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نتیجه جستجو - قانون حفاظت

تعداد مقالات یافته شده: 16
ردیف عنوان نوع
1 Conservation laws of the one-dimensional equations of relativistic gas dynamics in Lagrangian coordinates
قوانین حفاظت از معادلات یک بعدی پویایی گاز نسبی در مختصات لاگرانژی-2020
The present paper is focused on the analysis of the one-dimensional relativistic gas dynamics equations. The studied equations are considered in Lagrangian description, making it possible to find a Lagrangian such that the relativistic gas dynamics equations can be rewritten in a variational form. Such a Lagrangian is found in the paper. Complete group analysis of the Euler–Lagrange equation is performed. The found Lagrangian and the symmetries are used to derive conservation laws in Lagrangian variables by means of Noether’s theorem. The analogs of the newly found conservation laws in Eulerian coordinates are presented as well.
Keywords: Relativistic gas dynamics | Symmetry | Noether’s theorem | Conservation law
مقاله انگلیسی
2 Data protection law beyond identifiability? Atmospheric profiles, nudging and the Stratumseind Living Lab
قانون حفاظت از داده ها فراتر از قابلیت شناسایی؟ پروفایل های جوی، تلنگر زدن و آزمایشگاه زنده Stratumseind-2020
The deployment of pervasive information and communication technologies (ICTs) within smart city initiatives transforms cities into extraordinary apparatuses of data capture. ICTs such as smart cameras, sound sensors and lighting technology are trying to infer and affect persons’ interests, preferences, emotional states, and behaviour. It should be no surprise then that contemporary legal and policy debates on privacy in smart cities are dominated by a debate focused on data and, therefore, on data protection law. In other words, data protection law is the go-to legal framework to regulate data processing activities within smart cities and similar initiatives. While this may seem obvious, a number of important hurdles might prevent data protection law to be (successfully) applied to such initiatives. In this contribution, we examine one such hurdle: whether the data processed in the context of smart cities actually qualifies as personal data, thus falling within the scope of data protection law. This question is explored not only through a theoretical discussion but also by taking an illustrative example of a smart city-type initiative – the Stratumseind 2.0 project and its living lab in the Netherlands (the Stratumseind Living Lab; SLL). Our analysis shows that the requirement of ‘identifiability’ might be difficult to satisfy in the SLL and similar initiatives. This is so for two main reasons. First, a large amount of the data at stake do not qualify as personal data, at least at first blush. Most of it relates to the environment, such as, data about the weather, air quality, sound and crowding levels, rather than to identified or even likely identifiable individuals. This is connected to the second reason, according to which, the aim of many smart city initiatives (including the SLL) is not to identify and target specific individuals but to manage or nudge them as a multiplicity – a combination of the environment, persons and all of their interactions. This is done by trying to affect the ‘atmosphere’ on the street. We thus argue that a novel type of profiling operations is at stake; rather than relying on individual or group profiling, the SLL and similar initiatives rely upon what we have called ‘atmospheric profiling’. We conclude that it remains highly uncertain, whether smart city initiatives like the SLL actually process personal data. Yet, they still pose risks for a wide variety of rights and freedoms, which data protection law is meant to protect, and a need for regulation remains.
Keywords: Data protection | Personal data | Smart city | Profiling | Nudging | Stratumseind
مقاله انگلیسی
3 Dead ringers? Legal persons and the deceased in European data protection law
زنگ های مرده؟ اشخاص حقوقی و متوفی در قانون حفاظت از داده های اروپا-2020
Notwithstanding suggestions that the concrete treatment of legal and deceased person data during European data protection’s development has been broadly comparable, this article finds that stark divergences are in fact apparent. Justification for the inclusion of both categories has rested on a claimed linkage to living natural person interests. However, despite early fusion, legal persons have been increasingly seen to have qualitatively different information entitlements compared to natural persons, thereby leaving European data protection with a very limited and indirect role here. In contrast, living natural persons and the deceased have not been conceived as normatively dichotomous and since the 1990s there has been growing interest both in establishing sui generis direct protection for deceased person data and also indirect inclusion through a link with living natural persons. Whilst the case for some indirect inclusion is overwhelming, a broad approach to the inter-relational nature of data risks further destabilizing the personal data concept even in relation to living persons alone. Given that jurisdictions representing almost half of the EEA’s population now provide some direct protection and the challenges of managing digital data on death continue to grow, the time may be ripe for a ‘soft’ recommendation on direct protection in this area. Drawing on existing law and scholarship, such a recommendation could seek to specify the role of both specific control rights and diffuse confidentiality obligations, the criteria for time-limits in each case and the need for a balance with other rights and interests which recognises the significantly decreasing interest in protection over time.
Keywords: Companies | Confidentiality | Personal data | Privacy | Testamentary interests | Reputation
مقاله انگلیسی
4 Framing Big Data in the Council of Europe and the EU data protection law systems: Adding ‘should’ to ‘must’ via soft law to address more than only individual harms
چارچوب‌بندی کلان داده در شورای اروپا و سیستم‌های قانون حفاظت از داده اتحادیه اروپا: افزودن «باید» به «باید» از طریق قانون نرم‌افزار برای پرداختن به بیش از آسیب‌های فردی-2020
On 19 November 2019 the Council of Europe hosted an international conference, immediately preceding the annual plenary meeting of its Committee of Convention 108, on “Convention 108+ and the future data protection global standard”. One of the authors made a presentation on “Comparing the EU and Council of Europe approach to Big Data”, and it is its contents and findings that are further elaborated in this paper; Its aim is, in essence, to incorporate the feedback received and to adapt past research on Big Data, that was mostly relevant to the EU, also on the Council of Europe data protection system. After a few preliminary remarks on Big Data terminology and possible regulatory approaches, Big Data regulation is examined against the EU and the Council of Europe data protection systems. Particular emphasis is given to the Council of Europe regulatory approach both in terms of Convention 108+ and with regard to its Guidelines on Big Data and AI. The authors believe that, because both the EU and the Council of Europe have avoided to refer to Big Data in their basic data protection regulatory texts (a most likely intentional omission), guidance is indeed needed, and it may well come in the form of soft law. The Council of Europe has taken the lead in this through its Guidelines; Their timely, comprehensive and balanced approach showcases the Council’s will for such processing to indeed take place, but within a well-regulated environment, albeit not under a rigid regulatory construction.
Keywords: Big Data | Council of Europe Convention 108+ | Council of Europe guidelines
مقاله انگلیسی
5 Mapping the development of China’s data protection law: Major actors, core values, and shifting power relations
ترسیم توسعه قانون حفاظت از داده های چین: بازیگران اصلی، ارزش های اصلی و تغییر روابط قدرت-2020
This Article seeks to map the possible paths of the development of China’s data protection law by examining the changing power relations among three major actors - the State, digital enterprises and the public in the context of China’s booming data-driven economy. We argue that focusing on different core values, these three major actors are the key driving forces shaping China’s data protection regime. Their dynamic and multidimensional power relations have been casting the development of China’s data protection law with various uncertainties. When persuing different, yet not always conflicting values, these three major actors may both cooperate and compete with each other. Based on our careful analysis of the shifting power relations, we identify and assess three possible paths of the development of China’s data protection law. We are much concerned that the proposed comprehensive data protection law might be a new attempt of the State to win legitimacy abroad, while actually trying to reinforce massive surveillance besides economic goals. We argue that a modest alternative may be that this law might show some genuine efforts for protecting data privacy, but still with poor enforcement. Last, we argue that the most desirable development would be that this law could provide basic but meaningful and effective protection for data privacy, and lay a good foundation for further development.© 2020 Bo Zhao and Yang Feng. Published by Elsevier Ltd. All rights reserved.
مقاله انگلیسی
6 Can the GDPR make data flow for research easier? Yes it can, by differentiating! A careful reading of the GDPR shows how EU data protection law leaves open some significant flexibilities for data protection-sound research activities
آیا GDPR می تواند جریان داده برای تحقیق را آسان تر کند؟ بله می تواند، با تمایز! مطالعه دقیق GDPR نشان می‌دهد که چگونه قانون حفاظت از داده‌های اتحادیه اروپا انعطاف‌پذیری قابل توجهی را برای فعالیت‌های تحقیقاتی حفاظت از داده باز می‌گذارد:-2020
Against the common perception of data protection as a road-block, we demonstrate that the GDPR can work as a research enabler. This study demonstrates that European data protection law’s regulatory pillars, the first related to the protection of the fundamental right to data protection and the second regarding the promotion of the free flow of personal data, result into an architecture of layered data protection regimes, which come to tighten or relax data subjects’ rights and data protection safeguards vis à vis processing activities differently grounded in public or merely economic interests. Each of the identified data protection regimes shape different “enabling regulatory spots” for the processing of sensitive personal data for research purposes.
Keywords: Health data | Research | Data protection | Free flow | GDPR | Safeguards
مقاله انگلیسی
7 One law to rule them all? The reach of EU data protection law after the Google v CNIL case
یک قانون برای همه آنها حکومت کند؟ دسترسی به قانون حفاظت از داده اتحادیه اروپا پس از پرونده Google v CNIL-2020
Google v CNIL is, arguably, one of the landmark cases of EU data protection law and it has been an important development regarding its territorial reach. The judgment’s findings in this regard have been controversial and have led to much discussion about their legitimacy and potential repercussions. This paper examines two aspects of this case. First, it considers the holdings of this judgment regarding the global application of EU law in relation to international law and sovereignty. This article argues that though EU decision-makers might have a degree of ‘data imperialism’ in their thinking, this judgment is not at odds with neither international law nor sovereignty. Second, the paper examines the methodology of the Court and the role it accorded to the Charter of Fundamental Rights of the EU– an aspect that many commentators overlook. In this regard, I argue that the Court’s methodology was problematic and that it failed to duly consider the role of the Charter, thus fragmenting EU law.© 2021 Emmanuel Bougiakiotis. Published by Elsevier Ltd. All rights reserved.
Keywords: Data protection | Extraterritoriality | International law | Google | Data imperialism | Charter of fundamental rights
مقاله انگلیسی
8 UK further education sector journey to compliance with the general data protection regulation and the data protection act 2018
سفر بخش آموزش بیشتر بریتانیا به انطباق با مقررات عمومی حفاظت از داده ها و قانون حفاظت از داده ها در سال 2018-2020
The Further Education sector provides training and qualifications to 2.2million young people and adults annually and in the process collect a wealth of data which must be properly managed to ensure it is processed in a fair and transparent manner, maintaining compliance with good information governance and data protection legislation. This article shares the findings of a study which explored the content of General Data Protection Regulation action plans, first hand accounts from data practitioners and the views of students as provides embraced the new legislation.
The article demonstrates how a sector which fills the void between schools and univer- sities is unique in the challenges they face when ensuring compliance with data protection laws. These challenges include the application of legislation, noting key differences between the nations of the United Kingdom, and the moral duties placed upon the provider by par- ents who expect open dialogue with the education provider, consistent as happened with lower levels of education. This must be balanced with the student’s right to data privacy and control over who can access their educational records .© 2021 Benjamin Phillips. Published by Elsevier Ltd. All rights reserved.
Keywords: Data protection | GDPR | Further education | Data governance | Information management | Data subject rights | Data breach | Compliance | Public sector
مقاله انگلیسی
9 Symmetries, similarity invariant solution, conservation laws and exact solutions of the time-fractional Harmonic Oscillator equation
تقارن ، راه حل ثابت مشابه ، قوانین حفاظت و راه حل های دقیق معادله نوسانگر هارمونیک کسری زمانی-2020
In this paper, group analysis of the time-fractional Harmonic Oscillator equation with Riemann–Liouville derivative is performed and its reduced fractional ordinary differential equations are determined. With the aid of the concept of nonlinear self-adjoint and the fractional generalization of the Noether operators are obtained conserved vector for this equation. Furthermore, by using Laplace transform and invariant subspace method, exact solutions of the Riemann–Liouville and Caputo fractional partial differential equations are also constructed.
Keywords: Fractional differential equation | Harmonic Oscillator equation | Lie symmetry | Exact solution | Conservation law | Invariant sub space
مقاله انگلیسی
10 Variational symmetries and conservation laws of the wave equation in one space dimension
تقارن های متغیر و قوانین حفاظت از معادله موج در یک بعد فضا-2020
The direct method based on the definition of conserved currents of a system of differential equations is applied to compute the space of conservation laws of the (1+1)-dimensional wave equation in the light-cone coordinates. Then Noether’s theorem yields the space of variational symmetries of the corresponding functional. The results are also presented for the standard space–time form of the wave equation.
Keywords: Wave equation | Variational symmetry | Conservation law | Noether’s theorem | Direct method
مقاله انگلیسی
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