Data Protection and the Patient’s Right to Safety

2014 ◽  
Vol 21 (3) ◽  
pp. 260-270
Author(s):  
Jean Herveg
Keyword(s):  
Quality Control ◽  
Information Systems ◽  
Data Quality ◽  
Data Protection ◽  
Legal Framework ◽  
General Data Protection Regulation ◽  
Patient’S Rights ◽  
Control Procedures ◽  
Efficient Information ◽  
General Data

The article investigates the issue of knowing whether or not the proposal for a general data protection regulation could improve the patient’s safety. This has been analyzed through the four main contributions that should be expected at least from data protection to the patient’s safety. In our view, data protection should help supporting efficient information systems in healthcare, increasing data quality, strengthening the patient’s rights and drawing the legal framework for performing quality control procedures. Compared to the current legal framework, it is not sure that the proposal might improve any of these contributions to the patient’s safety.

Protecting Genetic Privacy in Biobanking through Data Protection Law

2021 ◽  
Author(s):  
Dara Hallinan
Keyword(s):  
Data Protection ◽  
Critical Infrastructure ◽  
Legal Framework ◽  
Privacy Rights ◽  
Genetic Privacy ◽  
General Data Protection Regulation ◽  
General Data ◽  
Research Biobanks ◽  
The Subject ◽  
Data Protection Law

Biobanks are critical infrastructure for medical research. Biobanks, however, are also the subject of considerable ethical and legal uncertainty. Given that biobanks process large quantities of genomic data, questions have emerged as to how genetic privacy should be protected. What types of genetic privacy rights and rights holders should be protected and to what extent? Since 25 May 2018, the General Data Protection Regulation (GDPR) has applied and now occupies a key position in the European legal framework for the regulation of biobanking. This book takes an in-depth look at the function, problems, and opportunities presented by European data protection law under the GDPR as a framework for the protection of genetic privacy in biobanking. It argues that the substantive framework presented by the GDPR already offers an admirable baseline level of protection for the range of genetic privacy rights engaged by biobanking. The book further contends that while numerous problems with this standard of protection are indeed identifiable, the GDPR offers the flexibility to accommodate solutions to these problems, as well as the procedural mechanisms to realise these solutions.

Surveillance of Electronic Communications in the Workplace and the Protection of Employees' Privacy

2016 ◽  
pp. 591-605
Author(s):  
Ioannis Inglezakis
Keyword(s):  
Information Systems ◽  
Information And Communication Technologies ◽  
Data Protection ◽  
Electronic Monitoring ◽  
Communication Technologies ◽  
Electronic Communications ◽  
General Data Protection Regulation ◽  
Surveillance Technology ◽  
Information And Communication ◽  
General Data

The use of Information and Communication Technologies in the workplace is constantly increasing, but also the use of surveillance technology. Electronic monitoring of employees becomes an integral part of information systems in the workplace. The specific software which is used for monitoring electronic communications is, however, intrusive and infringes upon the employees' right to privacy. The issue of surveillance of employees' electronic communications is subject to different approaches in various jurisdictions. The most comprehensive protection to employees is afforded in the EU, and it would be enhanced once the General Data Protection Regulation is passed.

EU Data Protection Law: The Review of Directive 95/46/EC and the General Data Protection Regulation

2017 ◽  
Author(s):  
Peter Hustinx
Keyword(s):  
Data Protection ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Full Potential ◽  
General Data Protection Regulation ◽  
Gradual Development ◽  
Charter Of Fundamental Rights ◽  
General Data ◽  
Data Protection Law ◽  
The Difference

This chapter looks at the origins and the current state of EU data protection law, and highlights the context of the ongoing review of Directive 95/46/EC as its key instrument, as well as the main lines of the proposed General Data Protection Regulation which will replace the Directive in the near future. The analysis shows a gradual development along two lines: one aiming at stronger rights in order to provide more effective protection, and one ensuring more consistent application of those rights across the EU. It also demonstrates the increasing impact of the Charter of Fundamental Rights, both in the case law of the Court of Justice and in the review of the legal framework. At the same time, it is argued that a lack of awareness of the difference in character between Articles 7 and 8 of the Charter could prevent Article 8 from reaching its full potential.

scholarly journals GDPR: Is your consent valid?

2020 ◽  
Vol 37 (1) ◽  
pp. 19-24
Author(s):  
Stephen Breen ◽  
Karim Ouazzane ◽  
Preeti Patel
Keyword(s):  
Information Systems ◽  
Data Protection ◽  
Personal Data ◽  
Data Driven ◽  
Privacy Concerns ◽  
General Data Protection Regulation ◽  
Philosophical Background ◽  
General Data ◽  
Compliance With The Law ◽  
Point Of Departure

The General Data Protection Regulation (GDPR) 2018 imposes much greater demands on companies to address the rights of individuals who provide data, that is, Data Subjects. The new law requires a much more transparent approach to gaining consent to process personal data. However, few obvious changes to how consent is gained from Data Subjects to comply with this. Many companies are running the risk of non-compliance with the law if they fail to address how data are obtained and the lack of true consent which Data Subjects currently give to their data being processed. Consent is a complex philosophical principle which relies on the person giving the consent being in full possession of the facts, this article explores the philosophical background of consent and examines the circumstances which were the point of departure for the debate on consent and attempts to develop an understanding of it in the context of the growing influence of information systems and the data-driven economy. The GDPR has gone further than any other regulation or law to date in developing an understanding of consent to address personal data and privacy concerns.

The Background and the International and Domestic Impact of 'General Data Protection Regulation'

2014 ◽  
Vol 599-601 ◽  
pp. 2173-2177
Author(s):  
Zhi Le He ◽  
Dao Li Huang ◽  
Yun Ting Lei
Keyword(s):  
Data Protection ◽  
New Technology ◽  
Development Trend ◽  
Legal Framework ◽  
General Data Protection Regulation ◽  
The World ◽  
General Data ◽  
New Challenges ◽  
The Development Trend ◽  
Existing Data

With the development of globalization and new technology, it is difficult for the existing data protection framework of EU to adapt to the new challenges inbig data era. The European Commission sought to establish new legal framework to deal with challenges actively, so“General Data Protection Regulation“£ ̈GDPR£©was enacted in November2012. Analysis of GDPR background andthe overview of its impact to the world and Chinaare significant for the dialysis of the development trend of the contemporary data protection and the creation of a safe and reliable onlineenvironment.

scholarly journals Personal Data Protection in Russia

2020 ◽  
pp. 95-113
Author(s):  
Alexander Gurkov
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Special Role ◽  
State Control ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
General Data

AbstractThis chapter considers the legal framework of data protection in Russia. The adoption of the Yarovaya laws, data localization requirement, and enactment of sovereign Runet regulations allowing for isolation of the internet in Russia paint a grim representation of state control over data flows in Russia. Upon closer examination, it can be seen that the development of data protection in Russia follows many of the steps taken at the EU level, although some EU measures violated fundamental rights and were invalidated. Specific rules in this sphere in Russia are similar to the European General Data Protection Regulation. This chapter shows the special role of Roskomnadzor in forming data protection regulations by construing vaguely defined rules of legislation.

scholarly journals Criminal justice profiling and EU data protection law: precarious protection from predictive policing

2019 ◽  
Vol 15 (2) ◽  
pp. 162-176 ◽  
Author(s):  
Orla Lynskey
Keyword(s):  
Data Protection ◽  
Legal Framework ◽  
Predictive Policing ◽  
General Data Protection Regulation ◽  
Court Of Justice ◽  
Specific Assessment ◽  
General Data ◽  
Data Protection Law ◽  
Context Specific ◽  
The Eu

AbstractThis paper examines the application of the latest iterations of EU data protection law – in the General Data Protection Regulation, the Law Enforcement Directive and the jurisprudence of the Court of Justice of the EU – to the use of predictive policing technologies. It suggests that the protection offered by this legal framework to those impacted by predictive policing technologies is, at best, precarious. Whether predictive policing technologies fall within the scope of the data protection rules is uncertain, even in light of the expansive interpretation of these rules by the Court of Justice of the EU. Such a determination would require a context-specific assessment that individuals will be ill-placed to conduct. Moreover, even should the rules apply, the substantive protection offered by the prohibition against automated decision-making can be easily sidestepped and is subject to significant caveats. Again, this points to the conclusion that the protection offered by this framework may be more illusory than real. This being so, there are some fundamental questions to be answered – including the question of whether we should be building predictive policing technologies at all.

Surveillance of Electronic Communications in the Workplace and the Protection of Employees' Privacy

2017 ◽  
pp. 971-986
Author(s):  
Ioannis Inglezakis
Keyword(s):  
Information Systems ◽  
Information And Communication Technologies ◽  
Data Protection ◽  
Electronic Monitoring ◽  
Communication Technologies ◽  
Electronic Communications ◽  
General Data Protection Regulation ◽  
Surveillance Technology ◽  
Information And Communication ◽  
General Data

The use of Information and Communication Technologies in the workplace is constantly increasing, but also the use of surveillance technology. Electronic monitoring of employees becomes an integral part of information systems in the workplace. The specific software which is used for monitoring electronic communications is, however, intrusive and infringes upon the employees' right to privacy. The issue of surveillance of employees' electronic communications is subject to different approaches in various jurisdictions. The most comprehensive protection to employees is afforded in the EU, and it would be enhanced once the General Data Protection Regulation is passed.

Surveillance of Electronic Communications in the Workplace and the Protection of Employees' Privacy

2019 ◽  
pp. 659-674
Author(s):  
Ioannis Inglezakis
Keyword(s):  
Information Systems ◽  
Information And Communication Technologies ◽  
Data Protection ◽  
Electronic Monitoring ◽  
Communication Technologies ◽  
Electronic Communications ◽  
General Data Protection Regulation ◽  
Surveillance Technology ◽  
Information And Communication ◽  
General Data

The use of Information and Communication Technologies in the workplace is constantly increasing, but also the use of surveillance technology. Electronic monitoring of employees becomes an integral part of information systems in the workplace. The specific software which is used for monitoring electronic communications is, however, intrusive and infringes upon the employees' right to privacy. The issue of surveillance of employees' electronic communications is subject to different approaches in various jurisdictions. The most comprehensive protection to employees is afforded in the EU, and it would be enhanced once the General Data Protection Regulation is passed.

New Boundaries for the Right to Be Forgotten?

2020 ◽  
pp. 302-314
Author(s):  
Federica Casarosa ◽  
Dianora Poletti
Keyword(s):  
Supreme Court ◽  
Data Protection ◽  
Legal Framework ◽  
General Data Protection Regulation ◽  
National Courts ◽  
Right To Be Forgotten ◽  
The Supreme Court ◽  
General Data ◽  
Grand Chamber ◽  
The Right

The right to be forgotten has come to the forefront of the academic debate as a reaction to Court of Justice's decision in case C-507/17 Google LLC c. CNIL concerning the issue of geographical extension of the delisting obligation. Along with the development of CJEU jurisprudence, national courts have developed their own caselaw interpreting and adapting the right to be forgotten, now included in art 17 of the General Data Protection Regulation, to the pre-existing legal framework. Italian courts, and in particular the Italian Supreme Court, have addressed in several occasions the features and facets of the right to be forgotten, and the recent decision of the Grand Chamber (n. 19681, 22 July 2019) is the last though not the least. Starting form this decision, the chapter will analyse how the Supreme Court has attempted to systematise the right to be forgotten distinguishing what is called the traditional application of the right from the ones emerging in the digital context.

Sign in / Sign up

Export Citation Format

Share Document