The Emergence of Personal Data Protection as a Fundamental Right of the EU

2014 ◽  
Author(s):  
Gloria González Fuster
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Personal Data Protection ◽  
The Eu

scholarly journals Applicable Law to Transnational Personal Data: Trends and Dynamics

2020 ◽  
Vol 21 (6) ◽  
pp. 1283-1308
Author(s):  
Jie (Jeanne) Huang
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Chinese Media ◽  
Applicable Law ◽  
Personal Data Protection ◽  
Regional Coordination ◽  
The Law ◽  
Model Law ◽  
The Right ◽  
The Eu

AbstractThe recent COVID-19 outbreak has pushed the tension of protecting personal data in a transnational context to an apex. Using a real case where the personal data of an international traveler was illegally released by Chinese media, this Article identifies three trends that have emerged at each stage of conflict-of-laws analysis for lex causae: (1) The EU, the US, and China characterize the right to personal data differently; (2) the spread-out unilateral applicable law approach comes from the fact that all three jurisdictions either consider the law for personal data protection as a mandatory law or adopt connecting factors leading to the law of the forum; and (3) the EU and China strongly advocate deAmericanization of substantive data protection laws. The trends and their dynamics provide valuable implications for developing the choice of laws for transnational personal data. First, this finding informs parties that jurisdiction is a predominant issue in data breach cases because courts and regulators would apply the law of the forum. Second, currently, there is no international treaty or model law on choice-of-law issues for transnational personal data. International harmonization efforts will be a long and difficult journey considering how the trends demonstrate not only the states’ irreconcilable interests but also how states may consider these interests as their fundamental values that they do not want to trade off. Therefore, for states and international organizations, a feasible priority is to achieve regional coordination or interoperation among states with similar values on personal data protection.

scholarly journals Should Fundamental Rights to Privacy and Data Protection be a Part of the EU's International Trade ‘Deals’?

2017 ◽  
Vol 17 (3) ◽  
pp. 477-508 ◽  
Author(s):  
SVETLANA YAKOVLEVA
Keyword(s):  
International Trade ◽  
Data Protection ◽  
Personal Data ◽  
Trade Agreements ◽  
Two Dimensions ◽  
Fundamental Rights ◽  
International Trade Agreements ◽  
Personal Data Protection ◽  
Trade Deals ◽  
The Eu

AbstractThis article discusses ways in which the General Agreement on Trade in Services (GATS) and post-GATS free trade agreements may limit the EU's ability to regulate privacy and personal data protection as fundamental rights. After discussing this issue in two dimensions – the vertical relationship between trade and national and European Union (EU) law, and the horizontal relationship between trade and human rights law – the author concludes that these limits are real and pose serious risks.Inspired by recent developments in safeguarding labour, and environmental standards and sustainable development, the article argues that privacy and personal data protection should be part of, and protected by, international trade deals made by the EU. The EU should negotiate future international trade agreements with the objective of allowing them to reflect the normative foundations of privacy and personal data protection. This article suggests a specific way to achieve this objective.

scholarly journals Projekt reformy ochrony danych osobowych - czy rzeczywiście powstanie jednolity i spójny system?

2014 ◽  
pp. 93-125
Author(s):  
Agnieszka Grzelak
Keyword(s):  
Comparative Analysis ◽  
European Commission ◽  
Data Protection ◽  
Legal Status ◽  
Personal Data ◽  
General System ◽  
Consistent System ◽  
Personal Data Protection ◽  
Criminal Matters ◽  
The Eu

In January 2014 two years passed since the European Commission presented a package of reforms of the system of personal data protection in the EU. Com‑ mission proposed to create, in its opinion, a uniform and consistent system across the EU. The idea of the paper is to answer the question whether the Commission’s proposal to adopt two separate acts (one as a general system, and the second for cooperation in criminal matters and police), should meet the proposed assumptions. In order to analyze that, first the treaty background is presented, then current legal status in the field of personal data in the EU, and finally a comparative analysis of the solutions of the two drafts. The analysis leads to the conclusion that there are serious concerns about the lack of consistency.

scholarly journals Protection of Personal Data in the Catholic Church in the Light of the EU Regulation No. 2016/67

2021 ◽  
Vol 10 (2) ◽  
pp. 31-44
Author(s):  
Justyna Ciechanowska ◽  
Katarzyna Szwed
Keyword(s):  
Data Protection ◽  
Catholic Church ◽  
Personal Data ◽  
European Parliament ◽  
Free Movement ◽  
Eu Regulation ◽  
Personal Data Protection ◽  
The Eu ◽  
The Catholic Church

The article deals with the issues of personal data protection in the Catholic Church in Poland. It presents to what extent the Catholic Church is obliged to apply Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of personal data and on the free movement of such data, and repealing Directive 95/46/EC and what are its requirements to its internal regulations. Reference was also made to the content of the Decree of the Polish Episcopate on the protection of personal data of March 13, 2018.

scholarly journals Personal Data Protection in New Zealand: Lessons for South Africa?

2017 ◽  
Vol 11 (4) ◽  
pp. 61
Author(s):  
A Roos
Keyword(s):  
South Africa ◽  
New Zealand ◽  
South African ◽  
Data Protection ◽  
Personal Data ◽  
The European Union ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
Eu Directive ◽  
The Eu

In 1995 the European Union adopted a Directive on data protection. Article 25 of this Directive compels all EU member countries to adopt data protection legislation and to prevent the transfer of personal data to non-EU member countries (“third countries”) that do not provide an adequate level of data protection. Article 25 results in the Directive having extra-territorial effect and exerting an influence in countries outside the EU. Like South Africa, New Zealand is a “third” country in terms of the EU Directive on data protection. New Zealand recognised the need for data protection and adopted a data protection Act over 15 years ago. The focus of this article is on the data protection provisions in New Zealand law with a view to establishing whether South Africa can learn any lessons from them. In general, it can be said that although New Zealand law does not expressly recognise a right to privacy, it has a data protection regime that functions well and that goes a long way to providing adequate data protection as required by the EU Directive on data protection. Nevertheless, the EU has not made a finding to that effect as yet. The New Zealand data protection act requires a couple of amendments before New Zealand might be adjudged ‘adequate’. South Africa’s protection of the right to privacy and identity is better developed and more extensive than that of New Zealand. Privacy is recognised and protected in the law of delict and by the South African Constitution. Despite South Africa’s apparently high regard for the individual’s right to privacy and identity and our well-developed common and constitutional law of privacy, South Africa does not meet the adequacy requirement of the EU Directive, because we do not have a data protection Act. This means that South African participants in the information technology arena are at a constant disadvantage. It is argued that South Africa should follow New Zealand’s example and adopt a data protection law as soon as possible.

scholarly journals Impact of the European General Data Protection Regulation (GDPR) on Health Data Management in a European Union Candidate Country: A Case Study of Serbia (Preprint)

2019 ◽  
Author(s):  
Branko Marovic ◽  
Vasa Curcin
Keyword(s):  
European Union ◽  
Health System ◽  
Data Protection ◽  
Personal Data ◽  
Health Data ◽  
Candidate Country ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
General Data ◽  
The Eu

UNSTRUCTURED As of May 2018, all relevant institutions within member countries of the European Economic Area are required to comply with the European General Data Protection Regulation (GDPR) or face significant fines. This regulation has also had a notable effect on the European Union (EU) candidate countries, which are undergoing the process of harmonizing their legislature with the EU as part of the accession process. The Republic of Serbia is an example of such a candidate country, and its 2018 Personal Data Protection Act mirrors the majority of provisions in the GDPR. This paper presents the impact of the GDPR on health data management and Serbia’s capability to conduct international health data research projects. Data protection incidents reported in Serbia are explored to identify common underlying causes using a novel taxonomy of contributing factors across aspects and health system levels. The GDPR has an extraterritorial application for the non-EU data controllers who process the data of EU citizens and residents, which mainly affects private practices used by medical tourists from the EU, public health care institutions frequented by foreigners, as well as expatriates, dual citizens, tourists, and other visitors. Serbia generally does not have well-established procedures to support international research collaborations around its health data. For smaller projects, contractual arrangements can be made with health data providers and their ethics committees. Even then, organizations that have not previously participated in similar ventures may require approval or support from health authorities. Extensive studies that involve multisite data typically require the support of central health system institutions and relevant research data aggregators or electronic health record vendors. The lack of a framework for preparation, anonymization, and assurance of privacy preservation forces researchers to rely heavily on local expertise and support. Given the current limitation and potential issues with the legislation, it remains to be seen whether the move toward the GDPR will be beneficial for the Serbian health system, medical research, protection of personal data and privacy rights, and research capacity. Although significant progress has been made so far, a strategic approach is needed at the national level to address insufficient resources in the area of data protection and develop the personal data protection environment further. This will also require a targeted educational effort among health workers and decision makers, aiming to improve awareness and develop skills and knowledge necessary for the workforce.

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