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Open Access
Book part
Publication date: 4 October 2023

Athanasios Ntinapogias and George Nikolaidis

Involvement of children in research on different aspects of children's rights, including research on violence against children, is continuously increasing, as is the interest in…

Abstract

Involvement of children in research on different aspects of children's rights, including research on violence against children, is continuously increasing, as is the interest in participatory approaches (European Agency for Fundamental Rights [FRA], 2014; Larsson et al., 2018; UN Committee on the Rights of the Child, 2011). Svevo-Cianci et al. (2011) noted that ‘as researchers commit to learning from community members, including children and adolescents themselves, it has become more clear that an understanding of the lived reality and definition of violence for children in their individual communities, is essential to envision and implement effective child protection’ (p. 985).

In this chapter, the legislative context regarding children's rights to be heard and participate is initially discussed; currently applied age requirements for children to acquire rights across the countries of the European Union (EU) are briefly presented; and children's potential roles and relevant provisions for their participation in social research are explored. The last part is dedicated to the presentation and discussion of the General Data Protection Regulation (GDPR; Regulation [EU] 2016/679, 2016) – specifically, children's personal data–related recitals and articles; the importance of the definition of a legal basis for personal data processing according to the GDPR, including consent; and the necessary information to be provided to children before their data are processed.

Details

Participatory Research on Child Maltreatment with Children and Adult Survivors
Type: Book
ISBN: 978-1-80455-529-3

Keywords

Article
Publication date: 15 July 2024

Paarth Naithani

Data protection is a significant area of law in a country like India, which is digitalising at a fast rate. Recently, India passed comprehensive data protection legislation after…

Abstract

Purpose

Data protection is a significant area of law in a country like India, which is digitalising at a fast rate. Recently, India passed comprehensive data protection legislation after discussing several draft data protection frameworks. This paper aims to analyse the provisions of India’s first comprehensive data protection legislation, the Digital Personal Data Protection Act (DPDPA), 2023.

Design/methodology/approach

The paper aims to analyse how the DPDPA’s provisions should be interpreted. The methodology involves studying the act’s provisions, identifying shortcomings and suggesting ways of addressing the shortcomings through legal interpretation. The paper interprets DPDPA provisions through a comparative analysis with the proposed American Privacy Rights Act 2024 and EU General Data Protection Regulation. The methodology can be broadly classified as doctrinal and comparative legal research.

Findings

The paper makes several recommendations for interpreting the provisions of the DPDPA, which are discussed throughout the paper and summarised in the way forward section.

Research limitations/implications

The analysis of this paper is limited to present-day data protection concerns. In the future, research can assess how the DPDPA can be interpreted to solve the challenges presented by societal and technological progress.

Originality/value

The originality and contribution of the paper are analysis and interpretation of the provisions of the DPDPA that will provide data principals with strong control over personal data and ensure stringent data protection obligations on data fiduciaries.

Details

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

Keywords

Book part
Publication date: 24 November 2023

Aideen Sheehan and Roger O'Sullivan

Research with vulnerable groups is crucial to get their input into public policy design that will directly impact on them. However, there are many methodological and ethical…

Abstract

Research with vulnerable groups is crucial to get their input into public policy design that will directly impact on them. However, there are many methodological and ethical challenges involved in encouraging participation from groups with a wide range of intellectual, cognitive and physical capacities while ensuring that the rights and well-being of participants are protected. Rather than exploring ethical theories, this chapter is a case study describing the practical ethical considerations that were involved in designing and holding a series of focus groups with adult health and social care service users from vulnerable cohorts. It is based on a series of focus groups which the Institute of Public Health (IPH) held with specified cohorts as part of a policy development process on adult safeguarding for the Department of Health (DOH) in Ireland. The four cohorts were people with intellectual disability, cognitive impairments, significant mental health challenges and nursing home residents. This chapter does not describe the findings of the focus groups but outlines the ethical and methodological considerations that arose in designing and conducting this research, and the practical ethical safeguards employed to mitigate risk and comply with Irish and EU General Data Protection Regulation (GDPR) legislation governing health research. It outlines the ethical issues around protecting confidentiality and using incentives to encourage participation, how individuals' capacity to give informed consent was maximized, the risk-assessment and mitigation procedures used to prevent harms arising and the measures put in place to provide follow-up emotional support to participants.

Details

Ethics and Integrity in Research with Older People and Service Users
Type: Book
ISBN: 978-1-80455-422-7

Keywords

Book part
Publication date: 11 December 2023

Antonio Davola and Gianclaudio Malgieri

The attempt to establish a common European framework for core platforms' duties and responsibilities toward other actors in the digital environment is at the core of the recent…

Abstract

The attempt to establish a common European framework for core platforms' duties and responsibilities toward other actors in the digital environment is at the core of the recent scholarly debate surrounding the Digital Markets Act (DMA) proposal. In particular, the everlasting juxtaposition between the “data power” – as emerging from recent cases (Section 2) – that dominant tech companies enjoy and the concept of consumer sovereignty (Section 3) lies at the core of the proposal's attempt to identify digital core platforms as market gatekeepers. Accordingly, this chapter critically investigates the divide between power imbalance and consumer sovereignty in light of the architecture designed by the DMA, with a specific focus on its effectiveness in identifying gatekeepers' power drivers (Section 4). After highlighting the main critical aspects of the pertinent rules, opportunities for fruitful developments are then identified through the reframing of some of the notions considered in the proposal, and namely the role of “lock-in” effects and “data accumulation” (Section 5). Lastly, this chapter suggests that the DMA advancements – while desirable – are bound to be fragmentary in the absence of a wider appraisal of the nature of data power imbalance dynamics in the modern digital markets (Section 6).

Details

The Economics and Regulation of Digital Markets
Type: Book
ISBN: 978-1-83797-643-0

Keywords

Open Access
Article
Publication date: 12 September 2022

Christian Kazuo Fuzyama, Ana Heloisa Lemos and Marcelo Almeida de Carvalho Silva

This study aims to understand the production of consent to precarious working conditions in administration students' internship experiences.

Abstract

Purpose

This study aims to understand the production of consent to precarious working conditions in administration students' internship experiences.

Design/methodology/approach

A total of 13 students of an undergraduate program in Business Administration in a private university were interviewed. The students' perceptions about the dynamics of the internship and their engagement in this experience were explored through thematic analysis.

Findings

Internships became more than spaces to learn about the world of work. They are also the locus of professional socialization toward precarious work. The detachment of internships from their educational scope is mediated by neonormative control mechanisms that subjectively mobilize the interns, producing the institutionalization and appreciation of the precarious experience, resignified as something that leads to autonomy, learning and a job position.

Practical implications

The article can help students, universities and companies to assess the role of internships in training future professionals.

Social implications

The research problematizes the internship as a form of professional socialization toward precarious work and its detachment from the original educational purpose. The article critically contributes to the debate about the current professional socialization process of young students.

Originality/value

The article highlights the subjective dimension that supports students' consent to dysfunctional internships, discussing both the experience of work precariousness and exploitation, and the terms of the students' engagement in such dynamics, bridging consent to neonormative controls.

Details

Revista de Gestão, vol. 30 no. 4
Type: Research Article
ISSN: 1809-2276

Keywords

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

Open Access
Book part
Publication date: 4 October 2023

Maria Roth

From an ethical point of view, the inclusion of children and young people in research is problematic due to their inability to give informed consent and meaningfully express their…

Abstract

From an ethical point of view, the inclusion of children and young people in research is problematic due to their inability to give informed consent and meaningfully express their views. The ethical aspects of research are multiplied if the research participant might have experienced child abuse, neglect, exploitation, or other forms of violence or assisted in such acts. Talking about victimization might be difficult and generate a sense of betrayal of attachment figures. On the other hand, the usual ethical procedure of asking parents or other caretakers to give consent for their children to discuss issues of maltreatment gives them the power to act as gatekeepers to stop children from participating in research. Therefore, researchers should contemplate if parental consent should be waived and how research can be developed to mobilise children's agency and ensure their meaningful cooperation in researching different aspects of violence that affect them. This chapter presents and critically analyses different research examples and discusses their ethical dimensions from a children's rights perspective. The research questions start with discussing the utility of consulting children in research on maltreatment; the gatekeeping role of caregivers; the distress and harm eventually caused to children and young people by participation in research and the benefits of participation for children. The survey examples discussed lead to the conclusions that research on maltreatment might sometimes cause distress; caregivers' power to refuse consent for their children's participation in research on maltreatment can alter epidemiologic data and impede children's right to express their opinion on issues that are central to their lives and therefore, it should be waived; consulting children is essential for collecting data on and improving responses to child maltreatment; and children's contribution to research on maltreatment depends on the adopted methodologies of the research, more advanced forms of participation, and training children to express their opinions, thus enriching scientific knowledge and promoting change.

Details

Participatory Research on Child Maltreatment with Children and Adult Survivors
Type: Book
ISBN: 978-1-80455-529-3

Keywords

Abstract

Details

Ethical AI Surveillance in the Workplace
Type: Book
ISBN: 978-1-83753-772-3

Article
Publication date: 16 June 2023

Minghui Li and Yan Wan

Deepfake information poses more ethical risks than traditional disinformation in terms of fraud, slander, rumors and other malicious uses. However, owing to its high entertainment…

1507

Abstract

Purpose

Deepfake information poses more ethical risks than traditional disinformation in terms of fraud, slander, rumors and other malicious uses. However, owing to its high entertainment value, deepfake information with ethical risks has become popular. This study aims to understand the role of ethics and entertainment in the acceptance and regulation of deepfake information.

Design/methodology/approach

Mixed methods were used to qualitatively identify ethical concerns and quantitatively evaluate the influence of ethical concerns and perceived enjoyment on the ethical acceptability and social acceptance of deepfake information.

Findings

The authors confirmed that informed consent, privacy protection, traceability and non-deception had a significantly positive impact on ethical acceptability and indirectly influenced social acceptance, with privacy protection being the most sensitive. Perceived enjoyment impacts the social acceptance of deepfake information and significantly weakens the effect of ethical acceptability on social acceptance.

Originality/value

The ethical concerns affecting acceptance behavior identified in this study provide an entry point for the ethical regulation of deepfake information. The weakening effect of perceived enjoyment on ethics serves as a wake-up call for regulators to guard against pan-entertainment deepfake information.

Details

Internet Research, vol. 33 no. 5
Type: Research Article
ISSN: 1066-2243

Keywords

Article
Publication date: 27 August 2024

Md. Habibur Rahman, Md. Faruk Abdullah, Noor Mohammad Osmani and Nur Suhailah Zakiyyah Binti Aziz

This study aims to investigate the possibility of practicing cross-subsidisation of underwriting surplus among different takaful operators. It responds to the recent discussion…

Abstract

Purpose

This study aims to investigate the possibility of practicing cross-subsidisation of underwriting surplus among different takaful operators. It responds to the recent discussion paper published by Bank Negara Malaysia (BNM) on broader application of tàawun (mutual assistance), which seeks insights into cross-tàawun of underwriting surplus within takaful industry.

Design/methodology/approach

A qualitative, semi-structured interview is used to gather primary data, featuring 13 one-to-one interviews with selected Sharìah and operational experts in takaful. Open-ended questions are drafted according to BNM’s discussion paper to guide the interview. A content analysis method is used to delve into the topic based on scholarly papers, books and regulatory guidelines. A thematic analysis is applied to explore the qualitative data.

Findings

This study establishes the feasibility of cross-subsidisation of underwriting surplus in takaful. Given that participants are the rightful owners of the underwriting surplus, cross-tàawun is deemed permissible with participants’ consent. With the view that underwriting surplus belongs to the fund due to outright transfer of contributions by participants, the regulators have discretion to permit cross-tàawun. The authorities can make any decision if it serves the public interest. Furthermore, the study provides Sharìah and regulatory requirements to govern the practice of cross-tàawun in takaful. Respondents of the study advocate for policy reviews and regulatory adjustments to facilitate cross-subsidisation of takaful surplus.

Practical implications

This study significantly contributes to the existing body of knowledge in Islamic insurance studies. It offers valuable insights for the regulators to formulate the required policies and guides takaful operators to develop products accordingly. Moreover, the study supports Sharìah scholars in making informed decisions about cross-tàawun practices.

Originality/value

This study fills a critical gap in the existing literature by being the first to examine cross-subsidisation of underwriting surplus in takaful. The proposed cross-subsidisation of underwriting surplus will enhance sustainability of takaful funds and contribute to stability of takaful industry. As a foundation, this study encourages future research to explore other relevant aspects of cross-subsidisation of underwriting surplus in takaful operation.

Details

International Journal of Islamic and Middle Eastern Finance and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1753-8394

Keywords

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