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Evolving Legal Framework for Data Security: Transitioning Towards Legal Practice

Evolving Legal Framework for Data Security: Transitioning Towards Legal Practice

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Project Details

Project Title

Evolving Legal Frameworks for Data Security: Transitioning Towards Legal Practice 

Research Background

In the context of rapid digital advancement, data security has become a critical issue within the global legal system. Existing legal frameworks, such as the General Data Protection Regulation (GDPR) in Europe and the California Consumer Privacy Act (CCPA) in the USA, aim to strengthen data protection but often face complex challenges in implementation. 

Research Questions 

  • What are the main challenges faced by current data security legal frameworks in legal practice? 
  • How can these frameworks be improved through legal practice to ensure more effective data security?

Research Objectives

  • To thoroughly understand and assess the performance of current data security legal frameworks in practice. 
  • To propose improvements based on practical experience to optimize existing legal frameworks.

Methodology:

This research will utilize the following methods: 

  • Comparative legal analysis: Comparing legal provisions and their actual enforcement in different countries in the field of data security.
  • Case studies: Detailed analysis of major cases of data breaches and security violations to assess the effectiveness of existing legal measures.
  • Expert interviews: Engaging with data security experts, judges, lawyers, and
    compliance officers to gather insights and recommendations from frontline practices.
  • Moot court: Exploring specific data security cases through simulated trials to assess the applicability and potential improvements of legal provisions.

Expected Outcomes:

  • Practice guidelines: Developing data security operational guides for legal practitioners, clearly defining legal responsibilities and execution standards.
  • Policy recommendation report: Providing targeted suggestions for legislative drafting and amendment based on practical feedback.
  • Legal framework improvement proposals: Suggesting legal amendments based on actual cases and feedback from legal practice. 

Significance and Potential Impact

This project aims to provide more effective legal support for ensuring data security through empirical research and practical analysis, helping legal professionals better understand and address data security issues, and enhancing the legal system's responsiveness and foresight to emerging technological challenges.