42 research outputs found
Realising the right to data portability for the domestic Internet of Things
There is an increasing role for the IT design community to play in regulation
of emerging IT. Article 25 of the EU General Data Protection Regulation (GDPR)
2016 puts this on a strict legal basis by establishing the need for information
privacy by design and default (PbD) for personal data-driven technologies.
Against this backdrop, we examine legal, commercial and technical perspectives
around the newly created legal right to data portability (RTDP) in GDPR. We are
motivated by a pressing need to address regulatory challenges stemming from the
Internet of Things (IoT). We need to find channels to support the protection of
these new legal rights for users in practice. In Part I we introduce the
internet of things and information PbD in more detail. We briefly consider
regulatory challenges posed by the IoT and the nature and practical challenges
surrounding the regulatory response of information privacy by design. In Part
II, we look in depth at the legal nature of the RTDP, determining what it
requires from IT designers in practice but also limitations on the right and
how it relates to IoT. In Part III we focus on technical approaches that can
support the realisation of the right. We consider the state of the art in data
management architectures, tools and platforms that can provide portability,
increased transparency and user control over the data flows. In Part IV, we
bring our perspectives together to reflect on the technical, legal and business
barriers and opportunities that will shape the implementation of the RTDP in
practice, and how the relationships may shape emerging IoT innovation and
business models. We finish with brief conclusions about the future for the RTDP
and PbD in the IoT
Copyright in the Palestinian territories : Setting the scene
Setting the scene of copyright in Palestine is the aim of this chapter. Section 2 highlights the main players and obstacles that effect and interact with upholding a copyright system in Palestine. In particular, it discusses the effect of the political and legislative status of Palestine on the ability to legislate copyright law. This discussion depends on the Oslo Accords—as the legal framework, the Palestinian Authority (PA)—as the self-governmental body in charge, and the Palestinian Legislative Council (PLC) which has ceased to function since 2007. Section 3 argues for the necessity of legislating copyright law in Palestine under the current legislative mechanism that is the Presidential Decrees, it supports its argument through showing the urgent need of the locals to have an effective copyright system in place, and highlights the link between copyright regulations and access to knowledge, especially in the current financial crises of the higher education in Palestine. Section 4 presents an overview of the current copyright law in Palestine and briefly assesses the law against the developments in the international copyright system. Section 5 argues for reform and advocates for switching to fair use as a flexible tool to exceptions and limitations on copyright
Data Privacy and Protection: The Role of Regulation and Implications for Data Controllers in Developing Countries
Part 5: Business Innovation and Data PrivacyInternational audienceAdvances in new technologies present challenges to general expectations relating to collection, usage and cross-border control and transfer of personal data in recent times. Data has become the critical component of the fourth industrial revolution in global economies involving governments, businesses, and individuals. This paper considers the recent introduction of Data Protection Regulation in Nigeria (NDPR), which can be adjudged to have novel compliance structures globally. Using a qualitative approach, and further enabled by the institutional theory as a framework the paper examines the implications of the NDPR requirements for Data Controllers and Processors in key sectors of the economy. Findings from the study shows that there are five key components of the NDPR that can compel, motivate or support organizations to make significant structural changes such as standardization of processes, practices and IT assets to show conformity and/or gain legitimacy. The study equally identified the factors that facilitate or inhibit the adoption and implementation of the conditions of the NDPR categorised in line with the three pillars of the institutional theory framework. These findings projects policy direction in enhancing the institutionalisation of NDPR measures across key sectors. It will also inform businesses on necessary cause of action and changes to ensure privacy and protection of personal data collected from data subjects
