Data protection: legal considerations for research in Switzerland

The advent of Open Science poses a number of challenges for researchers with regard to research data management. Amongst the most salient is the necessary balance between data protection and openness. This guide aims to clarify the rights and obligations of researchers regarding the protection of personal data, following the main questions that should be asked before conducting a research project

ANALISIS PERTIMBANGAN HAKIM DALAM PEMUTUSAN HUBUNGAN KERJA TERHADAP TENAGA KERJA ASING DI INDONESIA (Studi Putusan Mahkamah Agung Nomor : 33 K/Pdt.Sus-PHI/2017)

The judge's consideration is one of the most important indicators in determining the realization of the value of a judge's decision which contains justice and legal certainty, besides that it also contains benefits for the parties concerned so that the judge's consideration must be addressed carefully, kindly and thoughtfully. When examining a case, a judge also requires evidence, where the results of the evidence are used as consideration in deciding the case. This research aims to: (1) find out the judge's considerations in decision number 33 K/Pdt.Sus-PHI/2017; and (2) know the legal protection for companies in terminating employment relations with foreign workers. The research method used in this research is normative juridical using data collection techniques through literature study. The research results show that: (1) in decision Number 33 K/Pdt.Sus-PHI/2017 the panel of judges was wrong in deciding the employment agreement case between Nigel Patrick Machin and MONTD'OR OIL TUNGKAL, LTD; and (2) legal protection for companies in terminating the employment of foreign workers in Indonesia. Regarding the problems contained in this thesis, errors in the judge's considerations were found and in the judge's erroneous considerations, company protection was formulated in disputes regarding the termination of employment of foreign workers as reviewed in Law Number 13 of 2003 concerning Employment

TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERHADAP ANAK DIBAWAH UMUR YANG MENJADI KORBAN TINDAK PIDANA ANAK

Basically, every adult and child is a legal subject who has rights and obligations for all Indonesian people and must be protected by applicable law or norms, as stated in Article 1 paragraph (3) of the Constitution of the Republic of Indonesia Year 1945 which states that; "The State of Indonesia is a state of law". How is the judge's consideration in decision number 23/Pid.Sus.Anak/2018/Pn.Yyk? To find out whether the judge's considerations in deciding cases are appropriate or not and to find out whether the application of law in child protection is appropriate or not in protecting children from victims and perpetrators. This thesis uses normative legal research. Normative legal research methods are often also called "theoretical legal research". In normative research secondary data as a source/information material can be primary legal material, secondary legal material and tertiary legal material. The judge's considerations in cases of crimes of violence against children are from juridical considerations and non-juridical considerations. In the juridical considerations the judge considered the indictment of the public prosecutor namely article 80 paragraph (1) of Law Number 35 of 2014 concerning amendments to Law Number 23 of 2003 concerning child protection, witness statements and evidence that has been submitted in court, while In non-juridical considerations the judge considers aggravating and mitigating circumstances for the offender's child. The application of the law to child perpetrators dealing with the law as perpetrators of crimes of violence against children has not been or is still not in accordance with the provisions of Article 80 paragraph (1) of law 35 of 2014 concerning amendments to law number 23 of 2003 concerning child protection

The Tipping Point – Reevaluating the ASNEF-EQUIFAX Separation of Competition of Data Privacy Law in the Wake of the 2017 Equifax Data Breach

Contrary to the Court of Justice for the European Union’s decision in the Asnef-Equifax case, in a world of big data, it is inefficient and ineffective to treat EU competition law and EU data protection law as entirely separate legal considerations. Reevaluating this stance is critical in sectors where customer data is highly sensitive, and therefore highly valuable to those who steal it, particularly for the financial and healthcare sectors. Looking forward, companies that store and use biometric data will have to be similarly scrutinized. To correct this problem, the EU has numerous paths it can take: (a) continue as is, treating competition and data protection as separate legal considerations, (b) enact a new body of regulatory law to specifically deal with data protection and competition, or (c) begin using existing competition law, specifically Article 101 of the TFEU, to address data protection concerns. This paper will argue that to best serve the interests of all relevant players – government, businesses, and consumers – option (c) is the optimal choice. Additionally, in implementing this change, the EU can use the FRAND patent and competition law precedence in devising a new data protection and competition framework

ITSBAT ON WIDOW'S MARRIAGE DURING IDDAH: OVERVIEW ON THEORY OF NORM HIERARCHY (Study of Stipulation Number 137/Pdt.P/2018/PA.Bm)

The presence of legal norm hierarchy theory can be used to describe legal events that cannot be resolved only by concrete legal norms. This paper will elaborate on this theory and its implementation to explain the legal considerations behind the acceptance of istbat of widow marriages during the iddah period as occurred in Stipulation Number 137/Pdt.P/2018/PA.Bm. By using qualitative methods and secondary data, this article concludes that the legal consideration of judges for accepting this case is the nescience, child protection, and absence of bad willing. The construction of legal considerations in this case represents the movement of selecting norms from al-ahkam al-far`iyyah to al-usul al-kulli and al-qiyam al-asasi

The relevance of the Goudge inquiry to the practice of child protection/forensic paediatrics

In 2008 Ontario, Canada the Goudge Inquiry arose following increasing concerns about practices surrounding forensic pathology and the investigation of paediatric deaths. Some of the considerations and recommendations have relevance to child protection/forensic paediatricians, particularly in relation to their responsibilities in opinion formulation and as expert witnesses. By examining the Inquiry recommendations, this paper applies them in relation to child protection/forensic paediatrics by discussing forensic medicine and its legal context, how interpretation of published reports and data should be used in opinion formulation; issues of 'diagnosis' versus 'opinion'; issues specific to child protection paediatrics; quality control; aspects of report writing and terminological considerations. It concludes with an adaptation of key recommendations directly from those of Goudge, applied to the context of paediatric forensic medicine undertaken in child protection assessments

JOAL Special issue on "Open Science and Data Protection" Part II Commentary: The protection of personal data for the purpose of scientific research and the Open Science framework: Ongoing challenges and future opportunities

The following contribution aims to provide concluding remarks on the special issue on "Open Science and Data Protection". Following some general in- troductory considerations, the paper will first focus on scientific research and the GDPR: within that framework, it will address (i) the legal basis for the processing of personal data for scientific research purposes and in particular (ii) consent as a legal basis in research. The contribution continues by addressing the use of Open Data for the public benefit and secondary use of health data more generally. It concludes by looking at the future, in particular at European initiatives, such as the forthcoming European Health Data Space (EHDS) and its objective to enhance data sharing, ensure compliance with the data protection regulatory framework and safeguard the freedoms and rights of individuals

Transparent government, not transparent citizens: a report on privacy and transparency for the Cabinet Office

1. Privacy is extremely important to transparency. The political legitimacy of a transparency programme will depend crucially on its ability to retain public confidence. Privacy protection should therefore be embedded in any transparency programme, rather than bolted on as an afterthought. 2. Privacy and transparency are compatible, as long as the former is carefully protected and considered at every stage. 3. Under the current transparency regime, in which public data is specifically understood not to include personal data, most data releases will not raise privacy concerns. However, some will, especially as we move toward a more demand-driven scheme. 4. Discussion about deanonymisation has been driven largely by legal considerations, with a consequent neglect of the input of the technical community. 5. There are no complete legal or technical fixes to the deanonymisation problem. We should continue to anonymise sensitive data, being initially cautious about releasing such data under the Open Government Licence while we continue to take steps to manage and research the risks of deanonymisation. Further investigation to determine the level of risk would be very welcome. 6. There should be a focus on procedures to output an auditable debate trail. Transparency about transparency – metatransparency – is essential for preserving trust and confidence. Fourteen recommendations are made to address these conclusions

Legal Protection on Intellectual Property Rights in the Development of Creative Economy in Mamuju Regency

Protection of legal intellectual property rights is the main pillar for businesses, especially those engaged in the creative economy business. The role of law can provide guarantees and legal certainty in creating a good economic climate and increasing people\u27s income derived from the results of the work of creativity, ideas and creativity. The creative economy becomes a strategic issue as a government effort in developing the regional economy, creating a climate of creation and innovation and leading to improving people\u27s welfare. The development of creative economic ventures in Mamuju Regency, West Sulawesi Province must be supported by a set of regional regulations, specifically those that regulate the protection of intellectual property rights of creative economy entrepreneurs. So that business people get protection, justice, benefit and legal certainty related to the work of copyright and innovation products owned. This study aims to examine the regional regulations of Mamuju Regency about the economy, especially the protection of intellectual property rights for creative economic business actors and identify the potential of the creative economy. Data is collected through literature studies to trace data through regional regulation documents. The processed data from descriptive analysis is used as a basis for consideration and review of economic law. The results of this study are in the form of sources of economic law material and manuscripts of academic considerations, where the local government and the public can find out the legal position in the protection of intellectual property rights of creative economy entrepreneurs in Mamuju Regency

A legal framework for an elderly healthcare platform: A privacy and data protection overview

[EN] Cognitive problems are increasingly affecting the population, with the elderly being the ones most affected. This problem requires a new approach in terms of medical and social actions, personalisation, and services. The Ambient Assisted Living area provides solutions to allow elderly people to stay in their homes safely and with the appropriate care. The number of Ambient Assisted Living projects is increasing rapidly, leading to large commercial deployment, and most of these projects disregard the privacy and data protection of the users and the information that they process and save. The iGenda project is a Cognitive Assistant inserted in the Ambient Assisted Living area that provides help to users in their daily lives. However, since it requires the transfer of a large amount of private and personal data between the modules of the platform, fundamental rights may be at stake. This paper presents the iGenda platform, the principle rights of data protection and transmission, legal guarantees and latent ethical concerns. Furthermore, the dichotomy between current developments and legal and ethical aspects are explained. To overcome this problem, legal considerations and ethical considerations are presented, embracing appropriate solutions to features that present any threat. (C) 2017 Angelo Costa, Aliaksandra Yelshyna, Teresa C. Moreira, Francisco C.P. Andrade, Vicente Julian, Paulo Novais. Published by Elsevier Ltd. All rights reserved.This work has been supported by FCT - Fundacao para a Ciencia e Tecnologia within the Project Scope UID/CEC/00319/2013. A. Costa thanks the Fundacao para a Ciencia e a Tecnologia (FCT) Post-Doc scholarship with the Ref. SFRH/BPD/102696/2014. This work is also partially supported by the MINECO/FEDER TIN2012-36586-C03-01.Costa, A.; Yelshyna, A.; Moreira, TC.; Andrade, FC.; Julian Inglada, VJ.; Novais, P. (2017). A legal framework for an elderly healthcare platform: A privacy and data protection overview. Computer Law & Security Review. 33(5):647-658. https://doi.org/10.1016/j.clsr.2017.03.02164765833