Data Protection Law A Comparative Analysis of Asia Pacific and European Approaches

Walters, Robert; Trakman, Leon; Zeller, Bruno

doi:10.2139/ssrn.3463731

Cited by 4 publications

(4 citation statements)

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“…Notably, Malaysia does not recognise the right to be forgotten compared to the UK (Azman et al, 2021). Though, commentators such as Walters, Trakman and Zeller (2021) contend that the notion of the right to be forgotten has been derived implicitly from section 10(2) of the PDPA, where data may be permanently erased if it is no longer used. However, Wahyuningtyas (2019) argues that the rights are only protected to a certain extent.…”

Section: The Right To Be Forgottenmentioning

confidence: 99%

The Adequacy of Data Protection Laws in Protecting Personal Data in Malaysia

Sureani

Qurni

Azman

et al. 2021

MJSSH

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With the burgeoning technology, Malaysia has seen a staggering number of data breaches and data leaks within this past decade alone, with no signs of the trend decreasing. This has raised questions on whether the Personal Data Protection Act 2010 (PDPA) adequately protects the personal data of Malaysians. With the recent COVID-19 pandemic, data has been collected on a larger scale than before, with more frequent data leaks occurring. Hence, this study aims to analyse the adequacy of the PDPA by benchmarking it to the United Kingdom’s (UK) Data Protection Act 2018, which have seen a decrease in data breaches since the implementation of the new legislation. In this context, personal data refers to information processed or recorded that relates directly or indirectly to a data subject, who may be identified from the information and may include sensitive personal data. The study uses a doctrinal analysis methodology to best explore the ideas and concepts within the literature available regarding the protection of personal data. The study also employs a comparative analysis methodology by comparing the scope and application of Malaysian and UK legislation for benchmarking. The findings suggest that there are improvements to be made for the PDPA to be adequate.

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Section: The Right To Be Forgottenmentioning

confidence: 99%

The Adequacy of Data Protection Laws in Protecting Personal Data in Malaysia

Sureani

Qurni

Azman

et al. 2021

MJSSH

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“…[40] In particular, an individual has not provided consent unless that individual has been notified of the purposes for which his personal data will be collected, used or disclosed and the individual has provided consent for those purposes. [41] If an organization fails to inform the individual of the purposes for which his personal data will be collected, used and disclosed, any consent given by that individual would not amount to consent under section 14 (1). Further details on the organization's obligation to notify the individual are explained in the section on the "Notification Obligation".…”

Section: What Is Personal Datamentioning

confidence: 99%

“…The protection of personal data is fast becoming one of our generations most important challenges. [1] The challenges surrounding data protection were highlighted by the June 2019 G20 Leaders in Japan. The G20 Leaders Declaration stated that:…”

Section: Introductionmentioning

confidence: 99%

Data Protection and Artificial Intelligence Law: Europe Australia Singapore - An Actual or Perceived Dichotomy

Walters¹,

Coghlan²

2019

AJSET

Self Cite

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Artificial Intelligence (AI) is moving so rapidly policy makers, regulators, governments and the legal profession are struggling to keep up. However, AI is not new and it has been used for more than two decades. Coupled with AI, personal data, along with cyber security law, and the challenges posed by the current legal frameworks are nothing short of immense. They are, in part, at odds with each other, and are doing very different things. This paper explores some of the challenges emerging in Australia, Europe and Singapore. The challenge of the interrelationship between personal data and AI arguably begins with who has manufactured the AI. Secondly, who owns the AI. Another challenge that has also emerged is defining AI. Most people are able to understand what AI is and how it is beginning to impact the economy and our daily lives. However, there is no clear legal definition of AI, because AI is so nebulous. This burgeoning area of law is going to challenge society, privacy and economic experts, regulators, innovators of technology, as there continues to be a collision between them. Furthermore, the collection of personal data by AI challenges the notion of where responsibility lies. That is, AI may collect, use and disclose personal data at different points along the technology chain. It will be highlighted how the current data protection laws rather than promote AI projects, largely inhibit its development. This paper identifies some of the tensions between data protection law and AI. This paper argues that there is a need for an urgent and detailed understanding of the opportunities, legal and ethical issues associated with data protection and AI. Doing so will ensure an ongoing balance between the economic and social issues that are attached to the two areas of the law.

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“…Act of 23 April 1964 -the Civil Code (Journal of Laws of 2020, item 1740, as amended) 21. Act of 17 November 1964 -the Code of Civil Procedure (Journal of Laws of 2020, item 157, as amended) 22.…”

mentioning

confidence: 99%

New Grounds for Civil Liability under National Law in the Light of Article 79 of the GDPR

Oręziak¹,

Łuniewska²

2021

PwD

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The subject of the paper is the functioning of Article 79 of the GDPR in the Polish legal system and in other countries. The above provision establishes the right to an effective judicial remedy against a controller or processor, which is to guarantee the protection of personal data in relation to the data subjects. The paper submits to a dogmatic and comparative analysis those regulations that concern the right to an effective legal remedy in the field of personal data protection based on the example of Polish legal regulations, but also with reference to France, Germany and Great Britain to comprehensively study solutions on the issues in question.

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Data Protection Law A Comparative Analysis of Asia Pacific and European Approaches

Cited by 4 publications

References 0 publications

The Adequacy of Data Protection Laws in Protecting Personal Data in Malaysia

The Adequacy of Data Protection Laws in Protecting Personal Data in Malaysia

Data Protection and Artificial Intelligence Law: Europe Australia Singapore - An Actual or Perceived Dichotomy

New Grounds for Civil Liability under National Law in the Light of Article 79 of the GDPR

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