scholarly journals Regulating the Information Society: Data Protection and Ireland's Internet Industry

2020 ◽  
Author(s):  
T. J. McIntyre
Keyword(s):  
Data Protection ◽  
Information Society ◽  
Internet Industry

scholarly journals Regulating the Information Society: Data Protection and Ireland's Internet Industry

2020 ◽  
Author(s):  
TJ McIntyre
Keyword(s):  
Data Protection ◽  
Information Society ◽  
Personal Information ◽  
The Internet ◽  
Internet Firms ◽  
Internet Industry ◽  
The Way

Ireland has become a global hub for personal information with internet firms headquartered in Dublin collectively holding information on billions of users. But has Ireland been a responsible regulator of the way in which these firms use that data? In this chapter I examine the approach taken by the Irish state, tracing the evolution of data protection governance and its application to the internet industry.

Danish Data Protection with Respect to Law Libraries

2003 ◽  
Vol 31 (3) ◽  
pp. 452-461 ◽  
Author(s):  
Peter Blume
Keyword(s):  
Data Protection ◽  
Information Society ◽  
Personal Information ◽  
Economic Value ◽  
Legal Regulation ◽  
Information Privacy ◽  
Private Sphere ◽  
Legal Rules ◽  
Modern Development ◽  
The Individual

Data protection and information privacy are essential parts of lex informatica. The purpose of legal rules is to sustain a modern development and adjustment of the fundamental right to privacy, taking the realities of the information society into consideration. The aim is to protect the individual against misuse of personal information that may violate the private sphere and simultaneously to protect against surveillance with the purpose of governing behavior. Privacy protection is furthermore important, since personal information, which always has had economic value to a much larger degree, has become a commodity today. There are many reasons sustaining data protection, and legal regulation is very broad covering all parts of society. Merely a fragment of this issue is being considered in the following.

Article 8 Conditions applicable to child’s consent in relation to information society services

2020 ◽  
Author(s):  
Eleni Kosta
Keyword(s):  
Decision Making ◽  
Data Protection ◽  
Information Society ◽  
Codes Of Conduct ◽  
Information Communication ◽  
Individual Decision ◽  
Individual Decision Making ◽  
Data Subject

Article 7 (Conditions for consent); Article 12 (Transparent information, communication and modalities of exercise of the rights of the data subject) (see also recital 58); Article 40(2)(g) (Codes of conduct); Article 22 (Automated individual decision-making) (see also recital 71); Article 35 (Data Protection Impact Assessments).

Regulating the Information Society

2021 ◽  
pp. 701-718
Author(s):  
T. J. McIntyre
Keyword(s):  
Data Protection ◽  
Personal Information ◽  
Spillover Effects ◽  
The Internet ◽  
Policy Context ◽  
Internet Firms ◽  
International Pressure ◽  
Internet Industry ◽  
Legislative Framework

Ireland has become a global hub for personal information, with internet firms headquartered there holding information on billions of users. But has Ireland been a responsible regulator? This chapter examines the approach of the Irish state, tracing the evolution of data protection governance and its application to the internet industry. It outlines the legal and policy context, and argues that regulation has been hampered by a weak legislative framework and significant under-resourcing of the data protection supervisory authority. Using Facebook as a case study, it examines how this has prompted international pressure for stronger regulation and evaluates the Irish response. It concludes by arguing that Ireland has yet to properly engage with the wider issues presented by its new role as a key jurisdiction for the internet industry, with data protection being just one of many aspects that need more attention as Irish regulation increasingly has spillover effects elsewhere.

Open Questions on Balancing in the GDPR

2020 ◽  
pp. 390-416
Author(s):  
Jef Ausloos
Keyword(s):  
Data Protection ◽  
Information Society ◽  
Critical Appraisal ◽  
Functional Approach ◽  
Open Questions ◽  
The Right ◽  
Key Questions

This chapter discusses some of the loose ends that remain after the previous two chapters in Part II on Fair Balancing and Data Protection. In particular, it tries to frame answers to—or at the very least nuances—key questions arising from right-to-erasure-induced-balancing-acts in the information society service (ISS) context. After a critical appraisal of open-ended fair balancing in the data protection context, the chapter tackles questions such as how far ISS controllers’ responsibility to balance goes; whether the GDPR defines a balance that is biased towards data subjects; and whether the framework is not essentially ‘privatizing’ fair balancing. The last half of the chapter is dedicated to some important elements that nuance the aforementioned questions, and the debate on GDPR balancing by ISS controllers more broadly. It emphasizes the importance of taking into account the size and broader context in which large ISS providers operate; makes a critical appraisal of the merits and pitfalls of a granular and functional approach; shows how the GDPR essentially defers fair balancing; and explains the right to erasure should not be looked at as a binary (ie full erasure v unrestrained processing).

Article 4(4). Profiling

2020 ◽  
Author(s):  
Lee A. Bygrave
Keyword(s):  
Decision Making ◽  
Impact Assessment ◽  
Data Protection ◽  
Information Society ◽  
Personal Data ◽  
Article 5 ◽  
Automated Decision Making ◽  
Right Of Access ◽  
Legal Grounds

Article 3(2)(b) (Monitoring of data subjects’ behaviour); Article 5 (Principles relating to processing of personal data); Article 6 (Legal grounds for processing of personal data); Article 8 (Conditions applicable to children’s consent in relation to information society services) (see also recital 38); Article 13(2)(f) (Information on the existence of automated decision-making, including profiling) (see also recital 60); Article 14(2)(g) (Information on the existence of automated decision-making, including profiling) (see also recital 60); Article 15(1)(h) (Right of access regarding automated decision-making, including profiling) (see also recital 63); Article 21 (Right to object) (see also recital 70); Article 22 (Automated decision-making, including profiling) (see also recital 71); Article 23 (Restrictions) (see also recital 73); Article 35(3)(a) (Data protection impact assessment) (see also recital 91); Article 47(2)(e) (Binding corporate rules); Article 70(1)(f) (EDPB guidelines on automated decisions based on profiling)/

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