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Art. 17 GDPR Right to erasure (‘right to be forgotten’) The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies: Assuming ...


4

Data, as it happens in law, can also be owned. That's why we have a discipline called "Intellectual Property". It is a "thing" - like other properties like cars, houses etc., someone owns it. Now, does the transfer of a computer also includes a transfer of data ownership stored inside the computer? Practically speaking, this clause is very unlikely to be ...


4

Where can the patient report this infraction of the HIPAA requirements? You file a complaint with the Office for Civil Rights (OCR). If you believe that a covered entity or business associate violated your (or someone else’s) health information privacy rights or committed another violation of the Privacy, Security or Breach Notification Rules, you ...


4

You can't own a database; you might, however, own (have) the copyright to a database if you created it or the creator transferred that right to you. You can also possess a copy of a database: the question is whether it is legal. "Leaked" implies that it is taken without permission, so you might be in violation of copyright law by possessing a copy. The only ...


4

Yes, this violates the GDPR if the user is in Europe. Data which is tied to a personal device can be tied to the person who owns it. From "What Is Personal Data" by the UK Information Commissioner's Office (ICO) (emphasis added): Personal data is information that relates to an identified or identifiable individual. What identifies an individual ...


4

Whether published or unpublished, they are still protected by copyright. (They are probably unpublished for copyright purposes, but in the US this makes little difference for any recently created work (that is anything after 2002). For older work see the Cornell chart.) They cannot be copied or distributed without permission, unless an exception to ...


4

Why would the method by which you transfer a item that has a copyright impact the copyright? You buy a new book at a new bookstore, a used book at a used bookstore, a used book at a garage sale, someone gives you a book, you find a book on the sidewalk, you steal a book from a store, you buy and download an ebook, you give an ebook to someone on a USB stick, ...


3

18 U.S. Code § 2252 defines a crime and punishment for knowingly transporting, or reproducing for distribution by any means, visual depictions involving the use of a minor engaging in sexually explicit conduct. Here are some sample jury instructions that rephrase this and give definitions for each of these terms. Here are some others (at p. 469). This law ...


3

My remarks pertain only to US Law. Laws vary in other countries. Subject matter eligible for copyright protection in the US must be expressive and creative. To the extent data are merely measurements of observable fact in the world, they are not copyrightable. It may be that the presentation or interpretation of data is eligible for copyright protection (...


3

If you have no knowledge and can't possibly have knowledge because the data is totally private, you should fall into the safe harbor protection of 17 U.S. Code § 512 - Limitations on liability relating to material online. See this answer here which covers a lot of the information you are looking for: Legality of Proxy sites and DMCA


3

It seems that you have a valid contract and he has breached it. You could sue for the value of a year's hosting in a small claims court. Whether this is worth the effort ...


3

The CEO wants to "fool" users You are essentially admitting that the company you are working for is about to deceit its customers and asking whether that is legal. The relevant set of laws is rather sparse and does not give direct answers in regards to oAuth tokens or other details of that level (which is probably making your CEO think he can "handle" the ...


3

Legalities What is being proposed is illegal in most jurisdictions and particularly so if any of your users is in the EU or an EU citizen. All jurisdictions I know of have a law that prohibits businesses from engaging in deceptive or misleading conduct; in most cases irrespective of intent. Deliberately setting out to "fool" your customers is a textbook ...


3

No. This is governed by the HIPAA Security Rule which was a regulation that the HIPAA statute required the Department of Health and Human Services to adopt. The Rule does require someone covered by HIPAA to have a "Business Associate Agreement" (BAA) and a Service Level Agreement (SLA) with any cloud storage provider (which would be the usual way that a U.S....


3

At least as of 2011, when regulations under the Information Technology Act related to privacy and data security were issued (some of the relevant statute sections and regulations are linked in this answer at Law.SE), there was no non-contractual right to have your data destroyed, although a terms of service for a site could give you that right contractually. ...


3

"I am accessing the data through various API's that I have found through my research. All of the API's are free to use." The API's you "found" and are using may be "free" in a monetary sense - i.e., you don't pay for them and they appear to be public information - but those APIs will have a Terms of Service (TOS) attached to the use of the APIs and the ...


3

It depends on how you got the right to participate in the event. Let us assume that you "sign up" for the event, and agree to certain conditions in exchange for being allowed to participate. In that case, there could be a condition prohibiting you from tracking the route, or publicizing the track: you have to read what the agreement says. Agreement might be ...


3

I very much suspect she is in right to 1) no receive promotion emails anymore, 2) Have them close the account again and 3) have them delete her pictures. No, she does not have those rights. She agreed to a legally binding contract when she signed up for the service when she clicked "OK" to open the account. That contract outlines her "rights," as you ...


3

An employer owns the data on a cell phone provided to its employee if the employer has made that a condition of employment. The employer might own the data independently (e.g. the employer created it). Or, the employer might own it if the employee created it in the course of their employment. It's not where the data is that determines ownership, it's who ...


2

It all comes down to the ToS you agreed to when you signed up with the host, or any changes made later. If it was in your ToS it is likely that they would have a fee for the time it takes. If it isn't mentioned then they would either refuse or request a fee as it does cost to have staff carryout work.


2

Your jurisdiction's laws and your concerns may vary slightly or significantly depending on where you are, so it would be wise to ask a local attorney. In the United States, most legal concerns would be addressed if a company doing that were to (1) check with an industry body about whether industry practice allows that, (2) include a note of explanation ...


2

Based on your description, it may not be property. Let us say that the IP in question is acoustic readings from sending sound waves into the ground (revealing huge oil reserves). I also assume that you are certain that this IP fell through the cracks and there was no official transfer. That table of data could be subject to copyright restrictions, so that ...


2

Yes, you did something wrong; you used both the university's trade mark and copyright without their permission. I don't know the law in India, however, if it is similar to Australia it is unlikely that the police will be interested in doing anything about it. While it is technically a crime, criminal prosecution is usually reserved for egregious breaches on ...


2

From what I can tell, the non-member agreement contains the core and common language regarding what one can do with the data (excluding databases with their own license). Reproducing the data is prohibited, but an analysis of the data should be consistent with the license. The core wording is User shall not publish, retransmit, display, redistribute, ...


2

Unfortunately I believe that this is legal in most places, provided your agreements don't say anything to the contrary, and provided that the users can still view the information.


2

Raw, factual data cannot be copyrighted. What can be copyrighted is unique and original presentations. That does not apply to data in "plain vanilla," tabular form. But you must be careful about copying any presentation item that is "unique." Also, if the data has been aggregated, massaged, or worked up in any non-standard way, that may be copyrightable.


2

In California there are two recourses, the common law action of commercial appropriation, and a statutory version of the right of publicity, Cal. Civ. 3344. Subsection (c) however raises the question whether the picture "is only incidental, and not essential, to the purpose of the publication". If so, they could argue that they didn't know they failed to get ...


2

Wikipedia Commons has advice on that: There is normally no copyright in a 3D utilitarian object in the United States, so photographs of typical household objects from the United States or other jurisdictions that do not extend copyright to utilitarian objects are normally acceptable (...) Usually the key factor in telling apart uncopyrighted utility ...


2

Under 17 USC 106 the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work Since Owner has that exclusive right, only he may do or authorize the creation of a copy ...


2

Under the Privacy Act of 1974, you have the right to request any and all personal information in the possession of federal agencies. The Act gives you no such right with private companies. You could kindly ask the company to provide this information, but they are under no obligation to provide it (and have very good reasons not to).


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