• Title/Summary/Keyword: data protection law

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Criminal And Legal Protection Of Information Relations

  • Manzhai, Oleksandr;Kuryliuk, Yurii;Miroshnykov, Ivan;Syiploki, Mykola;Vazhynskyi, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.22 no.5
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    • pp.284-288
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    • 2022
  • The article analyzes the regulations of current criminal law, which ensures the protection and protection of information relations, offers the optimal model of the system of norms of the Criminal Code of Ukraine, which establishes liability for violation of information. The subject of the article is protected information, which should include information or data, the procedure for access to and distribution of which, regardless of the method of submission, storage or organization, are subject to legal regulation in accordance with laws and regulations. For the purposes of criminal law, information as an object of criminal law protection should be classified on the following grounds: depending on the content: personal or family secrets; information constituting a state secret; data included in the official secret; information that constitutes a professional secret; information that constitutes a commercial, tax, banking secret, and, depending on the medium - documented and undocumented.

A Study on Legal Protection, Inspection and Delivery of the Copies of Health & Medical Data (보건의료정보의 법적 보호와 열람.교부)

  • Jeong, Yong-Yeub
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.359-395
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    • 2012
  • In a broad term, health and medical data means all patient information that has been generated or circulated in government health and medical policies, such as medical research and public health, and all sorts of health and medical fields as well as patients' personal data, referred as medical data (filled out as medical record forms) by medical institutions. The kinds of health and medical data in medical records are prescribed by Articles on required medical data and the terms of recordkeeping in the Enforcement Decree of the Medical Service Act. As EMR, OCS, LIS, telemedicine and u-health emerges, sharing and protecting digital health and medical data is at issue in these days. At medical institutions, health and medical data, such as medical records, is classified as "sensitive information" and thus is protected strictly. However, due to the circulative property of information, health and medical data can be public as well as being private. The legal grounds of health and medical data as such are based on the right to informational self-determination, which is one of the fundamental rights derived from the Constitution. In there, patients' rights to refuse the collection of information, to control recordkeeping (to demand access, correction or deletion) and to control using and sharing of information are rooted. In any processing of health and medical data, such as generating, recording, storing, using or disposing, privacy can be violated in many ways, including the leakage, forgery, falsification or abuse of information. That is why laws, such as the Medical Service Act and the Personal Data Protection Law, and the Guideline for Protection of Personal Data at Medical Institutions (by the Ministry of Health and Welfare) provide for technical, physical, administrative and legal safeguards on those who handle personal data (health and medical information-processing personnel and medical institutions). The Personal Data Protection Law provides for the collection, use and sharing of personal data, and the regulation thereon, the disposal of information, the means of receiving consent, and the regulation of processing of personal data. On the contrary, health and medical data can be inspected or delivered of the copies, based on the principle of restriction on fundamental rights prescribed by the Constitution. For instance, Article 21(Access to Record) of the Medical Service Act, and the Personal Data Protection Law prescribe self-disclosure, the release of information by family members or by laws, the exchange of medical data due to patient transfer, the secondary use of medical data, such as medical research, and the release of information and the release of information required by the Personal Data Protection Law.

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Issues of Harmonization of ISO 9001 Standard and the Law 09-08. Protection of Personal Data in Morocco: Potentials and Risks

  • Adil CHEBIR ;Ibtissam EL MOURY;Adil ECHCHELH;Omar TAOUAB
    • International Journal of Computer Science & Network Security
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    • v.23 no.10
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    • pp.57-66
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    • 2023
  • Since 2009, Morocco has had a law governing the processing of personal data, the law 09-08, and a supervisory authority, the CNDP (National Commission for the Protection of Personal Data). Since May 2018, the European General Regulation on the Protection of Personal Data (GDPR) entered into force, which applies outside the EU in certain cases and therefore to certain Moroccan companies. The question of the protection of personal data is primarily addressed to the customer. The latter may not only be a victim of crime linked to ICT, but also have to face risks linked to the collection and abusive processing of his personal data by the private and public sectors. Often the customer does not really know how their data is stored, nor for how long and for what purpose. This fact raises the question of satisfying customer requirements, in particular for organizations that have adopted a quality approach based on ISO 9001 standard.In order to master these constraints, Moroccan companies have to adopt strategies based on modern quality management techniques, especially the adoption of principles issued from the international standard ISO 9001 while being confirmed by the law 09-08. It is through ISO 9001 and the law 09-08 that these companies can refer to recognized approaches in terms of quality and compliance. The major challenge for these companies is to have a Quality approach that allows the coexistence between the law 09-08 and ISO 9001 standard and this article deals within this specific context.

A Study on the Data Basic Law and the Personal Information Security Issue (데이터 기본법과 개인정보보호 이슈에 관한 고찰)

  • Kim, Jong-Won;Park, Jin-Hyung
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2022.05a
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    • pp.9-11
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    • 2022
  • In order to sustain and revitalize the fourth industrial revolution and data economy, the world's first 'data basic law' has been enacted and implemented in Korea.,However, the law prioritizes the activation of data industry and the activation of data production, distribution and use that deals with the protection of data assets, so it can be applied and interpreted more than the Personal Information Protection Act or the Copyright Act.,In this paper, the main contents of the data basic law are examined and the personal information issue is considered.

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Trend of Dispute on the Right to Be Forgotten and Acceptance Task of Internet Laws in Korea (잊혀질 권리의 논의 동향과 우리나라 인터넷 법제의 수용과제)

  • Chung, Sang-Ki;Kim, Kyung-Yeol
    • Journal of Information Technology Services
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    • v.12 no.1
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    • pp.131-141
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    • 2013
  • Matters related to the right to be forgotten started the dispute Europe to introduce it first when Data Protection Directive established in 1995 proceeded revision. Relating to this, diverse disputes proceed on responding to personal information protection and internet laws in our nation. Especially as our National Assembly submitted the law regarding the promotion of information and communication network use and protection of information and amendment of copyright, it is necessary to look into the movement on introduction of law of right to be forgotten closely in detail. EU which attempted the institutionalization for the first time, relating to review of General Data Protection Regulation, proposed opinions such as the necessity to define subjects of personal information concretely and specifically and or protection target and balanced consideration on freedom of expression which is constitutional value. In the case of our nation, there was legislation attempt to introduce the regulation but it was limited in the form of fallen effectiveness without concrete and detailed review on internet law. To solve such problems, it is necessary to look into issues and matters to be considered required to accept right to be forgotten closely and discuss possibility of introducing right to be forgotten, conflicts between fundamental rights becoming issue, effect of goal achievement of personal information protection through the system introduction, and other rational acceptance method.

Factors Influencing Clinical Nurses' Practice of Personal Information Protection: Focusing on Knowledge of Personal Information Protection Law and Nursing Patient Advocacy (임상간호사의 개인정보보호 실천 영향요인: 개인정보보호법 지식, 옹호간호를 중심으로)

  • Kim, Dongeun;Park, Wanju
    • Journal of Korean Clinical Nursing Research
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    • v.29 no.3
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    • pp.261-270
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    • 2023
  • Purpose: This study aimed to identify the influence of knowledge of personal information protection law and nursing patient advocacy on practice of personal information protection among nurses. Methods: The subjects were 130 nurses who have worked for six months or more in the ward of the tertiary or general hospitals. Data were collected from February 20 to March 3, 2023. Results: Factors influencing practice of personal information protection were acting as an advocate (β=.32, p=.004), environmental and educational influences (β=.21, p=.040), knowledge of personal information protection law (β=.19, p=.013) and clinical experience for five years or more but less than ten years (β=.17, p=.036). The regression model showed an explanatory power of 34.0%. Conclusion: Acting as an advocate has the most effect on practice of personal information protection. To promote practice of personal information protection for nurses, it is necessary to provide education related to privacy protection and encourage nursing patient advocacy.

A Consciousness Change of Yangdong Village's Residents connected with Cultural Asset Protection Law -A Comparative Study of 1994 and 2002- (문화재보호법과 관련된 양동마을 주민의식 변화 -1994년과 2002년의 비교 연구-)

  • 강동진
    • Journal of the Korean Institute of Landscape Architecture
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    • v.31 no.3
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    • pp.46-57
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    • 2003
  • The Yangdong traditional historic village is a representative village having symbolic historic values and unique combinations of natural, cultural, and social characteristics of a Korean historic settlement environment, which has been protected by Cultural Asset Protection Law since 1984. Now, in spite of its potential diverse powers, national strategies concerning Yangdong village do not have satisfactory direction and results. In consideration of this notion, this paper is designed to find and to understand the current state of Yangdong village. This paper aims to analyze The changes in Yangdong village between 1994 and 2002, and through these comparisons, to diagnose and predict future aspects of Yangdong village. Primary data was collected by questionnaire investigation between 1994 and 2002. The living conditions, production, and consciousness of residents of Yangdong village are utilized as standards of analysis. The final analysis results can be summarized as follows: because of the Cultural Asset Protection Law, noticeable changes have occurred in Yangdong village over the last 8 years. These change are different from the ones occurring in general farm villages. Also, most issues related to the changes are interpreted as occurring as a result of the top-down approach, which disregards the opinions and wishes of residents. For this, introduction of renovation concept that emphasizes modernization of life and production space is urgently required. To this end, it is necessary that concern for the traditional historic village should diversity and expand, and not concentrate solely on the cultural properties and architecture-oriented historic elements.

The Meaning and Tasks of Guidelines for Utilization of Healthcare Data (보건의료 데이터 활용 가이드라인의 의미와 과제)

  • Shin, Tae-Seop
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.31-55
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    • 2021
  • The Personal Information Protection Act, one of the revised 3 Data Laws, established a special cases concerning pseudonymous data. As a result, a personal information controller may process pseudonymized information without the consent of data subjects for statistical purposes, scientific research purposes, and archiving purposes in the public interest, etc. In addition, as a follow-up to the revised Personal Information Protection Act, a 'Guidelines for Utilization of Healthcare Data' was prepared, which deals with the pseudonymization in the medical sector. The guidelines are meaningful in that they provide practical criteria for accomplices by defining specific interpretations and examples that take into account the characteristics of healthcare data. However, the guidelines need to clarify the purpose of using pseudonymous data and strengthen the fairness of the composition of the data deliberation committee. The guidelines also require establishing a healthcare data compensation framework and strengthening the protection of rights for vulnerable subjects. In addition, the guidelines need to be adjusted for inconsistency with the Bioethics and Safety Act and the Medical Service Act. It is expected that this study will contribute to the creation of a safe environment for the utilization of healthcare data as well as the improvement of related laws and systems.

Intellectual Property Rights Analysis of 3D Avatars for Ubiquitous Fashion Business (유비쿼터스 패션 비즈니스를 위한 3차원 Avatar의 지적재산권 분석)

  • Park, Ha-Jin;Chang, Sue-Hyun;Park, Chang-Kyu
    • Journal of Fashion Business
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    • v.13 no.4
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    • pp.37-50
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    • 2009
  • Recently, as individual 3D avatars are rapidly generalized in internet sites, its commercial applications for fashion business are being tried in ubiquitous fashion shopping era. In this research, we have investigated and analyzed patent problems of 3D avatar including personal body data to activate the fashion business using 3D avatars. Here, considering the patents for 3D face and body generation methods are already published, this research is focused on whole 3D body avatar obtained from individual body information. Firstly, definition of 3D avatar and its application cases have been investigated and then it has been researched whether or not legal protections by patent law, copyright law, computer program protection law, design protection law and fair competition laws are feasible in view of the subjects to be protected in each law and requirements for such protections. It was revealed that patent law may provide legal protections for 3D avatar and domestic and foreign patents related to 3D avatar have been researched.

The Effect on Firm's Effort to Correct Discrimination against Fixed-term Workers of Articles Regarding Prohibition or Correction of Discrimination in the Fixed-term Worker Protection Law (차별시정에 관한 법률이 기업들의 차별시정 노력에 미친 영향)

  • Choi, Hyung-Jai
    • Journal of Labour Economics
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    • v.34 no.3
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    • pp.81-117
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    • 2011
  • This study examined how firms responded to the articles regarding the prohibition or correction of discrimination against fixed-term workers in the 'fixed-term worker protection law', which has been effective since July of 2007 in Korea. Data used cone from the Korean Workplace Survey, and a difference-in-differences method was employed for the identification of the causal effect, noting that the 'discrimination prohibition law' has been applied to firms over stages based on their sizes. The empirical results show no strong evidence that the law played a positive role in reducing differentials between permanent workers and fixed-term workers in the areas of wage and various employee benefits, including the provision of severance pay, annual leave, and 4 major social insurances for fixed-term workers. A more thorough future analysis on the causes of the insignificant impact of the law in some employee welfare benefits, along with supplemental policies, is needed to have the law achieve the desired goal of removing discrimination at the workplace.

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