scholarly journals Principles of the EU General Regulations for the Protection of Personal Data (GDPR): Problems and Perspectives for Implementation

2019 ◽  
Vol 16 (1) ◽  
pp. 29-35
Author(s):  
Aleksei Yu. Churilov ◽  
Keyword(s):  
Personal Data ◽  
The Eu

Data protection and passenger name record in judicial criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199492
Author(s):  
Catherine Van de Heyning
Keyword(s):  
United Kingdom ◽  
Data Protection ◽  
Personal Data ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
The United Kingdom ◽  
Record Data ◽  
Criminal Matters ◽  
The Impact ◽  
The Eu

The submission discusses the provisions in the EU–UK Trade and Cooperation Agreement on data protection as well as the consequences for the exchange of passenger name record data in the field of criminal and judicial cooperation. The author concludes that the impact of the Agreement will depend on the resolvement of the United Kingdom to uphold the standards of protection of personal data equivalent to the EU’s in order to reach an adequacy decision.

scholarly journals Artificial Intelligence in Biomedicine: A Legal Insight

BioTech ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 15
Author(s):  
Takis Vidalis
Keyword(s):  
Artificial Intelligence ◽  
Personal Data ◽  
Health Data ◽  
The Self ◽  
Data Handling ◽  
Direct Control ◽  
Eu Legislation ◽  
Attending Physicians ◽  
Self Learning ◽  
The Eu

The involvement of artificial intelligence in biomedicine promises better support for decision-making both in conventional and research medical practice. Yet two important issues emerge in relation to personal data handling, and the influence of AI on patient/doctor relationships. The development of AI algorithms presupposes extensive processing of big data in biobanks, for which procedures of compliance with data protection need to be ensured. This article addresses this problem in the framework of the EU legislation (GDPR) and explains the legal prerequisites pertinent to various categories of health data. Furthermore, the self-learning systems of AI may affect the fulfillment of medical duties, particularly if the attending physicians rely on unsupervised applications operating beyond their direct control. The article argues that the patient informed consent prerequisite plays a key role here, not only in conventional medical acts but also in clinical research procedures.

scholarly journals The EU General Data Protection Regulation (GDPR)

2020 ◽  
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Privacy Regulation ◽  
General Data Protection Regulation ◽  
Data Protection Directive ◽  
Ongoing Work ◽  
Protection Legislation ◽  
Recent Reform ◽  
General Data ◽  
The Eu

This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. This book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation.

scholarly journals Dark and Bright Patterns in Cookie Consent Requests

2021 ◽  
Vol 3 (1) ◽  
pp. 1-38
Author(s):  
Paul Graßl ◽  
Hanna Schraffenberger ◽  
Frederik Zuiderveen Borgesius ◽  
Moniek Buijzen
Keyword(s):  
Perceived Control ◽  
Interface Design ◽  
Personal Data ◽  
Online Experiments ◽  
Privacy Law ◽  
Perception Of Control ◽  
Internet Users ◽  
Low Levels ◽  
The Eu

Dark patterns are (evil) design nudges that steer people’s behaviour through persuasive interface design. Increasingly found in cookie consent requests, they possibly undermine principles of EU privacy law. In two preregistered online experiments we investigated the effects of three common design nudges (default, aesthetic manipulation, obstruction) on users’ consent decisions and their perception of control over their personal data in these situations. In the first experiment (N = 228) we explored the effects of design nudges towards the privacy-unfriendly option (dark patterns). The experiment revealed that most participants agreed to all consent requests regardless of dark design nudges. Unexpectedly, despite generally low levels of perceived control, obstructing the privacy-friendly option led to more rather than less perceived control. In the second experiment (N = 255) we reversed the direction of the design nudges towards the privacy-friendly option, which we title “bright patterns”. This time the obstruction and default nudges swayed people effectively towards the privacy-friendly option, while the result regarding perceived control stayed the same compared to Experiment 1. Overall, our findings suggest that many current implementations of cookie consent requests do not enable meaningful choices by internet users, and are thus not in line with the intention of the EU policymakers. We also explore how policymakers could address the problem.

scholarly journals The Impact of EURODAC in EU Migration Law: The Era of Crimmigration?

2019 ◽  
Vol 3 (1) ◽  
pp. 157-183 ◽  
Author(s):  
Benedita Menezes Queiroz
Keyword(s):  
Law Enforcement ◽  
Personal Data ◽  
Public Security ◽  
Security Measures ◽  
Legal Regime ◽  
Irregular Migrants ◽  
Access To Data ◽  
The Impact ◽  
Migration Law ◽  
The Eu

Counter-terrorism and public security measures have significantly altered EU immigration law. Under the premise that EU instruments which regulate EU immigration databases influence the legal regime of irregularity of migrants’ statuses, the present article argues that the latest developments in the area of data technology contribute to the phenomenon of “crimmigration”. This is so not only because they may generate a sort of “digital illegality” due to their impact on the categorisation of migrants, but also because they enable a conflation of treatment of irregularity, asylum seeking and criminality. This article focuses on the recent amendments and proposals for amendments to the EURODAC Regulation, a database that regulates the asylum fingerprint system in the EU. This is revealing of the ongoing broadening of the purpose of that data and law enforcement access to the collected information. The argument finds its basis in three main trends common to these databases: the erosion of the principle of purpose limitation, the widening of access to data by law enforcement authorities, and the digitalisation of borders through biometrics. Ultimately, this article claims that the level of surveillance of certain categories of migrants that may cross the borders of the EU puts at risk the distinction between illegally staying irregular migrants and criminals, given that the treatment of their personal data is insufficiently clear in practice.

scholarly journals Online Privacy Analysis and Hints for Its Improvement

10.28945/3216 ◽  
2008 ◽  
Author(s):  
Tanja Krunic ◽  
Ljiljana Ruzic-Dimitrijevic
Keyword(s):  
Personal Data ◽  
Online Privacy ◽  
Short Report ◽  
User Privacy ◽  
Data Collecting ◽  
Privacy Analysis ◽  
The Web ◽  
The Eu

The idea of the paper is to investigate how much the online user privacy is respected by website owners, and how online privacy can be improved. We first focus ourselves on issues like possibilities of misusing personal data, data collecting and user-tracking. Then we give a short report about legislation in the EU concerning user privacy. Some facts about user confidence are given as well. They are follows by a brief list of hints for the users to protect their personal data when surfing the Web. Then we give an overview of actions website owners should take in order to support user privacy. Finally, we present the results of our investigation of the condition of user privacy in practice, and give some suggestions on its improvement.

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