Territorial Scope and Data Transfer Rules in the GDPR: Realising the EU’s Ambition of Borderless Data Protection

2021 ◽  
Author(s):  
Christopher Kuner
Keyword(s):  
Data Protection ◽  
Data Transfer ◽  
Transfer Rules

scholarly journals Data protection and ethics requirements for multisite research with health data: a comparative examination of legislative governance frameworks and the role of data protection technologies†

2020 ◽  
Vol 7 (1) ◽  
Author(s):  
James Scheibner ◽  
Marcello Ienca ◽  
Sotiria Kechagia ◽  
Juan Ramon Troncoso-Pastoriza ◽  
Jean Louis Raisaro ◽  
...  
Keyword(s):  
Research Ethics ◽  
Data Protection ◽  
Data Transfer ◽  
Homomorphic Encryption ◽  
Personalised Medicine ◽  
The United States ◽  
Health Data ◽  
The European Union ◽  
Data Accessibility ◽  
General Data Protection Regulation

Abstract Personalised medicine can improve both public and individual health by providing targeted preventative and therapeutic healthcare. However, patient health data must be shared between institutions and across jurisdictions for the benefits of personalised medicine to be realised. Whilst data protection, privacy, and research ethics laws protect patient confidentiality and safety they also may impede multisite research, particularly across jurisdictions. Accordingly, we compare the concept of data accessibility in data protection and research ethics laws across seven jurisdictions. These jurisdictions include Switzerland, Italy, Spain, the United Kingdom (which have implemented the General Data Protection Regulation), the United States, Canada, and Australia. Our paper identifies the requirements for consent, the standards for anonymisation or pseudonymisation, and adequacy of protection between jurisdictions as barriers for sharing. We also identify differences between the European Union and other jurisdictions as a significant barrier for data accessibility in cross jurisdictional multisite research. Our paper concludes by considering solutions to overcome these legislative differences. These solutions include data transfer agreements and organisational collaborations designed to `front load' the process of ethics approval, so that subsequent research protocols are standardised. We also allude to technical solutions, such as distributed computing, secure multiparty computation and homomorphic encryption.

Data-protection ordering/disordering of a fuzzy logic model in a robotic agent via the optical-data-transfer line

2008 ◽  
Vol 29 (4) ◽  
pp. 322-335 ◽  
Author(s):  
Alexandr L. Antipov ◽  
Alexey Yu. Bykovsky ◽  
Anton A. Egorov
Keyword(s):  
Fuzzy Logic ◽  
Data Protection ◽  
Data Transfer ◽  
Logic Model ◽  
Optical Data ◽  
Transfer Line ◽  
Fuzzy Logic Model ◽  
Robotic Agent

scholarly journals Compatibility of the EU and Georgian Personal Data Protection Regimes and Data Transfer

Law and World ◽  
2021 ◽  
Vol 7 (5) ◽  
pp. 40-46
Keyword(s):  
European Union ◽  
Data Protection ◽  
Data Transfer ◽  
Personal Data ◽  
Data System ◽  
Protection System ◽  
The European Union ◽  
Great Opportunity ◽  
Association Agreement ◽  
Personal Data Protection

The work discusses Personal Data Protection system under the European Union law, also Personal Data Protection in Georgia and the compatibility of those two regimes. Moreover, there were men- tioned ways how Georgia can adopt regulations and harmonize its legislation, to be compatible with the European Union Personal Data Protection regime. The work emphasized efforts of Georgia on the path of developing its Personal Data Protection system. The many citizens of Georgia don’t even have a knowledge that their Personal Data has to be defended. Although, the court practice of Georgia revealed good developing signs in this field. If before there were not any cases concerning personal data protection, today we have some good decisions regarding the personal data protection. The data transfer between the European Union and Georgia, is also implemented in the Association Agreement between the European Union and Georgia. Here as well has to be mentioned that the Association Agreement was the greatest step for Georgia, it was the great opportunity to harmonize Georgian Personal Data system with a European. Step by step, Georgia is straining to become a member of the European Union. Thus, this work is a look through past and future of Georgian and EU relations in the field of Personal Data system.

Data Protection in the Cloud

2011 ◽  
Vol 12 (3) ◽  
Author(s):  
Peter Blume
Keyword(s):  
Cloud Computing ◽  
Member State ◽  
Data Protection ◽  
Data Security ◽  
Data Transfer ◽  
Protection Agency ◽  
Starting Point ◽  
Data Protection Law ◽  
The Relationship ◽  
Data Subject

AbstractThis article discusses the data protection issues made topical by cloud computing. It takes its starting point in a decision made by the Danish Data Protection Agency which is probably the first decision concerning this issue in an EU member state. The article focuses on the relationship between controller and processor, data security, data transfer and data subject rights. It concludes that cloud computing is a challenge but that data protection law should be able to meet that challenge.

scholarly journals Analyzing Remote Server Locations for Personal Data Transfers in Mobile Apps

2017 ◽  
Vol 2017 (1) ◽  
pp. 118-131 ◽  
Author(s):  
Mojtaba Eskandari ◽  
Bruno Kessler ◽  
Maqsood Ahmad ◽  
Anderson Santana de Oliveira ◽  
Bruno Crispo
Keyword(s):  
Mobile Devices ◽  
Data Protection ◽  
High Speed ◽  
Data Transfer ◽  
Mobile Apps ◽  
Personal Data ◽  
Analysis Tool ◽  
The European Union ◽  
Wide Range ◽  
Almost All

Abstract The prevalence of mobile devices and their capability to access high speed internet has transformed them into a portable pocket cloud interface. Being home to a wide range of users’ personal data, mobile devices often use cloud servers for storage and processing. The sensitivity of a user’s personal data demands adequate level of protection at the back-end servers. In this regard, the European Union Data Protection regulations (e.g., article 25.1) impose restriction on the locations of European users’ personal data transfer. The matter of concern, however, is the enforcement of such regulations. The first step in this regard is to analyze mobile apps and identify the location of servers to which personal data is transferred. To this end, we design and implement an app analysis tool, PDTLoc (Personal Data Transfer Location Analyzer), to detect violation of the mentioned regulations. We analyze 1, 498 most popular apps in the EEA using PDTLoc to investigate the data recipient server locations. We found that 16.5% (242) of these apps transfer users’ personal data to servers located at places outside Europe without being under the control of a data protection framework. Moreover, we inspect the privacy policies of the apps revealing that 51% of these apps do not provide any privacy policy while almost all of them contact the servers hosted outside Europe.

scholarly journals Data Protection Regulation and International Arbitration: Can There Be Harmonious Coexistence (with the GDPR Requirements Concerning Cross-Border Data Transfer)?

2021 ◽  
Vol 2 (2) ◽  
pp. 21-48
Author(s):  
Elena Mazetova
Keyword(s):  
Data Protection ◽  
Data Transfer ◽  
Digital Environment ◽  
International Arbitration ◽  
Basic Principles ◽  
Global Trends ◽  
Cross Border ◽  
Regulatory Regimes

Recent global trends are producing powerful growth in the digital environment, and its spread is prompting adoption of strict and comprehensive regulation to ensure data protection. This results in a number of difficulties, one of which is lack of consistency between data protection regulation and the regulatory regimes applicable to specific industries and institutions. That inconsistency is particularly evident in the field of international arbitration — one of the most widely used and convenient methods for resolving international disputes. The principles and fundamental concepts that largely define international arbitration, such as autonomy of the parties and confidentiality, have made its use very well accepted and widespread. However, data protection requirements often force the parties that are subject to them to make a difficult choice between the basic principles of international arbitration and the requirements of data protection regulation. This bind has come about because data protection regulation, which generally imposes comprehensive compliance obligations, rarely takes into account the specifics of the industries in which it will be applied. In this article it is analyzing application of the GDPR requirements that pertain to cross-border data transfer from the perspective of international arbitration in order to illustrate difficulties and regulatory gaps that may be encountered by the entities interested in thorough compliance with the applicable regulations.

Cross-Border Transfer of Personal Data

Cyber Crime ◽  
2013 ◽  
pp. 832-850
Author(s):  
Grigore-Octav Stan ◽  
Georgiana Ghitu
Keyword(s):  
Data Protection ◽  
Data Transfer ◽  
Personal Data ◽  
European Economic Area ◽  
The European Union ◽  
Legal Regime ◽  
Cross Border ◽  
Data Protection Directive ◽  
High Level ◽  
Insight Into

This chapter outlines the Romanian data protection legal regime governing the cross-border transfers of personal data, both to countries located in the European Union (EU) or in the European Economic Area (EEA), as well as to non-EU or non-EEA countries. In addressing the Romanian legal requirements related to international transfers of personal data, a high level insight into the background of Romanian data protection principles and main rules applicable in the broader context of privacy proves useful. Although this chapter analyzes mainly the Romanian legal regime of data protection, with a special emphasis on cross-border transfer of personal data, a similar interpretation and application of the data protection related requirements may also be encountered in other European jurisdictions. While expounding primarily on data transfer related matters, this chapter also looks at how the EU Data Protection Directive (Directive No. 95/46 EC), as well as the relevant secondary legislation in the field of data protection, has been implemented into Romanian law.

The Crisis of Privacy and Sacrifice of Personal Data in the Name of National Security

2019 ◽  
pp. 109-126
Author(s):  
Irena Nesterova
Keyword(s):  
National Security ◽  
Data Protection ◽  
Data Transfer ◽  
Personal Data ◽  
The European Union ◽  
Data Retention ◽  
Privacy And Security ◽  
The Public ◽  
Mass Surveillance ◽  
Proper Balance

Edward Snowden’s surveillance revelations in 2013 raised the issue of privacy and security in the public spotlight. These revelations underlined the need for a strong data protection framework. At the same time, the pressing demand to address security concerns and the threat of terrorist attacks might weaken privacy and data protection standards. Two landmark judgments of the Court of Justice of the European Union, namely the Digital rights Ireland judgment (which invalidates the Data Retention Directive) and the Schrems judgment (which invalidates the Safe Harbour Decision forming a legal basis for transatlantic data transfers) are of great significance in strengthening the rights to privacy and data protection in the context of digital mass surveillance. They continue to have far-reaching implications for EU and national data retention mechanisms, as well on the cross-border data transfer framework. Through the lens of the CJEU, the chapter reveals the key challenges that data protection law faces both at national and EU level that have to be addressed in response to mass surveillance in order to maintain a proper balance between privacy and national security.

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