scholarly journals A Tale of Two Privacy Laws: The GDPR and the International Right to Privacy

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 26-30
Author(s):  
Vivek Krishnamurthy
Keyword(s):  
Data Privacy ◽  
Political Rights ◽  
Right To Privacy ◽  
General Data Protection Regulation ◽  
The Right To Privacy ◽  
Digital World ◽  
Privacy Laws ◽  
General Data ◽  
The Right ◽  
The Relationship

The European Union's General Data Protection Regulation (GDPR) is widely viewed as setting a new global standard for the protection of data privacy that is worthy of emulation, even though the relationship between the GDPR and existing international legal protections for the right to privacy remain unexplored. Correspondingly, this essay examines the relationship between these two bodies of law, and finds that the GDPR's provisions are neither necessary nor sufficient to protect the right to privacy as enshrined in Article 17 of the International Covenant on Civil and Political Rights (ICCPR). It argues that there are other equally valid and effective approaches that states can pursue to protect the right to privacy in an increasingly digital world, including the much-maligned American approach of regulating data privacy on a sectoral basis.

scholarly journals Uchybienie przepisom o ochronie danych osobowych jako naruszenie dobra osobistego – analiza na przykładzie orzecznictwa Sądu Najwyższego

2019 ◽  
pp. 245-259
Author(s):  
Bernard Łukanko
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Right To Privacy ◽  
Professional Literature ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
General Data ◽  
The Right ◽  
Personal Interests

The study is concerned with the issue of mutual relationship between the failure to comply with the laws on personal data protection and regulations relating to the protection of personal interests, including in particular the right to privacy. The article presents the views held by the Supreme Court with respect to the possibility of considering acts infringing upon the provisions of the Personal Data Protection Act of 1997 (after 24 May 2018) and of the General Data Protection Regulation (after 25 May 2018) as violation of personal interests, such as the right to privacy. The author shared the view of the case law stating that, if in specifc circumstances the processing of personal data violates the right to privacy, the party concerned may seek remedy on the grounds of Articles 23 and 24 of the Polish Civil Code. This position isalso relevant after the entry into force of the GDPR which, in a comprehensive and exhaustive manner, directly applicable in all Member States, regulates the issue of liability under civil law for infringements of the provisions of the Regulation, however, according to the position expressed in professional literature, it does not exclude the concurrence of claims and violation of the provisions on the protection of personal interests caused by a specifc event. In case of improper processing of personal data, the remedies available under domestic law on the protection of personal interests may be of particular importance outside the subject matter scope of the GDPR applicability. 

Virtual Currencies: New Challenges to the Right to Privacy? An Assessment under the V AML Directive and the GDPR

Global Jurist ◽  
2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Sara De Vido
Keyword(s):  
European Union ◽  
Money Laundering ◽  
Right To Privacy ◽  
Human Right ◽  
General Data Protection Regulation ◽  
Terrorist Financing ◽  
The Right To Privacy ◽  
General Data ◽  
New Challenges ◽  
The Right

AbstractThe purpose of this article is to analyse virtual currencies, with specific regard to Bitcoins, in light of a specific human right, the right to privacy. In the first part, this contribution will reflect on the effectiveness of the Fifth European Union Anti-Money Laundering Directive (V AML Directive) in ‘regulating’ the exchange between fiat and virtual currencies for the purpose of anti-money laundering and counter-terrorist financing. In the second part, it will explore whether the General Data Protection Regulation (GDPR) is applicable or not to the virtual currencies network.

PROTECTION OF THE RIGHT TO PRIVACY AT WORK IN THE PERIOD OF DYNAMICALLY DEVELOPING TECHNOLOGIES – TODAY AND TOMORROW

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 335-353
Author(s):  
Weronika Kupny
Keyword(s):  
Privacy Protection ◽  
Technology Development ◽  
Personal Data ◽  
Right To Privacy ◽  
General Data Protection Regulation ◽  
The Right To Privacy ◽  
General Data ◽  
The Right ◽  
The Impact ◽  
Modern Technologies

The protection of the right to privacy is one of the basic human rights and as a fundamental subject in most modern laws. Legal systems extend the privacy protection instruments to a significant extent, but at the same time they find reasons to strongly interfere in this area. Certainly, the dynamic development of modern technologies does not help the legislator to find a comprehensive solution. The article deals with the subject of privacy protection in the employment relationship on the area of innovation, technology development. In this study, the author also compares the impact of the use of modern technologies in the workplace today – in the light of the applicable regulations and tomorrow – taking into account enactment of Regulation (EU) 2016/679 of European Parlliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealinf Directive 95/46/EC (General Data Protection Regulation).

From universal towards child-specific protection of the right to privacy online: Dilemmas in the EU General Data Protection Regulation

2017 ◽  
Vol 19 (5) ◽  
pp. 765-779 ◽  
Author(s):  
Milda Macenaite
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Best Interests ◽  
Right To Privacy ◽  
General Data Protection Regulation ◽  
Average Child ◽  
The Right To Privacy ◽  
General Data ◽  
The Right ◽  
The Eu

The new European Union (EU) General Data Protection Regulation aims to adapt children’s right to privacy to the ‘digital age’. It explicitly recognizes that children deserve specific protection of their personal data, and introduces additional rights and safeguards for children. This article explores the dilemmas that the introduction of the child-tailored online privacy protection regime creates – the ‘empowerment versus protection’ and the ‘individualized versus average child’ dilemmas. It concludes that by favouring protection over the empowerment of children, the Regulation risks limiting children in their online opportunities, and by relying on the average child criteria, it fails to consider the evolving capacities and best interests of the child.

scholarly journals Convention 108: Present importance and implementation

2020 ◽  
pp. 99-110
Author(s):  
Arben Murtezić
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Government Officials ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
European Court ◽  
General Data ◽  
The Right ◽  
The Relationship

The purpose of this paper is to highlight the significance of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108) in the overall system of personal data protection, especially from the perspective of non-EU countries that are members of the Council of Europe. This is attempted primarily through the evaluation of correlation between the Convention 108 and ECHR and GDPR in its segment that regulates relationship between the EU and third countries. The interest for the issue of personal data protection has been increasing among legal and ICT professionals, academics, government officials and even a general public over the years. This has been particularly intensified by adopting General Data Protection Regulation (GDPR). However, the adoption of the GDPR did not diminish importance of the Convention 108. On the contrary, it seems that the 'adequacy' principle regarding the third countries proclaimed by the GDPR, stresses its importance. The paper begins with the brief overview of the Convention 108 principles and the modernization that is brought by Protocol of 2018, which coincides with the entry into force of much-mentioned GDPR. It continues with analysis of the relationship between the GDPR and Convention 108, with focus on elements decisively influencing the assessment of the adequacy of the level of protection. Even though there is no sign of equivalence between the right to privacy and personal data protection these matters inevitably intersect in practice. Therefore, the final section of the text summarizes the cases of the European Court of Human Rights invoking Convention 108, with the aim to demonstrate how it is interpreted by the highest judicial instance in Europe.

scholarly journals Prywatność pacjenta jako dobro osobiste. Nowe wyzwania w świetle regulacji RODO

2019 ◽  
pp. 361-373
Author(s):  
Iwona Wrześniewska-Wal ◽  
Lidia Janiszewska
Keyword(s):  
Data Protection ◽  
Initial Period ◽  
Right To Privacy ◽  
General Data Protection Regulation ◽  
The Right To Privacy ◽  
Personal Rights ◽  
General Data ◽  
The Right

The article discusses the issue of changes in the catalog of legal instruments, which can be used by a patient when a violation of the principles ofprocessing his personal rights occurs, in the context of the application of theEU General Data Protection Regulation (GDPR). It draws attention to theextension of the catalog of available legal instruments in the feld of personaldata protection and the presents of other mechanisms aimed at protectingthe rights of patients, including the right to privacy. The authors expressa belief that, especially the administrative mode can be widely used by patients in the initial period of application of the General Data Protection Regulation.

scholarly journals Legislative Advances in the General Data Protection Law

2021 ◽  
pp. 1-5
Author(s):  
Tricia Bogossian ◽  
Keyword(s):  
Data Protection ◽  
Research Problem ◽  
Technological Evolution ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
General Data ◽  
Data Protection Law ◽  
General Aspects ◽  
The Right ◽  
The Relationship

This study aims to verify whether the protection provided by the General Data Protection Law (LGPD) has been shown to be sufficient to safeguard the fundamental right to privacy in times when technological evolution is progressing and how compliance regulations can help in this context. Therefore, it addresses the right to privacy in the information society; explains the relationship between technological evolution and information security; and exposes general aspects of the LGPD. As a methodology, the theoretical-dogmatic research was used, considering that a literature review on doctrines and legislation was carried out in order to answer the research problem.

scholarly journals Prawo do prywatności w dobie sztucznej inteligencji

2021 ◽  
pp. 108-127
Author(s):  
Anna Pawlak
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Private Life ◽  
International Standards ◽  
Legal Regulations ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Digital World ◽  
Privacy Laws ◽  
The Right

Privacy in the era of artificial intelligence is the ability to exercise control over your private life, including information about yourself and your family. Robust privacy laws are essential to building and maintaining trust in a digital world. It is extremely important to ensure a balance between proper protection of private life and supporting the development of new technologies and innovation. The article presents what privacy is in the era of artificial intelligence, what threats to privacy result from the development of technology, how the right to privacy is guaranteed and protected (both by international standards and Polish legal regulations). The author also assesses the legal regulations regarding the guarantee of the right to privacy in the AI world.

A Layered Approach to Jurisdiction

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
Data Protection ◽  
Data Privacy ◽  
General Data Protection Regulation ◽  
Legal Rules ◽  
Privacy Laws ◽  
Scope Of Application ◽  
General Data ◽  
Layered Approach ◽  
Substantive Law

This chapter observes how it may be inappropriate to apply a single jurisdictional threshold to diverse instruments such as data privacy laws. In the light of this observation, a proposal is outlined for a ‘layered approach’ under which the substantive law rules of such instruments are broken up into different layers, with different jurisdictional thresholds applied to each such layer. This layered approach is discussed primarily as a technique to be utilized in legal drafting, but it may also be applied in the interpretation and application of legal rules. Article 3 of the European Union’s General Data Protection Regulation, which determines that regulation’s scope of application in a territorial sense, provides a particularly useful lens through which to approach this topic and, thus, the discussion is largely centred around that Article.

scholarly journals Complying with Privacy Legislation: From Legal Text to Implementation of Privacy-Aware Location-Based Services

2018 ◽  
Vol 7 (11) ◽  
pp. 442 ◽  
Author(s):  
Mehrnaz Ataei ◽  
Auriol Degbelo ◽  
Christian Kray ◽  
Vitor Santos
Keyword(s):  
Data Privacy ◽  
Location Privacy ◽  
Service Providers ◽  
Location Based Services ◽  
Legal Text ◽  
General Data Protection Regulation ◽  
Location Data ◽  
Privacy Laws ◽  
Technical Issues ◽  
General Data

An individual’s location data is very sensitive geoinformation. While its disclosure is necessary, e.g., to provide location-based services (LBS), it also facilitates deep insights into the lives of LBS users as well as various attacks on these users. Location privacy threats can be mitigated through privacy regulations such as the General Data Protection Regulation (GDPR), which was introduced recently and harmonises data privacy laws across Europe. While the GDPR is meant to protect users’ privacy, the main problem is that it does not provide explicit guidelines for designers and developers about how to build systems that comply with it. In order to bridge this gap, we systematically analysed the legal text, carried out expert interviews, and ran a nine-week-long take-home study with four developers. We particularly focused on user-facing issues, as these have received little attention compared to technical issues. Our main contributions are a list of aspects from the legal text of the GDPR that can be tackled at the user interface level and a set of guidelines on how to realise this. Our results can help service providers, designers and developers of applications dealing with location information from human users to comply with the GDPR.

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