• Title/Summary/Keyword: Data Subject's Rights

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A Study on Legal Regulation of Neural Data and Neuro-rights (뇌신경 데이터의 법적 규율과 뇌신경권에 관한 소고)

  • Yang, Ji Hyun
    • The Korean Society of Law and Medicine
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    • v.21 no.3
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    • pp.145-178
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    • 2020
  • This paper examines discussions surrounding cognitive liberty, neuro-privacy, and mental integrity from the perspective of Neuro-rights. The right to control one's neurological data entails self-determination of collection and usage of one's data, and the right to object to any way such data may be employed to negatively impact oneself. As innovations in neurotechnologies bear benefits and downsides, a novel concept of the neuro-rights has been suggested to protect individual liberty and rights. In Oct. 2020, the Chilean Senate presented the 'Proyecto de ley sobre neuroderechos' to promote the recognition and protection of neuro-rights. This new bill defines all data obtained from the brain as neuronal data and outlaws the commerce of this data. Neurotechnology, especially when paired with big data and artificial intelligence, has the potential to turn one's neurological state into data. The possibility of inferring one's intent, preferences, personality, memory, emotions, and so on, poses harm to individual liberty and rights. However, the collection and use of neural data may outpace legislative innovation in the near future. Legal protection of neural data and the rights of its subject must be established in a comprehensive way, to adapt to the evolving data economy and technical environment.

LGBTQ's Human Rights and Library Services (LGBTQ의 인권과 도서관서비스)

  • Kim, Seon-Ho
    • Journal of Korean Library and Information Science Society
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    • v.46 no.4
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    • pp.21-44
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    • 2015
  • This study is to propose the directions of LGBTQ Friendly Library policies based on LGBTQ's human rights. To accomplish this purpose, this study comparatively analyzed key concepts from UN UDHR, ALA LBR, and IFLA statements up to scholarly library-articles related to LGBTQ with the inductive approach for qualitative data analysis. The result suggests the 7 directions of the library services policy-making for LGBTQ in practice : 1) Recommendations on the enhancement of the LGBTQ's human rights and library obligations, 2) Enforcement of librarians' education and training on LGBTQ subject matters, 3) Convergency on the various LGBTQ's information needs and the enlargement of library collections, 4) Development of search instruments on LGBTQ, 5) Secure library moods and no-distinctive use of its accommodations, 6) Cooperation system with NGO on LGBTQ, 7) Care and support on children and young adults experienced with LGBTQ.

Effect of Nurse's Perception of People with Disabilities, Experience of Contact with Persons with Disabilities, and Human Rights Sensitivity on Attitudes toward Persons with Disabilities (간호사의 장애인에 대한 인식, 장애인 접촉경험, 인권감수성이 장애인에 대한 태도에 미치는 영향)

  • Ahn, Eun-young;Lee, Hye-Kyung
    • Journal of the Korean Applied Science and Technology
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    • v.39 no.2
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    • pp.205-219
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    • 2022
  • This study is a descriptive research study to understand the effects of nurses' perception of the disabled, contact experience with the disabled, and human rights sensitivity on attitudes toward the disabled. The subjects of the study were 181 nurses working at two university hospitals in D City and one university hospital in C Special Self-Governing City. Data were collected from September 2, 2021 to October 6, 2021. The collected data wre analyzed using IBM SPSS 26.0 program, and analyzed with t-test, ANOVA, Pearson's Correlation Coefficients, and Multiple Regression Analysis. Factors affecting the subject's attitude toward people with disabilities were perception of people with disabilities(t=-3.96, p<.001), presence or absence of contact with patients with disabilities(t=3.23, p=.001), and the ability to perceive responsibility among human rights sensitivity(t=2.13, p=.035), whether or not they had completed education for improvement the awareness of the disabilities(t=2.90, p=.004), and whether they were recognized of the Act on the Right to Health and Medical Accessibility for the Disabled(t=2.44, p=.016), which showed 30% of explanatory power(F=9.36, p<.001). Accordingly, it is necessary to develop an educational program that can foster nurses' attitudes toward the disabled, including awareness of the disabled, human rights sensitivity, the Health Rights Act for the Disabled, and the experience of contact with the disabled.

A Study on Improving the Privacy for personal information collected for statistical processing (통계처리를 위해 수집된 개인정보에 대한 개인정보보호 개선방안에 관한 연구)

  • Bae, Sang-ho;Shin, Je-su;Chun, Sam-hyun;Chung, Hyun-soo
    • Journal of Convergence Society for SMB
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    • v.6 no.2
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    • pp.25-30
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    • 2016
  • Personal Information Protection Act does not apply to certain personal information processings and personal information management as well as the data subject's right to access to their personal information collected by public authorities pursuant to Statistics Act. Such exclusion may lead to problems such as misuse and mishandling of personal information by data controllers as well as infringement upon the data subejct's right to control over their personal information. This study is to find solutions to the above problems, considering the public interests of statistics and the facilitation of the collection and the use of statistics. Ultimately, the study is to suggest recommendations for the Personal Information Protection Act to ensure the data subject's rights to request access and rectification as well as safe management of the collected personal information.

Collection of Location Data and Human Rights to Information projected onto the Apple Inc.'s Case (애플사(社)의 위치정보 수집과 정보인권)

  • LEE, Min-Yeong
    • Informatization Policy
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    • v.19 no.1
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    • pp.74-90
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    • 2012
  • This thesis analyzes the Apple Inc.'s case from the viewpoint of the necessity for the protection of information privacy related to location data as for information society and ubiquitous community. Meanwhile, the regulatory conformity to equilibrium of contradictional value between personal data protection and utilization of information is debated from the fundamental right as for constitutional law concept to the commercial and technological structure in terms of economic and business point. Therefore, this paper reaches the conclusion that the legislative system should form a harmonious relationship between legal protection and lawful utilization to reappraise the present condition of legalization on personal data protection from guaranteeing rights and interests of information subject in the perspective of human rights to information guarantee consequently. As a result, it is required to revaluate the lawfulness of the fine on the violation of administrative duty levied by KCC(Korea Communications Commission).

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Oral History Research and Human Subject Research on Bioethics and Safety Law (구술사 연구와 「생명윤리법」의 인간대상연구)

  • Lee, Hosin
    • Journal of Korean Society of Archives and Records Management
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    • v.17 no.3
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    • pp.1-21
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    • 2017
  • Oral history research is carried out through collecting information about a living person. The data collected from an oral history project is not a mere fact or a mass of information but accounts of persons who reveal their own personalities. For this reason, oral history research and data collection and the use of such data must be based on rigorous ethical standards. The Bioethics and Safety Law shares a similar view on human subject research, and the Institutional Review Boards includes human subject research as a subject of review and management. However, the Bioethics and Safety Law's protection of personalities and human rights focuses on life sciences methodologies, which are not suitable for qualitative research, such as an oral history of a value oriented and critical approach to human beings. This study examines the details of the Bioethics and Safety Law related to human subject research and the problems that may arise when this law is applied to subjects in humanities and social sciences such as oral history. Through this study, alternative methodologies, which can be used for oral history research, while maintaining academic autonomy, are suggested.

Research on a Model that reflects requests to suspend processing personal data in real time (개인정보 처리정지 요청을 실시간 반영하는 모델 연구)

  • Younhee Hong;Sang-Soo Ye
    • Journal of Platform Technology
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    • v.12 no.1
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    • pp.141-150
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    • 2024
  • The importance of personal data protection is increasingly emphasized both at home and abroad, and while overseas countries are applying various policies and dynamic management technologies, there are some gaps between compliance with laws and regulations and the application of technologies in Korea, and there are few user interfaces that provide convenient ways for data subjects to stop processing personal data. This study first analyzes the need for dynamic personal information consent management technology, the current state of the industry, and the prospects for its development. Next, this study proposes a basic model for dynamic management of personal information consent that maximizes the data subject's right to personal data self-determination while strictly complying with personal data protection laws in Republic of Korea. In particular, this study analyzes the basis of domestic laws and regulations related to the suspension of personal data processing, designs a basic model of personal data consent dynamic management interface, and presents its effectiveness. Based on the results of this study, we expect that the proposed dynamic management model for personal data use consent can be used in various ways for various websites and applications in the future.

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A Framework and Guidelines for Personal Data Breach Notification Act (개인정보 유출 시 통지.신고 프레임워크 및 가이드라인)

  • Lee, Chung-Hun;Ko, Yu-Mi;Kim, Beom-Soo
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.21 no.5
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    • pp.169-179
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    • 2011
  • Recent personal data breach incidences draw the public's attention to their privacy and personal rights. The new personal data protection law effective in September 2009 imposes additional legal responsibility on personal data controllers and processors. For instance, if a data breach occurs, this new law requires that the processors must notify individuals (data subjects) and data protection authorities of the nature of incidents. This research reviews the U.S. forty six state laws and related acts, and offers a framework for managing incidents. This framework includes five major components: (1) type of personal data required to be reported and notified, (2) the ultimate subject notifying data subjects, (3) event occurrence and notification time phases, (4) notification message details, and (5) direct/indirect communication media. Along with this framework, we also offer directions for effective/manageable guidelines on data breach notification act.

GDPR Compliant Blockchain Based Access Control(GCBAC) (GDPR 준수 가능한 블록체인 기반 접근제어 시스템)

  • Lim, Joon Ho;Chun, Ji Young;Noh, Geontae;Jeong, Ik Rae
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.6
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    • pp.981-997
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    • 2020
  • Blockchain technology can provide a high level security based on a decentralized distributed ledger and consensus-based structure. In order to increase the utilization of blockchain technology, it is necessary to find a way to use it in fields that require personal data processing such as health care and e-commerce. To achieve this goal, the blockchain based system should be able to comply with data privacy regulations represented by European Union(EU)'s GDPR(General Data Protection Regulation). However, because of the properties of the blockchain like the immutability and decentralized recorded data, it is difficult to technically implement the requirements of the existing privacy regulations on the blockchain. In this paper, we propose a multi-chain based access control system that can guarantee the rights of the personal data subject required by GDPR by utilizing Chameleon Hash and Attribute Based Encryption (ABE). Finally, we will show through security analysis that our system can handle personal data while maintaining confidentiality and integrity.

An Analysis on Planners and Project Objectives of Kakao Storyfunding

  • Yoon, Haing Seok;Kim, Kyoung Soo
    • Journal of Integrative Natural Science
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    • v.11 no.4
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    • pp.212-225
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    • 2018
  • This study is based on the purpose of organizing and planning a fundraising for Daum Kakao's 'storyfunding' during the recent crowdfunding that uses mobile-based Internet platforms to raise funds. Analysis by project subjects shows that one planner is more efficient if the ability of one planner, such as 'publishing', is important. However, there were many group A types of contents that require variety of expertise such as 'campaign' and 'journalism' after funding is completed. As a result of analysis by planning purposes, there were the most funds available to produce contents. This is a sign that there are many projects that match the basic purpose of story funding. There are also many other purposes for the purpose of raising public opinion for the project or the establishment of monuments, or for the support of people, animals, or animal rights groups. And there is a private equity fund to sell or promote products. Such quantitative research and analysis will accurately determine the current situation of crowdfunding and will provide basic data such as efficient human composition and goals setting to achieve the goals of crowdfunding in the future.