scholarly journals Brexit and Biobanking: GDPR Perspectives

2021 ◽  
pp. 145-183
Author(s):  
Andelka M. Phillips ◽  
Tamara K. Hervey
Keyword(s):  
Data Protection ◽  
Legal Analysis ◽  
Legal Form ◽  
Impossible Task ◽  
Legal Position ◽  
Data Protection Law ◽  
The Uk ◽  
Main Message

AbstractAt the time we wrote this chapter, we undertook the almost impossible task of providing a legal analysis of an event (Brexit) that had not happened and might never have happened. This chapter nonetheless contributes to the edited collection in that it reports on the then legal position in the UK, and presents an analysis of two possible immediate post-Brexit legal futures, for data protection law as applicable to biobanking in the UK. These post-Brexit futures are the position if the draft Withdrawal Agreement is ratified and comes into force, and the position if it does not (a so-called ‘No Deal’ Brexit). The chapter concludes with some thoughts on possible longer term futures. The main message is the deep uncertainties surrounding Brexit and what it means in both legal form and in practice.

Do We Need Data Protection at All?

2021 ◽  
pp. 91-128
Author(s):  
Dara Hallinan
Keyword(s):  
Data Protection ◽  
Thought Experiment ◽  
Legal Systems ◽  
Genetic Privacy ◽  
General Data Protection Regulation ◽  
European Data ◽  
Viable Solution ◽  
General Data ◽  
Data Protection Law ◽  
The Uk

This chapter assesses whether there is any need to consider European data protection law as a framework for the protection of genetic privacy in biobanking in Europe at all. To answer the question, the chapter conducts a thought experiment and examines what the standard of protection in Europe would look like if one were to exclude data protection law from consideration. This is merely a thought experiment, as data protection already plays, and will continue to play, a significant role in the protection of genetic privacy in biobanking in Europe. The exercise is enlightening, however, in showing the extent of flaws in protection in European legal systems stripped of data protection. In this regard, the chapter then maps the protection provided to genetic privacy in biobanking by the EU's, and three European states'—Estonia, Germany, and the UK—legal systems. It then engages in a critical analysis, highlighting the significant inadequacy of the protection provided by these systems excluding data protection law. Finally, the chapter shows why, generally, European data protection law under the General Data Protection Regulation (GDPR) looks a viable solution to address the problems displayed by other approaches.

Financial Collateral

2020 ◽  
Keyword(s):  
Global Financial Crisis ◽  
Legal Analysis ◽  
Lehman Brothers ◽  
Legal Position ◽  
The Stability ◽  
The Global Financial Crisis ◽  
The Uk ◽  
Global Financial System ◽  
Safe Harbours ◽  
The Eu

This book draws together all of the property law, regulatory and contractual issues relevant to financial collateral transactions. Collateralized finance transactions played a major role in the bankruptcy of Lehman Brothers and the near-failure of AIG during the early months of the global financial crisis, and they are being increasingly recognised as being integral to the stability of the global financial system. The book provides a detailed legal analysis of the types of transactions which make up collateralised financing transactions and examines them in their commercial context. Recognising that financial collateral transactions are often global in nature, the book covers the legal position in the UK, US, and the EU with specific relevance to practice in the Netherlands, Germany, and Belgium. The book opens with an explanation of how financial collateral transactions are construed, including the relevant standard contract forms. The following chapters discuss the major legal issues and practical considerations, as well as a number of specialist concepts such as safe harbours, 'minimum floors' and securities custody. The book brings together consideration of the European Securities Financing Regulation, the Collateral Directive, and relevant parts of the Bank Recovery and Resolution Directive.

The General Data Protection Regulation: the Next Generation of EU Data Protection

2018 ◽  
Vol 18 (1) ◽  
pp. 21-28 ◽  
Author(s):  
Sahar Bhaimia
Keyword(s):  
Data Protection ◽  
Information Services ◽  
Next Generation ◽  
General Data Protection Regulation ◽  
Data Protection Directive ◽  
General Data ◽  
Data Protection Law ◽  
The Uk ◽  
The Eu

AbstractThis article, written by Sahar Bhaimia, presents an overview of the General Data Protection Regulation (EU) (2016/679) (GDPR) which will apply automatically across the EU on 25 May 2018. The GDPR is an update and reform of existing EU data protection law, first established by the Data Protection Directive (1995/46/EC). The article is for knowledge managers and information services professionals who may be asked to take on responsibility for GDPR, and focuses on the UK. It covers the fundamentals of EU data protection law, highlights key changes brought about by the GDPR, and provides practical tips and suggestions for knowledge managers.

scholarly journals Integrated purchasing and banking data protection in the context of Directive (EU) 2015/2366: new payment service providers

2019 ◽  
Vol 11 (1) ◽  
pp. 173-198
Author(s):  
Dominique Legeais
Keyword(s):  
Data Protection ◽  
Service Providers ◽  
Personal Data ◽  
Banking Regulation ◽  
Legal Regulation ◽  
Economic Security ◽  
Legal Analysis ◽  
French Law ◽  
Data Protection Law ◽  
Payment Services

Purpose – The article analyses the limits of protection of bank users´ data in France, framing them as personal data. Its legal analysis is made amidst a context of radical changes in the European and French personal data protection law as well in the banking regulation, which is being transformed by the new payment services regulation. Methodology/approach/design – The article brings an interlacement of some new legal sources from the European and French law to appraise the limits of banking data protection. It tests the application of some legal norms in order to evaluate the potential protection in two areas: the security of the banking data on a new environment of payment services (fintechs and other new firms); the possibility of protection against the unauthorized data commercial usage. Findings – The article concludes that the European and French banking and payment services law have not the desired level of protection against bad commercial practices in a context, which is marked by both the retailers and payment services integration as well the presence of the big techs. The data protection law must complement the banking and payment services regulation in order to provide the desired level of protection. Practical implications – The article demonstrates the possibility of testing new kinds of legal regulation – data protection – to archive social and economic security in a different sector, like baking and commerce. Originality/value – The article departs from a new concept of banking data, built from the meshing of the concepts of banking information and sensible personal data. From this conceptual frame, it can evaluate the level of protection granted by the European and French law in order to sketch a possible protective regime.

Importance of Personal Data Protection Law for Commercial Air Transport

2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura
Keyword(s):  
Data Protection ◽  
Public Information ◽  
Personal Data ◽  
Air Transport ◽  
Civil Aviation ◽  
Aviation Industry ◽  
Personal Data Protection ◽  
It Systems ◽  
Data Protection Law ◽  
The Law

Abstract In the review below the author presents a general overview of the selected contemporary legal issues related to the present growth of the aviation industry and the development of aviation technologies. The review is focused on the questions at the intersection of aviation law and personal data protection law. Massive processing of passenger data (Passenger Name Record, PNR) in IT systems is a daily activity for the contemporary aviation industry. Simultaneously, since the mid- 1990s we can observe the rapid growth of personal data protection law as a very new branch of the law. The importance of this new branch of the law for the aviation industry is however still questionable and unclear. This article includes the summary of the author’s own research conducted between 2011 and 2017, in particular his audits in LOT Polish Airlines (June 2011-April 2013) and Lublin Airport (July - September 2013) and the author’s analyses of public information shared by International Civil Aviation Organization (ICAO), International Air Transport Association (IATA), Association of European Airlines (AEA), Civil Aviation Authority (ULC) and (GIODO). The purpose of the author’s research was to determine the applicability of the implementation of technical and organizational measures established by personal data protection law in aviation industry entities.

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