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Protección de datos personales
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ODS 3: Salud y bienestar. Garantizar una vida sana y promover el bienestar de todos a todas las edades
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Medidas de protección
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1
artículo
Publicado 2019
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Is there a correspondence or affinity between the juridicalprincipiological and factual-economical conceptions for the effective protection of the consent of the holder of personal data when hiring in a network?Under the mantle of the present question, it aims to analyze the contemporary contractual scenario under the perspective of the privacy policy and the Brazilian General Data Protection Law (LGPD). In this context, it is proposed a skeptical reflection on the principles and economic guidelines defended by law and doctrine to verify if the consent is an instrument of real effectiveness to the tutelage of the subjects in network. The first topic concerns the conceptual and conceptual analysis of consent in the LGPD and in the specialized doctrine. The second topic deals with the limited rationality of the users of the network services in understanding the dispositions in the pol...
2
artículo
Publicado 2019
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Is there a correspondence or affinity between the juridicalprincipiological and factual-economical conceptions for the effective protection of the consent of the holder of personal data when hiring in a network?Under the mantle of the present question, it aims to analyze the contemporary contractual scenario under the perspective of the privacy policy and the Brazilian General Data Protection Law (LGPD). In this context, it is proposed a skeptical reflection on the principles and economic guidelines defended by law and doctrine to verify if the consent is an instrument of real effectiveness to the tutelage of the subjects in network. The first topic concerns the conceptual and conceptual analysis of consent in the LGPD and in the specialized doctrine. The second topic deals with the limited rationality of the users of the network services in understanding the dispositions in the pol...
3
artículo
Publicado 2021
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Information and communications technologies, known as ICT, have undoubtedly contributed to the development of societies through the multiplication of data processing and storage in everyday relationships. At the same time and notwithstanding, it is not possible to ignore the risks that these have caused, in relation to the lack of security of personal data. This situation has generated the development of regulatory frameworks aimed at counteracting such risks. Among these regulations, there are the ones relating to the workplace.In this article, the author reviews the novelties brought about by the entry into force of the Personal Data Protection Law (Law 29733) in Peruvian law. Subsequently, he points out and describes the basic concepts involved in the topic of personal data protection. In a third section, he develop...
4
artículo
Publicado 2021
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Information and communications technologies, known as ICT, have undoubtedly contributed to the development of societies through the multiplication of data processing and storage in everyday relationships. At the same time and notwithstanding, it is not possible to ignore the risks that these have caused, in relation to the lack of security of personal data. This situation has generated the development of regulatory frameworks aimed at counteracting such risks. Among these regulations, there are the ones relating to the workplace.In this article, the author reviews the novelties brought about by the entry into force of the Personal Data Protection Law (Law 29733) in Peruvian law. Subsequently, he points out and describes the basic concepts involved in the topic of personal data protection. In a third section, he develop...
5
artículo
Publicado 2020
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The aim of this paper is to highlight the ductility of the legislative limit of the employer’s supervisory power. This is favoured by the use of abstract terms such as «reasonable and necessary». These terms are left to the employer to define and justify the application of labour inspection measures, such as video surveillance. The referred ductility allows the obtaining of evidence with violation of the fundamental right of the worker to the protection of personal data related to his dignity. Frequently, the evidence is relevant —especially when it relates to the imposition of disciplinary measures— and it is admitted into labour proceedings without any additional filter. The latter violates due process, because it allows the entry of illicit evidence; consequently, there is a transgression that also impacts on the inefficient use of available resources, as well as the incorpora...
6
artículo
Publicado 2020
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In 2014, the Court of Justice of the European Union recognized the right to be forgotten based on the interpretation of a regulatory framework related to the protection of personal data. Over time, many Latin American countries, including Peru, have enacted laws regulating the processing of personal data. The Directorate for the Protection of Personal Data of Peru, from the entry into force of Law N° 29733, Protection of Personal Data Law, has recognized the exercise of the right to be forgotten and has ordered the de-indexing from search engine content. On the other hand, in the Inter-American Human Rights System, through the Office of the Special Rapporteur for Freedom of Expression, this right has been rejected. This is because, as it has been conceived in the European system, freedom of expression would be illegitimately restricted. This article aims to analyze the content of t...
7
artículo
Publicado 2020
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In 2014, the Court of Justice of the European Union recognized the right to be forgotten based on the interpretation of a regulatory framework related to the protection of personal data. Over time, many Latin American countries, including Peru, have enacted laws regulating the processing of personal data. The Directorate for the Protection of Personal Data of Peru, from the entry into force of Law N° 29733, Protection of Personal Data Law, has recognized the exercise of the right to be forgotten and has ordered the de-indexing from search engine content. On the other hand, in the Inter-American Human Rights System, through the Office of the Special Rapporteur for Freedom of Expression, this right has been rejected. This is because, as it has been conceived in the European system, freedom of expression would be illegitimately restricted. This article aims to analyze the content of t...
8
artículo
Publicado 2020
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The objective of this work, is to make an analysis of the data (dates) or information, like a right protected by the cybernetic society. All society is constructed with uses, customs and values which are importants assets to their citizens, so they must protect them. These, rights, assets are not absolute, and are changing with the course of time. Some of them because of their importance and transcendence are constituted in main paradigms of the corresponding society. From half-full of the last century, a new form to process the information (computers) has been generated, with a special language (binary), that allows the data processing (systems) in a complex and different form from the traditional one. To these high technologies, communicational triggers were added (internet), that changed the value of the information at world-wide level, and constituted them in its main paradigm
9
artículo
Publicado 2020
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The objective of this work, is to make an analysis of the data (dates) or information, like a right protected by the cybernetic society. All society is constructed with uses, customs and values which are importants assets to their citizens, so they must protect them. These, rights, assets are not absolute, and are changing with the course of time. Some of them because of their importance and transcendence are constituted in main paradigms of the corresponding society. From half-full of the last century, a new form to process the information (computers) has been generated, with a special language (binary), that allows the data processing (systems) in a complex and different form from the traditional one. To these high technologies, communicational triggers were added (internet), that changed the value of the information at world-wide level, and constituted them in its main paradigm
10
artículo
Publicado 2019
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The research carried out is of a social legal nature, of a descriptive-exploratory and dogmatic-juridical nature. Anonymous questionnaires (17 multiple choice and dichotomous questions) were applied to 341 participants, including trial lawyers in family violence, public defenders, magistrates and family court clerks, lawyers for the Women's Emergency Center (Tacna) and family prosecutors (holders and deputies). Likewise, a document analysis sheet was applied to collect data on 338 resolutions of hearings on protection measures in family violence processes. The investigation sought to determine the effectiveness of the protection measures granted to victims who denounce family violence before family courts of the Superior Court of Justice of Tacna (CSJT). Based on the results of the survey conducted and the review and analysis of the judicial resolutions, it was concluded that the protect...
11
artículo
Publicado 2019
Enlace
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The research carried out is of a social legal nature, of a descriptive-exploratory and dogmatic-juridical nature. Anonymous questionnaires (17 multiple choice and dichotomous questions) were applied to 341 participants, including trial lawyers in family violence, public defenders, magistrates and family court clerks, lawyers for the Women's Emergency Center (Tacna) and family prosecutors (holders and deputies). Likewise, a document analysis sheet was applied to collect data on 338 resolutions of hearings on protection measures in family violence processes. The investigation sought to determine the effectiveness of the protection measures granted to victims who denounce family violence before family courts of the Superior Court of Justice of Tacna (CSJT). Based on the results of the survey conducted and the review and analysis of the judicial resolutions, it was concluded that the protect...
12
artículo
Publicado 2019
Enlace
Enlace
The research carried out is of a social legal nature, of a descriptive-exploratory and dogmatic-juridical nature. Anonymous questionnaires (17 multiple choice and dichotomous questions) were applied to 341 participants, including trial lawyers in family violence, public defenders, magistrates and family court clerks, lawyers for the Women's Emergency Center (Tacna) and family prosecutors (holders and deputies). Likewise, a document analysis sheet was applied to collect data on 338 resolutions of hearings on protection measures in family violence processes. The investigation sought to determine the effectiveness of the protection measures granted to victims who denounce family violence before family courts of the Superior Court of Justice of Tacna (CSJT). Based on the results of the survey conducted and the review and analysis of the judicial resolutions, it was concluded that the protect...
13
artículo
Publicado 2015
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Objective: This research was conducted in order to determine the effectiveness of measures to protect children and adolescents that are issued in the Family Court of the Superior Court of Justice of Tacna, on child abuse, 2009-2010.Para it was established the following hypothesis: In the Family Court of the Superior Court of Justice of Tacna, measures to protect children and adolescents that are issued are ineffective to counter child abuse in the district Tacna 2009- 2010. Method: The research is a form of applied research, because it is aimed at the application of knowledge to the solution of a problem, as confronting theory with reality. It is also a kind of Socio Legal Research by the facts and relations of social order regulated by legal norms are studied and why is to determine the effectiveness of measures to protect children and adolescents that are issued in the Family Courts Su...
14
artículo
Publicado 2015
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Objective: This research was conducted in order to determine the effectiveness of measures to protect children and adolescents that are issued in the Family Court of the Superior Court of Justice of Tacna, on child abuse, 2009-2010.Para it was established the following hypothesis: In the Family Court of the Superior Court of Justice of Tacna, measures to protect children and adolescents that are issued are ineffective to counter child abuse in the district Tacna 2009- 2010. Method: The research is a form of applied research, because it is aimed at the application of knowledge to the solution of a problem, as confronting theory with reality. It is also a kind of Socio Legal Research by the facts and relations of social order regulated by legal norms are studied and why is to determine the effectiveness of measures to protect children and adolescents that are issued in the Family Courts Su...
15
artículo
Publicado 2015
Enlace
Enlace
Objective: This research was conducted in order to determine the effectiveness of measures to protect children and adolescents that are issued in the Family Court of the Superior Court of Justice of Tacna, on child abuse, 2009-2010.Para it was established the following hypothesis: In the Family Court of the Superior Court of Justice of Tacna, measures to protect children and adolescents that are issued are ineffective to counter child abuse in the district Tacna 2009- 2010. Method: The research is a form of applied research, because it is aimed at the application of knowledge to the solution of a problem, as confronting theory with reality. It is also a kind of Socio Legal Research by the facts and relations of social order regulated by legal norms are studied and why is to determine the effectiveness of measures to protect children and adolescents that are issued in the Family Courts Su...
16
artículo
Publicado 2022
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so, machine learning techniques are being developed to improve performance and maintenance prediction. Increasing our knowledge of the relationship between humans and algorithms, Because data is so valuable, improving strategies for intelligently having to manage the now-ubiquitous content infrastructures is a necessary part of the process toward completely autonomous agents. Numerous researchers recently developed numerous computer-aided diagnostic algorithms employing various supervised learning approaches. Early identification of sickness may help to reduce the number of people who die as a result of these illnesses. Using machine learning techniques, this research creates an efficient automated illness diagnostic algorithm. We chose three key disorders in this paper: coronavirus, cardiovascular diseases, and diabetes. The data are inputted into a mobile application in the suggested m...
17
artículo
Publicado 2020
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El presente artículo se centra en la interacción entre los derechos fundamentales a la protección de los datos personales y a la protección de la salud, en el marco de la lucha contra el covid-19 en el Perú. Se inicia el estudio con el desarrollo constitucional de tales derechos, para luego revisar sus respectivas normas legales, teniendo como objetivo esclarecer una de las herramientas básicas que permiten superar los conflictos que se presenten entre ambos en la presente circunstancia de emergencia nacional por el covid-19, concerniente al consentimiento para el tratamiento de datos personales. Adicionalmente, se estudiarán dos casos de tratamiento de datos personales en acciones de prevención del covid-19, que evidencian la pacífica coexistencia entre los derechos constitucionales y los intereses surgidos de la actual situación sanitaria. This paper focuses on interaction be...
18
tesis de grado
Publicado 2025
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El presente Trabajo de Suficiencia Profesional tiene como base el análisis de la sentencia recaída en el Expediente N° 01116-2022-PHD/TC, mediante la cual el Tribunal Constitucional reafirma la importancia del hábeas data como mecanismo de tutela frente al tratamiento indebido de datos personales. A partir de este pronunciamiento, se desarrolla el estudio del derecho de acceso a la información pública como herramienta de transparencia y control ciudadano, así como el derecho a la autodeterminación informativa como garantía de protección frente al uso no consentido de los datos personales. Ambos derechos son analizados desde su fundamento constitucional y su aplicación práctica en el ámbito de las telecomunicaciones, evidenciando la responsabilidad de las empresas en la gestión y resguardo de la información de los usuarios. El estudio no se limita a describir la resolución...
19
artículo
Objetive: Consolidate the figure of the Preventive Annotation (Registration Law), as a protective institution Predial property. Method: In essence, was treated in a social research since the field work was to the company and human events (professionals, user registration, public servants, etc.) And specialized, as was done from the particular perspective Registration Law. Data collection was conducted by thesis student, supported by advisers (books, documents and guidance) and made the necessary arrangements with the reality that provided the information: Registry Office of Arequipa (File and Registry Area Sections). Results: figure consolidates notation as a protective institution built property. Upon completion of the investigation, it was observed that it was developed under the study parameters, but m...
20
artículo
Objetive: Consolidate the figure of the Preventive Annotation (Registration Law), as a protective institution Predial property. Method: In essence, was treated in a social research since the field work was to the company and human events (professionals, user registration, public servants, etc.) And specialized, as was done from the particular perspective Registration Law. Data collection was conducted by thesis student, supported by advisers (books, documents and guidance) and made the necessary arrangements with the reality that provided the information: Registry Office of Arequipa (File and Registry Area Sections). Results: figure consolidates notation as a protective institution built property. Upon completion of the investigation, it was observed that it was developed under the study parameters, but m...
