Visual Surveillance Within the EU General Data Protection Regulation: A Technology Perspective

This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. This book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation.

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The GDPR as Global Data Protection Regulation?

AJIL Unbound ◽

10.1017/aju.2019.80 ◽

2020 ◽

Vol 114 ◽

pp. 5-9 ◽

Cited By ~ 2

Author(s):

Cedric Ryngaert ◽

Mistale Taylor

Keyword(s):

International Law ◽

Data Protection ◽

Personal Data ◽

Fundamental Rights ◽

General Data Protection Regulation ◽

Data Protection Directive ◽

Protection Legislation ◽

General Data ◽

Global Data ◽

The Eu

The deterritorialization of the Internet and international communications technology has given rise to acute jurisdictional questions regarding who may regulate online activities. In the absence of a global regulator, states act unilaterally, applying their own laws to transborder activities. The EU's “extraterritorial” application of its data protection legislation—initially the Data Protection Directive (DPD) and, since 2018, the General Data Protection Regulation (GDPR)—is a case in point. The GDPR applies to “the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services . . . to such data subjects in the Union; or (b) the monitoring of their behaviour . . . within the Union.” It also conditions data transfers outside the EU on third states having adequate (meaning essentially equivalent) data protection standards. This essay outlines forms of extraterritoriality evident in EU data protection law, which could be legitimized by certain fundamental rights obligations. It then looks at how the EU balances data protection with third states’ countervailing interests. This approach can involve burdens not only for third states or corporations, but also for the EU political branches themselves. EU law viewed through the lens of public international law shows how local regulation is going global, despite its goal of protecting only EU data subjects.

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To What Extent Does the EU General Data Protection Regulation (GDPR) Apply to Citizen Scientist-Led Health Research with Mobile Devices?

The Journal of Law Medicine & Ethics ◽

10.1177/1073110520917046 ◽

2020 ◽

Vol 48 (S1) ◽

pp. 187-195

Author(s):

Edward S. Dove ◽

Jiahong Chen

Keyword(s):

Mobile Devices ◽

Data Protection ◽

Health Research ◽

Health Data ◽

Specific Context ◽

General Data Protection Regulation ◽

Citizen Scientist ◽

Open Questions ◽

General Data ◽

The Eu

In this article, we consider the possible application of the European General Data Protection Regulation (GDPR) to “citizen scientist”-led health research with mobile devices. We argue that the GDPR likely does cover this activity, depending on the specific context and the territorial scope. Remaining open questions that result from our analysis lead us to call for lex specialis that would provide greater clarity and certainty regarding the processing of health data by for research purposes, including these non-traditional researchers.

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International Organizations and the EU General Data Protection Regulation

International Organizations Law Review ◽

10.1163/15723747-2019008 ◽

2019 ◽

Vol 16 (1) ◽

pp. 158-191 ◽

Cited By ~ 1

Author(s):

Christopher Kuner

Keyword(s):

International Law ◽

International Organizations ◽

Data Protection ◽

Personal Data ◽

Eu Law ◽

Protection Measures ◽

General Data Protection Regulation ◽

General Data ◽

High Level ◽

The Eu

The importance of personal data processing for international organizations (‘IOs’) demonstrates the need for them to implement data protection in their work. The EU General Data Protection Regulation (‘GDPR’) will be influential around the world, and will impact IOs as well. Its application to them should be determined under relevant principles of EU law and public international law, and it should be interpreted consistently with the international obligations of the EU and its Member States. However, IOs should implement data protection measures regardless of whether the GDPR applies to them in a legal sense. There is a need for EU law and international law to take each other better into account, so that IOs can enjoy their privileges and immunities also with regard to EU law and avoid conflicts with international law, while still providing a high level of data protection in their operations.

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How Data Protection Regulation Affects Startup Innovation

Information Systems Frontiers ◽

10.1007/s10796-019-09974-2 ◽

2019 ◽

Vol 21 (6) ◽

pp. 1307-1324 ◽

Cited By ~ 6

Author(s):

Nicholas Martin ◽

Christian Matt ◽

Crispin Niebel ◽

Knut Blind

Keyword(s):

Empirical Evidence ◽

Data Protection ◽

Rapid Growth ◽

Business Development ◽

Data Driven ◽

General Data Protection Regulation ◽

Policy Responses ◽

General Data ◽

Firm Responses ◽

The Eu

AbstractWhile many data-driven businesses have seen rapid growth in recent years, their business development might be highly contingent upon data protection regulation. While it is often claimed that stricter regulation penalizes firms, there is only scarce empirical evidence for this. We therefore study how data protection regulation affects startup innovation, exploring this question during the ongoing introduction of the EU General Data Protection Regulation (GDPR). Our results show that the effects of data protection regulation on startup innovation are complex: it simultaneously stimulates and constrains innovation. We identify six distinct firm responses to the effects of the GDPR; three that stimulate innovation, and three that constrain it. We furthermore identify two key stipulations in the GDPR that account for the most important innovation constraints. Implications and potential policy responses are discussed.

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Das intelligente Energiesystem der Zukunft

10.5771/9783748905622 ◽

2020 ◽

Author(s):

Ryan Kelly

Keyword(s):

Data Protection ◽

Energy System ◽

Fundamental Rights ◽

Smart Meter ◽

Eu Law ◽

Smart Meters ◽

General Data Protection Regulation ◽

Regulatory Strategy ◽

General Data ◽

The Eu

The regulated rollout of smart meters is intended to digitise the energy infrastructure with the goal of creating a future-oriented European energy system. In order to implement the EU requirements, the German legislature is pursuing a regulatory strategy with mandatory legal toleration of intelligent metering systems. This is associated with a variety of fundamental rights and data protection problems. The study examines the smart meter rollout in its complex reality between constitutional, energy and data protection law, as well as European and national regulations. The implementation of smart meters will be discussed in its entirety and analysed on the basis of constitutional and EU law. The focus lies, in particular, on the dogmatic localisation in the European constitutional framework and the examination on the legal basis of the General Data Protection Regulation (GDPR). The results of the study are visualised in two condensed illustrations.

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The EU Parliament Vote on the EU General Data Protection Regulation – The Death of Binding Corporate Rules for Processors?

Computer Law Review International ◽

10.9785/cri-2014-0203 ◽

2014 ◽

Vol 15 (2) ◽

Author(s):

Stefan Schuppert

Keyword(s):

Data Protection ◽

General Data Protection Regulation ◽

General Data ◽

The Eu

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Apply or not to apply?

Bratislava Law Review ◽

10.46282/blr.2020.4.2.171 ◽

2020 ◽

Vol 4 (2) ◽

pp. 81-94

Author(s):

Matúš Mesarčík

Keyword(s):

Data Protection ◽

Personal Data ◽

The European Union ◽

Privacy Regulation ◽

New Era ◽

General Data Protection Regulation ◽

Consumer Privacy ◽

Privacy Act ◽

General Data ◽

The Eu

A new era of data protection laws arises after the adoption of the General Data Protection Regulation (GDPR) in the European Union. One of the newly adopted regulations of processing of personal data is Californian Consumer Privacy Act commonly referred to as CCPA. The article aims to fill the gap considering a deep analysis of the territorial scope of both acts and practical consequences of the application. The article starts with a brief overview of privacy regulation in the EU and USA. Introduction to GDPR and CCPA follows focusing on the territorial scope of respective legislation. Three scenarios of applicability are derived in the following part including practical examples.

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