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Ensuring rights of the data subject in non-EU countries

Published: 03 April 2019 Publication History

Abstract

Some concepts of legal protection of data subject first guaranteed by the Council of Europe Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data ("Convention 108") in 1981. However, the Convention 108 lacked to stipulate rights of a data subject. Directive 95/46/EC of the European Parliament and of the Council of the European Union that was approved on 24 October 1995 has secured two particular rights of data subject, which are right of access to data and right to object data processing. Regulation (EU) 2016/679 of the European Parliament and of the Council, which guarantees all rights of the data subject in European Union was adopted on 27 April 2016. However, these rights of data subject that secured through above regulations are only applicable to the European Union, not to other countries. This article aims to identify the rights of data subjects in non-EU countries by thoroughly examining national legislations of such countries and compare them to the European Union. Based on the examination, the article attempts to propose potential ways of ensuring rights of the data subject in non-EU countries.

References

[1]
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. Council of Europe, 1981
[2]
Handbook on European data protection law - 2018 edition. Council of Europe, 2018.
[3]
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). European Union, 2016.
[4]
GDPR - The Data Subject, Citizen or Resident?. CyberCouncil.co.uk, 2017.
[5]
UNCTAD | Data Protection and Privacy Legislation Worldwide. Unctad.org, 2018.
[6]
National Data Privacy Legislation. Worldlii.org, 2018.

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    ICEGOV '19: Proceedings of the 12th International Conference on Theory and Practice of Electronic Governance
    April 2019
    538 pages
    ISBN:9781450366441
    DOI:10.1145/3326365
    Permission to make digital or hard copies of part or all of this work for personal or classroom use is granted without fee provided that copies are not made or distributed for profit or commercial advantage and that copies bear this notice and the full citation on the first page. Copyrights for third-party components of this work must be honored. For all other uses, contact the Owner/Author.

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    Association for Computing Machinery

    New York, NY, United States

    Publication History

    Published: 03 April 2019

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    Author Tags

    1. Rights of the data subject
    2. data protection
    3. personal data

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    ICEGOV2019

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    ICEGOV '19 Paper Acceptance Rate 81 of 171 submissions, 47%;
    Overall Acceptance Rate 350 of 865 submissions, 40%

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