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Article
Publication date: 5 April 2024

Jawahitha Sarabdeen and Mohamed Mazahir Mohamed Ishak

General Data Protection Regulation (GDPR) of the European Union (EU) was passed to protect data privacy. Though the GDPR intended to address issues related to data privacy in the…

Abstract

Purpose

General Data Protection Regulation (GDPR) of the European Union (EU) was passed to protect data privacy. Though the GDPR intended to address issues related to data privacy in the EU, it created an extra-territorial effect through Articles 3, 45 and 46. Extra-territorial effect refers to the application or the effect of local laws and regulations in another country. Lawmakers around the globe passed or intensified their efforts to pass laws to have personal data privacy covered so that they meet the adequacy requirement under Articles 45–46 of GDPR while providing comprehensive legislation locally. This study aims to analyze the Malaysian and Saudi Arabian legislation on health data privacy and their adequacy in meeting GDPR data privacy protection requirements.

Design/methodology/approach

The research used a systematic literature review, legal content analysis and comparative analysis to critically analyze the health data protection in Malaysia and Saudi Arabia in comparison with GDPR and to see the adequacy of health data protection that could meet the requirement of EU data transfer requirement.

Findings

The finding suggested that the private sector is better regulated in Malaysia than the public sector. Saudi Arabia has some general laws to cover health data privacy in both public and private sector organizations until the newly passed data protection law is implemented in 2024. The finding also suggested that the Personal Data Protection Act 2010 of Malaysia and the Personal Data Protection Law 2022 of Saudi Arabia could be considered “adequate” under GDPR.

Originality/value

The research would be able to identify the key principles that could identify the adequacy of the laws about health data in Malaysia and Saudi Arabia as there is a dearth of literature in this area. This will help to propose suggestions to improve the laws concerning health data protection so that various stakeholders can benefit from it.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 29 February 2024

Samiksha Mathur and Sonu Agarwal

This paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal…

Abstract

Purpose

This paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal obligations akin to states to the extent which could be fulfilled by them. This paper suggests making IOs parties to international treaties like the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic Social and Cultural Rights (ICESCR) and Geneva Convention 1949 to codify their international responsibilities. In addition, it proposes amending multilateral treaties to grant IOs membership and create binding legal obligations for them, thereby enhancing the overall legal framework for IOs.

Design/methodology/approach

The paper opted for qualitative analytical approach of research by referring to international treaties and scholarly papers.

Findings

The authors have evaluated the bindingness of international law on IOs. The authors argue that jus cogens and customary international law are equally binding on IOs. However, treaties could only be binding on IOs to the extent of their consent. The authors have assessed prior violations of IOs. The authors argue that, to prevent such violations by IOs, creating obligations is the first step. Second, amendments are required in the existing international treaties that reflect the foundations of international humanitarian and international human rights law like the Geneva Convention 1949, ICCPR, and ICESCR, to permit IOs to join these treaties, resulting in binding international legal obligations.

Research limitations/implications

The most prominent assertion of this paper is that IOs as subjects of international law are bound by the principles of international law, including treaty law with consent, customary international laws, general principles of law and peremptory norms. To fulfil these obligations, a regime needs to be introduced wherein amendment is made in treaties to make IOs parties to them and structuring the law on responsibility for IOs. Considering the multifaceted nature of IO, the role it performs in contemporary times requires them to be bound by rules of international law just like states. There is a need to settle their position in global governance and give them more teeth to understand and fulfil their duties to ensure smooth functioning in the long run.

Originality/value

The paper fulfils an identified gap in the positioning of IOs under the international law.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 14 June 2023

Fatema Kawaf, Annaleis Montgomery and Marius Thuemmler

The paper addresses the privacy–personalisation paradox in the post-GDPR-2018 era. As the regulation came in a bid to regulate the collection and use of personal data, its…

Abstract

Purpose

The paper addresses the privacy–personalisation paradox in the post-GDPR-2018 era. As the regulation came in a bid to regulate the collection and use of personal data, its implications remain underexplored. The research question is: How do consumers perceive the matter of personal data collection for the use of highly targeted and personalised ads post-GDPR-2018? The invasion of privacy vs the benefits of highly personalised digital marketing.

Design/methodology/approach

To address the research question, this qualitative study conducts semi-structured interviews with 14 individuals, consisting of average users and digital experts.

Findings

This paper reports on increasing consumer vulnerability post-GDPR-2018 due to increased awareness of personal data collection yet incessant lack of control, particularly regarding the repercussions of the digital footprint. The privacy paradox remains an issue except among experts, and personalisation remains necessary, yet critical challenges arise (e.g. filter bubbles and intrusion).

Practical implications

Policy implications include education, regulating consent platforms and encouraging consensual sharing of personal data.

Originality/value

While the privacy–personalisation paradox has been widely studied, the impact of GDPR-2018 has rarely been addressed in the literature. GDPR-2018 has seemingly had little impact on instilling a sense of security for consumers; if anything, this paper highlights greater concerns for privacy as users sign away their rights on consent forms to access websites, thus contributing novel insights to this area of research.

Details

Information Technology & People, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0959-3845

Keywords

Article
Publication date: 14 October 2022

Vahide Korkmaz and Nilüfer Demirsoy

The purpose of this study is to assess the attitudes of individuals living in Belgium and in Emirdag in regard to patient rights and the effect of cultural differences in…

Abstract

Purpose

The purpose of this study is to assess the attitudes of individuals living in Belgium and in Emirdag in regard to patient rights and the effect of cultural differences in developing the attitude. This study measures the attitudes of two groups of people living in different geographies, “individuals living in Emirdag and Individuals emigrated from Emirdag to Belgium,” and yet having the same ethnic origin, common social and cultural capital.

Design methodology/approach

Implementing quantitative research, the data for the current study was obtained from a total of 1,043 participants, who were administered the Likert type “Patient Rights Attitude Scale” along with demographic questionnaire.

Findings

The total score mean of the scale is 126.09 ± 15.21 in the Emirdag group, whereas in the Belgian group, it is 129.78 ± 13.356. While the attitude with the highest mean score about patient rights in both groups observed under “the right to seek medical attention” and “the right to consent in medical and drug researches” items and thusthese items are considered as a common denominator, the two groups differed in the scale items that received the lowest average.

Social implications

It is important to determine the effects of attitudes toward patient rights and cultural differences on the development of attitudes, to determine the problems in the delivery of health services and health service procurement.

Originality/value

The structures that direct the choices and decisions of individuals in critical subjects such as organ transplantation and euthanasia, and thus having different practices in the doctrine, can be affected by individuals and even society’s rules, beliefs and values. It was concluded that immigrant participants’ dominating culture and related beliefs, rules and values play a role in the making of decision and choice.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 25 October 2022

Pujiyono Suwadi, Priscilla Wresty Ayuningtyas, Shintya Yulfa Septiningrum and Reda Manthovani

This study aims to analyze the way Indonesian and the US laws regulate the reality and implications of legal issues regarding telemedicine, including the protection of citizens in…

Abstract

Purpose

This study aims to analyze the way Indonesian and the US laws regulate the reality and implications of legal issues regarding telemedicine, including the protection of citizens in using telemedicine.

Design/methodology/approach

This normative legal study used secondary data comprising primary and secondary legal materials based on the law as a norm. The normative legal method was used because the data were based on laws and regulations, reports, journals and research governing telemedicine in Indonesia and the USA.

Findings

The results showed similarities between Indonesia and the USA regarding health services as part of protecting human rights. The differences in implementing telemedicine are from a legal aspect. The legal comparison of telemedicine implementation between the two countries resulted in differences in regulation, informed consent, medical records, practice licenses and medical prescriptions.

Research limitations/implications

This study discussed telemedicine’s legal aspects in Indonesia and the USA.

Practical implications

This study aimed to determine the implementation and guidelines used by the USA to be considered for adoption by Indonesia for legal certainty.

Social implications

The results showed that legal threats could be a weakness of law in Indonesia. Therefore, the government should develop guidelines about telemedicine to accommodate citizens’ legal protection and certainty.

Originality/value

This study is original and could be used as a reference for policymakers in Indonesia and the USA in protecting citizens using telemedicine services. The findings provide a perspective based on Health Law in Indonesia.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 1 April 2024

Sarah Mahon, Laura O'Neill and Rachel Boland

In 2014, the Health Service Executive (HSE) in Ireland published its Safeguarding National Policy and Procedures (HSE, 2014). Under this policy, all agencies providing services…

Abstract

Purpose

In 2014, the Health Service Executive (HSE) in Ireland published its Safeguarding National Policy and Procedures (HSE, 2014). Under this policy, all agencies providing services through the social care directorate must ensure a robust culture of safeguarding is in place. Concurrent to this has been a move in social policy, practice and research to include the voice of the service user, both in terms of planning and reviewing services. (e.g. HIQA, 2012; Flanagan, 2020) This article examines whether service users with intellectual disabilities want to be involved in safeguarding plans and, if so, how that can be supported. Using focus groups service users demonstrated their knowledge of safeguarding as a concept, how they felt about the issues raised, and, crucially what they felt they would like to see happen next in addressing a safeguarding incident or concern. The focus groups took place in a large organisation providing residential services, day services, independent living supports and clinical supports. Engaging service users in planning and responding to safeguarding concerns is a fundamental principle of human rights legislation, both nationally and internationally. This study aims to highlight that it is both possible and desirable to engage fully with service users using a range of simple communication tools. For this to be implemented as routine practice in services providing support for people with intellectual disabilities, authentic leadership is required. Services will need to devote time, human resources and will need champions to get on board with the necessary culture shift.

Design/methodology/approach

Qualitative research examined peoples’ “lived experiences” and knowledge of safeguarding. Focus groups were used with thematic analysis highlighting common themes throughout, as guided by Braun and Clarke (2006). There were two objectives: Objective 1: measuring participant’s understanding of the safeguarding process. Objective 2: compare the potential differences between safeguarding plans devised by the participants in the focus groups, versus plans devised by trained designated officers responsible for safeguarding within the service.

Findings

Four principal themes emerged – 1. participants understanding of safeguarding; 2. restorative justice; 3. consent; and 4. high levels of emotional intelligence and compassion. Participants demonstrated that they could and did want to be involved in safeguarding planning and showed little variation in the plans compared to those completed by trained staff.

Research limitations/implications

The study was completed with a small sample size in a single service in one area. It may not represent the lived experiences and knowledge of safeguarding in other services and indeed other countries. The video may have led to some priming; for instance, the Gardai in the footage being called may have resulted in the participants stating that contacting Gardai should be part of the plan. After the video was shown, there was a heightened awareness of safeguarding. This may indicate that participants are aware of safeguarding but unsure of the terminology or how to discuss it out of context.

Practical implications

For this to be implemented as routine practice in services providing support for people with intellectual disabilities, authentic leadership is required. Services will need to devote time and human resources and will need champions in the safeguarding arena to get on board with the shift in culture required.

Social implications

While there did not appear to be many barriers to listening to participants, to progress this as a standard practice a very real shift in culture will be needed. It is important for practitioners to ask: Is the vulnerable person aware that this concern has been raised? What is known of the vulnerable person’s wishes in relation to the concern? To truly engage with service users in safeguarding plans these questions need to be more than a “tick box” exercise. This process needs to be fully embedded into a culture that promotes a person-centred, rights-based, inclusive approach as a standard rather than a one-off project. Some structural changes will be needed regarding the time given to designated officers, and what resources they can access (such as speech and language therapy). However, the real difference will be made by services operating authentic leadership that champions engagement on this scale, to fully answer the question posed by the researchers at the beginning of this report, “Whose safeguarding is it anyway?”

Originality/value

There appears to be little evidence of service user engagement in terms of planning and processing safeguarding responses, either in research or anecdotally.

Details

The Journal of Adult Protection, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1466-8203

Keywords

Article
Publication date: 26 December 2023

Annette Markham and Riccardo Pronzato

This paper aims to explore how critical digital and data literacies are facilitated by testing different methods in the classroom, with the ambition to find a pedagogical…

Abstract

Purpose

This paper aims to explore how critical digital and data literacies are facilitated by testing different methods in the classroom, with the ambition to find a pedagogical framework for prompting sustained critical literacies.

Design/methodology/approach

This contribution draws on a 10-year set of critical pedagogy experiments conducted in Denmark, USA and Italy, and engaging more than 1,500 young adults. Multi-method pedagogical design trains students to conduct self-oriented guided autoethnography, situational analysis, allegorical mapping, and critical infrastructure analysis.

Findings

The techniques of guided autoethnography for facilitating sustained data literacy rely on inviting multiple iterations of self-analysis through sequential prompts, whereby students move through stages of observation, critical thinking, critical theory-informed critique around the lived experience of hegemonic data and artificial intelligence (AI) infrastructures.

Research limitations/implications

Critical digital/data literacy researchers should continue to test models for building sustained critique that not only facilitate changes in behavior over time but also facilitate citizen social science, whereby participants use these autoethnographic techniques with friends and families to build locally relevant critique of the hegemonic power of data/AI infrastructures.

Originality/value

The proposed literacy model adopts a critical theory stance and shows the value of using multiple modes of intervention at micro and macro levels to prompt self-analysis and meta-level reflexivity for learners. This framework places critical theory at the center of the pedagogy to spark more radical stances, which is contended to be an essential step in moving students from attitudinal change to behavioral change.

Details

Information and Learning Sciences, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2398-5348

Keywords

Article
Publication date: 24 November 2023

Sharyn Rundle-Thiele, Taylor Jade Willmott, Nadine McKillop, Pamela Saleme Ruiz and Anna Kitunen

Recognising current, significant rates of youth sexual violence and abuse (YSVA) and the need for more comprehensive prevention approaches to combat this social issue, new…

Abstract

Purpose

Recognising current, significant rates of youth sexual violence and abuse (YSVA) and the need for more comprehensive prevention approaches to combat this social issue, new approaches are required to ensure that agency is given to the people who are most affected and who know their lives the best. This paper aims to report a youth-led (Young Voices United [YVU] Committee) participatory design approach aimed at delivering the highest level of engagement to understand what people agree is needed to reduce YSVA in their own communities.

Design/methodology/approach

The seven-step co-design (Trischler et al., 2019) process was implemented following ethical clearance. Over five months, 13 group co-design sessions involving 102 young people aged 12–25 years, 17 parents/caregivers (including young mums) and 9 teacher/guidance officers were conducted. Purposive sampling was undertaken to ensure that young people who had previously experienced YSVA or were most at risk of experiencing YSVA were overrepresented. Convenience sampling was used to gain wider community involvement in co-design. Four sessions were facilitated by YVU members, who were aged between 12 and 25 years, and more than 66 people helped the design team. Inductive thematic analysis identified emergent themes across completed co-design sessions.

Findings

New ideas and solutions to prevent YSVA can be identified by young people who have previously experienced violence, carers, other young people and community members. A core finding in this study is the need for positive relationship role models and an enhanced understanding of consent. Education and training, a community promotional campaign, sector involvement, capacity-building and consideration of the unique needs of different target audiences were key ideas emerging from youth-led co-design. The YVU Committee provided recommendations for resource prioritisation.

Social implications

This youth-led co-design process empowered the community. Project stakeholders have since formed partnerships won funding and used that funding to co-design and trial a new programme aiming to provide a safe haven for young people at risk of YSVA. The pilot programme delivers a safe and supportive environment for young people delivered at a time when it is needed most. Other geographical areas are now seeking to replicate the programme. The co-design processes and tools detailed in this study can be adapted to the design of programmes for those already engaged with the youth justice system and should be considered as part of a public health approach to effectively prevent and respond to YSVA and other youth crimes.

Originality/value

This paper advances understanding, providing a practical approach that ensures youth views are given weight [audience and influence described in Lundy’s (2007) participatory framework]. This paper explains how the YVU Committee, established at the commencement of the project, oversaw the community co-design effort, which followed Trischler et al.’s (2019) seven-step co-design process. Ideas were generated, and consensus views were consolidated, delivering the highest level of engagement according to Willmott et al.’s (2022) methodology, agent of change, training and engagement taxonomy. The participatory design method led to high levels of community engagement, and the success of the project is attributed to the establishment of the YVU Committee and stakeholder support.

Details

Safer Communities, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1757-8043

Keywords

Article
Publication date: 12 April 2024

Judith Christiane Ostermann and Steven James Watson

The purpose of this study was to investigate whether indicating victims of sexual attacks actively resisted their attacker or froze during their assault affected perceptions of…

Abstract

Purpose

The purpose of this study was to investigate whether indicating victims of sexual attacks actively resisted their attacker or froze during their assault affected perceptions of victim blame, perpetrator blame and seriousness of the crime. We also tested whether victim and perpetrator gender or participants’ rape myth endorsement moderated the outcomes.

Design/methodology/approach

This study was a cross-sectional, vignette survey study with a 2 × 2 between-participants experimental design. Participants read a mock police report describing an alleged rape with a female or male victim who either resisted or froze, while perpetrator gender was adjusted heteronormatively.

Findings

Freezing and male victims were blamed more than resisting and female victims. Perpetrators were blamed more when the victim resisted, but male and female perpetrators were blamed equally. Seriousness of the crime was higher for male perpetrators and when the victim resisted. Female, but not male, rape myth acceptance moderated the relationship between victim behaviour and outcome variables.

Originality/value

This study highlights the influence of expectations about victim behaviour on perceptions of rape victims and the pervasive influence of rape myths when evaluating female rape victims. The data is drawn from the German border region of the Netherlands, which is an especially valuable population given the evolving legal definitions of rape in both countries.

Details

Journal of Criminal Psychology, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2009-3829

Keywords

Article
Publication date: 18 January 2024

Cynthia Ai Ming Lim and G. Kaveri

The purpose of this research was to reflect on the enablers, challenges and ethical considerations in conducting qualitative research with young children using online methods. The…

Abstract

Purpose

The purpose of this research was to reflect on the enablers, challenges and ethical considerations in conducting qualitative research with young children using online methods. The aim was to suggest recommended practices to be put in place for researchers conducting online focus groups and interviews with young children.

Design/methodology/approach

This research article explores the use of Zoom video conferencing as a tool to collect qualitative data with young children in Singapore, as an alternative to face-to-face interviews. Taking a child-centred participatory approach, children shared their perspectives of their experiences of child agency in school and at home through their drawings, pictures and dialogue in online group interviews. Schon's model of reflective practice was used to guide the researchers' process of reflections during the research project.

Findings

Screen sharing and real-time nature of interactions of Zoom video conferencing enabled building of rapport and children's narratives to be developed while group size and the effect of parental influence provided challenges and ethical issues that needed to be addressed in the research process. Researcher withitness emerged as an essential quality in successful engagement of children in an online focus group discussion.

Research limitations/implications

Online video conferencing platforms like Zoom provide a powerful alternative tool for participatory research with children. It challenges researchers to share control of the interactions and data collection process with children. However, parental interference and effect on data may present itself as a research limitation if not navigated well.

Practical implications

Group size of the focus group has an impact on children's engagement levels and wait time for their turn to speak during group interviews. While parents' presence during the online interview ensured child safety and a comforting presence for the child, parents should also understand their role in the study to avoid interfering with the data collection process.

Social implications

The Zoom platform resembled onsite interviews' spontaneity of exchanges which allowed the researchers to build rapport with children through small-talk and icebreaker activities. Establishing personal connections and building of trust were essential elements in ensuring children were comfortable participating in the interviews. Observing real-time behaviour and body language of children also allowed for indication of withdrawal of consent and participation by the children.

Originality/value

This research adds new insights to the emerging discussions on collecting data from children via online video platforms with suggestions of new strategies and recommendations to overcome challenges, as well as future implications and potential of using Zoom as an alternative tool for participatory research with children. This research conducted in Singapore provides an Asian context and is different from current literature on this topic, largely focused on western countries' reports.

Details

Qualitative Research Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1443-9883

Keywords

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