The Data Privacy Law of Brexit: Theories of Preference Change

2021 ◽  
Vol 22 (2) ◽  
pp. 111-152
Author(s):  
Paul M. Schwartz
Keyword(s):  
Data Protection ◽  
Data Privacy ◽  
Preference Change ◽  
General Data Protection Regulation ◽  
Privacy Law ◽  
The United Kingdom ◽  
General Data ◽  
Different Dimensions ◽  
The Uk ◽  
Domestic Law

Abstract Upon Brexit, the United Kingdom chose to follow the path of EU data protection and remain tied to the requirements of the General Data Protection Regulation (GDPR). It even enacted the GDPR into its domestic law. This Article evaluates five models relating to preference change, demonstrating how they identify different dimensions of Brexit while providing a rich explanation of why a legal system may or may not reject an established transnational legal order. While market forces and a “Brussels Effect” played the most significant role in the decision of the UK government to accept the GDPR, important nonmarket factors were also present in this choice. This Article’s models of preference change are also useful in thinking about the likely extent of the UK’s future divergence from EU data protection.

A Layered Approach to Jurisdiction

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
Data Protection ◽  
Data Privacy ◽  
General Data Protection Regulation ◽  
Legal Rules ◽  
Privacy Laws ◽  
Scope Of Application ◽  
General Data ◽  
Layered Approach ◽  
Substantive Law

This chapter observes how it may be inappropriate to apply a single jurisdictional threshold to diverse instruments such as data privacy laws. In the light of this observation, a proposal is outlined for a ‘layered approach’ under which the substantive law rules of such instruments are broken up into different layers, with different jurisdictional thresholds applied to each such layer. This layered approach is discussed primarily as a technique to be utilized in legal drafting, but it may also be applied in the interpretation and application of legal rules. Article 3 of the European Union’s General Data Protection Regulation, which determines that regulation’s scope of application in a territorial sense, provides a particularly useful lens through which to approach this topic and, thus, the discussion is largely centred around that Article.

scholarly journals Delegation-Based Personal Data Processing Request Notarization Framework for GDPR Based on Private Blockchain

2021 ◽  
Vol 11 (22) ◽  
pp. 10574
Author(s):  
Sung-Soo Jung ◽  
Sang-Joon Lee ◽  
Ieck-Chae Euom
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Data Privacy ◽  
Personal Data ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Compliance Audit ◽  
General Data ◽  
Data Controller ◽  
Data Subject

With the growing awareness regarding the importance of personal data protection, many countries have established laws and regulations to ensure data privacy and are supervising managements to comply with them. Although various studies have suggested compliance methods of the general data protection regulation (GDPR) for personal data, no method exists that can ensure the reliability and integrity of the personal data processing request records of a data subject to enable its utilization as a GDPR compliance audit proof for an auditor. In this paper, we propose a delegation-based personal data processing request notarization framework for GDPR using a private blockchain. The proposed notarization framework allows the data subject to delegate requests to process of personal data; the framework makes the requests to the data controller, which performs the processing. The generated data processing request and processing result data are stored in the blockchain ledger and notarized via a trusted institution of the blockchain network. The Hypderledger Fabric implementation of the framework demonstrates the fulfillment of system requirements and feasibility of implementing a GDPR compliance audit for the processing of personal data. The analysis results with comparisons among the related works indicate that the proposed framework provides better reliability and feasibility for the GDPR audit of personal data processing request than extant methods.

Do We Need Data Protection at All?

2021 ◽  
pp. 91-128
Author(s):  
Dara Hallinan
Keyword(s):  
Data Protection ◽  
Thought Experiment ◽  
Legal Systems ◽  
Genetic Privacy ◽  
General Data Protection Regulation ◽  
European Data ◽  
Viable Solution ◽  
General Data ◽  
Data Protection Law ◽  
The Uk

This chapter assesses whether there is any need to consider European data protection law as a framework for the protection of genetic privacy in biobanking in Europe at all. To answer the question, the chapter conducts a thought experiment and examines what the standard of protection in Europe would look like if one were to exclude data protection law from consideration. This is merely a thought experiment, as data protection already plays, and will continue to play, a significant role in the protection of genetic privacy in biobanking in Europe. The exercise is enlightening, however, in showing the extent of flaws in protection in European legal systems stripped of data protection. In this regard, the chapter then maps the protection provided to genetic privacy in biobanking by the EU's, and three European states'—Estonia, Germany, and the UK—legal systems. It then engages in a critical analysis, highlighting the significant inadequacy of the protection provided by these systems excluding data protection law. Finally, the chapter shows why, generally, European data protection law under the General Data Protection Regulation (GDPR) looks a viable solution to address the problems displayed by other approaches.

Anonymization, tokenization, encryption. How to recover unrecoverable data

2018 ◽  
Vol 0 (6/2017) ◽  
pp. 9-13
Author(s):  
Olga Dzięgielewska
Keyword(s):  
Risk Analysis ◽  
Data Protection ◽  
Data Privacy ◽  
Personal Data ◽  
Insider Threat ◽  
General Data Protection Regulation ◽  
Analysis Phase ◽  
Data Layer ◽  
General Data ◽  
Financial Consequences

The data privacy is currently vastly commented topic among all the organizations which process personal data due to the introduction of the European Union’s General Data Protection Regulation. Existing methods of data protection are believed to be sufficient as they meet the risk-based approach requirements in every mature organization, yet the number of publicly known data breaches confirms that this assumption is false. The aftermath of such incidents in countless cases prove that the risk-based approach failed as the reputational and financial consequences by far exceed the original estimations. This paper stressed the importance of the data layer protection from the planning, through design, until maintenance stages in the database lifecycle, as numerous attack vectors originating from the insider threat and targeting the data layer still sneak through unnoticed during the risk analysis phase.

Data protection in the United Kingdom: Part 1

1983 ◽  
Vol 7 (1) ◽  
pp. 15-22 ◽  
Author(s):  
Anne Crook
Keyword(s):  
United Kingdom ◽  
Computer Security ◽  
Data Protection ◽  
Data Privacy ◽  
Personal Information ◽  
The United Kingdom ◽  
Privacy Problem ◽  
The Individual ◽  
The Uk ◽  
The Impact

The United Kingdom Government is about to enact legisla tion for data protection. It is intended that this will safeguard the pnvacy of the individual which is seen to be threatened by the increasing use and capabilities of computerised personal information systems. There are also fears that the British computer and data processing industries will be at a disad vantage when competing in the international market without legislation equivalent to that already operating in other coun tries. The legislation will enable the UK to ratify the Council of Europe Data Protection Convention and to comply with the OECD Guidelines on Transborder Data Flow. Data protection is a valuable example of the interaction of information technology and society. This paper presents an overview of the issues involved. It examines what is meant by data privacy and how that privacy may be infringed by the use of both computerised and manual record systems. The impact of technology on the privacy problem is descnbed, including linkage of computer systems and the contribution of computer security. The need for legislation is discussed, both within the context of the international situation and of the early attempts at domestic legislation.

Data Protection Commissioner v. Facebook Ireland Ltd. and Maximillian Schrems (C.J.E.U.)

2021 ◽  
Vol 60 (1) ◽  
pp. 53-98
Author(s):  
Michael S. Aktipis ◽  
Ron B. Katwan
Keyword(s):  
Data Protection ◽  
Data Privacy ◽  
Personal Data ◽  
The United States ◽  
Transfer Mechanism ◽  
The European Union ◽  
Privacy Concerns ◽  
General Data Protection Regulation ◽  
General Data ◽  
The Eu

On July 16, 2020, the Court of Justice of the European Union (CJEU) issued its ruling in Data Protection Commissioner v. Facebook Ireland Limited and Maximillian Schrems, commonly known as Schrems II, invalidating the EU–U.S. Privacy Shield as a valid transfer mechanism under the EU's General Data Protection Regulation (GDPR) and creating significant legal uncertainty for the continued availability of another widely used transfer mechanism, Standard Contractual Clauses (SCCs), for transfers of EU personal data from commercial entities in the EU to the United States. The widely anticipated ruling marked the second time in five years that the CJEU had invalidated the legal foundation for such data transfers, which in both cases had been the result of a carefully negotiated compromise balancing European data privacy concerns with statutory and constitutional limitations of the U.S. system (see Schrems I).

scholarly journals Introduction

2021 ◽  
pp. 1-7
Author(s):  
Santa Slokenberga ◽  
Olga Tzortzatou ◽  
Jane Reichel
Keyword(s):  
Data Protection ◽  
Scientific Research ◽  
Personal Data ◽  
Practical Experience ◽  
General Data Protection Regulation ◽  
Eu Member States ◽  
General Data ◽  
The Uk ◽  
Shed Light

AbstractThe General Data Protection Regulation (GDPR) is already four years old legal instrument, with over two years of practical experience, yet, several central questions on its application, its importance in scientific research, rights of the data subjects, and obligations on the controllers and processors remain uncharted. In this edited volume, questions ranging from the meaning of the GDPR provisions for a particular research project to impact of the GDPR on long term collaborations, when the UK is leaving the EU are is discussed. This chapter sets out the aim of this book and provides an overview of how various contributions interplay to shed light on how the GDPR shapes the research regimes on the use of personal data in biobanking by EU Member States.

scholarly journals Data protection regulation: a comparative law approach

2021 ◽  
Vol 2 (2) ◽  
pp. 33-53
Author(s):  
MarcusAbreu de Magalhaes
Keyword(s):  
Data Protection ◽  
Data Privacy ◽  
Data Transfer ◽  
Personal Information ◽  
Security Requirements ◽  
Comparative Approach ◽  
General Data Protection Regulation ◽  
Consumer Privacy ◽  
Privacy Law ◽  
Data Control

This paper aims to present a comparative approach to data protection regulations around the world. Most countries possess data protection laws in some level of detail. In order to compare structures of data control and compliance in dissimilar systems, the study selected four distinct arrangements : the European General Data Protection Regulation (GDPR); the California Consumer Privacy Act (CCPA); the Brazilian Digital Privacy Law, Lei Geral de Proteção de Dados Pessoais (LGPD); and the Chinese Data Privacy Framework, which is molded by a set of different regulations. The analysis was based in common key points of those regulations – territorial scope, consent and disclosure, data security requirements, data transfer, Data Protection Officer, awareness and training, and penalties – to explore the different policies and national goals. The paper argues that, in the landscape of the information based society, new law is needed to protect citizens’ rights to privacy and to bound harvesting and mining of personal information to ensure transparency, control, and compliance of the information economy.

scholarly journals Can Visual Design Provide Legal Transparency? The Challenges for Successful Implementation of Icons for Data Protection

Design Issues ◽  
2020 ◽  
Vol 36 (3) ◽  
pp. 82-96
Author(s):  
Arianna Rossi ◽  
Monica Palmirani
Keyword(s):  
Data Protection ◽  
Participatory Design ◽  
Data Privacy ◽  
Personal Data ◽  
Successful Implementation ◽  
The European Union ◽  
General Data Protection Regulation ◽  
General Data ◽  
Legal Ontologies ◽  
Machine Readable

Design is a key player in the future of data privacy and data protection. The General Data Protection Regulation (GDPR) established by the European Union aims to rebalance the information asymmetry between the organizations that process personal data and the individuals to which that data refers. Machine-readable, standardized icons that present a “meaningful overview of the intended processing” are suggested by the law as a tool to enhance the transparency of information addressed to data subjects. However, no specific guidelines have been provided, and studies on privacy iconography are very few. This article describes research conducted on the creation and evaluation of icons representing data protection concepts. First, we introduce the methodology used to design the Data Protection Icon Set (DaPIS): participatory design methods combined with legal ontologies and machine-readable representations. Second, we discuss some of the challenges that have been faced in the development and evaluation of DaPIS and similar icon sets. Third, we provide some tentative responses and indicate a way forward for evaluation of the effectiveness of privacy icons and their widespread adoption.

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