Reflections on the Use of Data and Bodily Material of Deceased Persons for Medical Research Under Belgian, Dutch and English Law

2014 ◽  
Vol 1 (2) ◽  
pp. 120-129
Author(s):  
Jeanne Pia Mifsud Bonnici
Keyword(s):  
Medical Research ◽  
Data Protection ◽  
Medical Information ◽  
Private Life ◽  
Legal Certainty ◽  
Medical Confidentiality ◽  
Present Volume ◽  
Use Of Data ◽  
The Right ◽  
The Way

This paper provides a brief comparative comment on the three contributions of van der Hart-Zwart, Boddez & Nys, and Choong & Mifsud Bonnici included in the present volume. The three contributions reflect on the use of medical information and/or human bodily material obtained before or after death and used for medical research purposes after the death. The present reflective note first looks at the legal shortcomings pointed out in the three contributions, primarily the lack of clarity on whether medical confidentiality survives after death, the non-applicability of the right to private life and data protection after death and the incomplete rules on the use of bodily material of deceased persons for medical purposes. The paper then gradually reflects on the way the three jurisdictions combine attempts at legal certainty and pragmatism to deal with these shortcomings.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

A FUTURE FORETASTE: SHIPBUILDING INDUSTRIAL TENDENCIES

2021 ◽  
Vol 162 (A4) ◽  
Author(s):  
R Pérez Fernandez ◽  
E Péter Cosma
Keyword(s):  
Radio Frequency Identification ◽  
Computer Aided Design ◽  
Mixed Reality ◽  
Cad Tools ◽  
Use Of Data ◽  
Complete Life Cycle ◽  
The Future ◽  
The Right ◽  
Aided Design ◽  
The Way

We are living a continuous and fast technology evolution, maybe this evolution goes faster than our capacity to assimilate what we can do with it, but the potential is clear and the future will be for those who identifies the right technology with the right application. The way we work with Computer Aided Design (CAD) tools is also changing thanks to the ubiquitous access to information and the different hardware available to exploit that information: Augmented Reality, Virtual Reality or Mixed Reality. Not only the way we work, but also the way we interact with CAD tools is changing, with technologies like natural language processes that allows direct conversation with the applications. The concepts that are absolutely clear from now to the future in shipbuilding are the use of Data Centric models and the concept of Digital Twin. Both provide a real and effective synchronization between what we design and what we construct, by covering the complete life cycle of the product, thanks to technologies like the Internet of Things (IoT) and Radio Frequency IDentification (RFID). Nowadays it is unimaginable to work without using CAD in shipbuilding: ease of design with design rules embedded, speed of design, and the use and reuse of information. It is expected that in the future CAD tools will advance further and allow greater information management through further improvements. The paper presents several scenarios with improvements likely to occur the next few years. Some of these improvements may seem unrealistic in the short term, but reality often exceeds expectations in any field, and probably more so with technology.

6. Medical Confidentiality

2019 ◽  
pp. 162-200
Author(s):  
G. T. Laurie ◽  
S. H. E. Harmon ◽  
E. S. Dove
Keyword(s):  
Medical Research ◽  
Data Protection ◽  
Medical Records ◽  
Legal Aspects ◽  
Patient Access ◽  
Legal Process ◽  
Medical Confidentiality ◽  
Data Protection Law ◽  
The Relationship

This chapter discusses ethical and legal aspects of medical confidentiality. It covers the relationship between confidentiality and data protection law; the possible exceptions to the confidentiality rule; confidentiality and the legal process; confidentiality for the purposes of medical research; patient access to medical records; remedies for breach of confidentiality; and confidentiality and death.

PRACTICAL GUIDE FOR ADOPTING INDUSTRY 4.0 IN CAD SYSTEMS

2019 ◽  
Author(s):  
J.A Muñoz ◽  
R. Pérez Fernández
Keyword(s):  
Rapid Evolution ◽  
Ship Design ◽  
Use Of Data ◽  
Complete Life Cycle ◽  
Cad Cam ◽  
The Right ◽  
Technological World ◽  
Cloud Applications ◽  
Near Future ◽  
The Way

Technologies are evolving faster than our ability to assimilate what we can do with them, but the potential is clear and the opportunity will be for those who identifies the right application of each technology. In the information era, we are literally swimming in an ocean of structured and not structured data and thanks to the evolution in the communications technologies, all that data are available everywhere for everyone. But data is not information. It is necessary to have the capability to analyse, extract conclusions and learn from it. Technologies as Big Data (BD) and the Artificial Intelligence (AI) are crucial for this purpose, but the intention of the treatment matters. Imagine how these technologies shall allow to engage the ship design by applying rules which will facilitate the design significantly, how the integration of the validation of the structural models by the Classification Societies will be linked directly by cloud applications. Imagine all the benefits of this two simple examples that can be implemented thanks to the potential of these technologies. The concepts that are absolutely clear from now to the future in shipbuilding is the use of Data Centric model and the concept of Digital Twin, a real and effective synchronization between what we design, what we construct, by covering the complete life cycle of the product thanks to technologies like IoT. It is important to understand how the new generations are immersed in a technological world in constant and rapid evolution. The way they interacts with this ecosystem will determine the way we should define the new rules of the CAD/CAM/CIM Systems. This paper examines different selected solutions describing practical use cases in ship design phase as an example of what IoT, BD or AI will represent for ship design and shipbuilding in the near future.

The Choice of Child Delivery Is a European Human Right

2012 ◽  
Vol 19 (3) ◽  
pp. 257-269 ◽  
Author(s):  
M. Eggermont
Keyword(s):  
Institutional Environment ◽  
Private Life ◽  
Legal Certainty ◽  
Personal Choice ◽  
Human Right ◽  
Member States ◽  
European Court ◽  
The Uk ◽  
The Right ◽  
Made In

Abstract In a judgment of 14 December 2010, in the case of Madam Ternovszky v. Hungary, the European Court of Human Rights has considered that a State should provide an adequate regulatory scheme concerning the right to choose in matters of child delivery (at home or in a hospital). In the context of homebirth, regarded as a matter of personal choice of the mother, this implies that the mother is entitled to a legal and institutional environment that enables her choice. This contribution stresses in which sense the regulatory schemes in the Member States Belgium, Germany, the Netherlands, France and the UK concerning the choice of child delivery are in accordance with Article 8 ECHR, the right to respect for the private life. Do the Member States provide the legal certainty to a mother that the midwife can legally assist a homebirth? Or are restrictions made in interests of public health?

scholarly journals PROSES PENDAFTARAN TANAH (AJUDIKASI) PADA KANTOR PERTANAHAN DI TINJAU DARI PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH

2018 ◽  
Vol 6 (2) ◽  
pp. 189 ◽  
Author(s):  
Yusman Yusman
Keyword(s):  
Strong Evidence ◽  
Legal Certainty ◽  
Land Registration ◽  
Inhibiting Factors ◽  
The Right ◽  
First Time ◽  
The Way

Pendaftaran tanah pertama kali dilakukan secara sporadik dan secarasistematik. Pendaftaran tanah bertujuan untuk menjamin dan memberikankepastian hukum terhadap pemilik tanah. Fenomena yang terjadi pada praktekpendaftaran tanah menimbulkan permasalahan bagi pemilik tanah yang akanmelakukan pendaftaran tanah. Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah Yang dapat dilaksanakan secara sporadik dan secara sistematik memberikan solusi kepada masyarakat untuk dapat menentukan salah satu pilihannya terhadap 2 jenis pendaftaran tanah tersebut.Dalam hal ini diharapkan pemilik tanah dapat memiliki bukti yang kuat terhadapkepemilikan tanahnya. Tujuan dari penelitian ini adalah untuk mengetahui tentang pelaksanaan pendaftaran tanah pertama kali secara sporadik dan cara masyarakat melakukan pendaftaran tanah pertama kali secara sporadik serta untuk mengetahui faktor faktor pendukung dan penghambat dalam pelaksanaan pendaftaran tanah, pelaksanaan pendaftaran tanah pertama kali secara sporadik dapat diajukan oleh pemegang haknya ataupun melalui kuasanya ke Kantor Pertanahan. Sedangkan cara masyarakat dalam melakukan pendaftaran tanah dilakukan secara sporadik dan sistematik. Bagi masyarakatyang melakukan pendaftaran tanah secara sporadik dapat dilakukan secara langsung oleh pemilik tanahnya ataupun melalui Kantor PPAT. Kata Kunci : Pendaftaran Tanah, Panitia.  AbstractLand registration is first done sporadically and systematically. Land registration aims to guarantee and provide legal certainty to landowners. The phenomenon that occurs in the practice of land registration causes problems for landowners who will carry out land registration.Government Regulation Number 24 of 1997 concerning Land Registration that can be carried out sporadically and systematically provides solutions to the community to be able to determine one of the options for the two types of land registration. In this case it is expected that landowners can have strong evidence against ownership of the land.The purpose of this research is to find out about the implementation of sporadic land registration for the first time and the way the community first registers land sporadically and to find out the supporting and inhibiting factors in the implementation of land registration, the first sporadic land registration can be submitted by the right holder or through their attorney to the Land Office. Whereas the community's way of registering land is done sporadically and systematically. For people who do sporadic land registration can be done directly by the land owner or through the PPAT Office. Keywords : Land Registration, Committe

Bridge Is Down, Data Truck Can’t Get Through …

2017 ◽  
Author(s):  
Oreste Pollicino ◽  
Marco Bassini
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
The European Union ◽  
Technological Environment ◽  
Court Of Justice ◽  
The Us ◽  
Charter Of Fundamental Rights ◽  
The Right

The decision of the Court of Justice in Schrems follows the Digital Rights Ireland and Google Spain stances in the Court process of revisiting the data protection framework in Europe in light of the Charter of Fundamental Rights of the European Union. Through the invalidation of Decision 2000/520/EC of the Commission on the adequacy of the US safe harbor principles, the Court of Justice has relied on a very extensive interpretation of the right to private life and data protection. As in the former decisions that have let emerge the existence of a new digital right to privacy, this judgment mirrors some degree of manipulation by the Court of Justice, justified by the goal of protecting as much as possible personal data in the new technological environment.

scholarly journals The Right Not to Know: some Steps towards a Compromise

2020 ◽  
Author(s):  
Ben Davies ◽  
Julian Savulescu
Keyword(s):  
Medical Information ◽  
Ongoing Debate ◽  
Right Not To Know ◽  
The Right ◽  
The Way

Abstract There is an ongoing debate in medicine about whether patients have a ‘right not to know’ pertinent medical information, such as diagnoses of life-altering diseases. While this debate has employed various ethical concepts, probably the most widely-used by both defenders and detractors of the right is autonomy. Whereas defenders of the right not to know typically employ a ‘liberty’ conception of autonomy, according to which to be autonomous involves doing what one wants to do, opponents of the right not to know often employ a ‘duty’ understanding, viewing autonomy as involving an obligation to be self-governing. The central contribution of this paper is in showing that neither view of autonomy can reasonably be said to support the extreme stances on the right not to know that they are sometimes taken to. That is, neither can a liberty view properly defend a right not to know without limits, nor can a duty view form the basis of an absolute rejection of the right not to know. While there is still theoretical distance between these two approaches, we conclude that the views are considerably closer on this issue than they first appear, opening the way for a possible compromise.

scholarly journals Achieving GDPR Compliance through Provenance: An Extended Model

2020 ◽  
Author(s):  
Daniel Prett Campagna ◽  
Altigran Soares Da Silva ◽  
Vanessa Braganholo
Keyword(s):  
Digital Media ◽  
Data Protection ◽  
Design Patterns ◽  
Data Provenance ◽  
Extended Model ◽  
General Data Protection Regulation ◽  
Use Of Data ◽  
General Data ◽  
Technical Challenges ◽  
The Way

The approval of the General Data Protection Regulation (GDPR) brought a revolution in the way we treat data produced in digital media. The GDPR increases individuals’ participation in the treatment of their data, and it also introduces technical challenges, whose failure can lead to a fine of 4% of the organization’s annual revenue. Among many approaches that aim to contribute to the solutions of challenges introduced by GDPR, there is a research branch promoting the use of data provenance as a means to make transparent the increasingly complex workflows of systems. However, existing provenance models are not fully compliant with the GDPR. In this paper, we aim to contribute to the evolution of the GDPR data provenance model proposed by Ujcich et al.. We suggest eleven new changes that make the model more apparent and more compatible with the GDPR text. We also present two design patterns that should guide us in using these changes in real contexts.

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