "PRE-MODERN INSIGHTS FOR POST-MODERN PRIVACY: JEWISH LAW LESSONS FOR THE BIG DATA AGE." Journal of Law and Religion 36, no. 3 (2021): 495–532. http://dx.doi.org/10.1017/jlr.2021.90.
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AbstractThis article makes the counterintuitive argument that the millennia-old approach of Jewish law to regulating surveillance, protecting communications, and governing collection and use of information offers important frameworks for protecting privacy in an age of big data and pervasive surveillance. The modern approach to privacy has not succeeded. Notions of individual “rights to be let alone” and “informational self-determination” offer little defense against rampant data collection and aggregation. The substantive promise of a “fundamental human right” of privacy has largely been reduced to illusory procedural safeguards of “notice” and “consent”—manipulable protections by which individuals “agree” to privacy terms with little understanding of the bargain and little power to opt out. Judaism, on the other hand, views privacy as a societal obligation and employs categorical behavioral and architectural mandates that bind all of society's members. It limits waiver of these rules and rejects both technological capacity and the related notion of “expectations” as determinants of privacy's content. It assumes the absence of anonymity and does not depend on the confidentiality of information or behavior, whether knowledge is later used or shared, or whether the privacy subject can show concrete personal harm. When certain types of sensitive information are publicly known or cannot help but be visible, Jewish law still provides rules against their use. Jewish law offers a language that can guide policy debates. It suggests a move from individual control over information as the mechanism for shaping privacy's meaning and enforcement, to a regime of substantive obligations—personal and organizational—to protect privacy. It recognizes the interconnected nature of human interests and comprehends the totality of the harm that pervasive surveillance wreaks on individuals and social relations. It offers a conceptual basis for extending traditional privacy protections to online spaces and new data uses. And it provides a language of dignity that recognizes unequal bargaining power, rejects the aggregation and use of information to create confining personal narratives and judgments, and demands equal protection for all humans.
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Hoffmann, Linus J. "Commodification beyond data: regulating the separation of information from noise." European Law Open 2, no. 2 (2023): 424–33. http://dx.doi.org/10.1017/elo.2023.38.
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AbstractDigital technology brought informational saturation to our lives. In cyberspace, private and business users need help to make valuable pieces of information stand out from the noise of excessive information. With search algorithms, recommender systems, and online advertising, digital platforms specialised in providing relief for this problem. Their technologies arrange digitalised information to make it intelligible and relevant for individuals. But the separation of information from noise did not only become a necessity to comfortably navigate the depths of the web, it also became a commodity. There is a demand for it, a supply, a price, and an exchange on markets which is enabled by private law. The examples of general search, recommender systems, and online advertising illustrate that. At the same time, their commodification can become problematic. This paper argues that in the European Union (EU), the separation of information from noise has become a contested commodity according to M. J. Radin’s framework. The Digital Services Act and the Digital Markets Act purposefully limit the influence of the market price mechanism on the design and allocation of the separation technology to protect legal goods like the democratic process, innovation, and privacy.
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Prastyanti, Rina Arum, and Ridhima Sharma. "Establishing Consumer Trust Through Data Protection Law as a Competitive Advantage in Indonesia and India." Journal of Human Rights, Culture and Legal System 4, no. 2 (2024): 354–90. http://dx.doi.org/10.53955/jhcls.v4i2.200.
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Data protection laws play a crucial role in enhancing consumer trust in the digital economy, especially with the rise of online cybersecurity threats due to firm expansion. Despite advances, personal data protection laws remain controversial globally, with challenges in implementation hindering progress in some regions. This research examines the competitive advantage of building consumer trust through the Personal Data Protection Law. This research uses juridical-normative research with a legislative approach and comparison with other countries. A comparison was made with India, one of the countries with higher awareness of the importance of personal data protection laws than other countries. The results show that Consumer trust in a company is measured by the extent to which they believe the company will protect their data. Public privacy policies and government regulations that enforce data security measures and increase transparency positively impact trust by reducing concerns about privacy risks. Although data protection laws have been introduced, obstacles such as lack of legal assistance and overlapping sectoral regulations still exist, hindering the smooth implementation of these laws. Nevertheless, implementing data protection laws, such as Indonesia's Private Data Protection Law No. 27 of 2022 and India's Digital Personal Data Protection Act of 2023, is crucial for boosting consumer confidence and regulating data processing. Data security is critical in establishing and maintaining consumer trust in companies as online cybersecurity threats increase with business expansion.
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Matyash, Andrii. "Challenges and prospects of legal regulation of advertising on online platforms." Legal Horizons 21, no. 2 (2024): 9–17. https://doi.org/10.54477/lh.25192353.2024.2.pp.9-17.
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Online advertisement provides marketers with a low-cost way of reaching large and diverse customers. Some of the spaces utilised by businesses to advertise products include Facebook, Google, and other social networking platforms. Like traditional media, online advertisement is subject to legal regulation. The paper aimed to critically evaluate the challenges and prospects of legal regulation of ads on online platforms. Through a well-conducted literature review of 20 scholarly sources, the article identified the primary challenges as the dynamic nature of technology, false advertising, data privacy issues, and problems related to safeguarding firms from defamatory interviews. Despite the challenges, the research found opportunities such as strengthening privacy laws, detecting false advertisements, and regulating the online marketing of unethical or potentially harmful products. Policymakers, particularly in Congress, must remain aware of the borderless nature of the Internet and the opportunities and threats it avails to regulatory authorities. Moreover, the research underscores the significance of training and capacity-building to guarantee compliance.
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Seraj, Sultan-Mahmood. "Post-Pandemic Telehealth: An Unhealthy Privacy Prescription." Global Privacy Law Review 3, Issue 4 (2022): 208–20. http://dx.doi.org/10.54648/gplr2022024.
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The COVID-19 pandemic catapulted the use of telehealth services across the United States (US). In response to the public health emergency, the Office for Civil Rights (OCR) at the US Department for Health and Human Services (HHS) issued a notice relaxing privacy and security safeguards outlined in the Health Insurance Portability and Accountability Act (HIPAA). During the past two years, several novel legal issues have arisen due to these lenient standards. The US government has not adequately considered standardizing rules for remote telehealth consultations and regulating the flow of sensitive patient data in a post-COVID world. This article addresses key legal issues associated with telehealth services while recommending national standards to mitigate physician liability while prioritizing patient care.