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Drones and the Law
Type: Book
ISBN: 978-1-80043-249-9

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Article
Publication date: 10 July 2009

Chen Jianping and Yang Zhongwei

The purpose of this paper is to examine the extent to which financial privacy is present and necessary in dealings between banks and clients in China.

Abstract

Purpose

The purpose of this paper is to examine the extent to which financial privacy is present and necessary in dealings between banks and clients in China.

Design/methodology/approach

This paper provides a comparative study drawing, in particular, on developments in the USA.

Findings

It is a trend in legislation in the western developed countries that the right to privacy is taken seriously and private information in the financial activities is protected by law. The legislation in the USA is typically systematic and complete. The fact that financial privacy protection is sparsely stipulated in finance or administrative laws but the protection of privacy has yet not been systematically written into law in China so far, which is inconsistent with the current situations of the financial industry. China should deal with the relationship between banks and clients, administrative power and personal rights, judicial interpretation and legislation from the aspect of financial practice, so as to set up the legal system to protect financial privacy by learning from the legislation in the USA based on the national conditions.

Originality/value

The paper provides a systematic view of the value of financial privacy in the modern world, with recommendations for reform in China.

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International Journal of Law and Management, vol. 51 no. 4
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 31 May 2006

Sheila A. Millar

A legal obligation to adopt reasonable information security procedures exists in a variety of laws around the world, such as the EU Data Directive (Directive 95/46)…

Abstract

A legal obligation to adopt reasonable information security procedures exists in a variety of laws around the world, such as the EU Data Directive (Directive 95/46), Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), and sectoral and state privacy laws in the U.S. The latter include security breach notification laws, and laws establishing a general duty of security. This paper compares and contrasts the privacy and information security landscape inside and outside the U.S. and offers suggestions for corporate “best practices” in data security designed to enhance consumer trust and minimize liability.

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Journal of International Trade Law and Policy, vol. 5 no. 1
Type: Research Article
ISSN: 1477-0024

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Article
Publication date: 1 March 1989

Michael Rogers Rubin

The major federal and state laws that govern the privacy aspects of the use of computer data banks fall into three types of relationships between individuals and…

Abstract

The major federal and state laws that govern the privacy aspects of the use of computer data banks fall into three types of relationships between individuals and institutions: 1) individuals dealing with private institutions such as colleges or universities, 2) individuals interacting with state and local governments; and 3) individuals interacting with the federal government. A separate section is devoted to each of these relationships, containing assessments of the effectiveness of the legal mechanisms that mediate them. The ability of privacy laws that are presently on the books to protect us from abusive information collection, dissemination, and management practices is specifically considered.

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Library Hi Tech, vol. 7 no. 3
Type: Research Article
ISSN: 0737-8831

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Publication date: 4 June 2021

Kristen Thomasen and Suzie Dunn

Perpetrators of Technology-Facilitated gender-based violence are taking advantage of increasingly automated and sophisticated privacy-invasive tools to carry out their…

Abstract

Perpetrators of Technology-Facilitated gender-based violence are taking advantage of increasingly automated and sophisticated privacy-invasive tools to carry out their abuse. Whether this be monitoring movements through stalkerware, using drones to nonconsensually film or harass, or manipulating and distributing intimate images online such as deepfakes and creepshots, invasions of privacy have become a significant form of gender-based violence. Accordingly, our normative and legal concepts of privacy must evolve to counter the harms arising from this misuse of new technology. Canada's Supreme Court recently addressed Technology-Facilitated violations of privacy in the context of voyeurism in R v Jarvis (2019) . The discussion of privacy in this decision appears to be a good first step toward a more equitable conceptualization of privacy protection. Building on existing privacy theories, this chapter examines what the reasoning in Jarvis might mean for “reasonable expectations of privacy” in other areas of law, and how this concept might be interpreted in response to gender-based Technology-Facilitated violence. The authors argue the courts in Canada and elsewhere must take the analysis in Jarvis further to fully realize a notion of privacy that protects the autonomy, dignity, and liberty of all.

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The Emerald International Handbook of Technology Facilitated Violence and Abuse
Type: Book
ISBN: 978-1-83982-849-2

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Article
Publication date: 1 January 1988

Michael Rogers Rubin

This is the second of three articles addressing the critical issue of abusive data collection and usage practices and their effect on personal privacy. The first article…

Abstract

This is the second of three articles addressing the critical issue of abusive data collection and usage practices and their effect on personal privacy. The first article, which appeared in consecutive issue 17 of Library Hi Tech, discussed the individual under assault. This article discusses the evolution of data protection laws within countries and international organizations that have enacted such laws, and compares the scope, major provisions, and enforcement components of the laws.

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Library Hi Tech, vol. 6 no. 1
Type: Research Article
ISSN: 0737-8831

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Article
Publication date: 18 May 2015

Zhihong Gao and Susan O’Sullivan-Gavin

Given the unique cultural-political context of China, this paper aims to investigate two research questions: What has been the development trajectory of policy-making on…

Abstract

Purpose

Given the unique cultural-political context of China, this paper aims to investigate two research questions: What has been the development trajectory of policy-making on consumer privacy protection in China, and what factors have shaped its development over the years?

Design/methodology/approach

This paper adopts a historical approach and examines the development of Chinese consumer privacy policy during four periods: 1980s, 1990s, 2000s and 2010-present.

Findings

Chinese policy-making on consumer privacy protection has made steady advancement in the past few decades due to factors such as technological development, elite advocacy and emulation of other markets; however, the effects of these factors are conditioned by local forces.

Originality/value

To date, most studies of consumer privacy issues have focused on Western countries, especially the European Union and the USA. A better understanding of how consumer privacy policy has developed in China provides important lessons on the promotion of consumer privacy protection in other developing countries.

Details

Journal of Historical Research in Marketing, vol. 7 no. 2
Type: Research Article
ISSN: 1755-750X

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Article
Publication date: 9 October 2009

Colin Combe

One of the key aims of the UK's Transformational Government strategy is to create a “joined‐up” government where communications within and between public organisations is…

Abstract

Purpose

One of the key aims of the UK's Transformational Government strategy is to create a “joined‐up” government where communications within and between public organisations is improved by the use of information technology. Data sharing is a key enabler of “joined‐up” government but the implementation of the strategy presents a series of risks. The purpose of this paper is to articulate and assess the nature of those risks in relation to violations of existing laws using the National Pupil Database (NPD) in England as a case study.

Design/methodology/approach

The paper investigates examples of violations of EU law relating to rights to privacy of data sharing practices within the UK public sector using an interpretive approach to existing published information. The case of the NPD illustrates how certain identified data sharing practices contravene existing laws and exposes this aspect of the Transformational Government strategy to heightened risk of a legal challenge.

Findings

Four examples of violations of existing EU laws on privacy are identified from an investigation into the NPD for schools in England. The analysis exposes the imbalance between the data sharing practices underpinning the Transformational Government strategy in the UK and the requirements for fulfilling privacy protection rights to citizens enshrined in EU law. The findings reveal that data sharing practices as a key enabler of the Transformational Government strategy risks violating existing laws designed to protect privacy. The UK government risks a legal challenge, the outcome of which may seriously undermine the prospects for achieving the stated aim of improving efficiency and effectiveness across the public sector.

Research limitations/implications

The paper is largely restricted to the NPD for schools in England. The findings would be strengthened by expanding the research into other areas of the public sector where data sharing practices have been implemented.

Originality/value

The findings are a significant and timely contribution to understanding the data sharing/privacy tension that ministers and legislators need to address. The work provides an insight into where weaknesses exist within current arrangements that is of value to policymakers, legislators, human rights advocates and government authorities at both central and local levels.

Details

Transforming Government: People, Process and Policy, vol. 3 no. 4
Type: Research Article
ISSN: 1750-6166

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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…

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

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Article
Publication date: 6 August 2018

Jawahitha Sarabdeen and Immanuel Azaad Moonesar

The move toward e-health care in various countries is envisaged to reduce the cost of provision of health care, improve the quality of care and reduce medical errors. The…

Abstract

Purpose

The move toward e-health care in various countries is envisaged to reduce the cost of provision of health care, improve the quality of care and reduce medical errors. The most significant problem is the protection of patients’ data privacy. If the patients are reluctant or refuse to participate in health care system due to lack of privacy laws and regulations, the benefit of the full-fledged e-health care system cannot be materialized. The purpose of this paper is to investigate the available e-health data privacy protection laws and the perception of the people using the e-health care facilities.

Design/methodology/approach

The researchers used content analysis to analyze the availability and comprehensive nature of the laws and regulations. The researchers also used survey method. Participants in the study comprised of health care professionals (n=46) and health care users (n=187) who are based in the Dubai, United Arab Emirates. The researchers applied descriptive statistics mechanisms and correlational analysis to analyze the data in the survey.

Findings

The content analysis revealed that the available health data protection laws are limited in scope. The survey results, however, showed that the respondents felt that they could trust the e-health services systems offered in the UAE as the data collected is protected, the rights are not violated. The research also revealed that there was no significance difference between the nationality and the privacy data statements. All the nationality agreed that there is protection in place for the protection of e-health data. There was no significance difference between the demographic data sets and the many data protection principles.

Originality/value

The findings on the users’ perception could help to evaluate the success in realizing current strategies and an action plan of benchmarking could be introduced.

Details

Benchmarking: An International Journal, vol. 25 no. 6
Type: Research Article
ISSN: 1463-5771

Keywords

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