Westbury House: a case study in data protection law

2019 ◽  
Vol 21 (8) ◽  
pp. 463-465
Author(s):  
Jeanette Burgess ◽  
Christian Brundell
Keyword(s):  
Data Protection ◽  
Care Institution ◽  
Data Protection Law

Even though it has been over a year since the GDPR data-protection law came into force, not every care institution seems to comply. Jeanette Burgess and Christian Brundell explain the regulation and the consequences of non-compliance.

scholarly journals Insight or Intrusion? Correlating Routinely Collected Employee Data with Health Risk

2019 ◽  
Vol 8 (10) ◽  
pp. 291 ◽  
Author(s):  
Taylor ◽  
Prictor
Keyword(s):  
Data Protection ◽  
Health And Safety ◽  
Employee Health ◽  
Workplace Health ◽  
Complex Picture ◽  
Protection Legislation ◽  
Data Protection Law ◽  
English Law ◽  
Employee Data

The volume, variety and velocity of data available to companies about their employees is already significant and likely to increase. Employers hold data about employees that could be used to explore the relationship between workplace practice in their organisation and risks to employee health. However, there is significant uncertainty about whether employers subject to English law are permitted to use this data for this purpose, and even whether they may be under a legal obligation to do so. In this article, the question of whether employers are legally permitted or legally obliged to use employee data to identify associations between workplace practice and risk to employee health is answered through an analysis of two spheres of English Law: data protection law, and health and safety law. The authors establish a hypothetical case study concerning a company that wishes to use employee data in this way, to illuminate a set of detailed legal issues. In particular, the question of whether a reasonable and prudent employer is under an obligation under health and safety law to use the data and analytic tools at his or her disposal to assess risk and inform his or her actions is considered. Also addressed is the question of whether such processing would satisfy the data protection law principles of “lawful, fair, and transparent” processing and that of “purpose limitation”. A complex picture emerges. The analysis reveals that data protection legislation may not support a trend towards the re-use of employee data to enhance workplace health and safety; nor is there currently a clear mandate that responsible employers use data in this way. The line between useful insight into workplace practices and intrusion into employees’ privacy remains blurred.

Dubai and Barcelona as Smart Cities: Some Reflections on Data Protection Law and Privacy

2021 ◽  
pp. 1-5
Author(s):  
Radwan Eskhita ◽  
Vijaya Kittu Manda ◽  
Arbia Hlali
Keyword(s):  
Data Protection ◽  
Smart City ◽  
Smart Cities ◽  
Descriptive Analysis ◽  
Personal Data ◽  
Huge Amount ◽  
Shared Data ◽  
Data Protection Law

This study introduces a descriptive analysis to carry out the transformation of the Dubai smart city as a case study in the GCC region with reference to the Barcelona smart city. Furthermore, to investigate how the Dubai smart city will deal with the huge amount of the collected personal data through Internet of Things devices and applications. The theoretical analysis shows that the Barcelona smart city can be represented as an effective model, its innovations recommends to be used in Dubai smart city. The analysis founds that the classification of the collected data inside smart city to open and shared data did not provide sufficient privacy for personal data. Therefore, the personal data should be classified explicitly in order to be processed separately under the rules of the data protection law.

scholarly journals Explainable AI under contract and tort law: legal incentives and technical challenges

2020 ◽  
Vol 28 (4) ◽  
pp. 415-439 ◽  
Author(s):  
Philipp Hacker ◽  
Ralf Krestel ◽  
Stefan Grundmann ◽  
Felix Naumann
Keyword(s):  
Machine Learning ◽  
Data Protection ◽  
Tort Law ◽  
Tort Liability ◽  
Trade Off ◽  
Legal Case ◽  
Explainable Ai ◽  
Machine Learning Applications ◽  
Data Protection Law

Abstract This paper shows that the law, in subtle ways, may set hitherto unrecognized incentives for the adoption of explainable machine learning applications. In doing so, we make two novel contributions. First, on the legal side, we show that to avoid liability, professional actors, such as doctors and managers, may soon be legally compelled to use explainable ML models. We argue that the importance of explainability reaches far beyond data protection law, and crucially influences questions of contractual and tort liability for the use of ML models. To this effect, we conduct two legal case studies, in medical and corporate merger applications of ML. As a second contribution, we discuss the (legally required) trade-off between accuracy and explainability and demonstrate the effect in a technical case study in the context of spam classification.

scholarly journals The Interaction of EU Competition, Consumer, and Data Protection Law in the Digital Economy: The Regulatory Dilemma in the Facebook Odyssey*

2019 ◽  
Vol 64 (3) ◽  
pp. 428-446 ◽  
Author(s):  
Marco Botta ◽  
Klaus Wiedemann
Keyword(s):  
Data Protection ◽  
Competition Law ◽  
Digital Economy ◽  
Market Failures ◽  
Digital Platform ◽  
Italian Case ◽  
Data Protection Law ◽  
Abuse Of Dominance ◽  
Regulatory Intervention

This article analyzes the interaction of EU competition, consumer and data protection law in the digital economy. We compare the objectives, rules and enforcement structures of these legal regimes, and we discuss market failures that justify regulatory intervention in digital markets. In particular, the Facebook investigations in Germany and Italy are selected as a case study. The Bundeskartellamt’s investigations are remarkable, being the first in which an exploitative abuse of dominance involving a digital platform has been decided under competition law. These we compare with their Italian counterpart, where the AGCM has recently sanctioned Facebook for behavior similar to that investigated in Germany. Yet, the Italian case has been decided under consumer, rather than competition law. This shows the regulatory dilemma faced by European antitrust authorities, which are currently struggling to find a solution to the market failures arising in digital markets.

Importance of Personal Data Protection Law for Commercial Air Transport

2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura
Keyword(s):  
Data Protection ◽  
Public Information ◽  
Personal Data ◽  
Air Transport ◽  
Civil Aviation ◽  
Aviation Industry ◽  
Personal Data Protection ◽  
It Systems ◽  
Data Protection Law ◽  
The Law

Abstract In the review below the author presents a general overview of the selected contemporary legal issues related to the present growth of the aviation industry and the development of aviation technologies. The review is focused on the questions at the intersection of aviation law and personal data protection law. Massive processing of passenger data (Passenger Name Record, PNR) in IT systems is a daily activity for the contemporary aviation industry. Simultaneously, since the mid- 1990s we can observe the rapid growth of personal data protection law as a very new branch of the law. The importance of this new branch of the law for the aviation industry is however still questionable and unclear. This article includes the summary of the author’s own research conducted between 2011 and 2017, in particular his audits in LOT Polish Airlines (June 2011-April 2013) and Lublin Airport (July - September 2013) and the author’s analyses of public information shared by International Civil Aviation Organization (ICAO), International Air Transport Association (IATA), Association of European Airlines (AEA), Civil Aviation Authority (ULC) and (GIODO). The purpose of the author’s research was to determine the applicability of the implementation of technical and organizational measures established by personal data protection law in aviation industry entities.

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