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Article
Publication date: 6 September 2022

Dona Budi Kharisma and Alvalerie Diakanza

This paper aims to identify the reasons why cases of leakage of patient personal data often occur in the health sector. This paper also analyzes personal data protection

Abstract

Purpose

This paper aims to identify the reasons why cases of leakage of patient personal data often occur in the health sector. This paper also analyzes personal data protection regulations in the health sector from a comparative legal perspective between Indonesia, Singapore and the European Union (EU).

Design/methodology/approach

This type of research is legal research. The research approach used is the statute approach and conceptual approach. The focus of this study in this research is Indonesia with a comparative study in Singapore and the EU.

Findings

Cases of leakage of patient personal data in Indonesia often occur. In 2021, the data for 230,000 COVID-19 patients was leaked and sold on the Rapid Forums dark web forum. A patient’s personal data is a human right that must be protected. Compared to Singapore and the EU, Indonesia is a country that does not yet have a law on the protection of personal data. This condition causes cases of leakage of patients’ personal data to occur frequently.

Research limitations/implications

This study analyzes the regulation and protection of patients’ personal data in Indonesia, Singapore and the EU to construct a regulatory design for the protection of patients’ personal data.

Practical implications

The results of this study are useful for constructing regulations governing the protection of patients’ personal data. The regulation is to protect the patient’s personal data like a patient’s human right.

Social implications

The ideal regulatory design can prevent data breaches. Based on the results of comparative studies, in Singapore and the EU, cases of personal data leakage are rare because they have a regulatory framework regarding the protection of patients’ personal data.

Originality/value

Legal strategies that can be taken to prevent and overcome patient data breaches include the establishment of an Act on Personal Data Protection; the Personal Data Protection Commission; and management of patients’ personal data.

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: 20 October 2021

Al Sentot Sudarwanto and Dona Budi Budi Kharisma

The purpose of this paper is two-fold: to explore the legal issue of the importance of personal data protection in the digital economy sector and to propose a legal framework for…

1465

Abstract

Purpose

The purpose of this paper is two-fold: to explore the legal issue of the importance of personal data protection in the digital economy sector and to propose a legal framework for personal data protection as a consumer protection strategy and accelerate the digital economy.

Design/methodology/approach

This study is legal research. The research approach used was the comparative approach and statute approach. The legal materials used are all regulations regarding personal data protection that apply in Indonesia, Hong Kong and Malaysia. The technique of collecting legal materials is done by using library research techniques.

Findings

The value of Indonesia’s digital economy is the biggest in the Southeast Asia region, but data breach is still a big challenge to face. The Indonesian Consumers Foundation (Yayasan Lembaga Konsumen Indonesia) recorded 54 cases of a data breach in e-commerce, 27 cases in peer-to-peer lending and 5 cases in electronic money. Based on the results of a comparative study with Hong Kong and Malaysia, Indonesia has yet no specific Act that comprehensively regulates personal data protection. Indonesia also does not have a personal data protection commission. Criminal sanctions and civil claims related to data breaches have not yet been regulated.

Research limitations/implications

This study examines the data breach problem in the Indonesian digital economy sector. However, the legal construction of personal data protection regulations is built on the results of a comparative study with Hong Kong and Malaysia.

Practical implications

The results of this study can be useful for constructing the ideal regulation regarding the protection of personal data in the digital economy sector.

Social implications

The results of the recommendations in this study are expected to develop and strengthen the protection of personal data in the Indonesian digital economy sector. Besides aiming to prevent the misuse of personal data, the regulation aims to protect consumers and accelerate the growth of the digital economy.

Originality/value

Indonesia needs to create a personal data protection act. The act should at least cover such issues: personal data protection principles; types of personal data; management of personal data; mechanism of personal data protection and security; commission of personal data protection; transfers of personal data; resolution mechanism of personal data dispute and criminal sanctions and civil claims.

Details

Journal of Financial Crime, vol. 29 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 11 February 2019

Sheshadri Chatterjee

The purpose of this study is to identify how the privacy policy can be framed for protection of personal data and how the latest judgement of full bench of Supreme Court of India…

1228

Abstract

Purpose

The purpose of this study is to identify how the privacy policy can be framed for protection of personal data and how the latest judgement of full bench of Supreme Court of India has dealt with right to privacy in India.

Design/methodology/approach

The study uses the latest Supreme Court judgement on right to privacy and historical cases on right to privacy in India. This paper uses Indian Constitution as a source of Information for study along with case laws and judgements of different courts in India.

Findings

This paper tries to find if personal data privacy is a fundamental right in India. In addition, the paper provides recommendations to different concerned authorities on protecting personal information in online platform.

Research limitations/implications

This study deals with privacy issues so far as Indian citizens are concerns and does not focus on other countries. Moreover, the study tries to understand the issue of fundamental rights from Indian Constitution perspective. In addition, the recommendations provided to the policymakers and other authorities of India have wide implications for formulation of new policy and management of personal data, so that it should not go to wrong hands and the personal data and privacy is protected of the citizens.

Practical implications

Millions of people put their personal information in online platform. In addition, there are few government initiatives in India such as Aadhaar card where the biometric information is taken from the residents of India, and in many cases, the personal data are compromised under various circumstances. As the personal data of the citizens are in question, thus the study has direct practical implication mainly for all the citizens whose personal data are available in online platform.

Social implications

This study has social implication as it dealt with the “personal data” of the citizens of India. As the paper discusses the issue of protection of personal data in the context of right to privacy, thus this study has a direct social impact so far as online citizen of India is concerned.

Originality/value

This paper is timely, original and discusses the contemporary issue of online data privacy and fundamental right in India. This paper is a useful resource for the researchers, policymakers and online users who deal with personal data-, right to privacy and data privacy policy-related areas.

Details

International Journal of Law and Management, vol. 61 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 2 November 2021

Lei Huang, Jingyi Zhou, Jiecong Lin and Shengli Deng

In the era of big data, people are more likely to pay attention to privacy protection with facing the risk of personal information leakage while enjoying the convenience brought…

1314

Abstract

Purpose

In the era of big data, people are more likely to pay attention to privacy protection with facing the risk of personal information leakage while enjoying the convenience brought by big data technology. Furthermore, people’s views on personal information leakage and privacy protection are varied, playing an important role in the legal process of personal information protection. Therefore, this paper aims to propose a semi-qualitative method based framework to reveal the subjective patterns about information leakage and privacy protection and further provide  practical implications for interested party.

Design/methodology/approach

Q method is a semi-qualitative methodology which is designed for identifying typologies of perspectives. In order to have a comprehensive understanding of users’ viewpoints, this study incorporates LDA & TextRank method and other information extraction technologies to capture the statements from large-scale literature, app reviews, typical cases and survey interviews, which could be regarded as the resource of the viewpoints.

Findings

By adopting the Q method that aims for studying subjective thought patterns to identify users’ potential views, the authors have identified three categories of stakeholders’ subjectivities: macro-policy sensitive, trade-offs and personal information sensitive, each of which perceives different risk and affordance of information leakage and importance and urgency of privacy protection. All of the subjectivities of the respondents reflect the awareness of the issue of information leakage, that is, the interested parties like social network sites are unable to protect their full personal information, while reflecting varied resistance and susceptibility of disclosing personal information for big data technology applications.

Originality/value

The findings of this study provide an overview of the subjective patterns on the information leakage issue. Being the first to incorporate the Q method to study the views of personal information leakage and privacy protection, the research not only broadens the application field of the Q method but also enriches the research methods for personal information protection. Besides, the proposed LDA & TextRank method in this paper alleviates the limitation of statements resource in the Q method.

Details

Aslib Journal of Information Management, vol. 74 no. 5
Type: Research Article
ISSN: 2050-3806

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

Article
Publication date: 23 February 2022

Anita Katulić, Tihomir Katulić and Ivana Hebrang Grgić

The purpose of this paper is to examine the relationship between the legal obligation of European libraries to ensure the transparent personal data processing and respect for user…

Abstract

Purpose

The purpose of this paper is to examine the relationship between the legal obligation of European libraries to ensure the transparent personal data processing and respect for user privacy. This paper will examine how libraries use privacy notices on websites to communicate with patrons about the processing of personal data and in what manner have libraries been guided by applicable transparency guidelines.

Design/methodology/approach

The method used is the analysis of privacy policies and other privacy documents found on the websites of national libraries. The analysis sample includes documents of 45 European national libraries, 28 out of those being national libraries of European Union (EU) Member States. The elements for this analysis are derived from the mandatory elements of the General Data Protection Regulation and the recommendations of the WP29/EDPB Transparency Guidelines.

Findings

The findings suggest that European national libraries largely adhere to EU data protection standards. In total, 60% libraries use a separate privacy page, and 53% of the EU Member State national libraries websites managed to comply with publishing all necessary data protection information in a way recommended by the Guidelines, compared to 47% of non-Member State national libraries.

Originality/value

The research contributes to the understanding of the importance of the principle of transparency and its operationalization.

Details

Digital Library Perspectives, vol. 38 no. 4
Type: Research Article
ISSN: 2059-5816

Keywords

Article
Publication date: 8 June 2020

Vasiliki Diamantopoulou, Aggeliki Tsohou and Maria Karyda

This paper aims to identify the controls provisioned in ISO/IEC 27001:2013 and ISO/IEC 27002:2013 that need to be extended to adequately meet, data protection requirements set by…

Abstract

Purpose

This paper aims to identify the controls provisioned in ISO/IEC 27001:2013 and ISO/IEC 27002:2013 that need to be extended to adequately meet, data protection requirements set by the General Data Protection Regulation (GDPR); it also indicates security management actions an organisation needs to perform to fulfil GDPR requirements. Thus, ISO/IEC 27001:2013 compliant organisations, can use this paper as a basis for extending the already existing security control modules towards data protection; and as guidance for reaching compliance with the regulation.

Design/methodology/approach

This study has followed a two-step approach; first, synergies between ISO/IEC 27001:2013 modules and GDPR requirements were identified, by analysing all 14 control modules of the ISO/IEC 27001:2013 and proposing the appropriate actions towards the satisfaction of data protection requirements. Second, this paper identified GDPR requirements not addressed by ISO/IEC 27001:2013.

Findings

The findings of this work include the identification of the common ground between the security controls that ISO/IEC 27001:2013 includes and the requirements that the GDPR imposes; the actions that need to be performed based on these security controls to adequately meet the data protection requirements that the GDPR imposes; and the identification of the remaining actions an ISO/IEC 27001 compliant organisation needs to perform to be able to adhere with the GDPR.

Originality/value

This paper provides a gap analysis and a further steps identification regarding the additional actions that need to be performed to allow an ISO/IEC 27001:2013 certified organisation to be compliant with the GDPR.

Details

Information & Computer Security, vol. 28 no. 4
Type: Research Article
ISSN: 2056-4961

Keywords

Article
Publication date: 1 June 2010

Eleni Kosta, Christos Kalloniatis, Lilian Mitrou and Stefanos Gritzalis

The purpose of this paper is to examine how the introduction of new communication channels facilitates interactive information sharing and collaboration between various actors…

1632

Abstract

Purpose

The purpose of this paper is to examine how the introduction of new communication channels facilitates interactive information sharing and collaboration between various actors over social networking services and how social networking fits in the existing European legal framework on data protection. The paper also aims to discuss some specific data protection issues, focusing on the role of the relevant actors, using the example of photo tagging.

Design/methodology/approach

Privacy in social networks is one of the main concerns for providers and users. This paper examines the role of the main actors in social networking, i.e. the providers and the users, scrutinised under the light of the European data protection legislation. Specifically, how social networking service providers deal with users' privacy and how users handle their personal information, if this manipulation is complied with the respective legislation and how “tagging”, one of the most familiar services provided by the social networking providers, may cause privacy risks.

Findings

Social networking is one of the most remarkable cultural phenomena that has blossomed in the Web 2.0 era. They enable the connection of users and they facilitate the exchange of information among them. However, the users reveal vast amounts of personal information over social networking services, without realising the privacy and security risks arising from their actions. The European data protection legislation could be used as a means for protecting the users against the unlawful processing of their personal information, although a number of problems arise regarding its applicability.

Originality/value

The paper discusses some privacy concerns involved in social networks and examines how social networking service providers and users deal with personal information with regard to the European data protection legislation.

Details

Transforming Government: People, Process and Policy, vol. 4 no. 2
Type: Research Article
ISSN: 1750-6166

Keywords

Article
Publication date: 1 August 1985

John Martyn

At present there are data protection laws in Austria, Canada, Denmark, France, Germany, Hungary, Iceland, Israel, Luxembourg, New Zealand, Norway, Sweden and the United States…

Abstract

At present there are data protection laws in Austria, Canada, Denmark, France, Germany, Hungary, Iceland, Israel, Luxembourg, New Zealand, Norway, Sweden and the United States, and of course their United Kingdom. Legislation is in preparation in Belgium, and in Portugal and Spain, these last two countries proposing to deal with privacy issues by making provision in their respective constitutions. Because of their federal structure, Australia, Canada, Germany, Switzerland and the United States also have laws at the local — state, Land or Canton — level. Finland, Ireland, Italy, Japan and Yugoslavia have considered the protection of personal data to the extent of having reports prepared, which in some cases are being considered by their legislatures. Within the European Community therefore, five member states have data protection laws, two have legislation in process, and three, Ireland, Italy and Greece, have none. Ireland has a government report in preparation, and some aspects of individual privacy are covered by existing common‐law and other provisions. Italy has a government report in preparation, Greece so far as I know is not likely to take any action in the short term. Of course, because a country has no specific data protection laws it does not necessarily follow that there is no degree of control over information relating to individuals, along the lines for example of our own Consumer Credit Act of 1974, which established certain individual rights to be informed of, and be allowed to change or challenge, credit information.

Details

Aslib Proceedings, vol. 37 no. 8
Type: Research Article
ISSN: 0001-253X

Article
Publication date: 13 July 2023

Anita Katulić

The research aims to establish the predictors of the acceptance of technical and organizational measures for the protection of personal data to ensure information privacy in…

Abstract

Purpose

The research aims to establish the predictors of the acceptance of technical and organizational measures for the protection of personal data to ensure information privacy in Croatian libraries, starting from the constructs of the APCO Macro Model.

Design/methodology/approach

Two data collection methods were used: the online survey questionnaire method and the analysis of the websites of independent libraries in the Republic of Croatia.

Findings

The results show that the acceptance of measures for personal data protection by a library manager is mostly influenced by perceived knowledge, while culture and trust have a positive correlation of moderate strength. Awareness has a low positive correlation, and privacy experience is not statistically related to the acceptance of measures. There is no statistically significant difference in the acceptance of measures for the protection of personal data concerning age and work experience in the profession. There is a statistically significant correlation between compliance with the principle of transparency and the size of the library.

Originality/value

The study is valuable as it examined the characteristics of the culture of information privacy in libraries and determined the existence and impact of factors that influence ensuring the information privacy of users in Croatian libraries.

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