scholarly journals Free movement of data in the European Union: opportunity or big challenge in a use of artificial intelligence?

2020 ◽  
pp. 29-39
Author(s):  
Ineta Breskienė
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Personal Data ◽  
Free Movement ◽  
The European Union ◽  
Regulatory Changes ◽  
Artificial Intelligence Technology ◽  
Using Data ◽  
Near Future ◽  
Made In

This article analyses the current situation in the European Union related to the free movement of data, relationship between personal data, non – personal data and their use in artificial intelligence technology. Despite the European Union’s efforts to facilitate the free movement of data, some relevant obstacles are currently being observed. Artificial intelligence technology faces difficulties in using data. Despite the fact that large amounts of data are now increasingly accessible to such technology, its ability to de-anonymize data poses risks of turning simple data into personal data and making its use a challenge for artificial intelligence developers. The issues raised are sensitive and some regulatory changes should be made in the near future in order for the European Union to remain a leader in emerging technologies.

scholarly journals Artificial intelligence, Digital Single Market and the proposal of a right to fair and reasonable inferences: a legal issue between ethics and techniques

2019 ◽  
Vol 5 (2) ◽  
pp. 75-91
Author(s):  
Alexandre Veronese ◽  
Alessandra Silveira ◽  
Amanda Nunes Lopes Espiñeira Lemos
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Single Market ◽  
Legal Issue ◽  
The European Union ◽  
European Union Law ◽  
General Data Protection Regulation

The article discusses the ethical and technical consequences of Artificial intelligence (hereinafter, A.I) applications and their usage of the European Union data protection legal framework to enable citizens to defend themselves against them. This goal is under the larger European Union Digital Single Market policy, which has concerns about how this subject correlates with personal data protection. The article has four sections. The first one introduces the main issue by describing the importance of AI applications in the contemporary world scenario. The second one describes some fundamental concepts about AI. The third section has an analysis of the ongoing policies for AI in the European Union and the Council of Europe proposal about ethics applicable to AI in the judicial systems. The fourth section is the conclusion, which debates the current legal mechanisms for citizens protection against fully automated decisions, based on European Union Law and in particular the General Data Protection Regulation. The conclusion will be that European Union Law is still under construction when it comes to providing effective protection to its citizens against automated inferences that are unfair or unreasonable.

scholarly journals Protection of Individuals in the light of EU Regulation 2016/679 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of such Data

2020 ◽  
Vol 6 (2) ◽  
pp. 63-74
Author(s):  
Mirosław Tokarski
Keyword(s):  
European Union ◽  
Large Scale ◽  
Personal Data ◽  
Legal Protection ◽  
Social Needs ◽  
Free Movement ◽  
Legal Regulations ◽  
The European Union ◽  
Protection Measures ◽  
Eu Regulation

The process of establishing normative acts in the European Union does not  occur out of nowhere, but in the context of specific social needs. That was the case of the genesis of establishing legal regulations regarding the protection of personal data in the European Union. Socio-economic integration, which resulted from the functioning of internal market in the European Union, has led to a significant increase in cross-border transfers of personal data. It led to situation in which various economic operators or state institutions of the Member States have increasingly processed the personal data of the EU citizens. Within time, these data have become an equally valuable commodity - not to say even more valuable – compared to goods and services (Costa-Cabral, and Lynskey Orla, 2017, p. 11). Making use of personal data on a large scale especially by public and private entities, associations and companies over time has posed a threat to the security of personal data. This has made it necessary to introduce legal protection measures for personal data in the European Union that would eliminate the negative effects of any form of personal data processing. The purpose of this article is to evaluate legal regulations regarding legislative protection of personal data in the European Union against the background of EU Regulation 2016/679 of the European Parliament and the Council with respect to the protection of individuals due to processing personal data, its free movement and repealing Directive 95/46/EC (hereinafter referred to as Regulation 2016/679). Due to initially adopted purpose of the considerations there arose a problem which was formulated in the form of a question: Do the legal measures introduced by the Regulation constitute an effective tool for the protection of personal data in the event of a violation of the law by personal data administrators and entities while processing such data? The presented purpose of the considerations and the research problem determined the order of the analysis.

Data Mining Under the Directive on Copyright and Related Rights in the Digital Single Market: Are European Database Protection Rules Still Threatening the Development of Artificial Intelligence?

2020 ◽  
Vol 69 (5) ◽  
pp. 457-473 ◽  
Author(s):  
Romain Meys
Keyword(s):  
Artificial Intelligence ◽  
Data Mining ◽  
European Union ◽  
Data Sharing ◽  
Personal Data ◽  
The European Union ◽  
European Database ◽  
Data User ◽  
Database Protection ◽  
Start Ups

Abstract This paper explores how the existing European rules on the legal and contractual protection of databases limit the re-use of non-personal data by start-ups and SMEs for the purpose of developing artificial intelligence in the European Union. This analysis aims to determine whether the recent initiatives on data mining and data sharing are adequate to ensure an appropriate level of data re-usability for that purpose. In turn, this paper argues that additional reforms are needed to establish a more balanced European framework on the legal and contractual protection of databases. Therefore, it contemplates the introduction of data user rights, which would facilitate the access and re-use of non-personal data by the enterprises in question.

scholarly journals Smart Cities, Big Data, Artificial Intelligence and Respect for the European Union Data Protection Rules

2020 ◽  
Vol 3 (2) ◽  
pp. 101
Author(s):  
Francisco Javier Durán Ruiz
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Big Data ◽  
Data Protection ◽  
Smart City ◽  
Smart Cities ◽  
Open Data ◽  
Personal Data ◽  
Point Of View ◽  
The European Union

The importance of cities and their populations grow more and more, as well as the need to apply ICT in their management to reduce their environmental impact and improve the services they offer to their citizens. Hence the concept of smart city arises, a transformation of urban spaces that the European Union is strongly promoting which is largely based on the use of data and its treatment using Big data and Artificial Intelligence techniques based in algorithms. For the development of smart cities it is basic, from a legal point of view, EU rules about open data and the reuse of data and the reconciliation of the massive processing of citizens' data with the right to privacy, non-discrimination and protection of personal data. The use of Big data and AI needed for the development of smart city projects requires a particular respect to data protection regulations. In this sense, the research explores in depth the specific hazards of vulnerating this fundamental right in the framework of smart cities due to the use of Big Data and AI.

Article 39 TEU

2019 ◽  
Author(s):  
Thomas Ramopoulos
Keyword(s):  
European Union ◽  
Personal Data ◽  
Free Movement ◽  
The European Union ◽  
Member States

In accordance with Article 16 of the Treaty on the Functioning of the European Union and by way of derogation from paragraph 2 thereof, the Council shall adopt a decision laying down the rules relating to the protection of individuals with regard to the processing of personal data by the Member States when carrying out activities which fall within the scope of this Chapter, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities.

The law concerning the election of employees’ representatives in company bodies

2017 ◽  
Vol 8 (1) ◽  
pp. 96-104
Author(s):  
Bernard Johann Mulder
Keyword(s):  
European Union ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
National Legislation ◽  
Freedom Of Movement ◽  
Employee Representation ◽  
Court Of Justice ◽  
The Right ◽  
Made In

This paper assesses the juridical aspects of the right to vote for, and be elected as, employee representative in company bodies. The assessment is made in the light of the pending case Konrad Erzberger v TUI AG, C 566/15 before the Court of Justice of the European Union (CJEU). The case was referred to the CJEU by the Kammergericht Berlin (Germany) and it was lodged on 3 November 2015. In the case, two issues related to the provisions of the Treaty of Functioning of the European Union (TFEU) are addressed to the CJEU. One is if it is discrimination on grounds of nationality, another is if national legislation is incompatible with the provisions on freedom of movement for workers, when the national legislation does not permit inviting employees outside a country’s borders to vote or stand as a candidate for the employee representation in that company’s supervisory body. In this paper it is argued that national law in the case at issue is not incompatible with European Union (EU) law. Consequently, there is no discrimination on grounds of nationality, and there is no obstacle to free movement for workers. Instead, it is a matter of what law shall apply.

scholarly journals Peculiarities of legal protection of personal data of minors in the field of electronic communication in the European Union

2019 ◽  
pp. 194-199
Author(s):  
M. S. Krylova
Keyword(s):  
European Union ◽  
Informed Consent ◽  
Electronic Communication ◽  
Personal Data ◽  
Legal Protection ◽  
Free Movement ◽  
The European Union ◽  
Electronic Communications ◽  
Provision Of Services ◽  
The Right

The paper considers the peculiarities of the legal protection of personal data of minors in the field of electronic communications in the European Union. The reasons for the expediency of introducing differentiated rules for minors in the context of the realization of the right to protection of personal data are substantiated. In addition, the article analyzes the provisions of Regulation (EC) 2016/679 on the protection of individuals in the processing of personal data and on the free movement of such data which entered into force in May 2018. The author reflects its innovations regarding the conditions for applying to the minors the concept of informed consent for processing and measures to verify the age of data, including the provision of services in electronic communications.

Sign in / Sign up

Export Citation Format

Share Document