Search results

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.

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.

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.

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.

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.

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.

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.

Argues that online privacy rights of consumers are not absolute rights but joint ownership privileges they share with online marketers. Consumers can voluntarily transfer these privileges to online marketers under certain mutually agreeable conditions. Accordingly, online marketers can facilitate, motivate and compensate such transfers by designing various innovative personalization strategies that, rather than jeopardize the privacy privileges of consumers, would benefit them. Technology and society can progress only through such partnerships. Cites two consistently successful net companies, Dell and eBay, as examples of such partnered personalizations.

The purpose of this paper is to reconsider the concept of the right to information privacy and to propose, from a Japanese perspective, a revised conception of this right that is suitable for the modern information society.

First, the concept of privacy and personal information protection in the information society is briefly explained. After that, confused situations in Japan caused by the enforcement of Act on the Protection of Personal Information are described followed by the analysis of the Japanese socio‐cultural circumstances surrounding privacy. Based on these, the effectiveness of the concept of the right to information privacy in the Japanese socio‐cultural and economic context is examined and the need to rethink the concept of the right to information privacy discussed. Finally, a revised conception of the right is proposed.

In view of the circumstances in Japan, the concept of the right to information privacy, defined as “an individual's right to control the circulation of information relating to him/herself”, as well as the Organisation for Economic Co‐operation and Development's eight principles already become outdated in today's sophisticated information‐communication society. There is a need to control/restrict use of personal information so that individuals' autonomy and freedom is ensured in the current situation and to revise the concept of the right to information privacy based on this idea.

This paper proposes a revision of the concept of the right to information privacy focused on control of, not access to, use of personal information. The revised concept is defined so that individuals' autonomy and freedom is ensured even in the “informational transparent” society.

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?

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

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.

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.

The purpose of this paper is to review and discuss evidence of good practice in respecting care home residents’ right to privacy. The right to privacy is a fundamental human right as enshrined in international and domestic law and standards. In the context of increasing interest in using a human rights approach to social care in care homes for older people, this literature review summarises research evidence on what respecting the human right to privacy of care home residents entails in practice.

This literature review followed a rigorous systematic approach to the scoping review, inspired by the Joanna Biggs Institute’s guidelines for conducting systematic reviews. A total of 12 articles were included in the review.

The research took a multidimensional understanding of privacy in their studies. The dimensions can be categorised as physical, inter-relational or related to personal data. The review highlights three good practice points. First, it is good privacy practice in care homes to make available single-occupancy bedrooms to residents since this offers the opportunity to personalising this physical space with furniture and web belongings, adding a sense of ownership over the space. Second, residents appreciate being able to choose when and how they spend their time in their own bedrooms. Third, it is good practice to respect residents’ private physical space and private choices, for example by knocking on doors before entering or agreeing with the resident when it is permissible to enter. The review also found that in some studies privacy considerations were relevant to communal living areas within care homes, including the use of surveillance cameras and the sharing of personal data.

This literature review adds to the body of academic literature on human rights and social care in practice. It also highlights areas for future research relating to the right to privacy in care homes.

Cyber-enabled crimes are on the increase, and law enforcement has had to expand many of their detecting activities into the digital domain. As such, the field of digital forensics has become far more sophisticated over the years and is now able to uncover even more evidence that can be used to support prosecution of cyber criminals in a court of law. Governments, too, have embraced the ability to track suspicious individuals in the online world. Forensics investigators are driven to gather data exhaustively, being under pressure to provide law enforcement with sufficient evidence to secure a conviction.

Yet, there are concerns about the ethics and justice of untrammeled investigations on a number of levels. On an organizational level, unconstrained investigations could interfere with, and damage, the organization's right to control the disclosure of their intellectual capital. On an individual level, those being investigated could easily have their legal privacy rights violated by forensics investigations. On a societal level, there might be a sense of injustice at the perceived inequality of current practice in this domain.

This paper argues the need for a practical, ethically grounded approach to digital forensic investigations, one that acknowledges and respects the privacy rights of individuals and the intellectual capital disclosure rights of organizations, as well as acknowledging the needs of law enforcement. The paper derives a set of ethical guidelines, and then maps these onto a forensics investigation framework. The framework to expert review in two stages is subjected, refining the framework after each stage. The paper concludes by proposing the refined ethically grounded digital forensics investigation framework. The treatise is primarily UK based, but the concepts presented here have international relevance and applicability.

In this paper, the lens of justice theory is used to explore the tension that exists between the needs of digital forensic investigations into cybercrimes on the one hand, and, on the other, individuals' rights to privacy and organizations' rights to control intellectual capital disclosure.

The investigation revealed a potential inequality between the practices of digital forensics investigators and the rights of other stakeholders. That being so, the need for a more ethically informed approach to digital forensics investigations, as a remedy, is highlighted and a framework proposed to provide this.

The proposed ethically informed framework for guiding digital forensics investigations suggests a way of re-establishing the equality of the stakeholders in this arena, and ensuring that the potential for a sense of injustice is reduced.

Justice theory is used to highlight the difficulties in squaring the circle between the rights and expectations of all stakeholders in the digital forensics arena. The outcome is the forensics investigation guideline, PRECEpt: Privacy-Respecting EthiCal framEwork, which provides the basis for a re-aligning of the balance between the requirements and expectations of digital forensic investigators on the one hand, and individual and organizational expectations and rights, on the other.

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.

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

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.

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

The purpose of this paper is to provide a survey piece on the concept of privacy and the justification of privacy rights.

This article reviews each of the following areas: a brief history of privacy; philosophical definitions of privacy along with specific critiques; legal conceptions of privacy, including the history of privacy protections granted in constitutional and tort law; and general critiques of privacy protections both moral and legal.

A primary goal of this article has been to provide an overview of the most important philosophical and legal issues related to privacy. While privacy is difficult to define and has been challenged on legal and moral grounds, it is a cultural universal and has played an important role in the formation of Western liberal democracies.

The paper provides a general overview of the issues and debates that frame this lively area of scholarly inquiry. By facilitating a wider engagement and input from numerous communities and disciplines, it is the authors' hope to advance scholarly debate in this important area.

In care homes concerns about abuse have established a culture where all information pertaining to a person must be shared, and little attention is paid to privacy in its broader sense. The purpose of this paper is to take a human rights perspective and consider how information governance may impact on the health, well-being and quality of life of residents. It proposes a proactive approach and presents a template for a privacy impact assessment which services could use to improve their approach to privacy, protecting the human rights of those in their care, contributing to their independence and improving outcomes.

A review of historical and current thinking about the value of privacy in human services and wider society leads to a series of challenges to the way in which privacy is upheld in residential care services.

Recent preoccupations with data privacy have led to a myopic neglect of broader considerations of privacy. Whilst it continues to be important to protect the confidentiality of personal data and to ensure that residents are protected from abuse, human services that provide 24 hour care in congregated settings must not neglect broader components of privacy.

Privacy impact assessments have been widely used to check whether data privacy is being upheld. The broader concept that might be termed “Big Privacy” is introduced within which data privacy is but one section. It is suggested that big privacy is severely compromised in residential care settings, thus denying residents their human right to privacy. The extent of such violation of rights should be investigated.

Having set out the potential reach of the human right to privacy, important work needs to be done to find out how privacy might be upheld in the real world of congregate residential care. Some service providers may have solutions to the organisational challenges, have addressed staff training needs and revised risk assessment strategies so that privacy is upheld alongside other rights.

Nearly half a million people live in congregate residential care settings in England, and deprivation of privacy is argued to be a significant deprivation of human rights. Occasional tragedies and scandals in congregate settings create pressure for increasing the level of surveillance, and the right to privacy is sacrificed. This paper offers a challenge to this process, arguing that competing rights need to be balanced and privacy is an essential component of a decent quality of life.

Personal growth and development depends to some extent on choice and control over access to privacy. Recent changes in the law regarding data protection have narrowed our thinking about privacy until it is a small concept, largely concerned with data handling. This paper invites consideration of big privacy, and invites congregate residential care settings to consider how a deep and broad definition of privacy could transform these services.