scholarly journals Access to Biomedical Research Material and the Right to Data Protection in Finland

2021 ◽  
pp. 243-256
Author(s):  
Tom Southerington
Keyword(s):  
Data Processing ◽  
Biomedical Research ◽  
Data Protection ◽  
Significant Variation ◽  
Point Of View ◽  
Eu Member States ◽  
The Right ◽  
Responsible Research ◽  
Regulatory Landscape ◽  
The Eu

AbstractThis chapter describes the Finnish regulatory landscape concerning primarily non-interventional biomedical research and in particular the rights of study subjects from the data protection point of view. The GDPR is just one of many pieces of legislation affecting the rights of individuals, and it allows for significant variation between the EU Member States. Finnish law relating to biomedical research has materially changed in recent years and some changes are still pending. Overall, the legislator has aimed at enhancing opportunities for responsible research and enabling research-related innovation ecosystems, but also implemented quite strict limitations for data processing in balance. It is yet too early to evaluate the effects of the legislatory changes. The chapter is therefore mainly descriptive.

scholarly journals Data Protection and the EPPO

2019 ◽  
Vol 10 (1) ◽  
pp. 34-43
Author(s):  
Paul De Hert ◽  
Vagelis Papakonstantinou
Keyword(s):  
Law Enforcement ◽  
Data Processing ◽  
Data Protection ◽  
Personal Data ◽  
The European Union ◽  
Specific Level ◽  
European Public ◽  
Regulatory Model ◽  
Regulatory Landscape ◽  
The Eu

The European Public Prosecutor’s Office (the ‘EPPO’) necessarily processes personal data in order to fulfil its mission; As such, it falls squarely within the European Union (EU) data protection regulatory landscape. However, because the EU data protection regulatory landscape itself is currently found at a crossroads, an analysis of the EPPO data protection model may be twofold: First, placing it within the proper cross-organization dialogue currently taking place on the future regulatory model of personal data processing for law enforcement purposes carried out at EU level. Second, at an EPPO-specific level, whereby the actual data protection regime afforded to it may be assessed. This article purports to elaborate upon the above two data protection dimensions of EPPO personal data processing activities: It presents considerations and policy options during the lawmaking period that resulted in the establishment of the EPPO, it analyses the data protection regime ultimately awarded to it and attempts to, critically, place the EPPO data protection model within its proper operational and legislative environment.

scholarly journals The Right to Privacy—A Fundamental Right in Search of Its Identity: Uncovering the CJEU’s Flawed Concept of the Right to Privacy

2019 ◽  
Vol 20 (05) ◽  
pp. 722-733 ◽  
Author(s):  
Valentin M. Pfisterer
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
The Political ◽  
Strong Impact ◽  
Right To Privacy ◽  
Eu Member States ◽  
The Right To Privacy ◽  
The Right ◽  
The Eu

AbstractIn recent years, the CJEU has impressively brought to bear the protection of the fundamental rights to privacy and protection of personal data as contained in the CFREU. The Court’s decisions in the Digital Rights, Schrems, Tele2, and PNR cases have reshaped the political and legal landscape in Europe and beyond. By restricting the powers of the governments of EU Member States and annulling legislative acts enacted by the EU legislator, the decisions had, and continue to have, effects well beyond the respective individual cases. Despite their strong impact on privacy and data protection across Europe, however, these landmark decisions reveal a number of flaws and inconsistencies in the conceptualization of the rights to privacy and protection of personal data as endorsed and interpreted by the CJEU. This Article identifies and discusses some of the shortcomings revealed in the recent CJEU privacy and data protection landmark decisions and proposes to the CJEU a strategy aimed at resolving these shortcomings going forward.

scholarly journals The protection of customer personal data as an element of entrepreneurs’ ethical conduct

2018 ◽  
Vol 21 (7) ◽  
pp. 27-44
Author(s):  
Ewa Kulesza
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Business Practices ◽  
Process Data ◽  
Member States ◽  
Eu Member States ◽  
Eu Directive ◽  
The Law ◽  
The Right ◽  
The Eu

The right to the protection of personal data, which is part of the right to privacy, is a fundamental human right. Thus, its guarantees were included in the high-level regulations of the European Union as well as the legal norms of the EU Member States. The first Polish law regulating the protection of personal data was adopted in 1997 as the implementation of EU Directive 95/46. The law imposed a number of obligations on public and private entities which process personal data in order to protect the rights of data subjects and, in particular, to guarantee them the ability to control the correctness of processing of their personal data. Therefore, the law obliged data controllers to process data only on the basis of the premises indicated in the legislation, to adequately secure data, and to comply with the disclosure obligation concerning data subjects, including their right to correct false or outdated data or to request removal of data processed in violation of the law. However, as complaints directed by citizens to the supervisory body—the Inspector General for Personal Data Protection—showed, personal data controllers, especially those operating in the private sector, did not comply with the law, acting in a manner that violated their customers’ rights. In the hitherto existing unfair business practices of entrepreneurs, the violations of the data protection provisions that were the most burdensome for customers were related to preventing them from exercising their rights, including the right to control the processing of data, as well as the failure to provide the controller’s business address, which made it impossible for subjects whose data were used in violation of the law or for the inspecting authorities to contact the company, a lack of data security and a failure to follow the procedures required by law, the failure to secure documents containing personal data or their abandonment, a lack of updating customer data, the use of unverified data sets and sending marketing offers to deceased people or incorrect target recipients, and excessive amounts of data requested by controllers. The violations of the rights of data subjects recorded in Poland and other EU Member States—among other arguments—provided inspiration for the preparation of a new legal act in the form of the EU General Data Protection Regulation (GDPR) (which entered into force on 25 May 2018). The extension of the rights of people whose data are processed was combined in the GDPR with the introduction of new legal instruments disciplining data controllers. Instruments in the form of administrative fines and the strongly emphasised possibility to demand compensation for a violation of the right to data protection were directed in particular against economic entities violating the law.

scholarly journals Victims of crime and harmonization of the legal regulation of their rights in the EU and the Czech Republic

2020 ◽  
Vol 20 (2) ◽  
pp. 129-158
Author(s):  
Michal Malacka
Keyword(s):  
European Parliament ◽  
Legal Regulation ◽  
Crime Victims ◽  
Point Of View ◽  
Eu Member States ◽  
Non Governmental Organizations ◽  
Council Directive ◽  
Victims Of Crime ◽  
The Right ◽  
The Eu

Summary This study reflect the international sources of law and documents relating to the protection and support of crime victims from the global and European point of view following the global and European Union concept and the importance of the Directive 2012/29/EU of the European Parliament and of the European Council of 25 October 2012. Establishing minimum rules on the rights, support and protection of victims of crime. This study will also introduce the most important sources of law and international context related to the victims of crime as an existing category of victims in general. The EU member states are obliged to reflect the views and needs of victims, to respect human dignity and the right to privacy, enable the possibility to receive fair compensation from the perpetrator or other sources, and to provide victims with material, medical, psychological and social assistance from state and non-governmental organizations. Concerning the other documents, what is also essential for victims to access their rights and influenced national Victims of Crime Acts is especially the Council Directive 2004/80/EC of 29 April 2004, relating to compensation to crime victims and Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime to be mentioned.

scholarly journals A Healthy Sense of Trust

2017 ◽  
Vol 2 (Suppl. 1) ◽  
pp. 1-10
Author(s):  
Denis Horgan
Keyword(s):  
European Union ◽  
Clinical Trials ◽  
Big Data ◽  
Data Protection ◽  
Fast Moving ◽  
Ethical Issues ◽  
Personalised Medicine ◽  
Drug Pricing ◽  
The Right ◽  
The Eu

In the fast-moving arena of modern healthcare with its cutting-edge science it is already, and will become more, vital that stakeholders collaborate openly and effectively. Transparency, especially on drug pricing, is of paramount importance. There is also a need to ensure that regulations and legislation covering, for example the new, smaller clinical trials required to make personalised medicine work effectively, and the huge practical and ethical issues surrounding Big Data and data protection, are common, understood and enforced across the EU. With more integration, collaboration, dialogue and increased trust among each and every one in the field, stakeholders can help mould the right frameworks, in the right place, at the right time. Once achieved, this will allow us all to work more quickly and more effectively towards creating a healthier - and thus wealthier - European Union.

scholarly journals Enhanced Economic Governance in the EU: Alternative to a Political Union?

2014 ◽  
Vol 37 (1) ◽  
pp. 10-35 ◽  
Author(s):  
Elżbieta Kawecka-Wyrzykowska
Keyword(s):  
Debt Crisis ◽  
Point Of View ◽  
List Type ◽  
Economic Governance ◽  
Political Union ◽  
Political Will ◽  
Member States ◽  
Eu Member States ◽  
Realistic Approach ◽  
The Eu

Abstract In reaction to the sharp deterioration of fiscal positions and a sovereign debt crisis in the majority of EU member states, EU leaders have been strengthening the EU economic governance framework, in particular for the eurozone member states. This has been reflected mainly through a reinforcement of the Stability and Growth Pact (SGP) within the so-called six-pack and through the recent adoption of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG). The objective of this paper is to present the main decisions taken to address intensifying problems in the EU and assess them from the point of view of stability of the eurozone. The paper argues that the recent adoption of the six-pack and of the TSCG has created a legal basis for more effective governance structure that is much stronger than previously, and closer fscal coordination among EU member states in order to ensure public fnance sustainability. The practical results will depend, however, on the political willingness of countries to accept the new rules and rigorous enforcement of those rules. Most of the new solutions continue the previous approach: stricter preventive and punishing rules, and their more rigorous application. TSCG has adopted a new element: parallel to EU rules, there should be enhanced national rules (possibly in the form of constitutional commitments) and national institutions responsible for fscal discipline. This approach implies that international rules are not strong enough for sovereign countries, which agree to be subject to democratically elected national authorities but do not want to follow decisions by “outside” institutions. In addition, reverse voting in the Council encourages for more pragmatic, economically justifed use of the modifed SGP. In view of a lack of political will to move forward into a political union, this seems the only realistic approach to ensure fscal stabilization and keep the eurozone alive in the short and medium run. Two main research methods have been applied: (a)Statistical analysis of data on changes of the public fnances in the EU member states (budgetary defcit and public debt), (b)comparative analysis of successive EU documents on strengthening economic governance and identifcation of strong and weak aspects of the new documents from the point of view of stability of the eurozone. The main conclusion is that in a situation of a lack of political will to move forward into a political union, the only realistic approach to ensure fscal stabilization and keep the eurozone alive in the short and medium term seems to be to enforce rigorously the recently adopted new commitments aiming at better fscal control of euro area members.

Public debt limit of the EU Member States and its impact on polish legal system – considerations in the context of public finance stability

2020 ◽  
Vol 18 (1) ◽  
pp. 239-255
Author(s):  
Wojciech Bożek
Keyword(s):  
Public Debt ◽  
Comparative Method ◽  
Reference Value ◽  
Case Law ◽  
Point Of View ◽  
Fiscal Rules ◽  
Eu Member States ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Eu

The author’s goal is to determine the consequences of implementing treaty solutions concerning public debt to the Polish Constitution and to define the differences between the methodology of counting public debt in the European Community and Polish legal order. The raised issues concern important problems from the substantive and practical point of view, therefore the study’s content is important for science and practice. The research methodology was based on the analysis of the EU and Poland’s normative solutions, opinions expressed in the international and national literature on the subject, and the case law of the Polish Constitutional Tribunal. The paper applies mostly the dogmatic-analytic and legal-comparative method with reference to available statistical data on Poland’s public debt. The study allowed the author to gain an understanding of the significance of fiscal rules implemented at the EU level to ensure stability. Article 216(5) of the Constitution of the Republic of Poland indicates that the treaty solutions regarding the reference value (public debt-to-GDP ratio) were reenacted. However, until this day, the EU and Poland’s debt measurement methods do not fully correspond. In order to counteract excessive debt incursion, a state is required to take not only efficient actions but also ones that are adequate and, to some extent, flexible. This is an expression of acceptance of the EU’s preventive assumptions. However, there is still no full correlation in the methodology of calculating public debt in the EU and the Republic of Poland.

Calls of Duty: Romanian Politicians’ Deontological Discursive Strategies for Securing Free Movement in the European Union

2017 ◽  
Vol 25 (3) ◽  
pp. 43-66
Author(s):  
Saila Heinikoski
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Prime Ministers ◽  
Discursive Strategies ◽  
Eu Member States ◽  
Different Types ◽  
The Right ◽  
The Eu

This article discusses how the right to free movement within the European Union is presented as a matter of obligation, a duty of the other EU member states, in the discourse of Romanian Presidents and Prime Ministers (2005–2015). An examination of speeches and other statements from these politicians illuminates Romanian political reactions during the period when Romania became an EU member state, and reflects perceptions of Europeanness and European agreements. These issues take on an additional contemporary significance in the context of the Brexit negotiations, and they also add to the broader debate on whether EU norms and obligations are seen as being both just and equally applied. By analysing different types of argumentative topoi, I examine the deontological (obligation-based) argumentation employed in the free movement context. Furthermore, I examine to what extent these arguments are invoked in support of the right to free movement and who this right applies to. I argue that for Romanian politicians, deontological free movement arguments are connected to other states’ compliance with European treaties and to demands for equal application of European rules without discrimination, or the delegation of responsibility to others. This manifested itself most frequently in the calls for the EU and its member states to do their duty by treating Romanians equally to other EU citizens.

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