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Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act

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Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Details

Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1975

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…

Abstract

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

Details

Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

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…

1327

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: 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…

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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: 1 January 1977

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that…

2112

Abstract

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

Details

Managerial Law, vol. 20 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 30 July 2019

Nkholedzeni Sidney Netshakhuma

This paper aims to assess the Protection of Personal Information Act (No. 4 of 2013) (POPIA) in South African (SA) universities sector with the objective to formulate code of

1174

Abstract

Purpose

This paper aims to assess the Protection of Personal Information Act (No. 4 of 2013) (POPIA) in South African (SA) universities sector with the objective to formulate code of conduct to improve compliance.

Design/methodology/approach

The case study approach was used in this study. Data were collected using interviews with the SA universities’ representatives during the POPIA consultative workshop.

Findings

The results showed that most of the participants were not aware of the POPIA, lack of collaboration between the legal practitioners, records managers and archivist. Internal control systems with Information Communication Technology (ICT) need to be in in place to provide information integrity and the value of international integrity with regard to the international students and staff.

Research limitations/implications

This paper is based on the first phase of the national consultative workshop with 25 SA public universities held between January and November 2018. The findings of the study are transferable to other sectors like health and infrastructure.

Practical implications

The findings are expected to be instrumental to the formulation of universities’ code of conduct in line with POPIA.

Social implications

The POPIA, if not properly implemented, can contribute to the violation of information integrity of the international students with regard to research and cultural exchange programme. Furthermore, it can affect SA trade relations with the European countries as it is a requirement for non- European countries to comply with the European Union General Data Protection Regulations (GDPR).

Originality/value

This study is useful to ensure consultation of the POPIA. Is also essential for the POPIA to be aligned with the international norms and standards such as GDPR.

Article
Publication date: 27 June 2008

Yohko Orito and Kiyoshi Murata

The purpose of this paper is to analyse incidents of personal information leakage in Japan based on Japanese socio‐cultural characteristics of information privacy and to consider…

1360

Abstract

Purpose

The purpose of this paper is to analyse incidents of personal information leakage in Japan based on Japanese socio‐cultural characteristics of information privacy and to consider how best to develop an effective personal information protection policy that conforms to Japanese situations as well as to the global requirement of personal information protection.

Design/methodology/approach

After describing recent incidents of personal information leakage in Japan, the paper examines the defects of the Act on Protection of Personal Information (APPI) that permit these incidents to continue. Subsequently, these incidents and the responses of the Japanese people in a manner that reflects the unique Japanese socio‐cultural characteristics of information privacy are analysed. Finally, the paper proposes a revision of APPI that conforms to these Japanese socio‐cultural characteristics as well as to the global requirement for personal information protection.

Findings

Personal information leakage cases and social responses in Japan reflect three Japanese socio‐cultural characteristics: Uchi/Soto awareness, insular collectivism and Hon'ne/Tatemae tradition. An effective law protecting personal information in Japan's cultural environment cannot be made simply by copying the privacy protection laws in western nations. Instead, legal protection of personal information should be drafted that reflects and takes into account these socio‐cultural characteristics.

Originality/value

This paper conducts analysis of incidents of personal information leakage in Japan based on Japanese socio‐cultural characteristics. A revision of APPI is proposed on the basis of the analysis. The paper's analysis and proposal would provide a good clue to develop effective measures to protect personal information and the right to information privacy in the global, multicultural information society.

Details

Journal of Information, Communication and Ethics in Society, vol. 6 no. 2
Type: Research Article
ISSN: 1477-996X

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

Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

Details

Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 7 October 2019

Kadriye Bakirci

Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of this…

Abstract

Purpose

Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of this paper is to analyse Turkish legislation which is applicable to work-related whistle-blowing, the conflict between the worker’s right to “blow the whistle” and the obligation to loyalty and confidentiality. The consequences of groundless or deliberate false disclosures are considered. Comparisons are made with international conventions, the COE Recommendation CM/Rec(2014)7 and the Proposed EU Directive on the Protection of Whistleblowers and ECtHR precedents.

Design/methodology/approach

In the first part, this paper reviews the definition of whistle-blowing and whistle-blower. The second part outlines the impact of international and EU Law on Turkish legislation. The third part reviews the Turkish legal framework applicable to whistle-blowing.

Findings

Whistle-blowing in the public interest is suggested as a tool to combat corruption worldwide. There is no doubt that some whistle-blowers have been beneficial to society. However without democratic structures to take into account the assessment of the quality of the information, the type of the disclosure and the category of the reporting person, there are downsides to excessive whistle-blowing. Therefore, whistle-blowing should be discussed in the context of democratic societies, and a balanced approach should be adopted to ensure the position of not only whistle-blowers but also the people affected by the reports.

Originality/value

The paper offers new insights into the limits of work-related whistle-blowing within the context of freedom of expression and the right of employees and public officials to petition. The protection of whistle-blowers and the consequences of groundless or deliberate false disclosures under Turkish Law from a comparative perspective are considered.

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