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Chapter 1: Introduction
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This research paper aims to reveal that law and ethics are closely related to issues like privacy, trust and security. Maintaining trust is important to ensure uncompromised privacy and security. Any violation of privacy or security breach exhibits impertinence to the law and ethical principles (Hoel, Griffiths and Chen, 2017). In a research project in the UK, when information regarding research data is collected from human participants, researchers are obligated to maintain the confidentiality of the data and privacy of the participants. These ethical and legal requirements often do not fulfil the funder’s expectations regarding sharing of data. To resolve this issue, several requirements must be precisely documented. These include permission and consent of the participants to use the data in future. It must be noted that participant consent is not further required in case permission is obtained to anonymize the data (Mantelero, 2018). Data containing sensitive or personal information must be retained cautiously to prevent any breach of research data. Also, careful anonymization and controlled access inhibit the loss of meaning of research data.
The study aims to understand various legal aspects in the UK regarding sharing and collection of data and the participants' lawful right to the data (Vayena, Blasimme and Cohen, 2018). This study also helps to prevent improper use of data and ensure collection of data about individuals by technology is accurate and complete. Also, this study reveals the costs involved in case of breach of data privacy.
Several stressing issues exist related to data protection and privacy in the UK. The citizens of the UK require convincing regarding the usage of their data for research purposes. The consent of an individual is necessary to gain any access to using their data. The consent is recorded in auditable form and does not display any sign of intimidation. The researchers experience major problems to take prudent actions to process requests for erasure when individuals want to revoke access to process or store their data (Shabani and Borry, 2018). Another major issue is proving the integrity of third party partners to individuals and thus, automated systems are introduced to prevent access of data by third-party control. The consent of employees is also a major issue regarding the usage of their data.
From this research paper, it can be understood that law and ethics are intertwined with data protection and privacy in the UK. This study is conducted to gain insight into the importance of social and ethical factors that are involved in the process of data protection and privacy. This study reveals many stressing issues such as privacy breaches of data of individuals. Therefore the implementation of strategies to overcome these problems becomes convenient owing to the extensive details provided by the research paper.
This research paper aims to define several effective objectives that help to protect data through the social and ethical factors of the UK. The research objectives are as follows,
The research questions that are developed based on the research objectives are as follows,
This study is conducted to identify the social and ethical factors that play a primary role in data protection and privacy in the UK. This study aims to reveal the existing issues through which it is becoming tough to protect data in the UK. Also, this research helps to provide various strategies and methods for efficient data protection in the UK and prevent any violation of laws and ethics regarding data privacy.
Data safety is a vital component of running a business successfully because it gives customers the assurance their information is being collected, processed, and transferred securely. Also according to Greenleaf (2018) there are many motives why data protection is vital for organizations. Data safety minimizes the wide variety of records breaches that a business enterprise can go through helps defend customers' privacy. However Bartolini, Calabró and Marchetti(2019)stated that a business needs to maintain its clients' information safe. Data safety helps an organization's code of ethics and offers an advantage over other businesses. With the view of De Guise 2017 there are several challenges related to the data safety program, like its cost, superior technological know. The complexity of configuring and running statistics safety mainly values the storing and managing backup which copies due to speedy growth.
Ethics is the personal principle of right and wrong individuals. Ethics and social factors are closely related. Some technological trends have increased the moral pressure on existing laws and social arrangements. Coraggio andZappaterra (2018) revealed that for example, the power of computers doubles every 18 months, increasing the vulnerability of systems and the quality of data. Data storage technology has doubled the number of personal databases maintained by public and private organizations, making breaches of personal privacy cheap and effective. According to Ziegler et al. (2019), advances in data analytics technology have enabled businesses and government agencies to use analytics to determine detailed information about personal habits and tastes and to create archives of detailed information.
Data loss is a big inconvenience. Describe the daily functions of any business. Data is the motivation for companies to help them easily manage their daily work. Polkowski (2018) said that data loss is something that means the business runs out of basic fuel. Data loss will occur when accidentally deleting data from the computer. However, with the view of Daly (2020), confidential information is destroyed due to human theft, viruses, malware, or physical damage. Therefore, if there is no more data to support the business, the business will not be able to generate income. If there is no data, it will also hurt the productivity of the company. Employees will not be able to work or provide assistance to the company. As per Tikkinen-Piri et al. (2018), it takes years to make important decisions to gain the trust of customers, but data loss can wipe them all out at once. Because the client will consider it to be commercial negligence, and if it contains client data, the company may not comply with laws and regulations related to data protection. Moreover, when facing penalties, it is not uncommon for companies to go bankrupt or permanently shut down due to major problems which as the data loss incident.
For a business, data protection is a very important part. Data protection is also known as data privacy or information privacy is a process of securing data and important information from being compromised or corrupted. According to Huth(2017), one of the main benefits of data protection is that it safeguards valuable information, which is crucial for the company. For example, not all information in a company has to be seen by all the employees. Personal details must remain private between the employer and the HR department. Data protection can help in keeping search data from prying eyes. Also Windrich, Speck and Gruschka (2021) stated that protecting the information of the client will increase investor confidence, which is good for the business. Data protection can make it difficult for hackers to access sensitive information. By safeguarding important and sensitive data, any business can be saved from a big loss. However, Hoofnagle et al. (2019) said that for the business that has their websites, a potential cyber breach could cause a major problem. If the data accessed by unauthorized people, it's possible that the website could be forced to close or the business may experience downtime. As data protection requires better management and storage of information, this can from companies to have better business practices.
Protection and maintenance of privacy of the data have been very urgent as well as important. This is required due to the presence of an information-intensive and technology-driven environment. According to Martin and Murphy (2017), it is beneficial as it provides information to the customers about the market and the trade practices. It also has disadvantages like the technical risks along with the human users, thereby making more changes for the criminals exploiting them. Thus, protection of the interests is essential. Privacy in data management is also in demand due to its urgency. Protection of the information has been an important cause in securing data, policies, and migrations that are acceptable by the community, efficient technology, and adjustable to legal matters.
On the other hand, Kudina and Verbeek (2019) state that the process of securing data is complicated as it involves social and ethical, or technical risks. This risk takes place initially from the abuses in the technical fields consisting of the storage of data. For example, at times it often happens in the companies where the employees take information in a USB, which can lead to a deficit of data. If it consists of the marketing and business terms, conditions and policies then there are chances of it getting misplaced or losing the data if the employee loses the pen drive or other removable disk in which the data has been taken.
As stated by Ryan (2020) the inconsistency in the working of technological instruments in terms of the principles of ethics often causes ethical risks which can be of great loss to the company. In the previously discussed example, all the employees working in an organization do not take the company USB to their home. Hamidi (2019) highlights that those staff who carry them to their home need to work on them and they have full confidence in them that the device will stay safe to them and not get misplaced, with the proper way of processing and editing the data contained in it. Thus, it is dependent on their morality and those who ensure a good and brief understanding of the principles of ethics. This will ensure prevention from any kind of issues which he may face in the upcoming times. The issues related to company ethics take place when there's a lack of personal confidentiality as well as corporate differentiability. Those risks are related partially to the technologies of the input devices like USB and also it occurs due to the public consisting of both the victims and the culprit, for which there follows a danger in the hamper in the social and technical factors. Thus, carrying the USB to one's residence is vulnerable which may result in violation of hampering the rules and regulations of the protection and privacy of the data.
Hence, as stated by Williams, Burnap and Sloan (2017), the issue related to the privacy of data has become unsolvable and cannot be prevented in the future. The complexity in the approach in terms of its previous considerations and facts regarding financial and physical conditions and terms along with the non-measurable measures against the loopholes which have been caused due to lagging logically, social desirability as well as violations of ethics. Also, the methods and the processes by which the privacy of the data can be ensured are abiding by various kinds of frameworks for the accomplishment of the company or the organization's motives and objectives. Those frameworks get perceived in their original forms followed by a newly made view enabling the decision-makers in further informative tools.
According to Hunter et al. (2018), there have been different types of methods that have originated on the framework for developing a new view to the decision-makers of the company. These frameworks are based on some specific instruments:-
International Data Privacy Principles- Privacy of data can be achieved by social and technical solutions. Social awareness, as well as accessibility, can be useful socially. Safe maintenance of data on its accessibility as well as the lost data will ensure solving issues related to technical traits. The very next process is to ensure that all the employees follow the rules and regulations related to the privacy of data. Firstly the concern should be about the slow proceedings of the legal legislations. This will be more effective than the tough laws. Solving the problems related to the attitude of customers towards them like bad reviews on platforms of social media shall be ensured. Secondly, these issues arise due to its inaccessibility in terms of harmonization internationally. This causes some major complications which eventually affect the business. For preventing these, the principles of ethics shall be strictly followed. As stated by Coltart et al (2018) the company must ensure:-
Compiling with the law and the terms or the legal Regulations nationally based on data privacy. For the protection of current data, security standards are needed to be maintained for avoiding processing or erasing of data. Implementation of easier policies and terms for ensuring are able to manage the rules properly for protecting data and storing it. Provide necessary instructions to the employees for compiling those policies to avoid any issues. Usage of any customer information in the system protects the device. When required then data to be stored according to the instructions for the company itself. Excessive or unnecessary data from the customers must to be avoided. Announcements related to braces in case of data have to be ensured. Personal data should not be maintained or kept in the file or the system for a longer period. Preventing the transfer of data to other unknown sources should be followed. Whenever there is a contract between the company and the customer, then they should be informed individually and with the content of the customers their data to be kept without violating the policies. In case there is no contract then, the customer should be informed about the loss of their data and they should ensure that the customers should delete outdated data. Collection of data and principles based on purpose- On one hand Mahr, ?ai? and Odekerken-Schröder (2020) asserted that personal information to be collected by following the laws with proper mentioning of data about the person or the authority from which data has been collected. This should consist of only the required data.
Retention and Accuracy Principle contains the data collected personally must be accurate and should not be held for a longer span, only to be kept till the fulfilment of the purpose. Proper and valid data to be collected which should not exceed. This will meet the needs of the customers and the company, preventing any sled in terms of data. On the other hand, Williams, Burnap and Sloan (2017) stated that the company should ensure the protection of data to avoid miscarriage or erasing of data due to some accidental issues. This has to be done by making data policies. The user of data should enable the information stored to the user and how those data have been put to use. The subjects of the data must be made accessible for making any changes in personal information. According to Mantelero (2018), this framework works on the identification of the main factors based on the users followed by properly securing and supporting the boards of organizers in terms of the corporate policies along with support to the internal structures. These include Human resource management, information, financial matters, legal matters, and technical support. This also determines a specific schedule for identifying the number of elements by measuring each of the factors. This will help in knowing the effectiveness of the steps taken for securing the data.
According to Moore (2021), privacy, security, law and ethics are closely related to each other. Ethical and social factors have a huge impact on protection and privacy of data. Although technical factors like protecting data from unauthorised access are important, social and ethical factors like spreading awareness among customers about ways and reasons for their data usage is also necessary. Their data usage should be transparent and maintain adequate privacy. Employees should be made loyal towards privacy policies of the organisation. According to Fabiano (2019), proper knowledge about all the activities is essential for preventing any harm to privacy guidelines which makes data protection complicated. Violation of privacy leads to punishments depending on its levels. In the modern world of technology and information driven practises, protecting data and preserving it becomes the most important aspect. Any accident or mistake in data protection might cause small to large extent damage. However Raab (2017) stated that the development of policies, strategies and ways to implement them depends largely on data protection. Data protection practises often face many ethical and social factors too. All these factors are addressed in the theories of James Moor. James Moor classified privacy into natural privacy and right for privacy. This classification of privacy discusses the difference between privacy lost and violation of privacy. According to Lee (2020), many theories framed by James Moor are implemented to make the data protection simpler. Accessibility privacy theory is processed to avoid any government or external influences. It is also defined as non-intrusion theory. The theory is followed to avoid authority from falling into the wrong hands. James Moor’s theory also includes decisional privacy and informational privacy. The decision privacy theory is implemented to allow the responsible body to make decisions and plans regarding data protection without any external hindrance. The decisions made should be independent from any influences. According to Ekstrand, Joshaghani and Feamster (2019), the information policy theory is processed to provide the responsible body with the authority to regulate or control the usage of one’s private information. The flow of that information like exchanging or spreading it can be controlled. Privacy zones are organised to limit access to one’s private information.
With the growth of the data economy, privacy or data protection faced many new challenges. Technologies like Artificial Intelligence (AI) change the way of handling data and its protection. Constant innovations are harming the simplicity of data protection. The barriers that conserve personal and sensitive data are under great danger. Data invasion and accessing confidential data needs to be prevented at any cost. Another theory which is implemented to enhance the data protection process is Helen Nissenabum’s Theory of “contextual Integrity”. With the view of Rule (2019), the theory is processed to restrict the access to sensitive and private information of a person. The safeguard of personal information and the norms of its flow are closely related. The contextual integrity theory is processes to understand the recent operations related to the flow of information. Identification of the bodies or people involved in the process is important. The information flow should be within certain principles like expectations and obligations which should be clear and transparent. Realisation of gaps or drawbacks is important to prevent violation of contextual integrity. According to Shvartzshnaider et al. (2018), external factors like political and moral should be kept in mind and identification of ways in which they can influence in future is essential. Brief evaluation and analysis is important to carry out practises. The operations should be within ethical and moral boundaries. The possible threads need to be figured out in this context to eliminate them. With the view of Apthorpe, Varghese and Feamster(2019), the Contextual Integrity theory is implemented to accurately execute all the processes and practises that involve solving issues regarding understanding the concept of privacy caused by technological improvements.
In this research paper, it is revealed that there are specific gaps in maintaining data privacy through ethical and social factors.The former research papers are not containing authenticity of information which produced insufficient data in developing technical factors. However, this study is containing major factors of effective practices and manners for the betterment of data privacy act in business organisations.
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