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Data Protection Laws

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Table of Contents-

Introduction-

 The development of the information and the communication technologies has provided the individuals and the business organization opportunities for making the expansion for their business and provides the facilities to make the communication and easy transactions with other parties electronically.

This development has also created the variety of the laws and the regulatory issues for the policy makers. These issues are raised and developed for controlling the chances or the possibilities of the cyber crime and also to make the protection of the intellectual property rights online. This particular assignment will be making the deep analysis of the data protection law in terms of the communication and technology.

Information communication technology law, access rights and the protection laws: Global issues and the approaches:

The laws for the data protection has been seek to provide the protection to the data of the individuals by developing rights on their data, imposing the rules on the way and the manner by which the government and the companies makes the use of their data.

It establishes the laws and the regulations for making the enforcement of the laws on transferring and use of the personal data (Taylor, et. al., 2014). The law for the data protection has been established in the year of the 1969s in response to that of the increase in the use of the databases and the computers for transferring the personal and the business information’s.

New challenges are also emerging in the world in the form of the development of the different business models, systems, and the services and the new technologies and this development basically relays on the online data sharing, profiling and tracking. The frame work for the data protection have provided the regulatory regimes and the boundaries may required to be created for addressing the emerging new  system for the transmissions.

Protection of the private information in the modern society is considered as essential to develop good and effective democratic governance. Despite of the increasing awareness for the privacy rights and the data protection laws all around the world, there is still a lack of the institutional and the legal processes and also the infrastructure for supporting the protection rights (Suo, et. al., 2012).

Data protection law basically deals with the safety and security of transmission of the personal data in the computerized and electronic format. This law has not been established on the centralized basis in the USA but this law provides the assurance for the safety and protection of transmission of personalized data under the United States privacy act, Health assurance portability and the accountability act (Lloyd, 2017).

In the present scenario Information technology and the communication plays a vital role in the current dynamic world. Along with this, the relationship of the ethics, laws politics, social policy on access to technology, continuous use and the regular advancement is important factor for the development and the creation of the existing or the new technology. Due to the change in the policies and the legal framework of the many countries in the world suffers from the problem of void.

With the result of the innovation in the technology and the policy, public and the private sectors data practices remained unchecked and unregulated, this will make the heavy influence on the rights of the people. So for solving this problem the laws for the data protection has come into the note for providing the assurance for the protection of the data which is to be transmitted (Sicari, et. al., 2015).

Information technology and the communication law, access and the protection rights: Global issues and the approaches:

This makes the identification of the key issues in the association between the laws and the ICT, politics, social policies and the ethics.

New Information communication technology laws embodied data privacy protection:

With the more advancement of the computers and the increase in the use of the communication and information technologies, the need for the data privacy protection has also been developed in the modern societies. Since from 1950s when initially the computers were invented till the present date, privacy has been considered to be secured or conserved for the western societies only being the reason that outside the western hemisphere there will be little or no preoccupancy in the field of privacy.

Most recently adopted laws of the ICT are considered as the most comprehensive that has been ever adopted in the industry of the Information communication technology. This law was considered as the most awaited law. The basic aim for the creation of such law is to develop the comprehensive legal framework for the communication and information technologies that underpins the policies of the ICT.

It is important to create the gap between the IT applications and the IT laws. This was considered important particularly for the lawyers and the law enforcement to create or produce the broad techno- legal prospective (Urry, 2016). Information technology and communication has potentially facilitated the large growth in the volume of the Tran’s border data flows and creation of the international security due to the massive spying activities of the western countries.

This law of the information communication and the technology is applied to the information society, electronic communication postal and the broadcasting sectors as they are closely interlinked. The law for the information technology and communications states that, “nevertheless with any other provisions of these laws every user or the subscriber who is making use of the data or the voice communications conducting by the mean of the network of electronic media and communication, must remains the confidential to the person who is making the communication.

The other laws provide the laws and regulations which regulates the e-government and the electronic transmission. In relation to that of the protection of the personal data and the information, it provides the conditions for maintaining the electronic records for every transaction by the regulations.

In the present scenario for the individuals, who is transferring the data all around the world through the internet mainly via social media often are not aware that to whom the need for protecting the rights arises. Therefore due to this reason the regulations for the developing the data privacy is proved essential, especially in the technology driven society (Chen, 2012).

In the present scenario Europe is considered as the country that has created the highest data protection standards and the policies than that from the other countries of the world. This made the great influence on the development of the data privacy and the protection laws in the countries like of Rwanda and Africa in particular. Africa has adopted the Data protection convection and the laws for the cyber security in the year 2014.

Conclusion

It’s been found that for solving the problem of the data protection law, various public or the private institutes which collects a make use for your personal data which must be in subject to that of the standards on steps for handling of the data which is processed.

The process for the transmission and collection of data should be in the accountable and the transparent manner and as per the law. The legislations for the data protection law must be carefully be scrutinized to make the assurance that the resulting outcome is strong as it can be possible and is not crippled by the exemptions and the legal loopholes.

References-

  • Taylor, R.W., Fritsch, E.J. and Liederbach, J (2014). Digital crime and digital terrorism. Prentice Hall Press.
  • Lloyd, I. (2017). Information technology law. Oxford University Press
  • Sicari, S., Rizzardi, A., Grieco, L.A. and Coen-Porisini, A. (2015). Security, privacy and trust in Internet of Things: The road ahead. Computer networks76, pp.146-164.
  • Urry, J. (2016). Mobilities: new perspectives on transport and society. Routledge..
  • Chen, Y.K. (2012), January. Challenges and opportunities of internet of things. In Design Automation Conference (ASP-DAC), 2012 17th Asia and South Pacific (pp. 383-388). IEEE.
  • Suo, H., Wan, J., Zou, C. and Liu, J. (2012), March. Security in the internet of things: a review. In Computer Science and Electronics Engineering (ICCSEE), 2012 international conference on (Vol. 3, pp. 648-651). IEEE.

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