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Noellie Brockdorff - One of the best experts on this subject based on the ideXlab platform.

  • informed consent in social media use the gap between user expectations and eu Personal Data Protection law
    Script-ed: a journal of law and technology, 2013
    Co-Authors: Bart Custers, Bart Schermer, Sandra Applebyarnold, Noellie Brockdorff
    Abstract:

    In this paper, user expectations with regard to privacy and consent when using social media are compared with the EU legal framework for Personal Data Protection. This analysis is based on a set of criteria for informed consent distilled from an analytical bibliography. User expectations regarding these criteria are derived from survey results. For each of the criteria for informed consent it is assessed whether there exists legal provisions in the existing EU Personal Data Protection law and in the proposed legal framework in this area. A gap analysis between user expectations regarding each criterion and the availability or absence of related legal provisions shows that many but not all aspects of consent are addressed in both the current and the proposed legislation. Furthermore, the EU Personal Data Protection legislation only provides a very general scope regarding consent and does not contain many details on what adequate consent procedures should look like. There is, at some points, a disconnect between the abstract legal provisions and the concrete practical implementations in the architecture and privacy statements of social media. Suggestions for solving these disconnects are made by suggesting changes at a practical level, by adjusting the legal framework, or both. Finally, the limits of the current models for Personal Data Protection and consent are discussed. DOI: 10.2966/scrip. 100413.435 © Bart Custers. Simone van der Hof, Bart Schermer, Sandra ApplebyArnold, Noellie Brockdorff 2013. This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. Please click on the link to read the terms and conditions. * Research Manager, Faculty of Law, Leiden University. ** Professor, Faculty of Law, Leiden University. *** Assistant Professor, Faculty of Law, Leiden University. **** Department of Cognitive Science, University of Malta. (2013) 10:4 SCRIPTed 436

  • Informed Consent in Social Media Use – The Gap between User Expectations and EU Personal Data Protection Law
    2013
    Co-Authors: Bart Custers, Bart Schermer, Simone Van Der Hof, Sandra Appleby-arnold, Noellie Brockdorff
    Abstract:

    In this paper, user expectations with regard to privacy and consent when using social media are compared with the EU legal framework for Personal Data Protection. This analysis is based on a set of criteria for informed consent distilled from an analytical bibliography. User expectations regarding these criteria are derived from survey results. For each of the criteria for informed consent it is assessed whether there exists legal provisions in the existing EU Personal Data Protection law and in the proposed legal framework in this area. A gap analysis between user expectations regarding each criterion and the availability or absence of related legal provisions shows that many but not all aspects of consent are addressed in both the current and the proposed legislation. Furthermore, the EU Personal Data Protection legislation only provides a very general scope regarding consent and does not contain many details on what adequate consent procedures should look like. There is, at some points, a disconnect between the abstract legal provisions and the concrete practical implementations in the architecture and privacy statements of social media. Suggestions for solving these disconnects are made by suggesting changes at a practical level, by adjusting the legal framework, or both. Finally, the limits of the current models for Personal Data Protection and consent are discussed.

  • informed consent in social media use the gap between user expectations and eu Personal Data Protection law
    2013
    Co-Authors: Bart Custers, Bart Schermer, Sandra Applebyarnold, Simone Van Der Hof, Noellie Brockdorff
    Abstract:

    In this paper, user expectations with regard to privacy and consent when using social media are compared with the EU legal framework for Personal Data Protection. This analysis is based on a set of criteria for informed consent distilled from an analytical bibliography. User expectations regarding these criteria are derived from survey results. For each of the criteria for informed consent it is assessed whether there exists legal provisions in the existing EU Personal Data Protection law and in the proposed legal framework in this area. A gap analysis between user expectations regarding each criterion and the availability or absence of related legal provisions shows that many but not all aspects of consent are addressed in both the current and the proposed legislation. Furthermore, the EU Personal Data Protection legislation only provides a very general scope regarding consent and does not contain many details on what adequate consent procedures should look like. There is, at some points, a disconnect between the abstract legal provisions and the concrete practical implementations in the architecture and privacy statements of social media. Suggestions for solving these disconnects are made by suggesting changes at a practical level, by adjusting the legal framework, or both. Finally, the limits of the current models for Personal Data Protection and consent are discussed.

Dirk Draheim - One of the best experts on this subject based on the ideXlab platform.

  • Aspects of Personal Data Protection from State and Citizen Perspectives – Case of Georgia
    2019
    Co-Authors: Mariam Tsulukidze, Kartin Nyman-metcalf, Valentyna Tsap, Ingrid Pappel, Dirk Draheim
    Abstract:

    This paper aims to investigate the process of Personal Data Protection in Georgia within the frame of e-governance, focusing on available legal and technological protecting mechanisms, their practical usage and importance for realizing principles of good governance in the state. The scope of this research is defined by the Protection of state Databases containing citizen’s Personal Data. Its key legal and technological aspects are identified and analyzed. The potential of proper Data Protection to act as the enabler of e-governance services success is also evaluated. We explore the defense mechanisms of Georgian governmental entities by conducting interviews with seven experts from the Personal Data Protection Inspectorate and other public entities handling citizens’ Data. We study citizens’ perception of Data safety and the citizens’ knowledge of existing monitoring mechanisms through analysis of over 400 responses that we have received to our survey. We also analyze and assess the influence of these factors on the success of e-governance and its broad diffusion. Finally, guidelines and recommendations are formulated for raising citizens’ awareness on the Data Protection mechanisms to be used in future theoretical and practical considerations.

  • I3E - Aspects of Personal Data Protection from State and Citizen Perspectives – Case of Georgia
    Lecture Notes in Computer Science, 2019
    Co-Authors: Mariam Tsulukidze, Kartin Nyman-metcalf, Valentyna Tsap, Ingrid Pappel, Dirk Draheim
    Abstract:

    This paper aims to investigate the process of Personal Data Protection in Georgia within the frame of e-governance, focusing on available legal and technological protecting mechanisms, their practical usage and importance for realizing principles of good governance in the state. The scope of this research is defined by the Protection of state Databases containing citizen’s Personal Data. Its key legal and technological aspects are identified and analyzed. The potential of proper Data Protection to act as the enabler of e-governance services success is also evaluated. We explore the defense mechanisms of Georgian governmental entities by conducting interviews with seven experts from the Personal Data Protection Inspectorate and other public entities handling citizens’ Data. We study citizens’ perception of Data safety and the citizens’ knowledge of existing monitoring mechanisms through analysis of over 400 responses that we have received to our survey. We also analyze and assess the influence of these factors on the success of e-governance and its broad diffusion. Finally, guidelines and recommendations are formulated for raising citizens’ awareness on the Data Protection mechanisms to be used in future theoretical and practical considerations.

Bart Custers - One of the best experts on this subject based on the ideXlab platform.

  • informed consent in social media use the gap between user expectations and eu Personal Data Protection law
    Script-ed: a journal of law and technology, 2013
    Co-Authors: Bart Custers, Bart Schermer, Sandra Applebyarnold, Noellie Brockdorff
    Abstract:

    In this paper, user expectations with regard to privacy and consent when using social media are compared with the EU legal framework for Personal Data Protection. This analysis is based on a set of criteria for informed consent distilled from an analytical bibliography. User expectations regarding these criteria are derived from survey results. For each of the criteria for informed consent it is assessed whether there exists legal provisions in the existing EU Personal Data Protection law and in the proposed legal framework in this area. A gap analysis between user expectations regarding each criterion and the availability or absence of related legal provisions shows that many but not all aspects of consent are addressed in both the current and the proposed legislation. Furthermore, the EU Personal Data Protection legislation only provides a very general scope regarding consent and does not contain many details on what adequate consent procedures should look like. There is, at some points, a disconnect between the abstract legal provisions and the concrete practical implementations in the architecture and privacy statements of social media. Suggestions for solving these disconnects are made by suggesting changes at a practical level, by adjusting the legal framework, or both. Finally, the limits of the current models for Personal Data Protection and consent are discussed. DOI: 10.2966/scrip. 100413.435 © Bart Custers. Simone van der Hof, Bart Schermer, Sandra ApplebyArnold, Noellie Brockdorff 2013. This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. Please click on the link to read the terms and conditions. * Research Manager, Faculty of Law, Leiden University. ** Professor, Faculty of Law, Leiden University. *** Assistant Professor, Faculty of Law, Leiden University. **** Department of Cognitive Science, University of Malta. (2013) 10:4 SCRIPTed 436

  • Informed Consent in Social Media Use – The Gap between User Expectations and EU Personal Data Protection Law
    2013
    Co-Authors: Bart Custers, Bart Schermer, Simone Van Der Hof, Sandra Appleby-arnold, Noellie Brockdorff
    Abstract:

    In this paper, user expectations with regard to privacy and consent when using social media are compared with the EU legal framework for Personal Data Protection. This analysis is based on a set of criteria for informed consent distilled from an analytical bibliography. User expectations regarding these criteria are derived from survey results. For each of the criteria for informed consent it is assessed whether there exists legal provisions in the existing EU Personal Data Protection law and in the proposed legal framework in this area. A gap analysis between user expectations regarding each criterion and the availability or absence of related legal provisions shows that many but not all aspects of consent are addressed in both the current and the proposed legislation. Furthermore, the EU Personal Data Protection legislation only provides a very general scope regarding consent and does not contain many details on what adequate consent procedures should look like. There is, at some points, a disconnect between the abstract legal provisions and the concrete practical implementations in the architecture and privacy statements of social media. Suggestions for solving these disconnects are made by suggesting changes at a practical level, by adjusting the legal framework, or both. Finally, the limits of the current models for Personal Data Protection and consent are discussed.

  • informed consent in social media use the gap between user expectations and eu Personal Data Protection law
    2013
    Co-Authors: Bart Custers, Bart Schermer, Sandra Applebyarnold, Simone Van Der Hof, Noellie Brockdorff
    Abstract:

    In this paper, user expectations with regard to privacy and consent when using social media are compared with the EU legal framework for Personal Data Protection. This analysis is based on a set of criteria for informed consent distilled from an analytical bibliography. User expectations regarding these criteria are derived from survey results. For each of the criteria for informed consent it is assessed whether there exists legal provisions in the existing EU Personal Data Protection law and in the proposed legal framework in this area. A gap analysis between user expectations regarding each criterion and the availability or absence of related legal provisions shows that many but not all aspects of consent are addressed in both the current and the proposed legislation. Furthermore, the EU Personal Data Protection legislation only provides a very general scope regarding consent and does not contain many details on what adequate consent procedures should look like. There is, at some points, a disconnect between the abstract legal provisions and the concrete practical implementations in the architecture and privacy statements of social media. Suggestions for solving these disconnects are made by suggesting changes at a practical level, by adjusting the legal framework, or both. Finally, the limits of the current models for Personal Data Protection and consent are discussed.

Edwin Lee Yong Cieh - One of the best experts on this subject based on the ideXlab platform.

  • Personal Data Protection Act 2010: An Overview Analysis
    Beyond Data Protection, 2012
    Co-Authors: Edwin Lee Yong Cieh
    Abstract:

    Essentially, the Personal Data Protection Act 2010 (‘PDPA’) protects Data privacy (as opposed to general privacy). The PDPA basically applies to any form of processing of Personal Data in respect of commercial transactions. The PDPA governs the way Personal Data is collected, used, transferred or even deleted. Any person who processes Personal Data (‘Data user’) of an individual (‘Data subject’) is required to comply with the seven Personal Data Protection principles (‘PDP Principles’) under the PDPA. The PDPA also grants several rights to Data subjects. In this chapter, the author starts off by explaining the various definitions and terminologies under the PDPA, the application and non-application of the PDPA, followed by the detailed elaboration on the application of the PDP Principles. The author also sets out the various exemptions, the rights of Data subjects as well as criminal offences in easy-to-read table formats.

  • Personal Data Protection and Privacy Law in Malaysia
    Beyond Data Protection, 2012
    Co-Authors: Edwin Lee Yong Cieh
    Abstract:

    Personal Data Protection is increasingly gaining its popularity and legal recognition in many jurisdictions around the world including Malaysia. In June 2010, the Malaysian Parliament finally enacted the Personal Data Protection Act 2010 (‘PDPA’), after a long wait of more than 10 years since the late 1990s. The PDPA will have significant impacts on how Personal Data is processed by organisations and business entities. In the first part of this chapter, the author explains the rationale for having a Personal Data Protection law in Malaysia, and makes a conclusion as to whether the PDPA has addressed most of the rationale cited in this chapter.

  • Limitations of the Personal Data Protection Act 2010 and Personal Data Protection in Selected Sectors
    Beyond Data Protection, 2012
    Co-Authors: Edwin Lee Yong Cieh
    Abstract:

    While it is commendable that the Personal Data Protection Act 2010 (‘PDPA’) was finally passed by the Malaysian parliament after a long wait of a decade, the PDPA has received several criticisms due to its peculiar limitations. This chapter addresses many of these limitations and draws comparative analysis with Data Protection law in other jurisdictions. In addition to the PDPA, there are also several sectoral rules and regulations which specifically govern processing of Personal Data in certain sectors such as the banking and financial institutions sectors, healthcare sector, insurance sector, telecommunications and multimedia sectors. The Malaysian Parliament also passed the Credit Reporting Agencies Act 2010 to govern the processing of credit information by credit reporting agency in Malaysia. The author examines the relevant rules and regulations in these respective sectors.

Mariam Tsulukidze - One of the best experts on this subject based on the ideXlab platform.

  • Aspects of Personal Data Protection from State and Citizen Perspectives – Case of Georgia
    2019
    Co-Authors: Mariam Tsulukidze, Kartin Nyman-metcalf, Valentyna Tsap, Ingrid Pappel, Dirk Draheim
    Abstract:

    This paper aims to investigate the process of Personal Data Protection in Georgia within the frame of e-governance, focusing on available legal and technological protecting mechanisms, their practical usage and importance for realizing principles of good governance in the state. The scope of this research is defined by the Protection of state Databases containing citizen’s Personal Data. Its key legal and technological aspects are identified and analyzed. The potential of proper Data Protection to act as the enabler of e-governance services success is also evaluated. We explore the defense mechanisms of Georgian governmental entities by conducting interviews with seven experts from the Personal Data Protection Inspectorate and other public entities handling citizens’ Data. We study citizens’ perception of Data safety and the citizens’ knowledge of existing monitoring mechanisms through analysis of over 400 responses that we have received to our survey. We also analyze and assess the influence of these factors on the success of e-governance and its broad diffusion. Finally, guidelines and recommendations are formulated for raising citizens’ awareness on the Data Protection mechanisms to be used in future theoretical and practical considerations.

  • I3E - Aspects of Personal Data Protection from State and Citizen Perspectives – Case of Georgia
    Lecture Notes in Computer Science, 2019
    Co-Authors: Mariam Tsulukidze, Kartin Nyman-metcalf, Valentyna Tsap, Ingrid Pappel, Dirk Draheim
    Abstract:

    This paper aims to investigate the process of Personal Data Protection in Georgia within the frame of e-governance, focusing on available legal and technological protecting mechanisms, their practical usage and importance for realizing principles of good governance in the state. The scope of this research is defined by the Protection of state Databases containing citizen’s Personal Data. Its key legal and technological aspects are identified and analyzed. The potential of proper Data Protection to act as the enabler of e-governance services success is also evaluated. We explore the defense mechanisms of Georgian governmental entities by conducting interviews with seven experts from the Personal Data Protection Inspectorate and other public entities handling citizens’ Data. We study citizens’ perception of Data safety and the citizens’ knowledge of existing monitoring mechanisms through analysis of over 400 responses that we have received to our survey. We also analyze and assess the influence of these factors on the success of e-governance and its broad diffusion. Finally, guidelines and recommendations are formulated for raising citizens’ awareness on the Data Protection mechanisms to be used in future theoretical and practical considerations.