General Data Protection Regulation, Fundamental Rights and Private International Law

2021 ◽  
pp. 113-125
Keyword(s):  
International Law ◽  
Data Protection ◽  
Fundamental Rights ◽  
Private International Law ◽  
General Data Protection Regulation ◽  
General Data

Conflicts of Law in Privacy, Data Protection, and Defamation Disputes: German and English Law

2021 ◽  
pp. 369-405
Author(s):  
Julia Hörnle
Keyword(s):  
International Law ◽  
Data Protection ◽  
Conflicts Of Interest ◽  
Private International Law ◽  
Internet Communication ◽  
General Data Protection Regulation ◽  
Applicable Law ◽  
Personality Rights ◽  
General Data ◽  
Brussels Regulation

Chapter 11 provides a critical analysis of private international law with regard to disputes based on torts between private parties arising from infringements of privacy and data protection rights, and defamation, committed by internet communication. This is a fast-developing and changing area. It compares the private international law rules in Germany and England. The proceedings examined in this chapter are civil litigation, as opposed to judicial review of administrative action (Chapter 7). The chapter covers the harmonized rules under the Brussels Regulation and, in particular, the jurisprudence in respect of the mosaic rule established in Shevill and the rules on civil jurisdiction in the General Data Protection Regulation (GDPR). Additionally, where the Brussels Regulation does not apply, it examines in detail the national rules of jurisdiction in Germany and England, in particular the “conflicts of interest” test in Germany, and, for defamation cases in England, the new test on the most appropriate place under the Defamation Act 2013. Since the rules on applicable law for privacy, defamation, and other personality rights cases are not harmonized in the Rome II Regulation, national law prevails. The rules in Germany and England are analysed—contrasting and comparing the approaches in internet cases. It unravels the extraordinarily complicated and twisted knot of jurisdiction and applicable law in the area of personality rights infringements online and brings some clarity to this area. It concludes with some robust suggestions for improving the rules on jurisdiction and applicable law to provide a better balance of conflicting interests.

scholarly journals The GDPR as Global Data Protection Regulation?

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 5-9 ◽  
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.

Enhancing Compliance under the General Data Protection Regulation: The Risky Upshot of the Accountability- and Risk-based Approach

2018 ◽  
Vol 9 (3) ◽  
pp. 502-526 ◽  
Author(s):  
Claudia QUELLE
Keyword(s):  
Data Protection ◽  
Fundamental Rights ◽  
New Approach ◽  
General Data Protection Regulation ◽  
Legal Norms ◽  
Improve Compliance ◽  
Rules And Principles ◽  
General Data ◽  
Data Protection Law ◽  
Fundamental Rights And Freedoms

The risk-based approach has been introduced to the General Data Protection Regulation (GDPR) to make the rules and principles of data protection law “work better”. Organisations are required to calibrate the legal norms in the GDPR with an eye to the risks posed to the rights and freedoms of individuals. This article is devoted to an analysis of the way in which this new approach relates to “tick-box” compliance. How can the law enhance itself? If handled properly by controllers and supervisory authorities, the risk-based approach can bring about a valuable shift in data protection towards substantive protection of fundamental rights and freedoms. While the risk-based approach has a lot of potential, it also has a risk of its own: it relies on controllers to improve compliance, formulating what it means to attain compliance 2.0.

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.

International Organizations and the EU General Data Protection Regulation

2019 ◽  
Vol 16 (1) ◽  
pp. 158-191 ◽  
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.

Introducing Key Elements Regarding Access to Personal Data for Scientific Research in the Perspective of Developing Innovative Medicines

2020 ◽  
Vol 27 (3) ◽  
pp. 195-212
Author(s):  
Jean Herveg ◽  
Annagrazia Altavilla
Keyword(s):  
Data Protection ◽  
Open Data ◽  
Scientific Research ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
Future Research ◽  
General Data Protection Regulation ◽  
Public Sector Information ◽  
General Data

Abstract This article aims at opening discussions and promoting future research about key elements that should be taken into account when considering new ways to organise access to personal data for scientific research in the perspective of developing innovative medicines. It provides an overview of these key elements: the different ways of accessing data, the theory of the essential facilities, the Regulation on the Free Flow of Non-personal Data, the Directive on Open Data and the re-use of public sector information, and the General Data Protection Regulation (GDPR) rules on accessing personal data for scientific research. In the perspective of fostering research, promoting innovative medicines, and having all the raw data centralised in big databases localised in Europe, we suggest to further investigate the possibility to find acceptable and balanced solutions with complete respect of fundamental rights, as well as for private life and data protection.

Das intelligente Energiesystem der Zukunft

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.

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 EXTRATERRITORIAL APPLICATION OF THE EU GENERAL DATA PROTECTION REGULATION: AN INTERNATIONAL LAW PERSPECTIVE

2021 ◽  
Vol 28 (2) ◽  
pp. 531-565
Author(s):  
Md. Toriqul Islam ◽  
Mohammad Ershadul Karim
Keyword(s):  
International Law ◽  
Data Protection ◽  
Personal Data ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Foreign Companies ◽  
General Data ◽  
Business Entities ◽  
Data Controller ◽  
The Eu

The General Data Protection Regulation (the GDPR) of the European Union (EU) emerges as a hot-button issue in contemporary global politics, policies, and business. Based on an omnibus legal substance, extensive extraterritorial scope and influential market powers, it appears as a standard for global data protection regulations as can be witnessed by the growing tendency of adopting, or adjusting relevant national laws following the instrument across the globe. Under Article 3, of the GDPR applies against any data controller or processor within and outside the EU, who process the personal data of EU residents. Therefore, the long arm of the GDPR is extended to cover the whole world, including Malaysia. This gives rise to tension worldwide, as non-compliance thereof leads to severe fines of up to €20 million or 4% of annual turnover. This is not a hypothetical possibility, rather a reality, as a huge amount of fines are already imposed on many foreign companies, such as Google, Facebook, Uber, and Equifax to name a few. Such a scenario, due to the existence of state sovereignty principles under international law, has made the researchers around the world curious about some questions, why does the EU adopt an instrument having the extraterritorial application; whether the extraterritorial scope is legitimate under normative international law; how the provisions of this instrument can be enforced, and how these are justified. This article attempts to search for answers to those questions by analyzing the relevant rules and norms of international law and the techniques of the EU employed. The article concludes with the findings that the extraterritorial scope of the GDPR is justified under international law in a changed global context. The findings of this article will enlighten the relevant stakeholders, including Malaysian policymakers and business entities, to realise the theoretical aspects of inclusion of the extraterritorial feature of the GDPR, and this understanding may facilitate them to map their future strategies.

scholarly journals Judicial Jurisdiction over Internet Privacy Violations and the GDPR: a Case of ''Privacy Tourism''?

2017 ◽  
Vol 11 (1) ◽  
pp. 7-38 ◽  
Author(s):  
Ioannis Revolidis
Keyword(s):  
International Law ◽  
Data Protection ◽  
Online Privacy ◽  
Current Status ◽  
Private International Law ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Internet Privacy ◽  
Relationship Of ◽  
The Impact

This paper discusses the impact of art. 79(2) of the General Data Protection Regulation (GDPR) in international litigation over online privacy violations. The first part introduces the tendency of the European legislator to treat private international law problems in the field of data protection as isolated and independent from the traditional secondary private international law acts. The second part analyses the current status quo of international jurisdiction over online privacy violations according to Regulation 1215/2012. After briefly examining the eDate and Martinez ruling (joined cases C-509/09 and C-161/10), it concludes that the Court of Justice of the European Union has stretched the jurisdictional grounds of art. 7(2) Regulation 1215/2012 too far in order to afford strong protection to data subjects. In that sense, it raises doubts on whether art. 79(2) was necessary. Following this conclusion, it tries to explore the uneasy relationship of GDPR art. 79(2) with the jurisdictional regime established under Regulation 1215/2012. Instead of an epilogue, the last part tries to make some reflections on the impact of GDPR art. 79(2) in privacy litigation cases involving non-EU parties.

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