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 DEVELOPMENT OF THE PERSONAL DATA PROTECTION FRAMEWORK – WILL THE PANDEMIC BRING NEW CHANGES?

2021 ◽  
Vol 12 ◽  
pp. 59-66
Author(s):  
Marta Mackeviča ◽  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Point Of View ◽  
The European Union ◽  
Personal Privacy ◽  
General Data Protection Regulation ◽  
Complex Concept ◽  
Personal Data Protection

The General Data Protection Regulation (hereinafter – the Regulation), which entered into force on 25 May 2018 and introduced a new legal framework for the protection of personal data in the European Union, also included a number of new rights, more precise definitions and improvements in the field of personal data protection. The three‐year period has shown that the Regulation has successfully replaced Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement ofsuch data, but the Covid‐19 pandemic posed the question: does the Regulation sufficiently define and explain how controllers should deal with the processing of sensitive data, or in situations where employees of companies and institutions work remotely? Data protection is a complex concept that can be analyzed from both a legal and a social point of view. Traditionally, data protection has been referred to as the protection of personal privacy in the context of processes involving the use of personal data. Prior to the implementation of the Regulation, the existing rules on the protection of personal data in the European Union were not sufficiently uniform and were implemented differently in each Member State. It contributed to the development and implementation of the Regulation, in the hope that it would modernize and promote a common data protection regime, while maintaining all the basic principles of data protection that have been followed so far. Prior to the pandemic, the Regulation successfully achieved its original objectives, but hasthe pandemic necessitated a revision of the Regulation? This article will analyze the development of the legal framework for the protection of personal data and analyze the compliance of the Regulation with the requirements arising from the effects of the pandemic.

scholarly journals Those Who Shall Be Identified: The Data Protection Aspects of the Legal Framework for Electronic Identification in the European Union

2021 ◽  
Vol 11 (2) ◽  
pp. 3-24
Author(s):  
Jozef Andraško ◽  
Matúš Mesarčík
Keyword(s):  
European Union ◽  
Data Processing ◽  
Data Protection ◽  
Mutual Recognition ◽  
Personal Data ◽  
Legal Framework ◽  
The European Union ◽  
General Data Protection Regulation ◽  
General Data

Abstract The article focuses on the intersections of the regulation of electronic identification as provided in the eIDAS Regulation and data protection rules in the European Union. The first part of the article is devoted to the explanation of the basic notions and framework related to the electronic identity in the European Union— the eIDAS Regulation. The second part of the article discusses specific intersections of the eIDAS Regulation with the General Data Protection Regulation (GDPR), specifically scope, the general data protection clause and mainly personal data processing in the context of mutual recognition of electronic identification means. The article aims to discuss the overlapping issues of the regulation of the GDPR and the eIDAS Regulation and provides a further guide for interpretation and implementation of the outcomes in practice.

scholarly journals Data Sharing Under the General Data Protection Regulation

Hypertension ◽  
2021 ◽  
Vol 77 (4) ◽  
pp. 1029-1035
Author(s):  
Antonia Vlahou ◽  
Dara Hallinan ◽  
Rolf Apweiler ◽  
Angel Argiles ◽  
Joachim Beige ◽  
...  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Research Approach ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Protection Legislation ◽  
General Data ◽  
Almost All

The General Data Protection Regulation (GDPR) became binding law in the European Union Member States in 2018, as a step toward harmonizing personal data protection legislation in the European Union. The Regulation governs almost all types of personal data processing, hence, also, those pertaining to biomedical research. The purpose of this article is to highlight the main practical issues related to data and biological sample sharing that biomedical researchers face regularly, and to specify how these are addressed in the context of GDPR, after consulting with ethics/legal experts. We identify areas in which clarifications of the GDPR are needed, particularly those related to consent requirements by study participants. Amendments should target the following: (1) restricting exceptions based on national laws and increasing harmonization, (2) confirming the concept of broad consent, and (3) defining a roadmap for secondary use of data. These changes will be achieved by acknowledged learned societies in the field taking the lead in preparing a document giving guidance for the optimal interpretation of the GDPR, which will be finalized following a period of commenting by a broad multistakeholder audience. In parallel, promoting engagement and education of the public in the relevant issues (such as different consent types or residual risk for re-identification), on both local/national and international levels, is considered critical for advancement. We hope that this article will open this broad discussion involving all major stakeholders, toward optimizing the GDPR and allowing a harmonized transnational research approach.

Human rights and biometric data. Social credit system

2020 ◽  
pp. 36-50
Author(s):  
Olga O. Bazina
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Pilot Project ◽  
The European Union ◽  
Credit System ◽  
Biometric Data ◽  
General Data Protection Regulation ◽  
Social Credit ◽  
The Social

Biometrics, as a field of science, analyzes the physical and behavioral characteristics of people in order to identify their personality. A huge amount of technology in the field of biometric data collection is developed by IT giants like Google, Facebook, or Alibaba. The European Union (EU) took an important step towards biometric data confidentiality by developing a unified law on the protection of personal data (General Data Protection Regulation, GDPR). The main goal of this action is to return control over personal data to European citizens and at the same time simplify the regulatory legal basis for companies. While European countries and organisations are introducing the GDPR into force, China since 2016 has launched a social credit system as a pilot project. The Social Credit Score (SCS) is based on collecting the maximum amount of data about citizens and assessing the reliability of residents based on their financial, social and online behavior. Only critical opinions can be read about the social credit system in European literature, although the opinions of persons being under this system – Chinese citizens – are quite positive. In this context, we should not forget about the big difference in the mentality of Asians and Europeans. The aim of this article is to compare EU law and the legislation of the People's Republic of China regarding the use and storage of biometric data. On the basis of statistical data and materials analysed, key conclusions will be formulated, that will allow to indicate differences in the positions of state institutions and the attitude of citizens to the issue of personal data protection in China and the European Union.

scholarly journals ESTUDO SOBRE A REALIZAÇÃO DO DIREITO DA PROTECÇÃO DE DADOS PESSOAIS ATRAVÉS DA JURISPRUDÊNCIA DO TRIBUNAL DE JUSTIÇA DA UNIÃO EUROPEIA

2020 ◽  
Vol 29 (1) ◽  
Author(s):  
Rita De Sousa Costa
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Case Law ◽  
Legal Framework ◽  
The European Union ◽  
Personal Data Protection ◽  
Court Of Justice ◽  
European Data ◽  
Data Protection Law

[PT]No presente texto, apresentamos as grandes linhas de aplicação do direito europeu da protecção de dados conforme gizadas pela jurisprudência do TJUE, com o objectivo de demonstrar como e em que medida este Tribunal modelou – e continua a modelar – o quadro jurídico em vigor, na certeza de que aquela jurisprudência impõe um conjunto de desafios determinantes para a realização material do direito europeu da protecção de dados pessoais. [ESP]Este texto presenta las líneas generales de la aplicación de la legislación europea de protección de datos tal como se establece en la jurisprudencia del TJUE, con el objetivo de demostrar cómo y en qué medida este Tribunal ha configurado -y sigue configurando- el marco jurídico vigente, con la certeza de que la dicha jurisprudencia plantea una serie de retos cruciales para la aplicación material del derecho europeo de la protección de datos personales. [ENG]This text outlines the implementation of the European data protection law as laid down in the case-law of the Court of Justice of the European Union, with the aim of demonstrating how and to what extent the Court has shaped – and continues to shape – the current legal framework. The case-law analysed points out a plethora of challenges which are key to the implementation of the European personal data protection law.

scholarly journals GDPR implementation as the main reason for the regional fragmentation in the online mediasphere

2021 ◽  
Vol 273 ◽  
pp. 08099
Author(s):  
Mikhail Smolenskiy ◽  
Nikolay Levshin
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Main Role ◽  
The European Union ◽  
Protection Measures ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Usa ◽  
General Data

The EU’s General Data Protection Regulation (GDPR) applies not only to the territory of the European Union, but also to all information systems containing data of EU’s citizens around the world. Misusing or carelessly handling personal data bring fines of up to 20 million euros or 4% of the annual turnover of the offending company. This article analyzes the main trends in the global implementation of the GDPR. Authors considered and analyzed results of personal data protection measures in nineteen regions: The USA, Canada, China, France, Germany, India, Kazakhstan, Nigeria, Russia, South Korea and Thailand, as well as the European Union and a handful of other. This allowed identifying a direct pattern between the global tightening of EU’s citizens personal data protection and the fragmentation of the global mediasphere into separate national segments. As a result of the study, the authors conclude that GDPR has finally slowed down the globalization of the online mediasphere, playing a main role in its regional fragmentation.

scholarly journals A RESPONSABILIDADE CIVIL DAS EMPRESAS GIGANTES DA INTERNET

2020 ◽  
Vol 12 (1) ◽  
pp. 159-186
Author(s):  
Olivera Boskovic
Keyword(s):  
European Union ◽  
Data Protection ◽  
Legal Theory ◽  
The United States ◽  
The European Union ◽  
European Union Law ◽  
General Application ◽  
General Data Protection Regulation ◽  
Substantive Law ◽  
Focus Theory

Objective ”“ The article offers an original contribution to the debate about the application of substantive law and the eligible jurisdiction that should judge the liabilities disputes between the so-called Internet giants' enterprises and the users. Methodology/approach/design ”“ The article brings a bibliographical and case law review of both France and the European Union about International Private Law applicable to the liability violations made by the so-called Internet giants' enterprises. Findings ”“ The article shows a legal theory central problem, which is the best way to define both the substantive law and the jurisdiction that should judge transfrontier liabilities in legal cases. The best solution would be to apply the so-called focus theory, i.e. the application of the substantive law and the jurisdiction following the local where the damage happens. Notwithstanding, this general application of the focus theory could impose limits on the future substantive reparation that the courts may grant to the victims. Besides, such general application collides with the traditional forum selection clauses that the giant Internet firms usually use to demand that the judgment of liability lawsuits solely by the United States courts. Practical implications ”“ The article is an important introduction to the choice of substantive law and jurisdiction applicable to the liability lawsuits filed against the giant Internet enterprises. This debate has a clear practical application that will become more important as the European Union General Data Protection Regulation (GDPR) enters in force and prescribes its transfrontier application. Originality/value ”“ The article enlightens a very important legal debate about the European Union Law that has some regulations (Rome I, Rome II, and Brussels I) to prescribe what substantive law and which jurisdiction may be of use to judge civil liability violations. This legal debate will grow in importance since the GDPR will give motives to a whole lot of new lawsuits about data protection.

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.

scholarly journals Developing The Personal Data Protection In The European Union: A Consumer-Oriented Approach The Romanian Experience

2008 ◽  
Vol 12 (1) ◽  
pp. 63-74
Author(s):  
Calin Veghes
Keyword(s):  
European Union ◽  
Data Protection ◽  
Direct Marketing ◽  
Personal Data ◽  
Legal Framework ◽  
Public Institutions ◽  
Legal Rights ◽  
The European Union ◽  
Personal Data Protection ◽  
Laws And Regulations

Protection of personal data represents a relatively recent concern for all the entities consumers, organizations and public institutions involved in the development of the direct marketing industry and the overall Romanian market. Noteworthy growth of the direct marketing campaigns, increase in the consumer demands and expectations and the background provided by the countrys adhesion to the European Union, have determined a strong necessity to build up a legal framework for protection of the personal data. Important steps have been made when laws no. 677 (on the protection of the personal data in terms of their processing and free circulation - 2001), no. 506 (on the processing of personal data and protection of privacy in the electronic communications sector - 2004) and no. 102 (regarding the setting up, organization and functioning of the National Supervisory Authority for Personal Data Processing - 2005) have been issued. Adoption of the Directive no. 95/46/EC has connected Romanian and European Union legal framework of the personal data protection. Enforcement of the existing legal background has revealed several problems that have affected activities conducted mainly by the direct marketing and marketing research companies. Relatively unclear definition of the content of personal data to be protected appeared to be one of the most important. From this point, at least the following questions should be answered:what is the specific meaning of the personal data? What data is personal and must be protected through dedicated laws and regulations?are public initiatives best ways and public institutions sole entities to handle the development of an effective legal background for the personal data protection?how important is the voice of the consumers in the process of development of a regulatory environment in this area? Should those to be protected represent the main source of initiating and building the related legal framework?An exploratory survey on a sample including 96 Romanian urban consumers aged 18 to 45 has been conducted aiming to provide information on the: importance of the data protection for the consumers, main characteristics of the data protection legal environment (area of protection, public-private, respectively national-international relationships in terms of the data protection, need for national or international laws and regulations), content of the personal data to be protected by a more precisely defined object of the law, consumer preferences regarding the opt-in and opt-out mechanisms, knowledge associated to the legal rights of consumers related to the personal data protection as they are granted through the existing law, major risks associated with the absence or improper personal data protection mechanisms, consumers exposure to the personal communication media, preferences for personal sources of information and perceived importance of personalization as potential factors to be considered for the development of the personal data protection legal framework, opportunity to develop and implement a Robinson list.Results of the survey may serve as a starting point for a future research conducted at the level of a national representative sample and the Romanian experience may be considered for the upcoming effort to develop a legal framework of the personal data protection in the European Union based on the consumers views, needs and expectations.

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