data protection law
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2022 ◽  
Vol 35 (1) ◽  
pp. 101-118
Author(s):  
Miral-Sabry AlAshry

The purpose of this study is to investigate the effectiveness of the Egyptian Personal Data Protection Law No. 151 for 2020, as well as its implications for journalistic practice. More specifically, the focal point of this study was to explore how Egyptian journalists interpret the law and its implication for press freedom in Egypt. The underpinning theoretical framework was informed by the Authoritarian school of thought. Questionnaires were distributed to 199 journalists from both independent and semi-governmental representing thirteen official newspapers of Egypt, while in-depth interviews were done with (3) Editors, (4) journalists, and (3) human rights lawyers. The finding of the study indicated that the government placed restrictions on journalists by using Data Protection Law relating to the media. That law is negatively impacting journalists and media houses. It was clear from the findings that the journalists see the law as an obstacle to media independence, as it allows the government to exercise greater information control through digital policy and puts rules of regulation against journalists.


2022 ◽  
pp. 27-49
Author(s):  
Sidi Mohamed Sidi Ahmed

The internet of things (IoT) is one of successive technological waves that could have great impact on different aspects of modern life. It is being used in transport, smart grids, healthcare, environmental monitoring, logistics, as well as for processing pure personal data through a fitness tracker, wearable medical device, smartwatch, smart clothing, wearable camera, and so forth. From a legal viewpoint, processing personal data has to be done in accordance with rules of data protection law. This law aims to protect data from collection to retention. It usually applies to the processing of personal data that identifies or can identify a specific natural person. Strict adherence to this law is necessary for protecting personal data from being misused and also for promoting the IoT industry. This chapter discusses the applicability of the data protection law to IoT and the consequences of non-compliance with this law. It also provides recommendations on how to effectively comply with the data protection law in the IoT environment.


2021 ◽  
Vol 4 (2) ◽  
pp. 75-85
Author(s):  
Susanna Lindroos-Hovinheimo

This paper considers the European Court of Justice’s Schrems II ruling from a variety of angles. From a strictly legal point of view, considering the GDPR, the CJEU came to a logical conclusion. In this paper, I nevertheless try to think about other ways of understanding the dispute and the ruling. In addition to data protection law, the case is about surveillance, platform power, resistance, global politics, data territoriality and the Court’s competence. These sensitive issues come forth when the strict data protection issues are set aside and a slightly more open analysis undertaken. In the end, however, the ruling does bring about real-life problems that pertain to data protection law. Transfers of data to third countries are a pressing problem that no one seems to know how to solve. 


Author(s):  
Yudo Arhuma Binardy ◽  

This study aimed to analyze the legal protection arrangements in Indonesia for privacy rights in cases of personal data leakage and to examine the urgency of the establishment of the Personal Data Protection Law as an effort to prevent personal data leakage. This study used a normative juridical research approach, the type of data was secondary data with data collection techniques in the form of library research and documentation studies. The results of this study are that the privacy right gets legal protection in Indonesia through Law Number 19 of 2016 concerning Information and Electronic Transactions, also regulated in its implementing regulations, namely Government Regulation Number 71 of 2019 and Regulation of the Minister of Communication and Information Technology Number 20 of 2016. The regulation has not been able to overcome the rampant cases of privacy rights violations and has not been able to protect the owner of personal data. The stipulation of a personal data protection law as an effort to combat the leakage of personal data is an urgent matter to meet the demands of information disclosure in government institutions and protect individual rights concerning collection, processing, maintenance, dissemination of personal data.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Gianclaudio Malgieri

Purpose This study aims to discover the legal borderline between licit online marketing and illicit privacy-intrusive and manipulative marketing, considering in particular consumers’ expectations of privacy. Design/methodology/approach A doctrinal legal research methodology is applied throughout with reference to the relevant legislative frameworks. In particular, this study analyzes the European Union (EU) data protection law [General Data Protection Regulation (GDPR)] framework (as it is one of the most advanced privacy laws in the world, with strong extra-territorial impact in other countries and consequent risks of high fines), as compared to privacy scholarship on the field and extract a compliance framework for marketers. Findings The GDPR is a solid compliance framework that can help to distinguish licit marketing from illicit one. It brings clarity through four legal tests: fairness test, lawfulness test, significant effect test and the high-risk test. The performance of these tests can be beneficial to consumers and marketers in particular considering that meeting consumers’ expectation of privacy can enhance their trust. A solution for marketers to respect and leverage consumers’ privacy expectations is twofold: enhancing critical transparency and avoiding the exploitation of individual vulnerabilities. Research limitations/implications This study is limited to the European legal framework scenario and to theoretical analysis. Further research is necessary to investigate other legal frameworks and to prove this model in practice, measuring not only the consumers’ expectation of privacy in different contexts but also the practical managerial implications of the four GDPR tests for marketers. Originality/value This study originally contextualizes the most recent privacy scholarship on online manipulation within the EU legal framework, proposing an easy and accessible four-step test and twofold solution for marketers. Such a test might be beneficial both for marketers and for consumers’ expectations of privacy.


Significance The experience of surfing the net is vastly different for women, who have been disproportionately at the receiving end of cybercrimes that undermine their safety online. As elsewhere, the forms of online offence included bullying, stalking, impersonation and non-consensual pornography. Impacts Lack of online safety will limit the female customer base of digital platforms. Entrenched weaknesses of the judicial systems impede reporting and conviction of cybercrime. Civil society demands for a personal data protection law will rise.


2021 ◽  
Vol 20 ◽  
pp. e3220
Author(s):  
Cristiane Krüger ◽  
Adriana Cristina Castanho Baldassari ◽  
Luis Felipe Dias Lopes ◽  
Lizana Ilha da Silva

Technological advances make it possible to quickly access and share personal data and information, which demands greater security and requires conscious attitudes from the different professionals who deal with these issues. Accounting professionals stand out in this universe for being responsible for customer, supplier, and employee data. The information insecurity scenario led to the creation of the General Data Protection Law (GDPL), a specific legislation for personal data handling. Driven by this context, this research aimed to analyze the GDPL compliance determinants among accounting professionals. In order to achieve this purpose, we conducted a quantitative, descriptive, survey study. For data collection, we developed and applied an online questionnaire addressed to accounting professionals. The final surveyed sample totaled 194 respondents. We performed the data analysis through Structural Equation Modeling. The validated model showed the dimensions of personal behaviors and attitudes and governance mechanisms as determinants, explaining 26.3% of GDPL compliance. This research contributes to the understanding of behavioral aspects of accounting professionals in face of the new legislation. It is an unprecedented approach and fills a gap in the accounting area, presenting useful contributions for educational institutions, class associations, and companies in the area.


Author(s):  
Dian Firja Ameliani ◽  

The E-Commerce progress during the Covid-19 pandemic, has had an impact on the emergence of many startup companies such as Tokopedia, Gojek, Traveloka, and Bukalapak. There are legal problems caused by the emergence of these start-ups. One of the serious problems it causes is maintaining consumer privacy from start-up companies. A large number of applications are used, making it easier for companies to obtain their consumers' data. This raises the possibility of leakage of consumer personal data, the possibility that will arise needs to be considered regarding the guarantee of transaction security and privacy, namely the protection of consumer personal data which can cause problems in the future if data leaks occur. The discussion in this article is how the problems with consumer personal data in start-up companies are and how important the Law on personal data protection is as an effort to protect consumer personal data for start-up companies. However, Indonesia still does not have a law that specifically regulates the protection of personal data, where this law is urgently needed at this time as a legal umbrella for the people of Indonesia.


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