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Given both the historical and ongoing surveillance and policing of marginalized communities, contact tracing, and other pandemic control measures pose additional dangers to marginalized communities that are not faced by members of dominant communities. While privacy rights have been a point of controversy and uncertainty for all in the face of digital surveillance and the exigencies of the pandemic, LGBTQ+ students may well struggle to assert even those rights to which they are unquestionably entitled. Utilizing a multi-method, multidisciplinary approach, this research examined the information and privacy risks imposed upon or heightened for LGBTQ+ university students by COVID-19, with a focus on the roles of libraries and librarians. This study revealed while the library community has a desire to support its LGBTQ+ patrons, there are less consistently available knowledge and resources, particularly with regards to COVID-19 specific concerns, such as contact tracing. [ABSTRACT FROM AUTHOR]

If I decide to disclose information about myself, this act may undermine other people's ability to conceal information about them. Such dependencies are called privacy dependencies in the literature. Some say that privacy dependencies generate moral duties to avoid sharing information about oneself. If true, we argue, then it is sometimes justified for others to impose harm on the person sharing information to prevent them from doing so. In this paper, we first show how such conclusions arise. Next, we show that the existence of such a dependency between the moral significance you are inclined to attribute to privacy dependencies and judgments about permissible self-defense puts pressure on at least some ways of spelling out the idea that privacy dependencies ought to constrain our data-sharing conduct. [ABSTRACT FROM AUTHOR]

The surge in internet accessibility has transformed wildlife trade by facilitating the acquisition of wildlife through online platforms. This scenario presents unique ethical challenges for researchers, as traditional ethical frameworks for in‐person research cannot be readily applied to the online realm. Currently, there is a lack of clearly defined guidelines for appropriate ethical procedures when conducting online wildlife trade (OWT) research. In response to this, we consulted the scientific literature on ethical considerations in online research and examined existing guidelines established by professional societies and ethical boards. Based on these documents, we present a set of recommendations that can inform the development of ethically responsible OWT research. Key ethical challenges in designing and executing OWT research include the violation of privacy rights, defining subjects and illegality, and the risk of misinterpretation or posing risks to participants when sharing data. Potential solutions include considering participants' expectations of privacy, defining when participants are authors versus subjects, understanding the legal and cultural context, minimizing data collection, ensuring anonymization, and removing metadata. Best practices also involve being culturally sensitive when analyzing and reporting findings. Adhering to these guidelines can help mitigate potential pitfalls and provides valuable insights to editors, researchers, and ethical review boards, enabling them to conduct scientifically rigorous and ethically responsible OWT research to advance this growing field. [ABSTRACT FROM AUTHOR]

This article seeks to shed light on debates about the right to be forgotten by offering a new account of the right as grounded in the confidence that the direction of one's life is up to one and worth the trouble that it takes to direct it. I show how this confidence is supported by what the right actually provides: the possibility of new social interactions unconditioned by information about one's past. This view avoids pitfalls facing other accounts of the right's moral basis, clarifies its relation to rights of privacy, and resolves several puzzles thought to face its practical application. [ABSTRACT FROM AUTHOR]

Whether malicious or not, employees' actions can have significant and detrimental outcomes for their organizations. Such is the case in organizational cybersecurity, as many issues stem from trusted individuals who have access to sensitive data, information, and systems. We explore the phenomenon of employees' security violations in the context of pandemic-induced stressors among employees working from home (WFH) during a 10-day period of the COVID-19 pandemic. By assessing several categories of stressors and violation behaviors among 333 WFH employees daily for two work weeks, we discovered several stressors that significantly explained security violations during the pandemic. Within-person deviations in competing demands due to security emerged as a significant predictor of a subsequent increase in violations, and the effect of privacy invasion/monitoring concerns was marginally significant. We also found evidence that family-to-work conflict resulted in higher levels of daily security violations, but work-to-family conflict failed to exhibit any significant relationship with our outcome of interest. Unexpectedly, moderator analyses indicate that employees' sharing of digital devices with others in the WFH environment might limit rather than exacerbate the effects of daily stressors on security violations. Thus, technology- and non-technology-related factors are associated with employees' decisions to violate their organizations' security expectations in a WFH environment. Our findings provide an expanded view of how stressors relate to employees' security violations and what organizations can do to limit them in times of crises. [ABSTRACT FROM AUTHOR]

Fueled by the Internet of Things and various other technological developments, information about children's daily activities and social interactions are progressively migrating to the digital sphere. In response to the rapid datafication of children and in accordance with the United Kingdom's Data Protection Act of 2018, the Information Commissioner's Office issued the Age-Appropriate Design Code ("U.K. Design Code"), which became enforceable in September 2021. Approximately one year later in September 2022, California enacted the California Age-Appropriate Design Code Act ("California Design Act"). The California Design Act is modeled after the U.K. Design Code. This Article is one of the first legal scholarship to comparatively analyze in-depth the California Design Act and the U.K. Design Code. This Article advances current privacy law and comparative law scholarly literature by shedding light on relatively substantive similarities and differences between the U.K. Design Code and the California Design Act while conducting a broader field of inquiry that offers potential reasons for the notable differences between both frameworks. The Article also simultaneously conducts a detailed evaluation of the California Design Act's potential to protect children's privacy in the modern era in light of the federal Children's Online Privacy Protection Act of 1998. Children's online and traditional offline daily actions are increasingly monitored and monetized. The Article concludes by offering a path forward to better safeguard children's privacy in the United States. [ABSTRACT FROM AUTHOR]

In the present digital age, the dominance of online space for communication requires no introduction. However, the dominance of social media platforms is not unobstructed. The proliferation of social media platforms that claim to respect data privacy is increasingly locking horns with the state, which also seeks to ensure its sovereignty over the digital space. The triadic relationship between the individual/social media user, social media platform, and the state is complex, especially when scrutinised from the rights and privacy-based perspective. Although recent studies raise crucial concerns on the issue of the state’s attempts to achieve digital sovereignty and the response of social media companies on the same, more country-specific studies are needed to grasp the dynamics between the corporations owning social media platforms, the state, and individuals’/users’ rights. Such studies will also help in a more nuanced understanding of the state’s approach to the issues of privacy, online censorship, and the rights of owners against Copyright infringement. This paper aims to explore the standoff between the Indian state and social media platforms on the grounds of privacy, online censorship, and Copyright Infringement. Two key social media platforms selected for the study are Twitter and Telegram since both are well-known social media applications with an enormous user base in India. More importantly, both have been involved in court cases in the country, albeit for different matters. Apart from probing into the content-blocking orders and privacy cases, the paper will examine the rights of the user, who ultimately faces the brunt of the showdown between the powerful entities of the state and the corporation. [ABSTRACT FROM AUTHOR]

Innovations in wearable technology and artificial intelligence have enabled consumer devices to process and transmit data about human mental states (cognitive, affective, and conative) through what this paper refers to as "cognitive biometrics." Devices such as brain-computer interfaces, extended reality headsets, and fitness wearables offer significant benefits in health, wellness, and entertainment through the collection and processing and cognitive biometric data. However, they also pose unique risks to mental privacy due to their ability to infer sensitive information about individuals. This paper challenges the current approach to protecting individuals through legal protections for "neural data" and advocates for a more expansive legal and industry framework, as recently reflected in the draft UNESCO Recommendation on the Ethics of Neurotechnology, to holistically address both neural and cognitive biometric data. Incorporating this broader and more inclusive approach into legislation and product design can facilitate responsible innovation while safeguarding individuals' mental privacy. Biometric data relating to human cognitive, affective, and conative states ("cognitive biometrics") are not adequately protected under existing privacy laws. The authors argue for an expansive approach that would treat neural and cognitive biometric data holistically as categories of "sensitive data" and provide them with analogous privacy protections. [ABSTRACT FROM AUTHOR]

The debate on the intersection of competition law and privacy constitutes a major challenge for the existing competition law framework. This article considers the intersection between competition law and privacy and argues that it is possible to recognise a positive relation between these legal areas. However, with the rise of digital platforms that provide free products and services to consumers while generating revenue through data collection, the discussion has intensified regarding whether non-price elements, such as privacy, should be considered as a factor in competition law analysis. The author argues that it is possible to demonstrate a dogmatic link between these legal sources, as a coherent and consistent interpretation of competition law and data protection is adequate. The article finds that dogmatic approach corresponds to recent development in competition law enforcement. [ABSTRACT FROM AUTHOR]

Background: Many studies in infectious diseases struggle to recruit participants. The SARS-CoV-2 infection, transmission dynamics, and household impact in Malawi (SCATHIM) study reported a refusal rate of 57.2%. Adequate publicity can lead to more people participating in studies. This study explored the reasons for participating in the SCATHIM study. Methods: A descriptive qualitative study informed by the theory of reasoned action was conducted in Blantyre between January 2022 and March 2022 to assess factors that influence participation in a COVID-19 study among 10 index cases, 10 caregivers, 10 study decliners, and 5 research staff. The data were collected via in-depth interview guides, audio recorded, transcribed, managed via NVIVO and analysed via a thematic approach. Results: The factors that motivated participation in the study included one's knowledge of COVID-19; potential access to medical services, including free COVID-19 tests for members of the household; financial reimbursements; and the ability to contribute scientific knowledge. The barriers to participation included minimal publicity of the study amidst a novel condition, perceived stigma and discrimination, perceived invasion of privacy, discomfort with the testing procedures, and suboptimal financial reimbursements. Conclusion: Effective publicity and outreach strategies have the potential to decrease refusal rates in study participation, especially if a condition is novel. Studies on infectious diseases should address stigma and discrimination to promote participation and ensure participant safety. [ABSTRACT FROM AUTHOR]

This article explores reactions to the practice of polygyny in Denmark over the last 30 years. While bigamy was listed in the criminal code, the public approach to marital choices up until the 1990s was generally one of non-interference. In the face of immigration from non-Western countries, the clause on bigamy becomes an instrument to criminalise polygyny and limit access to residence permits. Unpacking this rationale through the study of the political and public discourse surrounding four occurrences of polygyny in Denmark and their legal consequences, we flesh out the underlying values that structure private relations and personal choices in Danish liberal democracy. We demonstrate how the criminalisation of certain non-monogamous unions must be negotiated within a liberal approach to marriage, religious belief, and right to privacy. Here, women’s rights and equality, in an increasingly multicultural Denmark, become a trope activated to problematise this practice. The rejection of divergent cultural practices such as polygyny, we argue, serves both to reaffirm the superiority of Danish values and to produce more restrictive migration laws. The criminalisation of pologyny thus, serves as a case study to examine the scopes and limits for pluralism in Western liberal democracies. [ABSTRACT FROM AUTHOR]

As contemporary churches continue to hire media teams to create and disseminate growing amounts of online content, questions of safety, security, and privacy are warranted. This study focuses on the case of a church in Ghana and explores the complex interplay between, ethical, security, and privacy issues in the online church. Data collection involved 170 survey respondents and eight (8) interview participants. The study found that convenience, flexibility, and device accessibility drove congregants’ reliance on the digital platforms of the church. However, there were discernible privacy and safety concerns like invasion of privacy, unauthorized access to personal information, potential for identity theft, and misuse of personal data for targeted advertising. While diverse perspectives were held by members of the media department of the church, there was a general lack of concern about the safety and security ramifications of disclosing personal sensitive information to audiences outside of the physical church as it was viewed as a potential point of inspiration for others. We recommend that churches develop guidelines around concerns raised by congregants to optimize congregants’ online security and safety, while also providing continuous awareness programs for congregants to protect their security and safety and be ethical users of digital platforms. [ABSTRACT FROM AUTHOR]

The European General Data Protection Regulation 2016/679 (GDPR) aims to harmonize data protection laws across European Union (EU) Member States. The goal of GDPR is to ensure respect of the fundamental right to protection of the personal data and privacy, to enhance security measures, including information technology (IT) for data protection, and to render natural persons control over their personal data. Importantly, companies, institutions, freelancers (including medical writers) located outside the EU and handling personal data of natural persons living on the territory of the EU must comply with GDPR. Medical writers edit documents related to the activities in health sector that comprise personal data, specifically health data considered as sensitive data. Therefore, medical writing should put in place robust security measures and comply with the GDPR. This article is a clarification of the GDPR notions, principles, technical and organizational measures applied to the medical writing to guarantee protection of the personal data and respect of individual's rights and freedoms. [ABSTRACT FROM AUTHOR]

During an investigation using Forensic Investigative Genetic Genealogy, which is a novel approach for solving violent crimes and identifying human remains, reference testing—when law enforcement requests a DNA sample from a person in a partially constructed family tree—is sometimes used when an investigation has stalled. Because the people considered for a reference test have not opted in to allow law enforcement to use their DNA profile in this way, reference testing is viewed by many as an invasion of privacy and by some as unethical. We generalize an existing mathematical optimization model of the genealogy process by incorporating the option of reference testing. Using simulated versions of 17 DNA Doe Project cases, we find that reference testing can solve cases more quickly (although many reference tests are required to substantially hasten the investigative process), but only rarely (<1%) solves cases that cannot otherwise be solved. Through a mixture of mathematical and computational analysis, we find that the most desirable people to test are at the bottom of a path descending from an ancestral couple that is most likely to be related to the target. We also characterize the rare cases where reference testing is necessary for solving the case: when there is only one descending path from an ancestral couple, which precludes the possibility of identifying an intersection (e.g., marriage) between two descendants of two different ancestral couples. [ABSTRACT FROM AUTHOR]

This article seeks to present the problem of the personal identity of the human being as an important element of the right to one's private life being respected. The presentation is from the point of view of the guarantees related to the establishment of standards for the protection of human rights by the European Court of Human Rights in Strasbourg. Relevant for this reflection is the theoretical legal approach to this matter, with particular reference to the methods of interpretation of the European Convention on Human Rights. The article discusses the problem of understanding personal and social identity in a cultural context related to group and individual axiology. It presents historical determinants of the ideology of approaching the status of the individual within the state and the general standards of the right to have one's private life respected. Two key methods of interpretation for devising standards of protection, i.e. the evolutionary interpretation and the method of the cultural margin of assessment, are also analysed. Not only do these methods allow for taking changes in European social axiology into account, but they also allow for the distinctiveness of social axiology at the local level. From this perspective, an answer is given to the question, do the ECHR's standards for the protection of the right to respect for private life serve to reinforce the personal identity of a human being? [ABSTRACT FROM AUTHOR]

Users persist in utilizing algorithmic recommendations despite perceiving their adverse consequences, such as privacy invasion and filter bubbles. This behavior appears contradictory to the innate human inclination to seek benefits and avert disadvantages. Employing folk theories, this study conducted in-depth interviews with 24 users who acknowledged the detrimental effects of algorithms and maintained a non-positive attitude toward them but continued their usage. The findings revealed that users adhere to the principle of rational choice: they engage in positive risk aversion (confining their usage to entertainment domain and affirming their own abilities) and negative self-avoidance (acknowledging the inevitability of privacy invasion, imagining the additional costs of turning off algorithmic recommendations, and believing that everyone relies on algorithms, rendering the costs relatively inconspicuous). Throughout this process of self-adaptation, users assumed diverse roles (the inactive, active, resister, swayer) to achieve a harmonious state and sustain their reliance on algorithmic recommendations. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Encryption is essential for protecting sensitive data, individual privacy and national security in a time of digital transition and growing cybersecurity threats. This article begins by highlighting the need for encryption laws in India, emphasising the growing reliance on digital technologies across sectors and the critical necessity of protecting digital assets. It proceeds to dissect the existing legal frameworks governing encryption and the enforcement challenges faced by regulatory agencies. A critical aspect of the research involves examining international perspectives on encryption legislations, drawing lessons from global approaches and discerning their relevance to India's policy landscape. This article underscores the delicate balance between privacy and security concerns, particularly in the context of counterterrorism efforts. In addition, this research unravels case studies and incidents involving notable cybersecurity breaches in India, shedding light on the legal implications and consequences that follow such breaches. The study culminates with an exploration of the public opinion and stakeholders' perspectives on encryption legislations, considering industry views and civil liberties concerns. It offers insights into the best practices for drafting effective encryption laws and provides recommendations to strengthen India's digital resilience. It calls for proactive measures to secure India's digital future while preserving individual freedoms and privacy rights. [ABSTRACT FROM AUTHOR]

The increasing application of artificial intelligence (AI) and the extensive collection, storage and analysis of personal data by service providers have heightened privacy concerns. To address unauthorised use and potential misuse of personal information, the Government of India introduced the Digital Personal Data Protection (DPDP) Act on 11 August 2023 aimed at enhancing the living standards of its digital citizens, termed as 'digital nagriks ' in this study. This research evaluates the DPDP Act's impact on digital nagriks across six sections, starting with an introduction to the necessity of privacy legislation and an overview of global privacy laws from countries like Singapore, the European Union and China. It then explores the origin and fundamental aspects of the DPDP Act, leveraging the literature to critically analyse its implications for privacy. The study presents observations on the Act's current state, recommends adjustments for balancing privacy with innovation and security and highlights the need for stronger enforcement mechanisms to protect digital nagriks effectively. It concludes that while the DPDP Act is a positive advancement, explicit exceptions in future regulations could further refine this balance. [ABSTRACT FROM AUTHOR]

The privacy of individuals, with the advent of digital technology and information age, has brought several new issues to the fore. Most countries in the world are facing this problem, as they are finding it difficult to strike a balance among the interests of citizens, government, national security, businesses and the corporate sector. The revolutionary growth of digital technology has led to violations of the right to privacy of individuals, which governments have been finding difficult to address. Underlying complexities are growing, given the dynamism of technology and the slowness of legal evolution, as the two are not able to keep pace. Individuals are at the mercy of the state and its agencies, which severely undermines democracy and the democratic ethos of the social, psychological and economic lives of citizens. India is no exception to the problem. Hence, the author has endeavoured to explore the concept of privacy and its changing dimensions, along with legal and policy responses within India. [ABSTRACT FROM AUTHOR]

The UN Committee on the Rights of the Child has published its much-awaited General Comment No. 25 on children's rights in the digital environment in 2021. Much of the conversations since its adoption have centred on how General Comment No. 25 influences State behaviours in the western world or globally. Little attention has been given as to what General Comment No. 25 means for children's right to privacy in Africa. This article seeks to explore the role of General Comment No. 25 in clarifying States' obligations in respect of children's rights to privacy and data protection in the digital era on the African continent. In doing so, this article first contextualises General Comment No. 25 in the broader context of the United Nations human rights system and analyses its recommendations on children's right to privacy. Second, the article examines children's right to privacy in Africa and analyses the specific features of the African human rights system that influence the understanding of this right. Finally, the article illuminates certain child-specific privacy and data protection measures that are being or have been included or discussed in the law-making processes and policy debates in a selection of African countries and links them to both General Comment No. 25 and the socio-cultural context of the continent. [ABSTRACT FROM AUTHOR]

The current notice and choice privacy framework fails to empower individuals in effectively making their own privacy choices. In this Article we offer evidence from three novel experiments showing that at the core of this failure is a cognitive error. Notice and choice caters to a heuristic that people employ to make privacy decisions. This heuristic is meant to distinguish between a party's good or bad intent in face‐to‐face‐situations. In the online context, it distorts privacy decision‐making and leaves potential disclosers vulnerable to exploitation. From our experimental evidence exploring the heuristic's effect, we conclude that privacy law must become more behaviorally aware. Specifically, privacy law must be redesigned to intervene in the cognitive mechanisms that keep individuals from making better privacy decisions. A behaviorally‐aware privacy regime must centralize, standardize and simplify the framework for making privacy choices. To achieve these goals, we propose a master privacy template which requires consumers to define their privacy preferences in advance—doing so avoids presenting the consumer with a concrete counterparty, and this, in turn, prevents them from applying the intent heuristic and reduces many other biases that affect privacy decision‐making. Our data show that blocking the heuristic enables consumers to consider relevant privacy cues and be considerate of externalities their privacy decisions cause. The master privacy template provides a much more effective platform for regulation. Through the master template the regulator can set the standard for automated communication between user clients and website interfaces, a facility which we expect to enhance enforcement and competition about privacy terms. [ABSTRACT FROM AUTHOR]

Today the doctor-patient relationship typically takes place in a face-to-face setting. However, with the advent of artificial intelligence (AI) systems, two further interaction scenarios are possible: an AI system supports the doctor’s decision regarding diagnosis and/or treatment while interacting with the patient, or an AI system could even substitute the doctor and hence a patient interacts with a chatbot (i.e., a machine) alone. Against this background, we report on an online experiment in which we analyzed data from N = 1,183 people. The data was collected in German-speaking countries (Germany, Austria, Switzerland). The participants were asked to imagine they had been suffering from medical conditions of unknown origin for some time and that they were therefore visiting a health center to seek advice from a doctor. We developed descriptions of patient-doctor interactions (referred to as vignettes), thereby manipulating the patient’s interaction partner: (i) human doctor, (ii) human doctor with an AI system, and (iii) an AI system only (i.e., chatbot). Furthermore, we manipulated medical discipline: (i) cardiology, (ii) orthopedics, (iii) dermatology, and (iv) psychiatry. Based on this 3 × 4 experimental within-subjects design, our results indicate that people prefer a human doctor, followed by a human doctor with an AI system, and an AI system alone came in last place. Specifically, based on these 12 hypothetical interaction situations, we found a significant main effect of a patient’s interaction partner on trust, distrust, perceived privacy invasion, information disclosure, treatment adherence, and satisfaction. Moreover, perceptions of trust, distrust, and privacy invasion predicted information disclosure, treatment adherence, and satisfaction as a function of interaction partner and medical discipline. We found that the situation in psychiatry is different from the other three disciplines. Specifically, the six outcome variables differed strongly between psychiatry and the three other disciplines in the “human doctor with an AI system” condition, while this effect was not that strong in the other conditions (human doctor, chatbot). These findings have important implications for the use of AI in medical care and in the interaction between patients and their doctors. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Despite a growing need for mental health services for adolescents, treatment access among adolescents remains poor. Psychologists practicing in the United States are subject to highly variable legal standards for consent and confidentiality of minor clients, which can further suppress treatment accessibility. States permit independent consent for minors according to a wide range of criteria, but whether these criteria are empirically derived remains unknown. Inconsistencies between the law and ethical obligations for psychologists can expose minor clients to harm and force psychologists to make disclosures that violate patients' rights and ethical standards. These harms may be particularly severe for clients from vulnerable populations such as sexuality and gender diverse youth (SGDY). To prevent ethical dilemmas, psychologists and professional organizations should work toward an empirical understanding of the adolescent capacity to consent to mental health care and use that understanding to promote uniform consent and confidentiality standards. [ABSTRACT FROM AUTHOR]

This article tells the story of a three-decade delay in the publication of Masud Khan's personal diary, which he called his Work Books. They were meant for publication after his death in 1989, yet he neglected to name a literary executor prior to his death, and the copyright was subsequently allocated to the International Psychoanalytical Association (IPA). The IPA chose to destroy their copy of the Work Books in 2019, alongside all other Khan-related materials in their possession, yet Linda Hopkins, author of an acclaimed biography of Khan, worked alongside Steven Kuchuck to obtain permission from the IPA Executive Committee to publish an edited version of an exact copy of the Work Books which Khan had given to his close friends Robert and Sybil Stoller for eventual publication. This is the story of a struggle to get permissions, after objections were raised by various psychoanalysts who mistakenly feared the contents of the Work Books would invade the privacy rights of Khan's patients. [ABSTRACT FROM AUTHOR]

The article deals with the legal assessment of photographing and filming (intensive) patients in the hospital. It is pointed out that photographing and filming patients may be subject to restrictions, both in terms of criminal law and in terms of the right to privacy and data protection. The protection of the patients' intimate sphere must be guaranteed regardless of the ward in the hospital. It is emphasized that photographing and filming patients can be punishable in certain situations, especially if the most personal area of the person depicted is violated. The consent of the person being recorded can be a possible justification, but this is often questionable in the treatment context. Photographing patients for an intensive care diary may be permissible under certain circumstances, as it serves a therapeutic benefit. Data protection law does not apply to recordings for purely private purposes. [Extracted from the article]

Notice and consent approaches, being the most prevalent legal frameworks, have in recent years come under fire. I suggest they fail because they rest on a historical approach to privacy justice, whereby the justice of a particular state of affairs is a function of whether each transaction on the way was just. Instead, I make use of a background justice framing. Even where consent is present it is inadequate to secure the values at stake. When we only assess the fairness or freedom of individual information transactions, we fail to see the way many can undercut the very values we seek to secure by requiring consent for disclosures in the first place. I propose a patterned principle to regulate the distribution of individual control over privacy, and to set the background against which individual notice and consent can still play a role, albeit a limited one. [ABSTRACT FROM AUTHOR]

The essay explores the challenges and opportunities presented by the new European electronic communications code (EU Directive 2018/19712) within the context of the European strategy for the digital market. It discusses the evolution of digital platforms, emphasizing their significance as information intermediaries. The concept of "netizenship", or digital citizenship, and its cultural relevance in the modern era is explored. The document also highlights the importance of algorithmic transparency and the evolution of privacy in the age of Big Data. The issue of digital sovereignty is addressed, and the urgency for enhanced data protection in an increasingly connected world is underscored. [ABSTRACT FROM AUTHOR]

This article discusses the role of national competition authorities in the digital sector in the lights of new legislative initiatives in Europe. It argues that the availability of multiple tools offers new opportunities to balance objectives such as flexibility, harmonization, timeliness and legal certainty, helping to enhance effectiveness. Further, it discusses the recent enforcement experience of the Autorità Garante della Concorrenza e del Mercato (AGCM), which has the dual mandate to enforce competition and consumer protection rules in Italy. The AGCM has used antitrust tools to empower consumers with choice, through a number of landmark digital cases on issues related to access and visibility in online marketplaces, refusal to deal and interoperability, data value and portability, privacy and advertising, and unfair negotiations. The AGCM has used consumer protection tools to guide consumers in the selection process, concluding numerous digital investigations on online architecture, misleading information, dark patterns and choice pressure. [ABSTRACT FROM AUTHOR]

The advent of digital companies has brought benefits to society. Nevertheless, the digital era poses significant risks to consumers' privacy. The combination, through mergers, of enormous datasets could raise further privacy concerns. It has been much discussed whether and how consumer privacy concerns should be introduced within merger assessment. This paper approaches this issue from another perspective and reflects upon the circumstances under which the EU Merger Control Regulation (EUMR) has a role to address privacy issues. Accordingly, this paper clarifies the conditions that must be satisfied in order for privacy issues to fall within the EUMR's ambit. First, privacy should be a parameter of competition on the market and second, there must be a causal link between the merger and privacy deterioration. Following this, the paper turns to critically analyse the Commission's treatment of privacy issues in objectively selected mergers involving some of the most powerful digital companies. [ABSTRACT FROM AUTHOR]

In the past decade, cyber risk has raised much interest in the economy, and cyber risk has evolved from a type of pure operational risk to both operational and liability risk. However, the modeling of cyber risk is still in its infancy. Compared with other financial risks, cyber risk has some unique features. In particular, discrete variables regularly arise both in the frequency component (e.g. number of events per unit time), and the severity component (e.g. the number of data breaches for each cyber event). In addition, the modeling of these count variables are further complicated by nonstandard properties such as zero inflation, serial and cross-sectional correlations, as well as heavy tails. Previous cyber risk models have largely focused on continuous models that are incompatible with many of these characteristics. This paper introduces a new count-based frequency-severity framework to model cyber risk, with a dynamic multivariate negative binomial autoregressive process for the frequency component, and the generalized Poisson inverse-Gaussian distribution for the severity component. We unify these new modeling tools by proposing a tractable Generalized Method of Moments for their estimation and applying them to the Privacy Rights Clearinghouse (PRC) dataset. [ABSTRACT FROM AUTHOR]

This article considers how Montesquieu's theoretical response to his perceived dangers of modern commerce may guide us on teaching citizenship in higher learning today. I argue that a Montesquieu informed framework for civic learning, which primarily stresses a careful study of the nation's existing constitutional and positive laws, would (1) entail a baseline level of scientific and economic literacy to deepen our understanding of how commercial modernity's most recent innovations may undermine the authority of those laws if left unchecked, and (2) cultivate an appreciation for the laws, mores, institutions, and practices that some of these same innovations threaten to dissolve if left unchecked. The article concludes with practical recommendations on how to cultivate resilient future custodians of our self-governing republic. I contend that universities need to provide a learning environment that inspires students to crave different kinds of success or recognition, distinctly highlighting the need for heavy restrictions on the use of electronics in the classroom. I then propose that civics-focused curricula must ensure that students are furnished with the requisite technocratic expertise to (1) recognize how their daily economic decisions as private citizens will impact the public interest and (2) exercise prudent judgment over future legislation aiming to safeguard individual liberties within a techno-mediated twenty-first century commercial world. [ABSTRACT FROM AUTHOR]

Copyright of Istanbul Gelisim University Journal of Health Sciences / İstanbul Gelişim Üniversitesi Sağlık Bilimleri Dergisi is the property of Istanbul Gelisim Universitesi Saglik Bilimleri Yuksekokulu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the rapidly evolving digital era, the use of digital technology has become an integral part of everyday life, including for children. However, this development also raises concerns about the protection of children's personal data in the digital environment, which is vulnerable to misuse and exploitation. The purpose of this study is to determine and analyze the legal protection of children's personal data in Indonesia in the context of the digital era and explore the negative impact of the abuse of children's privacy rights in the digital environment, using a normative juridical research method with a statutory approach. The results show that in Indonesia there are several laws that protect children's personal data, such as the Child Protection Act, the Electronic Information and Transaction Act, the Personal Data Protection Act, the Minister of Communication and Information Technology Regulation, and the Government Regulation on Compensation for Children Who Are Victims of Criminal Acts. The negative impacts of the misuse of children's privacy include the risk of cybercrime, impaired child development, and emotional trauma. Therefore, efforts to improve the protection of children's personal data in the digital era are still needed by the government, technology platform providers, and parents to create a safe online environment that supports children's growth and development. The findings of this study have significant implications for policymakers, legal practitioners, and stakeholders involved in child protection in the digital space. Strengthening the legal framework and ensuring its effective implementation are important steps to protect children's personal data from misuse. [ABSTRACT FROM AUTHOR]

With the coming of a surveillance culture, even minute aspects of human life are being observed, collected, analyzed, and stored by institutions in charge of surveillance. On the other hand, the same does not apply to the institutions which are surveillant of the lives of individuals. Such phenomenon can be observed via various technologies of power prevalent in societies. One such technology of power is legislation passed by the State to access, control, analyze, disseminate, or store the personal information of citizens. This article analyses the Telecommunications Act, 2023 which has been hailed as a move towards decolonization by repealing the former colonial laws over telecom services. The article discusses various attributes of the 2023 Act to analyze the means through which the usage of biometric systems of identification leads to violation of the fundamental right to privacy, as envisaged by the apex court of India in the landmark judgment of Justice K S Puttaswamy (Retd) v Union of India and other judgments before and after. The article also argues how the works of Giorgio Agamben and Didier Bigo on a permanent state of emergency being materialized through surveillance of minute aspects of human life and consequently marks a shift towards totalitarian tendencies of governance. [ABSTRACT FROM AUTHOR]

The article examines the significance of the State of Ukraine's fulfillment of the negative and positive obligation to ensure proper realization, non-interference and protection of the right to privacy for its criminal law protection. The author emphasizes the importance for each State which is a party to the European Convention on Human Rights to formulate a national criminal law policy around criminalization of socially dangerous encroachments on human privacy in the context of compliance with the provisions of Article 8 of the European Convention. The author reveals the concept and content of the negative and positive obligations of the State in this area. The author analyzes the doctrinal approaches to understanding the significance of the ECHR legal positions formed because of legal interpretation of the provisions of the European Convention as a source of criminal law and criminal law policy of Ukraine. The author develops the position that such legal positions are not a source of criminal law. The author concludes that the provisions of the Convention on ensuring respect for human privacy, as interpreted by the ECtHR in its judgments (whether in respect of Ukraine or any other State party to the Convention), may be recognized as grounds for criminalization in a narrow sense, which does not include penalization. Formation of two main approaches to understanding the "right to respect for private life" provided for in Art. 8, namely, as the state's obligation not to interfere in the private sphere of a person (negative obligation) and as the state's obligation to take active steps to protect this right (positive obligation), actually combines the right to non-interference by the state in the private life of a person and the right to respect, which is realized through the creation of effective mechanisms for the protection of the right to privacy by both state bodies and individuals. Thus, the need to fulfill the negative and positive obligations of the State to comply with Article 8 of the European Convention is a significant factor in the social conditionality of criminal law protection of respect for private and family life in the context. [ABSTRACT FROM AUTHOR]

In the article, based on the analysis of national legislation, international documents, national and international judicial practice, the views of scientists, the issue of ensuring the employee’s right to privacy at the workplace is considered. It is noted that today domestic labor legislation does not yet enshrine this right (the employee’s right to privacy at the workplace), which, in turn, contributes to abuse by the employer, and leads not only to an unsatisfactory level of protection of the constitutional right to respect for private life, and in the future may lead to the international recognition of Ukraine as a state that does not provide an adequate level of such protection, particularly in the field of labor. It is emphasized that in the conditions of martial law, the right to privacy may be limited by law in the interests of national security, territorial integrity or public order in order to prevent riots or crimes, to protect public health, to protect the reputation or rights of other people, to prevent the disclosure of information, received confidentially, or to maintain the authority and impartiality of justice. As a result, it was concluded that the right to privacy at the workplace, which should be guaranteed to all employees regardless of the type of employment relationship, industry affiliation or form of ownership of the enterprise, should be established at the legislative level, taking into account international experience and judicial practice. Since the regulation of all aspects of the employee’s right to privacy in the workplace in the Ukrainian legislation will prevent abuse by the employer of employee control measures. In particular, supporting the proposals of other researchers, it is proposed to supplement the Code of Labor Laws of Ukraine with a rule that when concluding, changing and terminating an employment contract, persons entering work and employees are guaranteed the right to privacy regarding their personal and family life. At the same time, the limits, grounds and conditions of the employer’s interference with the employee’s right to privacy must meet three criteria: the legal grounds for the interference, the legitimate purpose of the interference, and the proportionality of such interference to the stated goal. [ABSTRACT FROM AUTHOR]

The article is dedicated to the legal analysis of the case law of the CJEU and the ECtHR regarding the implementation of the right to be forgotten and the right to privacy. It is established that the development of digital technologies has enabled rapid information exchange and its almost indefinite storage in the digital environment. However, such widespread availability of data about individuals and the inability to update or supplement this information have posed new challenges to society in ensuring the protection of personal data and privacy. The right to be forgotten is one of the tools through which a person can delete truthful but outdated information about themselves on the Internet, provided that such information is not of public interest. It is proven that although the right to be forgotten has been implemented within the EU for over a decade, lawyers and human rights activists consider it the second most complex obligation of the General Data Protection Regulation to implement. It is argued that both the CJEU and the ECtHR often inadequately describe the factual circumstances of cases and disregard the confidentiality of the parties involved. Individuals who apply to the court for the deletion or anonymization of personal data on the Internet often receive the opposite effect due to the public and scientific community’s interest in such cases. It is argued that in order to maintain a reasonable balance between privacy and freedom of expression, court decisions should contain all factual circumstances of the case, but the personal data of the parties involved and other circumstances that may indicate the applicant should be anonymized. This will help avoid censorship, ensure the right to memory, and enable an understanding of the factual basis on which courts have developed their legal arguments. It is argued that since the materials of cases before the ECtHR and the CJEU are often transmitted to national courts of member states for quality protection of confidentiality, it is necessary for them to correctly anonymize the personal data of the parties involved in the case and information that could identify the applicant. [ABSTRACT FROM AUTHOR]

The essential feature of general permissive legal regulation, that is its focus on the maximum exercise of freedom within the existing legal order, presupposes a certain area of such regulation. This area covers a number of values, the embodiment of which depends on the corresponding amount of freedom, and they include the value of the human person (and the main components, such as life and health, honor and dignity, inviolability and security of man), democracy, local self-governance, civil society, etc. These social values “get” new opportunities for their implementation due to this type of legal regulation, since its main tools objectify the corresponding amount of freedom. These are legal prohibitions, obligations, and permissions that “accompany” and reflect the content and scope of a number of rights that guide the “general permissive process” of the embodiment of these values, such as the value of honor and dignity – the right to respect for human dignity; the right to privacy (which to a maximum extent reflects the interconnection of these values as paired categories, since they are fixed in the Constitution); other rights that determine “decent conditions of human life”. This makes it possible to clarify under conditions of general permissive regulation the content and scope of different types of rights, and therefore – different types of freedom, for example: 1) economic freedom (“decent economic living conditions”) taking into account the following correlations: a) dignity and freedom of property, freedom of work, freedom of housing, etc., characterized by active human behavior and illustrating the maximum amount of freedom; b) dignity and minimum social standards – opportunities for social protection, and “sufficient standard of living”, which on the contrary determine the “active role” of the state. In this regard such issues occur as the legal nature of certain legal prohibitions, obligations, permissions and their assessment through the prism of freedom, such as benefits (benefits, compensations) that are permissions and “enhancers” of economic freedom that perform the function of its preservation and restoration; positive obligations of the state that perform the function of obligations and “enhancers” of economic freedom; discretion of the state (legal permission as a specific restrictor of freedom), which presupposes the minimum permissible amount of such freedom; 2) ideological freedom («decent political and cultural conditions of life») and its maximum manifestation that covers the links between dignity and freedom of speech, conscience, education and language, etc. At the same time, specific legal instruments are revealed, such as qualification conditions and requirements as obligations that should be assessed through the prism of false restrictors of this type of freedom. [ABSTRACT FROM AUTHOR]

Contemporary education is being undeniably shaped by datafication, and while new algorithmic and automated decision-making processes can have educational benefits, they also raise issues about children's digital rights and education policy responses to these rights. This study mapped how children's digital right to privacy and related human rights concepts are present in education policy documents of Australia's three largest state government departments of education. A children's rights coding framework was developed from the United Nation's 'General comment No. 25 (2021) on children's rights in relation to the digital environment' and used to code the dataset. Two levels of analysis were then undertaken. Level 1 involved code and subcode frequency analyses of concepts related to children's digital rights in policy documents. Level 2 was a descriptive qualitative analysis designed to understand how digital rights were expressed in policy. The study found that although all state government departments of education reflected some elements of children's digital rights, some states had a more complex, sustained and public-facing commitment to expressing these in policy. The study concluded that Australian government departments of education should work towards providing more transparent public-facing policy on children's digital rights that can empower students and their families to make informed decisions within a rapidly shifting digital environment. [ABSTRACT FROM AUTHOR]

AbstractIn the digital age, human-algorithm interaction has become ubiquitous. The popularity of short-form video apps has led to greater access to and experience with algorithmic recommender systems, but it has also exposed their potential problems and dark sides. However, there is still limited knowledge about the dark side of over-recommendation from the perspective of user perception, especially regarding the negative impact on users’ psychology and behavior. Drawing on social cognitive theory, this study constructed a theoretical model to investigate how information environment factors influence users’ cognitive dissonance and discontinuance intention under the antecedent dimension of perceived over-recommendation. The model was tested using partial least squares structural equation modeling on 322 valid questionnaires from users of Chinse mass short video apps (eg, Douyin). The results showed that when users perceived over-recommendation, information narrowing, information redundancy, perceived overload, and privacy invasion significantly increased their cognitive dissonance, ultimately leading to discontinuance intention. Notably, cognitive dissonance fully mediated the relationship between the information environment and discontinuance intention, and self-efficacy did not play a significant moderating role. Additionally, the local path effects varied significantly across groups with different characteristics. To maintain the sustainability of short video platforms, it is crucial to explore moderate recommendation mechanisms. User-centered functionality improvements and differentiated behavioral interventions can help mitigate negative psychology and discontinuance intention among users. [ABSTRACT FROM AUTHOR]

The advancement of the logistics industry has fostered the enhancement of operational efficacy within the socioeconomic domain. However, the current inevitable privacy leaks in the process of logistics transportation have seriously affected the development of the industry, which led to a crisis of consumer trust and even caused economic recession. This paper proposes a self-sovereign identity privacy protection scheme tailored specifically for logistics transportation contexts. First, the scheme entails furnishing users with one-time-use tokens while establishing decentralized identities capable of concealing identity information and ensuring the secure transmission of data. Furthermore, the scheme integrates fuzzy identity-based encryption to encrypt identity information, thereby guaranteeing the confidentiality and integrity of logistics user identities along with their associated data. Compared with other schemes, this scheme exhibits superior security in the realm of logistics transportation. Its targeted encryption technology and self-sovereignty strategies address the critical issue of privacy leakage, thereby safeguarding consumer privacy rights and interests while facilitating the sustainable development of the logistics industry. [ABSTRACT FROM AUTHOR]

Adolescence is a life stage beset by a growing desire for privacy. This study evaluated adolescents' experiences across four types of potentially privacy‐invasive behaviors (PPIVBs) and within four different types of relationships. 158 adolescents (Mage = 16.9 years, SD = 1.0; 53.5% female) reported on the frequency of the PPIVBs, perceived control over the behaviors, secret/private information threatened by the behaviors, and feelings of privacy invasion produced by the behaviors. Privacy experiences were more similar across relationships than across types of behavior. Stronger feelings of privacy invasion were reported for PPIVBs involving electronics and information, for behaviors by family members, when behaviors occurred infrequently, when adolescents perceived greater control over whether the behaviors occurred, and when behaviors threated secret/private information. [ABSTRACT FROM AUTHOR]