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The Dynamic System Theory of Legal Protection for Personal Information Rights Infringement
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作者 莫杨燊 NI Weis 《The Journal of Human Rights》 2024年第1期143-172,共30页
The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessmen... The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted. 展开更多
关键词 personal information digital human rights dynamic system theory constitutive elements of torts LIABILITY
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On the“News Exception”in Personal Information Protection
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作者 张文亮 刘雨祺 LI Donglin 《The Journal of Human Rights》 2024年第1期89-110,共22页
Protection of personal information is a significant issue in the construction of legal systems in various countries in the information age.Introducing a balanced approach for protecting personal information is an impo... Protection of personal information is a significant issue in the construction of legal systems in various countries in the information age.Introducing a balanced approach for protecting personal information is an important goal of basic human rights protection and data legislation.Personal information protection involves comprehensive considerations among various values,and the balanced structure between personal information rights and other rights systems has become the key to legislation on personal information protection.The“news exception”is a prominent example representing the balanced structure of personal information protection.As a societal instrument,news not only pursues commercial value but also advocates freedom of expression and public value.There exists a natural tension between news and personal information protection.The“news exception”of the balanced structure has become a fundamental requirement and important connotation for constructing a system for protecting personal information.The balanced structure of the“news exception”requires a reasonable definition of the concept and purpose of news,and both the self-discipline within the news industry and the judicial intervention are necessary factors.China has preliminarily completed the top-level legislative design of personal information protection through laws such as the Civil Code of the People’s Republic of China(PRC)and the Personal Information Protection Law of the People’s Republic of China.However,the balanced mechanism of the“news exception”has not yet been fully established in China.A“news exception”based on the ideas of balance and the improvement of the institutional system is the fundamental principle for the development of China’s personal information protection system. 展开更多
关键词 personal information news exception Civil Code of the PRC
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Natural interface-mediated self-assembly of graphene-isolatednanocrystals for plasmonic arrays construction and personalized information acquisition 被引量:1
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作者 Shen Wang Tianhuan Peng +9 位作者 Shengkai Li Linlin Wang Liang Zhang Zhiwei Yin Xin Xia Xinqi Cai Xiaoxu Cao Long Chen Zhuo Chen Weihong Tan 《Nano Research》 SCIE EI CSCD 2022年第10期9327-9333,共7页
As Interface mediated self-assembly of nanocrystals provide excellent strategy for sensing,catalysis or photonics,the construction of innovative interfaces and development of versatile strategies for nanocrystal synth... As Interface mediated self-assembly of nanocrystals provide excellent strategy for sensing,catalysis or photonics,the construction of innovative interfaces and development of versatile strategies for nanocrystal synthesis are urgently needed.Herein,latent fingerprints(LFPs),the most common markers for human identity,are used as naturally accessible interface for organization of graphene isolated nanocrystals(GINs).Excitingly,the selective adsorption of GINs on lipidic ridge provides a universal approach for the in-situ construction of the plasmonic arrays.Such system with intrinsic chrominance and Raman signal enables the high resolution colorimetric and surfaced-enhanced Raman spectroscopy(SERS)dual-mode imaging,which can detail the structures of the LFPs from 1st to 3rd level even the LFPs are shielded.Furthermore,the interface can be constructed on diverse materials by a simple finger-pressing process and the densely packed arrays can serve as superior SERS substrate for label-free,non-invasive acquisition of molecule information especially residues in LFPs.The combination of chemical composition with detailed structures efficiently recognizes the human identity and could help link it to a crime scene.Overall,the LFPs can act as natural platform for interface mediated localized assembly and personalized information acquisition for forensic science or precise medicine. 展开更多
关键词 interface SELF-ASSEMBLY latent fingerprint personalized information acquisition
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A Method to Improve the Accuracy of Personal Information Detection
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作者 Chih-Chieh Chiu Chu-Sing Yang Ce-Kuen Shieh 《Journal of Computer and Communications》 2023年第6期131-141,共11页
It is necessary to confirm the personal data factors and the rules of verification before conducting personal data detection. So that the detection method can be written in the subsequent implementation of the automat... It is necessary to confirm the personal data factors and the rules of verification before conducting personal data detection. So that the detection method can be written in the subsequent implementation of the automatic detection tool. This paper will conduct experiments on common personal data factor rules, including domestic personal identity numbers and credit card numbers with checksums. We use ChatGPT to test the accuracy of identifying personal information like ID card identification numbers or credit card numbers. And then use personal data correlation to reduce the time for personal data identification. Although the number of personal information factors found has decreased, it has had a better effect on the actual manual personal data identification. The result shows that it saves about 45% of the calculation time, and the execution efficiency of the accuracy is also improved with the original method by about 22%, which is about 2.2 times higher than the general method. Therefore, the method proposed in this paper can accurately and effectively find out the leftover personal information in the enterprise. . 展开更多
关键词 Data Leakage PRIVACY Personal information Factors
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Why The Constitution Should Protect Personal Credit Information?——An Approach of Right Argumentation
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作者 李艺 SU Yilon 《The Journal of Human Rights》 2023年第2期328-346,共19页
Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in t... Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in the social credit system,but also a requirement for unified legislation on social credit to explore the basis for constitutional norms.In the era of the credit economy,personal credit information has become a vital resource for realizing personal autonomy.Along with the increase in the state’s supervision and control of personal credit,the realization of the autonomous value in the interests related to personal credit information has also set more obligations for the state.Therefore,interests related to personal credit information should be regarded as a constitutional right.Because of its significant economic interest and value,the right to personal credit information should be classified as a constitutional property right.As a constitutional property right,the right to personal credit information can not only help protect people’s economic interests,but also achieve the goal of safeguarding their personality interests. 展开更多
关键词 right to personal credit information constitutional rights social and economic rights property rights
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On the “Reasonable” Handling of Personal Information Disclosed According to the Law
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作者 赵艺 杨洁 SU Yilong 《The Journal of Human Rights》 2023年第1期182-211,共30页
The model for protection of personal information dis-closed according to the law has changed from indirect protection to direct protection.The indirect protection model for traditional repu-tation rights and privacy r... The model for protection of personal information dis-closed according to the law has changed from indirect protection to direct protection.The indirect protection model for traditional repu-tation rights and privacy rights was not enough to meet the practical needs of governance.However;due to the ambiguity in the application of the“reasonable”processing requirements,the direct protection model centered on Article 27 of the Personal Information Protection Law also is not enough to effectively respond to practical disputes.The essence of the problem is to resolve the tension between informa-tion circulation and risk control and reshape the legal order for the protection of personal information disclosed according to the law.The determination of“reasonable”should be centered on the scenario theory and holism interpretation and carried out by using the interpre-tation technique of the dynamic system under Article 998 of the Civil Code.With the support of scenario-based discussions and comparative propositions,the crawling and tag extraction of personal information.disclosed according to the law should be considered as reasonable processing;profiling and automated decision-making should not be covered in the scope of reasonable processing,in principle;for behav-iors such as correlation analysis,elements like information subject,identifiability and sensitivity should be comprehensively considered to draw open and inclusive conclusions in individual cases. 展开更多
关键词 personal information that has been disclosed legal disclosure of personal information reasonable scope holism theory dynamic system
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Research on Residents’Willingness to Protect Privacy in the Context of the Personal Information Protection Law:A Survey Based on Foshan Residents’Data
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作者 Xiying Huang Qizhao Xie +5 位作者 Xunxun Jiang Zhihang Zhou Xiao Zhang Yiyuan Cheng Yu’nan Wang Chien Chi Chu 《Journal of Sustainable Business and Economics》 2023年第3期37-54,共18页
The Personal Information Protection Law,as the first law on personal information protection in China,hits the people’s most concerned,realistic and direct privacy and information security issues,and plays an extremel... The Personal Information Protection Law,as the first law on personal information protection in China,hits the people’s most concerned,realistic and direct privacy and information security issues,and plays an extremely important role in promoting the development of the digital economy,the legalization of socialism with Chinese characteristics and social public security,and marks a new historical development stage in the protection of personal information in China.However,the awareness of privacy protection and privacy protection behavior of the public in personal information privacy protection is weak.Based on the literature review and in-depth understanding of current legal regulations,this study integrates the relevant literature and theoretical knowledge of the Personal Protection Law to construct a conceptual model of“privacy information protection willingness-privacy information protection behavior”.Taking the residents of Foshan City as an example,this paper conducts a questionnaire survey on their attitudes toward the Personal Protection Law,analyzes the factors influencing their willingness to protect their privacy and their behaviors,and explores the mechanisms of their influencing variables,to provide advice and suggestions for promoting the protection of privacy information and building a security barrier for the high-quality development of public information security. 展开更多
关键词 Personal information Protection Law Privacy security Privacy protection will
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Ad Blockers & Online Privacy: A Comparative Analysis of Privacy Enhancing Technologies (PET)
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作者 Siddharth M. Madikeri Vijay K. Madisetti 《Journal of Software Engineering and Applications》 2024年第5期378-395,共18页
Online tracking mechanisms employed by internet companies for user profiling and targeted advertising raise major privacy concerns. Despite efforts to defend against these mechanisms, they continue to evolve, renderin... Online tracking mechanisms employed by internet companies for user profiling and targeted advertising raise major privacy concerns. Despite efforts to defend against these mechanisms, they continue to evolve, rendering many existing defences ineffective. This study performs a large-scale measurement of online tracking mechanisms across a large pool of websites using the OpenWPM (Open Web Privacy Measurement) platform. It systematically evaluates the effectiveness of several ad blockers and underlying Privacy Enhancing Technologies (PET) that are primarily used to mitigate different tracking techniques. By quantifying the strengths and limitations of these tools against modern tracking methods, the findings highlight gaps in existing privacy protections. Actionable recommendations are provided to enhance user privacy defences, guide tool developers and inform policymakers on addressing invasive online tracking practices. 展开更多
关键词 Privacy Enhancing Technology (PET) Personally Identifiable information (PII) OpenWPM Web Privacy
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Decentralized Mobile SNS Architecture and Its Personal Information Management Mechanism 被引量:2
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作者 LIU Zhihan YUAN Quan LIU Lu 《China Communications》 SCIE CSCD 2016年第2期189-199,共11页
Mobile SNS popular topics of mobile is one of the most Internet. In order to fulfill the user demand for self-maintained independent social network and ensure the privacy of their personal information and resources, t... Mobile SNS popular topics of mobile is one of the most Internet. In order to fulfill the user demand for self-maintained independent social network and ensure the privacy of their personal information and resources, the paper proposes system architecture of decentralized mobile SNS.In the temporary scenarios, the system makes use of the existent specification of FOAF (Friend- of-a-Friend) to describe users' personal information and act as a certificate to be identified by SNS sites. Ticket-based Access Authorization System (TAAS) is provided to grant permission to acquire resources on personal portal. Meanwhile, the mechanism and algorithm are devised for user profile complete deletion when users are going to quit the service for the temporary scenarios. 展开更多
关键词 mobile SNS DECENTRALIZED temporaryscenarios personal information management access authorization privacy protection
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Research on the Legality of Information Utilization in Epidemic Prevention and Control
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作者 Chen Yumei 《学术界》 CSSCI 北大核心 2020年第5期193-200,共8页
Big data is playing an important role in preventing,control and monitoring COVID-19,but during the process,the legality of the use of personal information shall be paid attention to.Personal information should be divi... Big data is playing an important role in preventing,control and monitoring COVID-19,but during the process,the legality of the use of personal information shall be paid attention to.Personal information should be divided into general information and sensitive information,and the use of sensitive information should take"Consent"as its legality basis.In the process of personal information collection,the subject qualification of the collection organization or personnel should be clearly defined,and the starting conditions and process specifications of the collection work should be determined.The use of personal information should be in accordance with legal provisions or agreed ways and purposes and should not violate individual privacy rights and other personality rights,and should not improperly display the"digital image"of individuals. 展开更多
关键词 pandemic prevention and control personal information protection LEGALITY consent
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Developing a Comprehensive Regime for Personal Information Protection in Networked Chinese Public Sectors
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作者 Xiaomi An Shuyang Sun Wenlin Bai Bin Zhang Xiaoyu Huang Hepu Deng 《Management Studies》 2015年第1期13-20,共8页
With the increasing sharing and reuse of personal information resources for better public services, the effective protection and management of personal information as organizational and individual assets as well as so... With the increasing sharing and reuse of personal information resources for better public services, the effective protection and management of personal information as organizational and individual assets as well as social resources are becoming more and more important in networked Chinese public sectors. Existing studies of personal information protection in China is mainly conducted from the legal perspective with a focus on the development of appropriate legislation and policies at the national level. There is little research on how specific legislation and polices can actually be implemented in an effective manner and what impacts such legislation and policies have on individuals, organizations, and the society. To adequately address this issue, this study investigates the legal requirements for personal information protection based on the relevant laws, regulations, and standards in China. It proposes a comprehensive regime for personal information protection in the networked public sectors in China. Such a regime takes the advantages of existing discipline-based approaches, legal requirements, and control mechanisms for personal information protection. It can be used to facilitate the provision of public services in the networked Chinese public sectors through the adequate protection of personal information and the effective management of personal information. 展开更多
关键词 information resources management personal information personal information protection public sector networked environment China
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The Public Law Construction of Government Agencies’Obligations to Disclose When Handling Personal Information in the Digital Age
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作者 喻文光 郑子璇 SHEN Jinjun(Translated) 《The Journal of Human Rights》 2022年第3期439-461,共23页
The protection of personal information plays an extremely important role in the construction of digital government.The duty to inform is a prerequisite core obligation that the government should fulfill in processing ... The protection of personal information plays an extremely important role in the construction of digital government.The duty to inform is a prerequisite core obligation that the government should fulfill in processing personal information,a concrete expression of the right to self-determination of personal information,and a prerequisite for the right to protection of personal information that works as a fundamental right to defense the intrusion from the government,as well as a procedural regulatory tool to restrain the government’s information power and prevent the risk of infringement.As the rules on the processing of personal information and the duty to inform have both the nature of public law,the government’s processing of personal information is also public law in nature,especially because of the constitutional value and power control function of the duty to inform,the construction of a system for the duty to inform cannot be copied from the rules applicable to private subjects,but should be tailored to the public law characteristics of the government’s processing of personal information,overcoming the shortcomings of the current rough and fragmented legislation,and set up a systematic regulation based on the public law in term of the legal subject,procedure,content,consequences of obligation violations and legal protection. 展开更多
关键词 protection of personal information government’s processing of personal information duty to inform theoretical basis system construction
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The Model Selection of Personal Information Protection in Criminal Procedures
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作者 吴桐 SU Yilong(Translated) 《The Journal of Human Rights》 2022年第3期462-482,共21页
In criminal procedures,the right to personal information does not conform to the human rights characteristics of criminal procedures centered on due process right,in which the right to be forgotten and the right to ac... In criminal procedures,the right to personal information does not conform to the human rights characteristics of criminal procedures centered on due process right,in which the right to be forgotten and the right to access data possess no attributes of independent litigation right.The theory of the independent right to personal information lacks a legitimate basis and should not be used as the protection model for personal information in criminal proceedings.Given the particularity of interest measurement and the individuality and negativity of human rights in criminal procedures,the protection of personal information in the criminal procedure should be aimed at the risk of transformation from collective general information to private sensitive information.Specifically,it is the right of personal information not to be excessively collected.Accordingly,the personal information protection should be included in the scope of criminal procedures by the conceptual interpretation of the informational privacy,i.e.,the dependency protection model.In this regard,the criminal proceeding should appropriately introduce the basic principles of personal information protection and the limited general forensic to deal with the impact and challenge of emerging right claim on the criminal justice system. 展开更多
关键词 personal information basic rights Personal information Protection Law dependency protection
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Compensatory Damages in Personal Information Public Interest Litigation in China: Challenges and Prospects
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作者 Qi Haixia 《科技与法律(中英文)》 2024年第6期138-148,共11页
In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.How... In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.However,com⁃pensatory damages remain a contentious issue,both in theory and in practice,within the legal framework of personal in⁃formation public interest litigation.Through an empirical study conducted within China's judicial practice,this paper reveals that the pending issue concerning the nature and function of compensatory damages has caused highly contra⁃dictory verdicts regarding their calculation and allocation,as well as their relationship with other forms of pecuniary li⁃abilities.Only by acknowledging the role of compensatory damages imposed in personal information public interest liti⁃gation as"Skimming off Excess Profits",and affirming their function as deterrence rather than compensation can they truly achieve the broader objective of safeguarding personal information security and promoting public welfare,as well as avoid disrupting the harmony of the existing legal landscape. 展开更多
关键词 personal information protection compensatory damages public interest litigation skimming-off excess profits equal liability
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User’s Relevance of PIR System Based on Cloud Models 被引量:1
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作者 康海燕 樊孝忠 《Journal of Beijing Institute of Technology》 EI CAS 2006年第2期181-185,共5页
A new method to evaluate fuzzily user's relevance on the basis of cloud models has been proposed. All factors of personalized information retrieval system are taken into account in this method. So using this method f... A new method to evaluate fuzzily user's relevance on the basis of cloud models has been proposed. All factors of personalized information retrieval system are taken into account in this method. So using this method for personalized information retrieval (PIR) system can efficiently judge multi-value relevance, such as quite relevant, comparatively relevant, commonly relevant, basically relevant and completely non-relevant, and realize a kind of transform of qualitative concepts and quantity and improve accuracy of relevance judgements in PIR system. Experimental data showed that the method is practical and valid. Evaluation results are more accurate and approach to the fact better. 展开更多
关键词 personalized information retrieval (PIR) cloud model user's relevance fuzzy evaluation
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Study of Construction of Personalized Service Oriented Government Virtual Information Service Center
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作者 LIU Xilin LI Dong School of Management, Northwestern Polytechnical University, Xi’an 710072, P. R. China 《Chinese Forestry Science and Technology》 2009年第3期19-31,共13页
In this paper, we proposed the idea of personalized information service for enterprises and customers through government visual information service center (GVISC). It discusses an extensible, reusable, reconstructive ... In this paper, we proposed the idea of personalized information service for enterprises and customers through government visual information service center (GVISC). It discusses an extensible, reusable, reconstructive and integrated framework of GVISC with new techniques, such as XML, agent, data mining and information portal. They include the design and analysis of the logical structure, the design of the data layer, and the description of the function application. We show an example of personalized information service for forest fire prevention in the government virtual information service center. 展开更多
关键词 personalized information service E-GOVERNMENT forest information service forest information organization government virtual information service center
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Evolving Information Filtering for PersonalizedInformation Service
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作者 田范江 李丛蓉 王鼎兴 《Journal of Computer Science & Technology》 SCIE EI CSCD 2001年第2期168-175,共8页
Information filtering (IF) systems are important for personalized information service. However, most current IF systems suffer from low quality and long training time. In this paper, a refined evolving information fil... Information filtering (IF) systems are important for personalized information service. However, most current IF systems suffer from low quality and long training time. In this paper, a refined evolving information filtering method is presented. This method describes user's information need from multi-aspects and improves filtering quality through a process like natural selection. Experimental result shows this method can shorten training time, improve filtering quality, and reduce the relevance between filtering results and training sequence. 展开更多
关键词 information filtering information processing personalized information service
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Design and Implementation of Privacy Impact Assessment for Android Mobile Devices
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作者 CHEN Kuan-Lin YANG Chung-Huang 《ZTE Communications》 2016年第B06期37-43,共7页
There are a lot of personal information stored in our smartphones, for instance, contacts, messages, photos, banking credentials and social network access. Therefore, ensuring personal data safety is a critical resear... There are a lot of personal information stored in our smartphones, for instance, contacts, messages, photos, banking credentials and social network access. Therefore, ensuring personal data safety is a critical research and practical issue. The objective of this paper is to evaluate the influence of personal data sect,rity and decrease the privacy risks in the Android system. We apply the concept of privacy impact assessment (PIA) to design a system, which identifies permission requirements of apps, detects the potential activities from the logger and analyses the configuration settings. The system provides a user-friendly interface for users to get in-depth knowledge of the impact of privacy risk, and it could run on Android devices without USB teleport and network connection to avoid other problems. Our research finds that many apps announce numerous unnecessary permissions, and the application installing confirmation dialog does not show all requirement permissions when apps are installed first time. 展开更多
关键词 privacy impact assessment privacy risk personal information Android permission configuration settings
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Topical Issues of Regulation of Economic Relations in Internet Environment
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作者 Rasim Alguliyev Rasim Mahmudov 《Economics World》 2016年第1期25-36,共12页
This article examines current issues of regulation of economical relations in the lnternet environment. Complexities, created by global and virtual features of the Internet economy, are characterize& Problems associa... This article examines current issues of regulation of economical relations in the lnternet environment. Complexities, created by global and virtual features of the Internet economy, are characterize& Problems associated with the implementation of the tax and customs policy, regulation of e-money circulation, virtual labor, intellectual property rights protection and consumer rights, as well as personal information are analyzed. Specifics of economic crimes and problems of their control in a virtual environment are commented. Also, the ways to address these problems are indicated. 展开更多
关键词 regulation of Internet economy virtual "brain drain" electronic money economic cybercrime criminaleconomy protection of personal information
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Human Rights Protection in Genome Editing
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作者 石佳友 胡新平 CHEN Feng(译) 《The Journal of Human Rights》 2022年第5期837-867,共31页
Introducing the human rights perspective into the multi-dimensional governance of human genome editing activities would help define boundaries for the behaviors of stakeholders such as the state, researchers, ethics c... Introducing the human rights perspective into the multi-dimensional governance of human genome editing activities would help define boundaries for the behaviors of stakeholders such as the state, researchers, ethics committee members, and the public, and clarify specific practices of these subjects or entities to meet the requirements of human rights obligations. Based on the human dignity principle, humans must never be used as a means to an end in scientific research. The right to physical and mental health requires the implementation of the principles of informed consent, the primacy of life, and risk control in genome editing, as well as the proper treatment of embryos. The right to privacy corresponds to the confidentiality obligations and non-intervention obligations of relevant parties, and the protection of sensitive personal information points to the special compliance requirements regarding information processing. Differential treatment of genome-edited humans requires objective and reasonable justification, and should also meet the requirements of the proportionality principle. 展开更多
关键词 genome editing human dignity right to physical and mental health right to privacy personal information protection
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