scholarly journals Your Data Is My Data: A Framework for Addressing Interdependent Privacy Infringements

2019 ◽  
Vol 38 (4) ◽  
pp. 433-450 ◽  
Author(s):  
Bernadette Kamleitner ◽  
Vince Mitchell
Keyword(s):  
Data Protection ◽  
Privacy Protection ◽  
Personal Information ◽  
The European Union ◽  
Current Policy ◽  
General Data Protection Regulation ◽  
Major Threat ◽  
Fourth Class ◽  
General Data ◽  
Multiple Actors

Everyone holds personal information about others. Each person’s privacy thus critically depends on the interplay of multiple actors. In an age of technology integration, this interdependence of data protection is becoming a major threat to privacy. Yet current regulation focuses on the sharing of information between two parties rather than multiactor situations. This study highlights how current policy inadequacies, illustrated by the European Union General Data Protection Regulation, can be overcome by means of a deeper understanding of the phenomenon. Specifically, the authors introduce a new phenomenological framework to explain interdependent infringements. This framework builds on parallels between property and privacy and suggests that interdependent peer protection necessitates three hierarchical steps, “the 3Rs”: realize, recognize, and respect. In response to observed failures at these steps, the authors identify four classes of intervention that constitute a toolbox addressing what can be done by marketers, regulators, and privacy organizations. While the first three classes of interventions address issues arising from the corresponding 3Rs, the authors specifically advocate for a fourth class of interventions that proposes radical alternatives that shift the responsibilities for privacy protection away from consumers.

scholarly journals Has the GDPR hype affected users’ reaction to cookie disclaimers?

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Oksana Kulyk ◽  
Nina Gerber ◽  
Annika Hilt ◽  
Melanie Volkamer
Keyword(s):  
Data Protection ◽  
Media Coverage ◽  
Privacy Protection ◽  
Third Parties ◽  
Survey Study ◽  
Decision To Leave ◽  
General Data Protection Regulation ◽  
General Data ◽  
Negative Feelings

  For many years, cookies have been widely used by websites, storing information about users’ behaviour. While enabling additional functionality and potentially improving user experience, cookies can be a threat to users’ privacy, especially cookies used by third parties for data analysis. Websites providers are legally required to inform users about cookie use by displaying a so-called cookie disclaimer. We conducted a survey study in 2017 to investigate how users perceive this disclaimer and whether it affects their actual behaviour. We found that while most participants had negative feelings towards the disclaimer, the disclaimer text had no significant effect on their decision to leave the website. Since the extensive media coverage of data protection issues that accompanied the EU General Data Protection Regulation (GDPR) entry into force in May 2018 may have sensitized users to privacy protection, we conducted a follow-up study in December 2018. Our results suggest that users did not change their attitude towards cookie use in favour of privacy protection, but got even more accustomed to the use of cookies, also by third parties. Moreover, many users seem to have misconceptions regarding cookie use. We discuss the implications of our results for the users’ right to make an informed decision about their privacy.

scholarly journals Data Sharing Under the General Data Protection Regulation

Hypertension ◽  
2021 ◽  
Vol 77 (4) ◽  
pp. 1029-1035
Author(s):  
Antonia Vlahou ◽  
Dara Hallinan ◽  
Rolf Apweiler ◽  
Angel Argiles ◽  
Joachim Beige ◽  
...  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Research Approach ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Protection Legislation ◽  
General Data ◽  
Almost All

The General Data Protection Regulation (GDPR) became binding law in the European Union Member States in 2018, as a step toward harmonizing personal data protection legislation in the European Union. The Regulation governs almost all types of personal data processing, hence, also, those pertaining to biomedical research. The purpose of this article is to highlight the main practical issues related to data and biological sample sharing that biomedical researchers face regularly, and to specify how these are addressed in the context of GDPR, after consulting with ethics/legal experts. We identify areas in which clarifications of the GDPR are needed, particularly those related to consent requirements by study participants. Amendments should target the following: (1) restricting exceptions based on national laws and increasing harmonization, (2) confirming the concept of broad consent, and (3) defining a roadmap for secondary use of data. These changes will be achieved by acknowledged learned societies in the field taking the lead in preparing a document giving guidance for the optimal interpretation of the GDPR, which will be finalized following a period of commenting by a broad multistakeholder audience. In parallel, promoting engagement and education of the public in the relevant issues (such as different consent types or residual risk for re-identification), on both local/national and international levels, is considered critical for advancement. We hope that this article will open this broad discussion involving all major stakeholders, toward optimizing the GDPR and allowing a harmonized transnational research approach.

scholarly journals Location Privacy in the Wake of the GDPR

2019 ◽  
Author(s):  
Yola Georgiadou ◽  
Rolf de By ◽  
Ourania Kounadi
Keyword(s):  
Data Protection ◽  
Location Privacy ◽  
Cultural Theory ◽  
Personal Data ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Digital Ecosystem ◽  
Protection Legislation ◽  
General Data ◽  
Conducting Research

The General Data Protection Regulation (GDPR) protects the personal data of natural persons and at the same time allows the free movement of such data within the European Union (EU). Hailed as majestic by admirers and dismissed as protectionist by critics, the Regulation is expected to have a profound impact around the world, including in the African Union (AU). For European–African consortia conducting research that may affect the privacy of African citizens, the question is ‘how to protect personal data of data subjects while at the same time ensuring a just distribution of the benefits of a global digital ecosystem?’ We use location privacy as a point of departure, because information about an individual’s location is different from other kinds of personally identifiable information. We analyse privacy at two levels, individual and cultural. Our perspective is interdisciplinary: we draw from computer science to describe three scenarios of transformation of volunteered/observed information to inferred information about a natural person and from cultural theory to distinguish four privacy cultures emerging within the EU in the wake of GDPR. We highlight recent data protection legislation in the AU and discuss factors that may accelerate or inhibit the alignment of data protection legislation in the AU with the GDPR.

Analysis of the US Privacy Model

2021 ◽  
pp. 1818-1825
Author(s):  
Francisco García Martínez
Keyword(s):  
Data Privacy ◽  
Personal Information ◽  
National Level ◽  
The United States ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Privacy Laws ◽  
The Us ◽  
General Data ◽  
State Of Art

The creation of the General Data Protection Regulation (GDPR) constituted an enormous advance in data privacy, empowering the online consumers, who were doomed to the complete loss of control of their personal information. Although it may first seem that it only affects companies within the European Union, the regulation clearly states that every company who has businesses in the EU must be compliant with the GDPR. Other non-EU countries, like the United States, have seen the benefits of the GDPR and are already developing their own privacy laws. In this article, the most important updates introduced by the GDPR concerning US corporations will be discussed, as well as how American companies can become compliant with the regulation. Besides, a comparison between the GDPR and the state of art of privacy in the US will be presented, highlighting similarities and disparities at the national level and in states of particular interest.

The Second Internet: The Brussels Bourgeois Internet

2021 ◽  
pp. 77-91
Author(s):  
Kieron O’Hara
Keyword(s):  
European Union ◽  
Public Space ◽  
Data Protection ◽  
The European Union ◽  
Privacy Rights ◽  
General Data Protection Regulation ◽  
Internet Privacy ◽  
Data Protection Directive ◽  
General Data ◽  
Data Protection Law

This chapter describes the Brussels Bourgeois Internet. The ideal consists of positive, managed liberty where rights of others are respected, as in the bourgeois public space, where liberty follows only when rights are secured. The exemplar of this approach is the European Union, which uses administrative means, soft law, and regulation to project its vision across the Internet. Privacy and data protection have become the most emblematic struggles. Under the Data Protection Directive of 1995, the European Union developed data-protection law and numerous privacy rights, including a right to be forgotten, won in a case against Google Spain in 2014, the arguments about which are dissected. The General Data Protection Regulation (GDPR) followed in 2018, amplifying this approach. GDPR is having the effect of enforcing European data-protection law on international players (the ‘Brussels effect’), while the European Union over the years has developed unmatched expertise in data-protection law.

Analysis of the US Privacy Model

2019 ◽  
Vol 3 (1) ◽  
pp. 43-52
Author(s):  
Francisco García Martínez
Keyword(s):  
Data Privacy ◽  
Personal Information ◽  
National Level ◽  
The United States ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Privacy Laws ◽  
The Us ◽  
General Data ◽  
The Eu

The creation of the General Data Protection Regulation (GDPR) constituted an enormous advance in data privacy, empowering the online consumers, who were doomed to the complete loss of control of their personal information. Although it may first seem that it only affects companies within the European Union, the regulation clearly states that every company who has businesses in the EU must be compliant with the GDPR. Other non-EU countries, like the United States, have seen the benefits of the GDPR and are already developing their own privacy laws. In this article, the most important updates introduced by the GDPR concerning US corporations will be discussed, as well as how American companies can become compliant with the regulation. Besides, a comparison between the GDPR and the state of art of privacy in the US will be presented, highlighting similarities and disparities at the national level and in states of particular interest.

scholarly journals GDPR implementation as the main reason for the regional fragmentation in the online mediasphere

2021 ◽  
Vol 273 ◽  
pp. 08099
Author(s):  
Mikhail Smolenskiy ◽  
Nikolay Levshin
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Main Role ◽  
The European Union ◽  
Protection Measures ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Usa ◽  
General Data

The EU’s General Data Protection Regulation (GDPR) applies not only to the territory of the European Union, but also to all information systems containing data of EU’s citizens around the world. Misusing or carelessly handling personal data bring fines of up to 20 million euros or 4% of the annual turnover of the offending company. This article analyzes the main trends in the global implementation of the GDPR. Authors considered and analyzed results of personal data protection measures in nineteen regions: The USA, Canada, China, France, Germany, India, Kazakhstan, Nigeria, Russia, South Korea and Thailand, as well as the European Union and a handful of other. This allowed identifying a direct pattern between the global tightening of EU’s citizens personal data protection and the fragmentation of the global mediasphere into separate national segments. As a result of the study, the authors conclude that GDPR has finally slowed down the globalization of the online mediasphere, playing a main role in its regional fragmentation.

scholarly journals Credit-Based Insurance Scores: some Observations in the Light of the European General Data Protection Regulation

2020 ◽  
pp. 155-186
Author(s):  
María Dolores Mas Badia
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Insurance Companies ◽  
The European Union ◽  
History Data ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Credit History ◽  
Automated Processing ◽  
General Data

Despite the differences between credit risk and insurance risk, in many countries large insurance companies include credit history amongst the information to be taken into account when assigning consumers to risk pools and deciding whether or not to offer them an auto or homeowner insurance policy, or to determine the premium that they should pay. In this study, I will try to establish some conclusions concerning the requirements and limits that the use of credit history data by insurers in the European Union should be subject to. In order to do this, I shall focus my attention primarily on Regulation (EU) 2016/679. This regulation, that came into force on 24 May 2018, not only forms the backbone of personal data protection in the EU, but is also set to become a model for regulation beyond the borders of the Union. This article will concentrate on two main aspects: the lawful basis for the processing of credit history data by insurers, and the rules that should apply to decisions based solely on automated processing, including profiling.Received: 30 December 2019Accepted: 07 February 2020Published online: 02 April 2020

scholarly journals OpenEHR and General Data Protection Regulation: Evaluation of Principles and Requirements (Preprint)

2018 ◽  
Author(s):  
Duarte Gonçalves-Ferreira ◽  
Mariana Sousa ◽  
Gustavo M Bacelar-Silva ◽  
Samuel Frade ◽  
Luís Filipe Antunes ◽  
...  
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Design Principles ◽  
Security And Privacy ◽  
The European Union ◽  
Health Records ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
General Data ◽  
The Common

BACKGROUND Concerns about privacy and personal data protection resulted in reforms of the existing legislation in the European Union (EU). The General Data Protection Regulation (GDPR) aims to reform the existing directive on the topic of personal data protection of EU citizens with a strong emphasis on more control of the citizens over their data and in the establishment of rules for the processing of personal data. OpenEHR is a standard that embodies many principles of interoperable and secure software for electronic health records (EHRs) and has been advocated as the best approach for the development of hospital information systems. OBJECTIVE This study aimed to understand to what extent the openEHR standard can help in the compliance of EHR systems to the GDPR requirements. METHODS A list of requirements for an EHR to support GDPR compliance and also a list of the openEHR design principles were made. The requirements were categorized and compared with the principles by experts on openEHR and GDPR. RESULTS A total of 50 GDPR requirements and 8 openEHR design principles were identified. The openEHR principles conformed to 30% (15/50) of GDPR requirements. All the openEHR principles were aligned with GDPR requirements. CONCLUSIONS This study showed that the openEHR principles conform well to GDPR, underlining the common wisdom that truly realizing security and privacy requires it to be built in from the start. By using an openEHR-based EHR, the institutions are closer to becoming compliant with GDPR while safeguarding the medical data.

scholarly journals Apply or not to apply?

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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