scholarly journals Stosowanie unijnych przepisów o transgranicznych zagrożeniach dla zdrowia a ochrona danych osobowych w UE

2017 ◽  
Vol 107 ◽  
pp. 53-81
Author(s):  
Patrycja Dąbrowska-Kłosińska
Keyword(s):  
Data Protection ◽  
Current System ◽  
Personal Data ◽  
Border Health ◽  
Cross Border ◽  
The Us ◽  
Health Threats ◽  
And Control ◽  
The Eu

APPLYING THE RULES ON CROSS-BORDER THREATS TO HEALTH AND THE PROTECTION OF PERSONAL DATA IN THE EUThe paper concerns a possible conflict between the scope of data protection of individuals, including their medical data, and the necessity of preparing and reacting to serious cross-border health threats at the EU level, for example, to pandemics. The case-study of Mr Andrew Speaker, who was ordered not to leave the US by the US Centre for Disease Prevention and Control because of his TB infection, but was travelling through Europe in 2007, provides an illustration to problematic legal issues. The text presents EU regulatory tools which aim at preventing the spread of infectious diseases and other serious cross-border health threats as provided by Decision 1082/2013 and the relevant provisions ensuring data protection of individuals in this context. The objective of the extensive normative analysis of the current regulatory framework is an attempt at assessment whether the current system of EU rules can offer an effective protection of personal data when the provisions on pandemics’ prevention are applied.

scholarly journals Tracing Individuals under the EU Regime on Serious, Cross-border Health Threats: An Appraisal of the System of Personal Data Protection

2017 ◽  
Vol 8 (4) ◽  
pp. 700-722 ◽  
Author(s):  
Patrycja DĄBROWSKA-KŁOSIŃSKA
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Integrated Approach ◽  
Border Health ◽  
Health Security ◽  
Personal Data Protection ◽  
Cross Border ◽  
Health Threats ◽  
The Right ◽  
The Eu

AbstractThe article tackles the issue of personal data protection in case of tracing (looking for) individual persons who have been exposed to health risks pursuant to the EU Decision 1082/2013 on Serious, Cross-border Health Threats. This problem exemplifies just one among many challenges of the health-security nexus in the EU. That is, it regards a certain trade-off between the limitation of individual rights and securing populations’ safety. The text appraises the safeguards for the (lawful) limitation of the right to data protection after an in-depth examination of the provisions of the Health Threats Decision, its implementing measures, the reports on its operation, and in light of the general EU data protection laws. In conclusion, it claims that a number of improvements are needed because of the incompleteness, and the insufficient coherence and transparency of the EU regime for health threats. The established shortcomings are, at least in part, caused by the new EU “integrated approach” to health and security. In effect, an overall philosophy of reforms of public health policy in the name of “all-hazards security” applied in the Health Threats Decision can result in a reduction of the adequate level of protection of individuals’ personal data.

scholarly journals L’invalidità del Safe Harbor Agreement

2018 ◽  
Author(s):  
Fabiana Accardo
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Safe Harbor ◽  
The European Union ◽  
Court Of Justice ◽  
The Us ◽  
Data Protection Law ◽  
The Impact ◽  
The Eu

The purpose of this article is that to explain the impact of the landmark decision Schrems c. Data Protection Commissioner [Ireland] - delivered on 7 October 2015 (Case C-362/2014 EU) by the Court of Justice - on the European scenario. Starting from a brief analysis of the major outcomes originated from the pronunciation of the Court of Justice, then it tries to study the level of criticality that the Safe Harbor Agreement and the subsequently adequacy Commission decision 2000/520/EC – that has been invalidated with Schrems judgment – have provoked before this pronunciation on the matter of safeguarding personal privacy of european citizens when their personal data are transferred outside the European Union, in particular the reference is at the US context. Moreover it focuses on the most important aspects of the new EU-US agreement called Privacy Shield: it can be really considered the safer solution for data sharing in the light of the closer implementation of the Regulation (EU) 2016/679, which will take the place of the Directive 95 /46/CE on the EU data protection law?

scholarly journals A Comparative Study of the APEC Privacy Framework- A New Voice in the Data Protection Dialogue?

2008 ◽  
Vol 3 ◽  
pp. 1-44
Author(s):  
Johanna G. Tan
Keyword(s):  
Comparative Study ◽  
Data Protection ◽  
Personal Data ◽  
Eu Member States ◽  
Cross Border ◽  
Eu Directive ◽  
Free Flow Of Information ◽  
International Conventions ◽  
Flow Of Information ◽  
The Eu

AbstractThe dialogue on data protection has so far been dominated by European and American voices. There are currently a few international conventions in place such as the Council of Europe's 1981 Convention for the Protection of Individuals with regard to the Automatic processing of personal data, the 1980 OECD Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data , which apply to 30 OECD countries, and the EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data, which binds EU member states but has had some impact on non-European countries due to the restriction on cross border flow of information.This has changed with the emergence of the APEC Privacy Framework in 2004 which focuses on the importance of the free flow of information in the digital age. Does the APEC Privacy Framework have anything of value to add or does it dilute the standards already in place? This article will examine these questions and argue that perhaps the APEC Privacy Framework is the first step towards a truly global standard for data protection.

scholarly journals EXPORT OF SERVICES: IS DATA LOCALIZATION A BARRIER?

2020 ◽  
pp. 22-32
Author(s):  
A. A. Koval ◽  
A. D. Levashenko
Keyword(s):  
Personal Data ◽  
Vital Role ◽  
Cross Border ◽  
Digital Services ◽  
Foreign Countries ◽  
Data Flows ◽  
The Us ◽  
The Cross ◽  
The Impact ◽  
The Eu

The export of services is not related to the physical movement of goods across the border but is directly dependent on the cross-border movement of data. Cross-border data flows play a vital role in the cross-border provision of digital services. The international community pays particular attention to issues regarding the application of data localization policies. Indeed, this requirement significantly affects global trade in services. The data localization policy provides, according to the WTO, limiting the ability of companies to transfer data about internal users to foreign countries. Developing countries (Russia, China, etc.) involve the application of the localization requirement, i.e., first records in the country, personal data of citizens, while the EU and the US consider the total need of data localization as a barrier to international trade. The article assesses the impact of data regulation requirements on the export and import of digital services.

scholarly journals Regulating the European Data-Driven Economy. A Case Study on the General Data Protection Regulation

2020 ◽  
Author(s):  
Moritz Laurer ◽  
Timo Seidl
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Policy Formulation ◽  
Data Driven ◽  
The Political ◽  
General Data Protection Regulation ◽  
General Data ◽  
Institutional Legacies ◽  
The Eu

In recent years, data have become part and parcel of contemporary capitalism. This created tensions between the growing demand for personal data and the fundamental right to data protection. Against this background, the EU’s adoption of the general data protection regulation (GDPR) poses a puzzle. Why did the EU adopt a regulation that strengthens data protection despite intensive lobbying by powerful business groups? We make two arguments to explain this outcome. First, we use process tracing to show how institutional legacies triggered and structured the policy-formulation process by strengthening the position of data protection advocates within the Commission. Second, we use discourse network analysis to show that the Snowden revelations fundamentally changed the discursive and coalitional dynamics during the decision-making stage, ‘saving’ the GDPR from being watered down. Our paper contributes to the literature on the political economy of data protection while also offering a comprehensive explanationof the GDPR.

scholarly journals The European Cross-Border Health Data Exchange: Focus on Clinically Relevant Data

2021 ◽  
Author(s):  
Sari Palojoki ◽  
Anne Vakkuri ◽  
Riikka Vuokko
Keyword(s):  
Continuity Of Care ◽  
Information Exchange ◽  
Data Exchange ◽  
Health Data ◽  
Border Health ◽  
Digital Service ◽  
Cross Border ◽  
National Perspective ◽  
The Eu

The eHealth Digital Service Infrastructure (eHDSI) is an infrastructure ensuring the continuity of care for European citizens while they are travelling abroad in the EU. We present the Finnish readiness of implementing datasets of diagnosis, vaccinations and medication summary in a case study, and discuss challenges emerging from the national perspective. International harmonized standards are a key element in the smooth development of European information exchange.

Legislative discourse of digital governance: a corpus-driven comparative study of laws in the European Union and China

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Siyue Li ◽  
Chunyu Kit
Keyword(s):  
European Union ◽  
Data Protection ◽  
Data Security ◽  
Personal Data ◽  
The European Union ◽  
Data Governance ◽  
Personal Data Protection ◽  
Cross Border ◽  
Digital Governance ◽  
The Eu

Abstract Based on the self-compiled corpora of the European Union and Chinese laws on data governance, this study adopts a corpus-driven approach to comparatively study the legislative design of the EU and China on digital governance, especially on key issues such as data protection, data processing and utilization, and cross-border data transfer. It is found through corpus analysis that the EU has developed a relatively comprehensive data protection system, which internally focuses on the protection of individual data rights and externally sets high standards on the cross-border transfer of data. Despite the data protection paradigm as it manifests, the EU is facing new challenges on data exportation, data jurisdiction in the competitive digital marketplace. Shared the same concern on the data protection legislation, Chinese data law has made significant progress in personal data protection with the nascent enactment of Data Security Law and Personal Data Protection Law. Notably, Chinese legislation features the hierarchal taxonomy of data under the principle of the national security exception, while it requires more legislative skills, flexible response mechanisms, and more subordinate laws to prevent future data security threats. Moreover, the corpus-driven method conducted in this study provides evidential insights for the comparative legal textual studies across jurisdictions.

scholarly journals Toward Compatibility of the EU Trade Policy with the General Data Protection Regulation

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 10-14
Author(s):  
Svetlana Yakovleva ◽  
Kristina Irion
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
General Data Protection Regulation ◽  
Cross Border ◽  
Charter Of Fundamental Rights ◽  
Strong Position ◽  
General Data ◽  
The Right ◽  
The Eu

The European Union's (EU) negotiating position on cross-border data flows, which the EU has recently included in its proposal for the World Trade Organization (WTO) talks on e-commerce, not only enshrines the protection of privacy and personal data as fundamental rights, but also creates a broad exception for a Member's restrictions on cross-border transfers of personal data. This essay argues that maintaining such a strong position in trade negotiations is essential for the EU to preserve the internal compatibility of its legal system when it comes to the right to protection of personal data under the EU Charter of Fundamental Rights (EU Charter) and the recently adopted General Data Protection Regulation (GDPR).

scholarly journals Cross-Border Transfers of Personal Data After Schrems II: Supplementary Measures and new Standard Contractual Clauses (SCCs)

2021 ◽  
Vol 4 (2) ◽  
pp. 37-47
Author(s):  
Marcelo Corrales Compagnucci ◽  
Mateo Aboy ◽  
Timo Minssen
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
The European Union ◽  
Cross Border ◽  
Data Protection Directive ◽  
Legal Challenges ◽  
International Data ◽  
Data Transfers ◽  
International Data Transfers ◽  
The Eu

 This article analyses the legal challenges of international data transfers resulting from the recent Court of Justice of the European Union (CJEU) decision in Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (Schrems II). This judgement invalidated the EU-US Privacy Shield Framework but upheld the use of standard contractual clauses (SCCs). However, one caveat is that organisations would have to perform a case-by-case assessment on the application of the SCCs and implement ‘supplementary measures’ to compensate for the lack of data protection in the third country, where necessary. Regrettably, the CJEU missed the opportunity to specify what exactly these ‘supplementary measures’ could be. To fill this gap, the European Data Protection Board (EDPB) adopted guidelines on the measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data. In addition, on June 4th, 2021 the European Commission issued new SCCs which replaced the previous SCCs that were adopted under the previous Data Protection Directive 95/46. These new developments have raised the bar for data protection in international data transfers. In this article, we analyse the current regulatory framework for cross-border transfers of EU personal data and examine the practical considerations of the emerging post-Schrems II legal landscape. 

scholarly journals The Right to Data Protection and the Commissions’ Adequacy Decision

2015 ◽  
Vol 1 ◽  
pp. 77-93
Author(s):  
Alexandra Maria Rodrigues Araújo
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
International Organization ◽  
European Law ◽  
Main Principle ◽  
Cross Border ◽  
Data Flows ◽  
International Data ◽  
The Right ◽  
The Eu

Data protection is a fundamental right protected by the EU as well as several international human rights instruments. However, an adequate relation of this right faces new challenges every day. A complicated area for the effectiveness of EU data protection law is the cross-border transfer of personal data. In European law, the main principle applicable to international data flows is the principle of adequate protection. This principle implies that a transfer to a third country/international organization is only permissible if an adequate level of protection of the personal data transferred is guaranteed. In this regard, this paper examines the application of this principle in the adequacy decisions adopted by the European Commission.

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