scholarly journals Comparing the protection and use of online personal information in South Africa and the United Kingdom in line with data protection requirements

2019 ◽  
Vol 28 (3) ◽  
pp. 399-422
Author(s):  
Adéle Da Veiga ◽  
Ruthea Vorster ◽  
Fudong Li ◽  
Nathan Clarke ◽  
Steven M. Furnell

Purpose The purpose of this study was to investigate the difference between South Africa (SA) and the United Kingdom (UK) in terms of data protection compliance with the aim to establish if a country that has had data protection in place for a longer period of time has a higher level of compliance with data protection requirements in comparison with a country that is preparing for compliance. Design/methodology/approach An insurance industry multi-case study within the online insurance services environment was conducted. Personal information of four newly created consumer profiles was deposited to 10 random insurance organisation websites in each country to evaluate a number of data privacy requirements of the Data Protection Act and Protection of Personal Information Act. Findings The results demonstrate that not all the insurance organisations honored the selected opt-out preference for receiving direct marketing material. This was evident in direct marketing material that was sent from the insurance organisations in the sample to both the SA and UK consumer profiles who opted out for it. A total of 42 unsolicited third-party contacts were received by the SA consumer profiles, whereas the UK consumer profiles did not receive any third-party direct marketing. It was also found that the minimality principle is not always met by both SA and UK organisations. Research limitations/implications As a jurisdiction with a heavy stance towards privacy implementation and regulation, it was found that the UK is more compliant than SA in terms of implementation of the evaluated data protection requirements included in the scope of this study, however not fully compliant. Originality/value Based upon the results obtained from this research, it suggests that the SA insurance organisations should ensure that the non-compliance aspects relating to direct marketing and sharing data with third parties are addressed. SA insurance companies should learn from the manner in which the UK insurance organisations implement these privacy requirements. Furthermore, the UK insurance organisations should focus on improved compliance for direct marking and the minimality principle. The study indicates the positive role that data protection legislation plays in a county like the UK, with a more mature stance toward compliance with data protection legislation.

2014 ◽  
Vol 15 (1/2) ◽  
pp. 32-40 ◽  
Author(s):  
Ian Hall ◽  
Jessica Stephens ◽  
Sarah Kennedy

Purpose – The University of York Library, part of its Information Directorate, has successfully run an annual user survey using LibQUAL+ since 2008. The tool has proven invaluable in understanding user needs and measuring improvements. The ability to benchmark performance has been well received by university senior managers. Following this positive experience, the Directorate piloted the TechQual+ survey to assess its technology services. TechQual+ is a total market-survey tool developed on the same principles as LibQUAL+. York was the first university in the UK to do this. The purpose of this paper is to reflect upon the experience and its relevance to information services. Design/methodology/approach – A team was established to co-ordinate the distribution of the survey, which was e-mailed to all university members. The survey was conducted over a period of three weeks in December 2011 using their web-based tool. The team worked with the survey providers to make amendments in order to comply with UK Data Protection legislation. Findings – The TechQual+ tool provided a rich set of data on the IT needs of University of York students and staff, including a wealth of comments. As the first use of the tool in the UK, a number of outcomes arose from the pilot: methods for running the survey in order to meet UK data protection requirements; feedback on the tool itself, with some questions not understood from a UK context; a rich set of results data, with some similarities (and several differences) to those available through LibQUAL+. Originality/value – The paper presents the first application of the TechQual+ survey in UK and discusses the issues faced when implementing it in a UK context. The case study will be of interest to libraries or converged services interested in assessing their IT provision.


2014 ◽  
Vol 13 (6) ◽  
pp. 1315 ◽  
Author(s):  
Michelle De Bruyn

South Africa has received its own data protection legislation - the Protection of Personal Information (POPI) Act - in November 2013 and is expecting the government to appoint an Information Regulator to enforce the letter of the law. Until then, South African businesses will have time to get their house in order, but uncertainty exists as to how businesses will be affected when this happens. It is anticipated that the enforcement activities by the Information Regulator will be similar to how it is done by the Information Commissioners Office (ICO) in the United Kingdom. The ICO has been enforcing compliance with the Data Protection Act (DPA) of the United Kingdom since it obtained its enforcement powers in April 2010. This article summarises all actions taken by the ICO from April 2010 until the end of December2013 to determine the industries most affected, the contraventions with the highest frequency and, where applicable, the highest monetary fines. This article should provide some insight into what South African businesses can expect after the Information Regulator is appointed and starts to enforce the law. It will also enable them to focus their attention on the safeguarding of business areas with increased data protection risks as well as provide some counter measures that can be taken to prevent punishable contraventions.


Significance The meeting took place against a background of persisting tensions between European authorities and the mainly US-owned digital giants over questions of data protection and privacy. Impacts Concerns that the procedures have not been properly tested to establish whether EU citizens’ data is properly protected will persist. The prospects for Privacy Shield may set a precedent for post-Brexit data relations between the United Kingdom and the EU. This could jeopardise the UK data protection regime's changes of being deemed “adequate” by the European Commission.


1983 ◽  
Vol 7 (1) ◽  
pp. 15-22 ◽  
Author(s):  
Anne Crook

The United Kingdom Government is about to enact legisla tion for data protection. It is intended that this will safeguard the pnvacy of the individual which is seen to be threatened by the increasing use and capabilities of computerised personal information systems. There are also fears that the British computer and data processing industries will be at a disad vantage when competing in the international market without legislation equivalent to that already operating in other coun tries. The legislation will enable the UK to ratify the Council of Europe Data Protection Convention and to comply with the OECD Guidelines on Transborder Data Flow. Data protection is a valuable example of the interaction of information technology and society. This paper presents an overview of the issues involved. It examines what is meant by data privacy and how that privacy may be infringed by the use of both computerised and manual record systems. The impact of technology on the privacy problem is descnbed, including linkage of computer systems and the contribution of computer security. The need for legislation is discussed, both within the context of the international situation and of the early attempts at domestic legislation.


Author(s):  
Andrew McDonald

This chapter assesses freedom of information (FOI) in the United Kingdom. It discusses the terminology associated with FOI, namely, transparency and openness. FOI refers to access to non-personal information; the regulation of personal information is typically governed by privacy or data-protection laws. Some jurisdictions take an integrated approach to both categories of information, but this chapter focuses on information that does not relate primarily to the individual. The family of information statutes – encompassing FOI, privacy, official secrecy and the like – are known collectively as Access to Information laws. Finally, open government is a term close to openness, since both are concerned with systems and delivery.


Significance Reaching an agreement with the UK government will support Australia’s efforts to secure new markets for goods affected by political tensions with China, but early benefits once the FTA is signed are likely to be limited. Impacts The Liberal Party’s coalition partner may demand changes if it sees the FTA as failing to protect rural interests. Pending regulatory clauses, including tough UK standards on data protection, could create tensions in final negotiations. The FTA will allow ships flagged in the United Kingdom or Australia to provide feeder services between the respective ports.


Subject UK-EU data flows post-Brexit. Significance Recent publication of the UK government’s no-deal Brexit plans highlight the difficulties that could arise in transferring data between the EU and the United Kingdom in the event of such an outcome. Impacts Data protection requirements may prompt EU companies to avoid the United Kingdom as a host for their data. This would undercut UK digital companies that rely on such data as a part of their business model. Firms dependent on data transfers within the EU are likely to relocate parts of their businesses to another member state.


2016 ◽  
Vol 14 (1) ◽  
pp. 49-69 ◽  
Author(s):  
Milica Milutinovic ◽  
Bart De Decker

Purpose – The medical advances and historical fluctuations in the demographics are contributing to the rise of the average age. These changes are increasing the pressure to organize adequate care to a growing number of individuals. As a way to provide efficient and cost-effective care, eHealth systems are gaining importance. However, this trend is creating new ethical concerns. Major issues are privacy and patients’ control over their data. To deploy these systems on a large scale, they need to offer strict privacy protection. Even though many research proposals focus on eHealth systems and related ethical requirements, there is an evident lack of practical solutions for protecting users’ personal information. The purpose of this study is to explore the ethical considerations related to these systems and extract the privacy requirements. This paper also aims to put forth a system design which ensures appropriate privacy protection. Design/methodology/approach – This paper investigates the existing work in the area of eHealth systems and the related ethical considerations, which establish privacy as one of the main requirements. It lists the ethical requirements and data protection standards that a system needs to fulfil and uses them as a guideline for creating the proposed design. Findings – Even though privacy is considered to be a paramount aspect of the eHealth systems, the existing proposals do not tackle this issue from the outset of the design. Consequently, introducing privacy at the final stages of the system deployment imposes significant limitations and the provided data protection is not always to the standards expected by the users. Originality/value – This paper motivates the need for addressing ethical concerns in the eHealth domain with special focus on establishing strict privacy protection. It lists the privacy requirements and offers practical solutions for developing a privacy-friendly system and takes the approach of privacy-by-design. Additionally, the proposed design is evaluated against ethical principles as proposed in the existing literature. The aim is to show that technological advances can be used to improve quality and efficiency of care, while the usually raised concerns can be avoided.


2016 ◽  
Vol 18 (3) ◽  
pp. 149-160 ◽  
Author(s):  
Lorna Montgomery ◽  
Janet Anand ◽  
Kathryn Mackay ◽  
Brian Taylor ◽  
Katherine C. Pearson ◽  
...  

Purpose – The purpose of this paper is to explore the similarities and differences of legal responses to older adults who may be at risk of harm or abuse in the UK, Ireland, Australia and the USA. Design/methodology/approach – The authors draw upon a review of elder abuse and adult protection undertaken on behalf of the commissioner for older people in Northern Ireland. This paper focusses on the desk top mapping of the different legal approaches and draws upon wider literature to frame the discussion of the relative strengths and weaknesses of the different legal responses. Findings – Arguments exist both for and against each legal approach. Differences in defining the scope and powers of adult protection legislation in the UK and internationally are highlighted. Research limitations/implications – This review was undertaken in late 2013; while the authors have updated the mapping to take account of subsequent changes, some statutory guidance is not yet available. While the expertise of a group of experienced professionals in the field of adult safeguarding was utilized, it was not feasible to employ a formal survey or consensus model. Practical implications – Some countries have already introduced APL and others are considering doing so. The potential advantages and challenges of introducing APL are highlighted. Social implications – The introduction of legislation may give professionals increased powers to prevent and reduce abuse of adults, but this would also change the dynamic of relationships within families and between families and professionals. Originality/value – This paper provides an accessible discussion of APL across the UK and internationally which to date has been lacking from the literature.


Significance The differing perspectives of unionists and nationalists on the creation of Northern Ireland as a political entity within the United Kingdom, together with Brexit and tensions over the Northern Ireland Protocol (NIP), have brought the contentious issue of Irish reunification onto the political agenda in Northern Ireland and the Irish Republic. Impacts Scottish independence would likely increase momentum for a referendum on Irish unity. Successful implementation of the NIP, giving firms access to EU and UK markets, may support arguments for maintaining the status quo. If the UK government abandons the NIP, the adverse trade impact on Northern Irish firms could increase support for unification.


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