Introduction
Technological advances in computer and telecommunication system have removed some of the traditional barriers to computerized information flows. For example the barrier of distance has been effectively eliminated by Internet, the Internet, in particular, has enabled information to be transfer around the world instantly.
The demand of economic growth has result to data to be transfer globally. As this must happen concern are arise as how to protect individual right and make sure that data are used lawful.
Whereby the UK and EU has impose policy for the individual data to be transfer outside European must meet an adequate level of protection, yet there is an argument that to meet adequate protection of data will result the protectionism between country, while allowing transfer of data abroad may bypass the privacy of individual data protection law.
What is a Transborder Data Flow?
TBDF is the flow of electronic data across political boundaries, such as between states or countries, a process that can cause legal conflicts such as who owns a particular piece of information and who may use it .
Legislation for Trans-border Data Flow
Two crucial international instruments evolved:
The Organization for Economic Co-operation and Development “OECD” adopted guidelines for the protection of privacy of personal information in an effort to harmonize national privacy legislation and prevent interruptions in international data flow.
And the Council of Europe’s 1981 Convention for the Protection of Individuals with regard to the Automatic Processing of Personal Data (CoE Convention)
Both the OECD and CoE Convention stress the importance of free flow of information. The OECD Guidelines contain four Basic Principles of Int...
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...cription of selected international responses will reveal some measures, which could be appropriate for many country policy approaches. International agreement have attempted to rationalize the plethora of national responses
The majority of Africa countries including Tanzania doesn’t have any information protection legislation in place, it has been impossible to meet the adequate level of protection standard requires of countries within EU. At the means time the option of EU standard contract and binding can be applicable for organization than doing nothing.
The TBDF has many challenge and issue but important is to recognize the concerns and understanding the reasons behind them while extend existing privacy protection legislation so that future agreements can guarantee protection of rights while ensuring that international data flow of data is necessarily.
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The Data Protection Act 1998 places controls on the length of time, who has access, and how much personal information can be stored on an individual by organisations, businesses and the Government. Any private information must be kept secure in compliance with the law. This ensures the individual’s right to privacy and confidentiality is upheld. (Gov.uk.
In the United States, US law prohibits the direct collection of certain information. This includes, but not limited to information about ethnicity, sexual orientation, etc1. The European Union (EU) has set guidelines for members of the union. These guidelines set strict rules for the “processing” of personal information. The EU defines processing as collection, use, storage, retrieval, transmission, destruction, and other actions2. The rules also provide provisions requiring the consent of the individual person before this “processing” can occur.
The personal connection Americans have with their phones, tablets, and computers; and the rising popularity of online shopping and social websites due to the massive influence the social media has on Americans, it is clear why this generation is called the Information Age, also known as Digital Age. With the Internet being a huge part of our lives, more and more personal data is being made available, because of our ever-increasing dependence and use of the Internet on our phones, tablets, and computers. Some corporations such as Google, Amazon, and Facebook; governments, and other third parties have been tracking our internet use and acquiring data in order to provide personalized services and advertisements for consumers. Many American such as Nicholas Carr who wrote the article “Tracking Is an Assault on Liberty, With Real Dangers,” Anil Dagar who wrote the article “Internet, Economy and Privacy,” and Grace Nasri who wrote the article “Why Consumers are Increasingly Willing to Trade Data for Personalization,” believe that the continuing loss of personal privacy may lead us as a society to devalue the concept of privacy and see privacy as outdated and unimportant. Privacy is dead and corporations, governments, and third parties murdered it for their personal gain not for the interest of the public as they claim. There are more disadvantages than advantages on letting corporations, governments, and third parties track and acquire data to personalized services and advertisements for us.
It has long been believed that information is power. Thus, people collecting personal information in ...
The issue of Internet privacy is not a new topic. Numerous articles displaying the urgency of the issue have been published time and time again. Yet no immediate action seems to have taken place. The issue of privacy over the Net can be in the form of personal privacy, privacy of details, and even physical privacy. The Sunday Mail published a special three-page report on June 4th 2000, outlining a variety of cases where individual’s privacy, had been invaded over the Net through various chat sites. This report was based as a warning to parents, telling of how children, and young teenagers are having their personal privacy invaded by perverted older individuals, who seduce them. Another electronic media article was that of ‘Internet privacy? What privacy!’ by James Norman. This article focused on the problems of Internet privacy, rather than the solutions, however it did come up with various interesting comments. Norman states, ‘Given the number of entities that have access to our personal information through databases and list-swapping, it becomes impossible to know how our lives are being rifled through’. Which is completely true, once you’re information is on the Net, it free for the tak...
The paper will deal with two aspects of the privacy-vs-security issue. The first one is concerned with general civil liberties, where privacy is understood to mean freedom to make personal (private) choices in our own homes, control our daily lives and decide with whom we share information that is of our concern – information about our emotions, attitudes, behavior and future decisions and events. The second aspect deals with the privacy vs. security on the internet. Since we live in a technological era, internet has become an inseparable part of our l...
The world erupted in outrage following revelations by Edward Snowden regarding the extent of surveillance perform by the National Security Agency. Privacy becomes one of the hottest topic of 2013 and was chosen by the world’s most popular online dictionary, Dictionary.com, as the Word of the Year. However, the government is not the only one that conduct data gathering and surveillance. Employers often monitor their employees, and businesses collect data on theirs customer. The morality of these practices is a topic that generates heated debate.
The finding of this report are based on four different factors for different factor for analysis of personal data protection and personal data privacy. The first is current regulations, which ……
However, “the right to the protection of personal data is not, however, an absolute right, but must be considered in relation to its function in society” as put by the Court in Schecke and Eifert. Thus, article 8(2) of the Charter authorises the processing of personal data the conditions are met. In addition to that, article 52(1) of the Charter enviseages the possibility to restrict the rights enshrinded in the Charter if the conditions are fulfilled. The last but not the least important provision is article 52(3) of the Charter which gives the rights in the Charter the same meaning and scope with European Convention on Human Rights
Perhaps the founder of Facebook, Mark Zuckerberg, said it best when he claimed that privacy is no longer a “social norm.” Virtually everyone has a smart phone and everyone has social media. We continue to disclose private information willingly and the private information we’re not disclosing willingly is being extracted from our accounts anyway. Technology certainly makes these things possible. However, there is an urgent need to make laws and regulations to protect against the stuff we’re not personally disclosing. It’s unsettling to think we are living in 1984 in the 21st century.
SAHRC. (2012, February 10). Submission to the D Hoc Committee on Protection of State Information Bill. South Africa: SAHRC.
Created for communication, the internet, both the world wide web and the deep web, is the greatest way to transmit information between multiple platforms. The exponential growth of the internet only increased its use in the world, with a myriad of digital services, like the media, articles, forums, and entertainment and social platforms, especially twitter, youtube, facebook, and multiplayer gaming, using it as a vehicle for communication and spreading information, and possibly also influence. The uses of the Internet is good to know, sure, but what does it have to do with the concept of privacy? Today, the involvement of the internet with privacy gets quite convoluted, and countless issues, successes, controversies, and terrors have occurred
As can be seen, from the information presented, the need for laws and restrictions concerning internet data collection is greatly needed. Moreover, the government can search private citizens data without warrant or cause. Also, companies are not only collecting internet user data but also selling it. The companies and agencies who commit such crimes should be fined or either closed down. In closing, the privacy and security of individuals on the internet should be upheld by the United States government.
In this new era of the Internet, most people use the Internet to acquire information of one kind or other. But what these people are not aware of is that the Internet is collecting information about them. Every time we get onto the Internet there might be a compromise of privacy of our personal information. The information flows both ways. With every clock of the mouse on a hyperlink, or an addition to the mailing list, someone out there might be gathering information about us. This raises the seriousness of privacy of our information on the Internet.
With the controversy of intrusion of privacy, this has forced various governments to make laws and clarifications of laws in multiple countries. For example,