• 제목/요약/키워드: data protection law

검색결과 183건 처리시간 0.024초

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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    • 제22권5호
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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.

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

  • 정용엽
    • 의료법학
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    • 제13권1호
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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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    • 제23권10호
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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.

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

  • 김종원;박진형
    • 한국정보통신학회:학술대회논문집
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    • 한국정보통신학회 2022년도 춘계학술대회
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    • pp.9-11
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    • 2022
  • 4차산업혁명 및 데이터 경제의 지속성장과 활성화를 위해 국내에서는 세계 최초로 '데이터 기본법'을 제정하여 시행하고 있다. 하지만 해당 법률은 데이터산업의 활성화와 데이터자산의 보호를 다루기는 데이터의 생산, 유통 및 이용 활성화를 우선으로 하고 있어서 개인정보보호법이나 저작권법보다 우선 적용·해석 될 수 있다. 이에 본 논문에서 데이터기본법의 주요내용을 살펴보고, 개인정보 이슈를 고찰해 보고자 한다.

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

  • 정상기;김경열
    • 한국IT서비스학회지
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    • 제12권1호
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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.

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

  • 김동은;박완주
    • 임상간호연구
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    • 제29권3호
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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.

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

  • 강동진
    • 한국조경학회지
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    • 제31권3호
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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.

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

  • 신태섭
    • 의료법학
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    • 제22권3호
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    • pp.31-55
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    • 2021
  • 개정 데이터 3법 중 하나인 개인정보 보호법은 가명정보의 처리에 관한 특례 규정을 신설하였다. 이에 개인정보처리자는 과학적 연구, 통계작성, 공익적 기록보존 등의 목적을 위해서 정보주체의 동의 없이 가명정보를 처리할 수 있게 되었다. 그리고 개정 개인정보 보호법의 후속 조치로 의료 분야의 개인정보 가명처리를 다룬 '보건의료 데이터 활용 가이드라인'이 마련되었다. 가이드라인은 보건의료 데이터의 특성을 고려한 구체적인 해석과 사례를 규정함으로써 수범자들에게 실천적인 기준을 제시한다는 점에서 의미가 있다. 다만 가이드라인은 가명정보 활용 목적을 명확히 하고, 데이터 심의위원회 구성의 공정성을 강화할 필요가 있다. 또한 가이드라인은 보건의료 데이터 보상 체계를 구축하고, 취약 연구대상자의 권리 보호 강화가 요구된다. 아울러 가이드라인은 생명윤리 및 안전에 관한 법률, 의료법과의 부정합성을 정비할 필요도 있다. 본 연구가 보건의료 데이터 활용의 안전한 환경 조성은 물론 관련 법과 제도의 개선에 기여할 것으로 기대한다.

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

  • 박하진;장수현;박창규
    • 패션비즈니스
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    • 제13권4호
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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.

차별시정에 관한 법률이 기업들의 차별시정 노력에 미친 영향 (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)

  • 최형재
    • 노동경제논집
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    • 제34권3호
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    • pp.81-117
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    • 2011
  • 본 연구는 2007년 7월부터 도입되었던 비정규직법 중 비정규직 근로자에 대한 차별적인 처우를 금지하는 규정이 기업들의 차별시정 노력에 어떤 영향을 미쳤는지를 분석하였다. 차별시정법이 기업 규모에 따라 단계적으로 적용되었다는 점에 착안하여 이중차분법을 적용하여 추정한 결과, 임금은 물론 퇴직금제도나 연차휴가 제도 또는 4대 보험 등 다양한 복리후생 분야에서 유의한 차별시정법의 효과를 발견할 수 없었다. 차별시정법이 소기의 목적을 달성하기 위해서는 기업들의 차별시정 노력이 미진한 원인에 대한 분석과 보완책이 마련되어야 할 것이다.

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