205,937 research outputs found

    Principle 7: privacy

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    Privacy-respecting policy and innovation starts with strong data protection and privacy legislation, as well as with business models that align with lawfulness, fairness, transparency, data minimisation, purpose and storage limitations. Privacy-by-design manifests through policies and design features that give users meaningful control over the visibility, access and use of personally identifiable data. Privacy also requires legislation and security measures to prevent unauthorised access to data.1 The principle of privacy-by-design draws on children’s right to the protection of privacy and image, requiring responsible handling of personal data, including: • Deployment of appropriate security measures to guard against unauthorised access to personal data. • Compliance with data protection principles of lawfulness, fairness, transparency, data minimisation, accuracy, purpose and storage limitation. • Respect for children’s agency, dignity and safety in the sharing and use of children’s data. Threats to children’s right to privacy and data protection in the digital environment manifest in three domains: interpersonal, institutional (e.g., education, health) and commercial (Stoilova et al., 2021). In each domain, specific considerations apply to ensure children’s privacy is protected along with their other rights

    The 'credit scoring pandemic' and the European vaccine: Making sense of EU data protection legislation

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    Copyright @ 2010 The Author. This article is available open access through the publisher’s website at the link below.This article explores credit scoring systems as a tool used by the credit industry to evaluate consumers’ credit applications and creditworthiness within the context of the EU. After an analysis of the technologies and techniques behind the scoring of individuals, it investigates the most relevant issues behind the reporting of consumer financial information, i.e. the prejudicial side of sharing people's reputation exacerbated by ever-advancing information technologies and the disrespect of the privacy of consumers. This is put in context with an analysis of the values that the right of informational privacy protects and the dangers that data protection legislation aims to prevent. Ultimately, this article aims at showing that a correct application of the existing EU data protection legislation should prevent, or at least repair, the flaws of the uses of credit scoring and concerns over the respect of established privacy rights

    Access to the medical records of a child : legislative review required

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    The interplay between the constitutional right to privacy and the right to access to information constitute the parameters within which the issue of access to a child’s medical records is explored. The Children’s Act and the National Health Act provide for confidentiality pertaining to medical records and encourage participation in decisions affecting an individual’s health. The question arises whether existing legislation has been amended to support this right to confidentiality. An inquiry is done to establish if this right to confidentiality entails that the child is vested with the right to refuse access to his/ her medical records? Current legislative provisions regulating this issue do not provide a clear answer. Recommendations are made for legislative amendments to bring clarity on this issue and to ensure that the child’s right to privacy in the health-care context is optimally protected.Criminal and Procedural La

    Toward a Legislative Solution to the Growing HIV/AIDS Epidemic in Russia: A Case for Expanded Health Privacy

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    The Russian Federation faces one of the fastest growing rates of Human Immunodeficiency Virus (“HIV”) infection in the world. In 1995, Russia adopted comprehensive legislation addressing HIV and the disease caused by this virus, Acquired Immune Deficiency Syndrome (“AIDS”). The legislation prohibited discrimination based on HIV infection and provided access to medical care for people living with HIV/AIDS. Having recognized that Injecting Drug Users involved in sex work will likely act as a bridge to the general population, the Russian government has recently taken greater steps to curb transmission. Russia has moved to decriminalize the distribution of hypodermic needles for prevention of infectious diseases and has committed to increasing HIV/AIDS funding. Given the Russian government’s recent dedication of additional funding to combat HIV/AIDS, this Comment seeks to identify potential barriers to HIV/AIDS prevention in existing Russian law. In both testing and treatment, inadequate protection of private health information may discourage individuals from learning their HIV status and seeking treatment. As such, an effective legislative solution to Russia’s growing epidemic must include greater protections for health privacy. Comprehensive health privacy legislation in the United States may provide a framework for enhancing existing health privacy protections for individuals living with HIV/AIDS in Russia. Despite differences between the legal systems of Russia and the United States, Russian law, like American law addressing health privacy, should clarify the statutory right to health privacy, the remedies tied to the violation of that right, and the path to legal redress for the right’s infringemen

    Protecting Patient Privacy: Strategies for Regulating Electronic Health Records Exchange

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    The report offers policymakers 10 recommendations to protect patient privacy as New York state develops a centralized system for sharing electronic medical records. Those recommendations include:Require that the electronic systems employed by HIEs have the capability to sort and segregate medical information in order to comply with guaranteed privacy protections of New York and federal law. Presently, they do not.Offer patients the right to opt-out of the system altogether. Currently, people's records can be uploaded to the system without their consent.Require that patient consent forms offer clear information-sharing options. The forms should give patients three options: to opt-in and allow providers access to their electronic medical records, to opt-out except in the event of a medical emergency, or to opt-out altogether.Prohibit and sanction the misuse of medical information. New York must protect patients from potential bad actors--that small minority of providers who may abuse information out of fear, prejudice or malice.Prohibit the health information-sharing networks from selling data. The State Legislature should pass legislation prohibiting the networks from selling patients' private health information

    Privacy Law Disparities between the United States and the European Union

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    Data is the world’s most valuable resource today. In the 21st century, big data has overtaken the world’s commonly known large industries to become one of the most sought after markets, and companies pay to own this data (The Economist, 2017). Advertisements may have been targeted towards demographics such as race or sex in past years. However, in the digital age, the capability exists to push advertisements to the screens of specific users with known interests. This has been made possible, in part, by unregulated data collection practices across the globe, including in the United States and the European Union. Data collection practices, from the conception of the Internet until the present day, have been disregarding the consent of the user the data represents. This unregulated data collection practice was halted recently in the European Union with the passing of the General Data and Privacy Regulation. However, the practice remains of concern in the United States. This research aims to conduct a classic comparative analysis of the omnibus privacy laws of the United States and the European Union. The existing laws will be compared across the following variables: the right to be informed, right of access, right to rectification, right to erasure, right to restrict processing, right to data portability, and the right to object. Recommendations for improving the United States privacy legislation will be highlighted based on this comparative analysis

    The internet and consumer privacy - shopping basket or too hard basket

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    The Internet has rapidly become the world’s most prevalent form of communication. It can be accessed twenty-four hours a day from virtually any location in the world from a myriad of technologically savvy devices. Internet users can keep up to date with world events, watch movies, listen to music, interact with government agencies, analyse business trends, undertake research and maintain contact with people anywhere. The Internet also provides the ability for users to shop ‘online’ with virtually any product or service supplier anywhere in the world. This has created concerns regarding the use of personal information obtained through the medium of the Internet. An individual’s right to privacy is a right enshrined in legislation and through tort law. With the uptake of technology and the burgeoning use of the Internet the subject of online privacy has become a complex issue for law and policy makers both in New Zealand and internationally. The aim of this paper is to look at the online shopper or consumer and how their information could be protected. This paper looks at the key areas of privacy legislation, the storage of data and the rise of new technologies including ‘cloud’ computing and suggests that the complexity of online privacy is such that a different approach to access and use of personal information of online shoppers may be required. The rate of technology change, the enormity of the data capture situation and the international accessibility of the Internet are all factors that create an almost impossible situation for ensuring consumer privacy so this paper proposes that the onus moves away from the law and policy makers and put into the hands of the users of the Internet

    Internationalizing the right to know: conceptualizations of access to information in human rights law

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    Currently there exists a global movement promoting institutional transparency and freedom of information legislation. Conceptualizing access to government-held information as a human right is one of the latest developments in this global trend promoting access to information. The purpose of this dissertation is to identify and analyze the various conceptualizations being used to promote access to government information as a human right. This dissertation also assesses the strength and weaknesses of each conceptualization and assesses which conceptualization holds the greatest promise for ensuring the broadest right of access to information. Conceptualizations were identified by examining international human rights law (particularly human rights treaties), normative arguments of international inter-governmental organizations (particularly the United Nations), and nongovernmental organizations. Four conceptualizations were identified: the freedom-of-expression conceptualization, which bases a right to information on the right to freedom of expression; the information-privacy conceptualization, which bases a right to information on the right to privacy; the right-to-a-healthy environment conceptualization, which links information rights to a right to a healthy environment; and the right-to-truth conceptualization, which bases a right to information on individual and societal rights to know about serious human rights abuses

    Balancing Privacy Interests and Investigatory Interests Legislative Analysis: House Bill 147, Daniel Zolnikov, R (HD 45)

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    In Montana, investigation of information held on personal electronic devices is conducted through the use of “investigative subpoenas.” Montana\u27s Constitution affords citizens broader protection of their right to privacy than does the federal Constitution. In general, infringement on privacy requires a “compelling state interest.” House Bill 147 (H.R. 147) of the 65th Montana Legislative Session seeks to heighten the privacy rights of Montanans regarding electronic devices. The bill is carried by third-termer Daniel Zolnikov (R) of House District 45 in Billings, whose sponsorships generally tend to promote privacy legislation and policy. H.R. 147 would require search warrants for government entities to access data on electronic devices, rather than investigative subpoenas, on which the State currently relies. The bill allows for the same judicially-recognized exceptions to warrant requirements, and specifies exceptions for informed, affirmative consent, voluntarily disclosed data, life-threatening situations, or emergencies. At first blush, it is difficult to distinguish search warrants from investigative subpoenas, and what they mean for Montanans who increasingly depend on various electronic devices for safekeeping personal information
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