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Book part
Publication date: 19 July 2022

Claire Farrugia, Simon Grima and Kiran Sood

Purpose: This chapter sets out to lay out and analyse the effectiveness of the General Data Protection Regulation (GDPR), a recently established European Union (EU) regulation, in…

Abstract

Purpose: This chapter sets out to lay out and analyse the effectiveness of the General Data Protection Regulation (GDPR), a recently established European Union (EU) regulation, in the local insurance industry.

Methodology: This was done through a systematic literature review to determine what has already been done and then a survey as a primary research tool to gather information. The survey was aimed at clients and employees of insurance entities.

Findings: The general results are that effectiveness can be segmented into different factors and vary regarding the respondents’ confidence. Other findings include that the GDPR has increased costs, and its expectations are unclear. These findings suggest that although the GDPR was influential in the insurance market, some issues about this regulation still exist.

Conclusions: GDPR fulfils its purposes; however, the implementation process of this regulation can be facilitated if better guidelines are issued for entities to follow to understand its expectations better and follow the law and fulfil its purposes most efficiently.

Practical implications: These conclusions imply that the GDPR can be improved in the future. Overall, as a regulation, it is suitable for the different member states of the EU, including small states like Malta.

Details

Big Data: A Game Changer for Insurance Industry
Type: Book
ISBN: 978-1-80262-606-3

Keywords

Book part
Publication date: 28 September 2023

Farha Khan and Akansha Mer

The study focusses on the legal issues surrounding artificial intelligence (AI), which are being investigated and debated about several European Union initiatives to manage and…

Abstract

The study focusses on the legal issues surrounding artificial intelligence (AI), which are being investigated and debated about several European Union initiatives to manage and regulate Information and Communication Technologies. The goal is to discuss the benefits and drawbacks of adopting AI technology and the ramifications for the articulations of law and politics in democratic constitutional countries. Thus, the study aims to identify socio-legal concerns and possible solutions to protect individuals’ interests. The exploratory study is based on statutes, rules, and committee reports. The study has used news pieces, reports issued by organisations and legal websites. The study revealed computer security vulnerabilities, unfairness, bias and discrimination, and legal personhood and intellectual property issues. Issues with privacy and data protection, liability for harm, and lack of accountability will all be discussed. The vulnerability framework is utilised in this chapter to strengthen comprehension of key areas of concern and to motivate risk and impact mitigation solutions to safeguard human welfare. Given the importance of AI’s effects on weak individuals and groups as well as their legal rights, this chapter contributes to the discourse, which is essential. The chapter advances the conversation while appreciating the legal work done in AI and the fact that this sector needs constant review and flexibility. As AI technology advances, new legal challenges, vulnerabilities, and implications for data privacy will inevitably arise, necessitating increased monitoring and research.

Details

Digital Transformation, Strategic Resilience, Cyber Security and Risk Management
Type: Book
ISBN: 978-1-83797-009-4

Keywords

Book part
Publication date: 22 March 2022

Björn Fasterling

The context of this chapter is the use of data and advanced data analytics in a commercial setting. Privacy is considered as protection from vulnerability, whereby vulnerability…

Abstract

The context of this chapter is the use of data and advanced data analytics in a commercial setting. Privacy is considered as protection from vulnerability, whereby vulnerability is understood as the state of being exposed to the possibility of being harmed, either physically or emotionally, or in fundamental rights other than privacy. Therefore, privacy's policy instruments, in particular data protection law, could be seen as a means to reduce the risk of harm resulting from data use. Such harm is probabilistic and often uncertain, which, however, does not exclude analyzing costs and benefits of regulatory data protection policies. When balancing privacy protections and opportunities for knowledge gain, regulatory policy could be viewed as superior, when it expands the range of possible trade-offs between vulnerability protection and gaining socially beneficial knowledge.

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The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring
Type: Book
ISBN: 978-1-80262-002-3

Keywords

Book part
Publication date: 20 May 2024

Farha Khan and Akansha Mer

Introduction: As Internet usage increases, so does widespread concern about surveillance and privacy. While most of the research primarily focuses on a particular digital setting…

Abstract

Introduction: As Internet usage increases, so does widespread concern about surveillance and privacy. While most of the research primarily focuses on a particular digital setting, these problems cut beyond national boundaries and impact economies everywhere.

Purpose: This study critically analyses the Data Protection Bill 2019’s effectiveness within the context of surveillance and privacy in India’s digital economy. Investigating critical provisions of the bill, comparing it to international privacy laws and standards, and identifying potential gaps and weaknesses, this study provides insights into the bill’s ability to protect personal data and limit surveillance practices.

Methodology: The chapter is based on secondary sources of data, including academic articles, government reports, and news articles on the topics of surveillance, privacy, and the Data Protection Bill 2019 in India, involving content and critical discourse analyses.

Findings: The Data Protection Bill 2019 evaluation reveals a set of provisions with the overarching intent to safeguard citizens’ privacy worldwide and curtail undue surveillance practices exercised by both governmental bodies and private enterprises. Intricately delineates the entitlements of individuals concerning their data, encompassing vital aspects such as the right to access, rectify, and erase their data, the bill mandates stringent adherence to the principle of explicit consent when collecting and processing personal data.

Nevertheless, a comprehensive analysis also reveals several gaps and constraints inherent in the bill’s framework. One such area is the inclusion of exemptions for governmental entities, an aspect that raises international concerns regarding potential disparities in data protection practices.

Details

Sustainable Development Goals: The Impact of Sustainability Measures on Wellbeing
Type: Book
ISBN: 978-1-83797-098-8

Keywords

Book part
Publication date: 30 January 2023

Xhimi Hysa, Mario D’Arco and Joana Kostaqi

This chapter explores young individuals’ attitude toward protection of personal data. Specifically, the discussion focuses on the General Data Protection Regulation (GDPR) and the…

Abstract

This chapter explores young individuals’ attitude toward protection of personal data. Specifically, the discussion focuses on the General Data Protection Regulation (GDPR) and the introduction of a property right over personal data. To this end, a total of 10 in-depth interviews were conducted with both Albanian and Italian college students. Transcribed data from the interviews were analyzed through thematic analysis. Four main themes emerged from the interviews: (i) distrust toward the way personal data are used online, (ii) no change in behavior after the introduction of GDPR, (iii) limited knowledge regarding terms and conditions of websites, and (iv) individual desire for more control over his/her data. In light of the research findings, the present contribution highlights that, despite the GDPR enhances individuals’ data protection and rights, there is an intention–behavior gap that has been labeled in the literature as “privacy paradox.” Furthermore, findings reveal that treating personal data as a property right has pros and cons.

Details

Big Data and Decision-Making: Applications and Uses in the Public and Private Sector
Type: Book
ISBN: 978-1-80382-552-6

Keywords

Book part
Publication date: 7 May 2019

Francesco Ciclosi, Paolo Ceravolo, Ernesto Damiani and Donato De Ieso

This chapter analyzes the compliance of some category of Open Data in Politics with EU General Data Protection Regulation (GDPR) requirements. After clarifying the legal basis of…

Abstract

This chapter analyzes the compliance of some category of Open Data in Politics with EU General Data Protection Regulation (GDPR) requirements. After clarifying the legal basis of this framework, with specific attention to the processing procedures that conform to the legitimate interests pursued by the data controller, including open data licenses or anonymization techniques, that can result in partial application of the GDPR, but there is no generic guarantee, and, as a consequence, an appropriate process of analysis and management of risks is required.

Details

Politics and Technology in the Post-Truth Era
Type: Book
ISBN: 978-1-78756-984-3

Keywords

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

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Abstract

Details

Data-driven Marketing Content
Type: Book
ISBN: 978-1-78973-818-6

Abstract

Details

Histories of Punishment and Social Control in Ireland: Perspectives from a Periphery
Type: Book
ISBN: 978-1-80043-607-7

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