scholarly journals Gender Transition: Is There a Right to Be Forgotten?

2021 ◽  
Author(s):  
Mónica Correia ◽  
Guilhermina Rêgo ◽  
Rui Nunes
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Health Data ◽  
Information Control ◽  
The European Union ◽  
Gender Transition ◽  
General Data Protection Regulation ◽  
Right To Be Forgotten ◽  
And Gender ◽  
The Right

AbstractThe European Union (EU) faced high risks from personal data proliferation to individuals’ privacy. Legislation has emerged that seeks to articulate all interests at stake, balancing the need for data flow from EU countries with protecting personal data: the General Data Protection Regulation. One of the mechanisms established by this new law to strengthen the individual’s control over their data is the so-called “right to be forgotten”, the right to obtain from the controller the erasure of records. In gender transition, this right represents a powerful form of control over personal data, especially health data that may reveal a gender with which they do not identify and reject. Therefore, it is pertinent to discern whether the right to have personal data deleted—in particular, health data—is ethically acceptable in gender transition. Towards addressing the ethical dimensions of the right to be forgotten in this case, this study presents relevant concepts, briefly outlines history, ethics and law of records considering the evolution from paper to electronic format, the main aspects of identity construction and gender identity, and explores the relationship between privacy, data protection/information control and identity projection. Also, it discusses in gender transition the relation between “the right to self-determination”, “the right to delete”, and “the right to identity and individuality”. Conclusions on the ethical admissibility of the ‘right to be forgotten’ to control gender-affirming information are presented.

AN UPDATE ON THE RIGHT TO BE FORGOTTEN AS A PRINCIPLE OF PERSONAL DATA PROTECTION IN EUROPEAN UNION

2021 ◽  
pp. 99-109
Author(s):  
MARIJANA MLADENOV ◽  
JELENA STOJŠIĆ DABETIĆ
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
The European Union ◽  
Right To Privacy ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
Right To Be Forgotten ◽  
The Right

Should we consider the right to be forgotten as a threat to free speech or the mechanism of the right to privacy? This most controversial element of the right to privacy and personal data protection caused the global debate on privacy and freedom of speech. Despite the fact that the right to be forgotten is codified in Article 17 of the General Data Protection Regulation and that fundamental postulates of this right were defined in Google v. Spain, there still remain unresolved issues. In order to gain a clear idea of the content of the right to be forgotten, as the principle of data protection in accordance with the latest European perspective, the subject matter of the paper refers to analyses of the developments of this right in the light of relevant regulations, as well as of the jurisprudence of the Court of Justice of the European Union (CJEU). The article firstly provides an overview of the concept of the right to be forgotten, from the very early proposals that gave rise to it, to the latest ones contained in recent regulations. Furthermore, the special attention is devoted to the new standards of the concept of the right to be forgotten from the aspect of recent rulings of the CJEU, GC et al v. CNIL and CNIL v. Google. Within the concluding remarks, the authors highlight the need for theoretical innovation and an adequate legal framework of the right to be forgotten in order to fit this right within the sociotechnical legal culture. The goal of the article is to provide insight regarding the implementation of the right to be forgotten in the European Union and to identify the main challenges with respect to the issue.

scholarly journals Can the Internet Forget? – Rhe Eight to be Forgotten in the EU Law and its Actual Impact on the Internet. Comparison of the Approaches Towards the Notion and Assessment of its Effectiveness

2020 ◽  
Vol 9 (1) ◽  
pp. 86-101
Author(s):  
Aleksandra Gebuza
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
The Internet ◽  
Eu Law ◽  
General Data Protection Regulation ◽  
Actual Impact ◽  
Right To Be Forgotten ◽  
General Data ◽  
The Right ◽  
The Eu

AbstractThe main aim of the article is to provide analysis on the notion of the right to be forgotten developed by the CJEU in the ruling Google v. AEPD & Gonzalez and by the General Data Protection Regulation within the context of the processing of personal data on the Internet. The analysis provides the comparison of approach towards the notion between European and American jurisprudence and doctrine, in order to demonstrate the scale of difficulty in applying the concept in practice.

The Right to Be Forgotten in the European Union

2020 ◽  
pp. 485-502
Author(s):  
Miquel Peguera
Keyword(s):  
European Union ◽  
Data Protection ◽  
Search Engines ◽  
The European Union ◽  
Sensitive Data ◽  
General Data Protection Regulation ◽  
National Courts ◽  
Right To Be Forgotten ◽  
General Data ◽  
The Right

This chapter discusses data protection aspects of liability of online intermediaries with special emphasis on the right to be forgotten as developed by the Court of Justice of the European Union (CJEU) and later by national courts in Europe. It considers also relevant provisions within the General Data Protection Regulation and how they affect online intermediaries’ activities. This chapter briefly considers two manifestations of the right to be forgotten as they are being currently applied in the EU. First, the right to be forgotten vis-à-vis internet search engines; that is, the right to be delisted from search results. Secondly, the right-to-be-forgotten claims directed against primary publishers to have the information deleted or anonymized at the source. In doing so, this chapter will point to hotly debated issues, recently addressed by the CJEU, such as the geographical scope of the right to be forgotten, that is its possible extraterritorial application, and the prohibition of processing of sensitive data that should theoretically apply to all data controllers, including those online intermediaries that qualify as such. This chapter also considers how balancing of rights should occur when right-to-be-forgotten claims to delist content are brought against search engines or publishers.

Europe's national regulators hold key to GDPR success

2019 ◽  
Keyword(s):  
Data Protection ◽  
Public Awareness ◽  
Personal Data ◽  
Content Type ◽  
General Data Protection Regulation ◽  
Right To Be Forgotten ◽  
General Data ◽  
The Right ◽  
Robust Regulation

Subject GDPR appraisal and outlook. Significance May 25, 2019 is the first anniversary of the EU’s General Data Protection Regulation (GDPR). The GDPR enhanced the rights of citizens regarding their personal data, including by giving them the ‘right to be forgotten’, and tightened controls on how organisations and businesses collect, store and process such data. Impacts A key shortcoming is ensuring the compliance of business beyond ‘big tech’. Public awareness of the GDPR in smaller EU states will lag that in larger states. Criticism of the Irish regulator will rise if it fails to demonstrate a clearer commitment towards robust regulation.

scholarly journals Personal Data Protection and Access to Archives in Ukraine: From the National and International Perspective

Atlanti ◽  
2018 ◽  
Vol 28 (2) ◽  
pp. 61-70
Author(s):  
Maryna Paliienko
Keyword(s):  
Data Protection ◽  
Personal Information ◽  
Public Information ◽  
Personal Data ◽  
International Perspective ◽  
Economic Life ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right

The article is devoted to the analysis of the General Data Protection Regulation, which came into force on May 25, 2018, on the territory of the member states of the European Union, in comparison with the legislation on personal data that operates in Ukraine. The following basic concepts such as “personal data”, “personal data bases”, “information protection”, “the right to access to information”, “the right to erasure” are considered. Special attention is paid to the activities of archives in collecting, processing, storing and providing access to documents that contain personal information. It is analyzed the Laws of Ukraine “On Information”, “On Protection of Personal Data”, “On Access to Public Information”, “On the National Archival Fond and Archival Institutions”. It has been pointed out that the GDPR has very important value for European socio-political and economic life, for working out data protection standards and a new international privacy protection framework.

scholarly journals Data Profiling and Elections: Has Data-Driven Political Campaign Gone Too Far?

2019 ◽  
Vol 3 (1) ◽  
pp. 95
Author(s):  
Alia Yofira Karunian ◽  
Helka Halme ◽  
Ann-Marie Söderholm
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Data Driven ◽  
The European Union ◽  
Political Campaign ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Data Profiling ◽  
Right To Information ◽  
The Right

In the age of digitalization, data-driven political campaign has rapidly shifted into sophisticated data profiling and big data analysis. In Indonesia, the privacy implications of data profiling for political purposes have not been thoroughly studied, much less regulated. This paper aims to conduct a comparative regulatory study between the European Union General Data Protection Regulation (EU GDPR) and Indonesian laws concerning personal data protection in facing the growing practice of data profiling for political purposes. In conclusion, in order to prevent unfair and non-transparent data profiling for political purposes in the upcoming 2019 general election, Indonesia should enact a comprehensive data protection law which provides data subjects with the right to information related to profiling and establishing independent supervisory authority.      

scholarly journals Data Protection Impact Assessment (DPIA) for Cloud-Based Health Organizations

2021 ◽  
Vol 13 (3) ◽  
pp. 66
Author(s):  
Dimitra Georgiou ◽  
Costas Lambrinoudakis
Keyword(s):  
Impact Assessment ◽  
Data Protection ◽  
Gap Analysis ◽  
Health Care Organization ◽  
Personal Data ◽  
Care Organization ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Compliance Level

The General Data Protection Regulation (GDPR) harmonizes personal data protection laws across the European Union, affecting all sectors including the healthcare industry. For processing operations that pose a high risk for data subjects, a Data Protection Impact Assessment (DPIA) is mandatory from May 2018. Taking into account the criticality of the process and the importance of its results, for the protection of the patients’ health data, as well as the complexity involved and the lack of past experience in applying such methodologies in healthcare environments, this paper presents the main steps of a DPIA study and provides guidelines on how to carry them out effectively. To this respect, the Privacy Impact Assessment, Commission Nationale de l’Informatique et des Libertés (PIA-CNIL) methodology has been employed, which is also compliant with the privacy impact assessment tasks described in ISO/IEC 29134:2017. The work presented in this paper focuses on the first two steps of the DPIA methodology and more specifically on the identification of the Purposes of Processing and of the data categories involved in each of them, as well as on the evaluation of the organization’s GDPR compliance level and of the gaps (Gap Analysis) that must be filled-in. The main contribution of this work is the identification of the main organizational and legal requirements that must be fulfilled by the health care organization. This research sets the legal grounds for data processing, according to the GDPR and is highly relevant to any processing of personal data, as it helps to structure the process, as well as be aware of data protection issues and the relevant legislation.

Regulatory Challenges of Data Mining Practices: The Case of the Never-ending Lifecycles of ‘Health Data’

2018 ◽  
Vol 25 (3) ◽  
pp. 284-307
Author(s):  
Giovanni Comandè ◽  
Giulia Schneider
Keyword(s):  
Data Mining ◽  
Data Protection ◽  
Personal Data ◽  
Health Data ◽  
General Level ◽  
General Data Protection Regulation ◽  
The Face ◽  
General Data ◽  
Level Of Analysis

Abstract Health data are the most special of the ‘special categories’ of data under Art. 9 of the General Data Protection Regulation (GDPR). The same Art. 9 GDPR prohibits, with broad exceptions, the processing of ‘data concerning health’. Our thesis is that, through data mining technologies, health data have progressively undergone a process of distancing from the healthcare sphere as far as the generation, the processing and the uses are concerned. The case study aims thus to test the endurance of the ‘special category’ of health data in the face of data mining technologies and the never-ending lifecycles of health data they feed. At a more general level of analysis, the case of health data shows that data mining techniques challenge core data protection notions, such as the distinction between sensitive and non-sensitive personal data, requiring a shift in terms of systemic perspectives that the GDPR only partly addresses.

scholarly journals Data Sharing Under the General Data Protection Regulation

Hypertension ◽  
2021 ◽  
Vol 77 (4) ◽  
pp. 1029-1035
Author(s):  
Antonia Vlahou ◽  
Dara Hallinan ◽  
Rolf Apweiler ◽  
Angel Argiles ◽  
Joachim Beige ◽  
...  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Research Approach ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Protection Legislation ◽  
General Data ◽  
Almost All

The General Data Protection Regulation (GDPR) became binding law in the European Union Member States in 2018, as a step toward harmonizing personal data protection legislation in the European Union. The Regulation governs almost all types of personal data processing, hence, also, those pertaining to biomedical research. The purpose of this article is to highlight the main practical issues related to data and biological sample sharing that biomedical researchers face regularly, and to specify how these are addressed in the context of GDPR, after consulting with ethics/legal experts. We identify areas in which clarifications of the GDPR are needed, particularly those related to consent requirements by study participants. Amendments should target the following: (1) restricting exceptions based on national laws and increasing harmonization, (2) confirming the concept of broad consent, and (3) defining a roadmap for secondary use of data. These changes will be achieved by acknowledged learned societies in the field taking the lead in preparing a document giving guidance for the optimal interpretation of the GDPR, which will be finalized following a period of commenting by a broad multistakeholder audience. In parallel, promoting engagement and education of the public in the relevant issues (such as different consent types or residual risk for re-identification), on both local/national and international levels, is considered critical for advancement. We hope that this article will open this broad discussion involving all major stakeholders, toward optimizing the GDPR and allowing a harmonized transnational research approach.

scholarly journals Artificial intelligence, Digital Single Market and the proposal of a right to fair and reasonable inferences: a legal issue between ethics and techniques

2019 ◽  
Vol 5 (2) ◽  
pp. 75-91
Author(s):  
Alexandre Veronese ◽  
Alessandra Silveira ◽  
Amanda Nunes Lopes Espiñeira Lemos
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Single Market ◽  
Legal Issue ◽  
The European Union ◽  
European Union Law ◽  
General Data Protection Regulation

The article discusses the ethical and technical consequences of Artificial intelligence (hereinafter, A.I) applications and their usage of the European Union data protection legal framework to enable citizens to defend themselves against them. This goal is under the larger European Union Digital Single Market policy, which has concerns about how this subject correlates with personal data protection. The article has four sections. The first one introduces the main issue by describing the importance of AI applications in the contemporary world scenario. The second one describes some fundamental concepts about AI. The third section has an analysis of the ongoing policies for AI in the European Union and the Council of Europe proposal about ethics applicable to AI in the judicial systems. The fourth section is the conclusion, which debates the current legal mechanisms for citizens protection against fully automated decisions, based on European Union Law and in particular the General Data Protection Regulation. The conclusion will be that European Union Law is still under construction when it comes to providing effective protection to its citizens against automated inferences that are unfair or unreasonable.

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