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The analysis of the borrower's creditworthiness through credit scoring models is a legal obligation for credit institutions when granting loans. These institutions comply with this requirement by carrying out solvency profiling of their customers, which will entail the processing of personal data subject to the GDPR. Therefore, the correct identification of the purpose of the processing will make it possible to define the possibilities for processing the data and the secondary uses that credit institutions may make of them. The regulatory analysis of the issue leads to defining the purpose of the processing in a broad sense as the assessment of creditworthiness for the prevention of over-indebtedness and the maintenance of the health of the financial market. This will have an impact on subsequent uses which may be considered compatible. This could allow credit institutions to increase the range of possible processing of these data. [ABSTRACT FROM AUTHOR]

In the digital age, information has become a highly valuable asset, attracting not only individuals and companies but also criminals seeking to exploit it for illicit purposes. Cybercrime, defined as any criminal activity involving the use of computer technology and communication networks, has experienced exponential growth in recent years. This article explores the protection of personal data in the context of cybercrime, focusing on Ecuador's legal framework established by the 2008 Constitution and the 2021 Organic Law on Personal Data Protection. The article provides a comprehensive analysis of various forms of cybercrime, such as unauthorized access, computer fraud, and the distribution of illegal content, examining their impact on data privacy and security. It also addresses the challenges faced by authorities in enforcing laws due to encryption and data anonymization, as well as the use of blockchain and cryptocurrencies in illicit activities. The increasing incidence of cybercrime in Ecuador, exemplified by the Ola Bini case, is discussed alongside the role of artificial intelligence and Big Data in privacy concerns. The article concludes by highlighting necessary cybersecurity strategies in the financial sector to protect sensitive data and ensure economic stability. [ABSTRACT FROM AUTHOR]

The commercial exploitation of personal information has raised concerns regarding privacy, illegal data use, and information security, among others. Therefore, personal data protection systems (PDPS) play a significant role, and corporations are the primary enforcers of these systems’ regulation. However, PDPS require significant investment from companies, and there is no consensus regarding the economic outcomes of establishing these systems. This study investigates whether the establishment of PDPS affects short-term financial performance and long-term corporate value. After applying the propensity score matching method, a dataset comprising 912 firm-year observations of e-commerce companies listed on the Shanghai and Shenzhen Stock Exchanges from 2008 to 2020 was selected. The results show that PDPS implementation can improve a company’s short-term financial performance by a) exploring markets and strengthening internal control and b) increase long-term corporate value by strengthening corporate social responsibility. This study offers insights for companies to proactively implement PDPS and strengthen their management of personal data, thereby boosting the overall corporate value. In addition, this study can help governments to develop legislation on national information security and enhance international cooperation, especially for emerging markets. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to note the unsatisfactory functioning of political parties in Spain, their increasingly autocratic and oligarchic nature and their lack of compliance with the constitutional mandate regarding their due internal democracy. In the context of the increasingly frequent primary processes for the election of candidates in Spanish political parties, one of the main obstacles faced by those within the party who dispute the power of the governing structures of political parties is related to the access and management of the register of affiliates. Faced with requests from candidates from outside the organization to have access to this essential information in order to make effective their rights to political participation and internal party democracy, party leaders deny access to the census, invoking compliance with regulations on personal data protection. In this regard, it is analyzed how ordinary courts that have had the opportunity to rule on this type of conflict have favored the application of the protection of personal data based on an interpretation considered exorbitant which, ignoring the context of the problem raised and disregarding an adequate analysis in accordance with the principle of proportionality, represents a clear undermining of the other fundamental rights at stake and the constitutional mandate regarding the internal democracy of the parties. [ABSTRACT FROM AUTHOR]

This paper studies the legal basis of personal data processing. In particular, in relation to processing of data concerning health, during the COVID-19 health crisis. Data-protection principles contained within the General Data Protection Regulation are analyzed. These general data-protection principles are also applied in cases where the data subject has explicitly consented the processing. The paper also analyzes some real specific data processing made during the COVID-19 pandemic. It takes into account the recommendations made by the European Data Protection Committee, and the Spanish Agency for Data Protection. [ABSTRACT FROM AUTHOR]

The irruption of COVID-19 has led to a multitude of deep-seated transformations, which go beyond the purely sanitary sphere, leading to major socio-economic changes, among which the evolution of traditional forms of administrative intervention or the empowerment and/or acceleration of the advances derived from the digital (re)volution stand out for their extraordinary importance. Thereby, in recent months we have witnessed the implementation of numerous initiatives aimed to alleviate the harmful effects of the pandemic by developing technological tools based on processing categories of specially protected personal data, such as health data, which raises important questions from the perspective of privacy and digital rights. The aim of this study is to carry out a detailed analysis of some essential elements, necessary to achieve the difficult balance between the promotion of technological instruments that contribute to control the effects of COVID-19 increasing the resources available to health authorities, and safeguarding the fundamental right of personal data protection. [ABSTRACT FROM AUTHOR]

As a concept, the adequate level of protection for international data transfers remains to some extent unknown and, in the case of the European Union, with regard to Directive 95/46/EC, already repealed, its content has been specified by the General Data Protection Regulation (GDPR). Its origin is, in the pre-digital era, in international instruments on the protection of personal data and its most relevant development has occurred in the European Union, until reaching the case of the adequacy decision of Japan, which is the first adopted after 25 of May of 2018, which shows the practical application of the elements required under the GDPR. Other countries, particularly in Latin America, have also included the concept of adequate level in their data protection laws. Although the adequate level is only one of the instruments for international data transfers, the differences that may arise, between countries or regions, as to which countries have an adequate level of protection for international data transfer could lead to consider whether a multilateral standard that facilitates the latter is advisable. In any case, it should also be considered that the adequacy model is one of the instruments for the international transfer of data, but not the only one, since there may be other mechanisms to apply adequate and effective data protection protections. [ABSTRACT FROM AUTHOR]

Peru is not excluded from the immense challenge that a process of digital transformation represents for organizations and that entails a necessary deliberation regarding the latent threats due to the potential violation of the security of information systems. This article seeks to exemplify the regulatory framework that has been developed in the country in relation to cybersecurity and evidences that, although it is not recognizable, there is a genuine concern about this matter. [ABSTRACT FROM AUTHOR]

The advances made in the world of technology as well as legal relations require an update on the protection of personal data. In this sense, we briefly analyze the main points of the reform project that is being discussed at the National Congress in order to adapt our Argentine legislation to international standards in this matter. [ABSTRACT FROM AUTHOR]

The European Union faces the fourth industrial revolution and the digital single market with the unification of the legal status for personal data protection sought by the General Data Protection Regulation (EU) 2016/679. This legal unification is more theoretical than real, since formal aspects of the regulation and the content materials of the fundamental right to data protection make this process difficult. The entry into force of the GDPR in May 2018 provides the first legal reference framework for the implementation in companies of a true culture of privacy, and the protection of personal data and normative compliance in the EU. [ABSTRACT FROM AUTHOR]

Big data challenges personal data protection (Boyd, 2012). This paper is a contribution to the debate about the validity of the privacy self-management paradigm prevailing in western countries. I point out some limitations of the model notice and choice in which that paradigm is based in relation to the logic of big data processing. I also analyze the alternative model proposed by Solove (2013), to explain why it is not essentially different from notice and choice model. Finally, I expound on the necessity of developing a model which could be coherent with the logic of big data and its impact in privacy, both individual and collective. [ABSTRACT FROM AUTHOR]

This article discusses the implementation of the General Regulation of Data Protection in the European Union. The author comments on the influence of this law on Latin American legislation and examines the complexity of regulating digital information. Legal rights related to personal data and the concept of the right of data portability is also explored.

The right to habeas data has within its scope the right to data expiration, from which the right to be forgotten is derived, also called the right to expiration of negative data, which consists of the data owner's power to request the exclusion of negative data from a database within a reasonable term, in order to safeguard his/her right to a good reputation and dignity. This is looked at in order to analyze and compare Colombian regulations with international rules. [ABSTRACT FROM AUTHOR]

New products and services offered by the "internet of things" will make us more efficient, more able to understand our environment and take action, and new assistive technologies will allow us to extend our working lives. Nonetheless, we will coexist with a large number of devices collecting information about our activities, habits, preferences, etc. This situation could threaten our privacy. Distrust could be a barrier to the full development of these new products and services. This article offers a possible solution to ensure security and privacy for personal data on the internet of things, using techniques that result from a collaboration between the business, legislative and technological areas and are designed to build trust with all stakeholders. [ABSTRACT FROM AUTHOR]

On 13 May 2014 the ECJ ruled on the interpretation of EU Data Protection Directive in order to conclude whether or not there was a right to be forgotten on the Internet and who and how should make it effective. The ECJ concluded, first, that there was a right to be forgotten on the Internet as one of the faculties that integrate fundamental right to data protection of european citizens (as guaranteed by article 8 EUCFR); and, on the other hand, concluded that responsible for doing so effective was the search engine involved (in this case, Google), regardless of the information in origin that had been indexed, was or not removed by the original editor or the source page, and while the interest or rights of the applicant were worthy of protection and prevail over any other interest or legal right at stake. [ABSTRACT FROM AUTHOR]

The recent judgment of the Court of Justice of the European Union in case Google Spain and Google Inc. against Spanish Data Protection Agency and Mario Costeja has established liability or responsibilities of search engines before European Law when handling personal data. The Court stated that Directive 95/46/EC applies to search engines operators if they have a subsidiary in a Member State which promotes the selling of advertising space offered by the search engine. Besides, this judgment has modeled the "right to be forgotten" and has clarified the need to be balanced against other fundamental rights, such as the freedom of expression and the media -in an exercise that has to be done by national judges, in a case-by-case assessment-. This paper provides an analysis of the current European legislation on data protection and privacy, and the interpretation and application made by the Court of Justice in the case mentioned above. Finally, this paper studies the modification of the European legislation that has been proposed by the European Commission -the future General Data Protection Regulation-. [ABSTRACT FROM AUTHOR]

Currently in Mexico private individuals or corporations who own department stores, supermarkets, banks, among others, justifying their personal and property safety installed electronic instruments that enable them to conduct surveillance activity by which they can obtain in a few seconds a lot of personal data, such as image and voice. The problem here appears when only the images and sounds are recorded, but guarding against total ignorance of the owner there off or further processing. That is to say is flagrantly violating the fundamental right to information and selfdetermination that we all holders of personal data have. [ABSTRACT FROM AUTHOR]

The regulation of the "open data" is discussed, taking as an example the process that happens in Spain. For these purposes, first, a discussion of the concept of "open data" is provided. Secondly, the Spanish regulation that deals with them is synthetically overviewed. Thirdly, it is also stated requires that current legislation must be designed according to democratic criteria. Finally, it is concluded that open data are designed in accordance with these juridical rules: the norms on open data reuse, the normative on personal data protection, the normative on the responsibility for the provision of services, and the juridical guidelines that exist for the specific administrative services. [ABSTRACT FROM AUTHOR]

Cloud computing represents a way of storing and managing information on servers which, in most cases, are in different jurisdictions than the contractors; being a new technological phenomenon the legal systems are a step back, needing to do an analysis of the contractual relationships and obligations arising from this technology. At the same time address the issue of jurisdiction for the contracts, focusing on the specific aspects of data protection. [ABSTRACT FROM AUTHOR]

This article is a partial result of the doctoral investigation about data protection that the author is doing during his studies in the Doctorate in Juridical Science Program of the Pontificia Universidad Javeriana Law School. It intends to establish if Colombia, in light of its current legislation, can be considered as a country that guarantees an adequate level of personal information protection. Particularly, constant reference will be made to basic European standards in such matter. The fact that a country has an adequate level of personal information protection is a requirement that, among other things, facilitates the international transfer of such information and not only creates a suitable scenario for the protection of personal rights, but also generates competitive advantages in order to consolidate or create new businesses. [ABSTRACT FROM AUTHOR]

With regard to the declaration of apostasy, the Audiencia Nacional has established the process of placing a marginal annotation in the book of baptism instead of cancelling the baptismal record. This is confirmed by the criteria of the resolution of the Spanish Agency for Data Protection, appealed by the Archdioceses of Valencia and of Madrid. The author deems that the conflict between the Agency and the involved dioceses should not have happened because the established solution is within the Orientations of the Spanish Episcopal Conference to cater to the petitions of defection of the Church through a formal act. However, certain confusion is observed with regard to the subject. It is but fitting to make an effort to distinguish the legal treatment regarding the abandonment of the Church in the exercise of religious freedom and the protection of privacy under the Organic Act of protection of data. [ABSTRACT FROM AUTHOR]

The following begins analyzing different regimes for data protection, describes the regulation on data protection and habeas data in the European Union, the United States of America, Canada, Iberoamerica and Latin America. It continues explaining the activities of the Red Iberoamericana de Protección de Datos (Iberoamerican data protection network), which was established as a result of an initiative put forward by the Agencia Española de Protección de Datos (Spanish data protection agency), its constitution, purpose, tasks, and the series of documents approved, in particular the set of norms recently approved (2007) on general principles on data protection. On the last part, the document describes the Uruguayan regime on data protection. [ABSTRACT FROM AUTHOR]

This study addresses two questions in the legal realm that affect the planning, development, and use of intranets. Protection of the author's rights and protection of the user's personal information are two basic considerations that must be taken into account by those responsible for an organization's intranet. Although intellectual property rights and confidentiality are totally different in nature, both are discussed in this article from the perspective of how they should be managed by information professionals. In recent years we have seen how technology can contribute to violation of copyright law and personal confidentiality. This conflict can occur in our intranets if proper measures are not taken to reconcile the interests of all users, of those whose personal information must be protected, and of copyright holders. [ABSTRACT FROM AUTHOR]