scholarly journals Data protection, scientific research, and the role of information

2020 ◽  
Author(s):  
Rossana Ducato
Keyword(s):  
Data Protection ◽  
Critical Role ◽  
Scientific Research ◽  
Information Provision ◽  
Research Information ◽  
Legal Regime ◽  
General Data Protection Regulation ◽  
General Data ◽  
Role Of Information

This paper aims to assess the information duties set out in the General Data Protection Regulation (GDPR) and national adaptations when the purpose of processing is scientific research. Information about the processing plays a critical role for data subjects in general. However, it becomes even more central in the research context, due to the peculiarities of the legal regime applicable to it. The analysis critically points out that the GDPR’s information obligations are not entirely satisfying and present some flaws. Furthermore, the GDPR information duties risk suffering from the same shortcomings usually addressed in the literature about mandated disclosures. The paper argues that the principle of transparency, developed as a “user-centric” concept, can support the adoption of solutions that embed behavioural insights to support the rationale of the information provision better.

scholarly journals Transparency you can trust: Transparency requirements for artificial intelligence between legal norms and contextual concerns

2019 ◽  
Vol 6 (1) ◽  
pp. 205395171986054 ◽  
Author(s):  
Heike Felzmann ◽  
Eduard Fosch Villaronga ◽  
Christoph Lutz ◽  
Aurelia Tamò-Larrieux
Keyword(s):  
Artificial Intelligence ◽  
Data Protection ◽  
Contextual Factors ◽  
Information Provision ◽  
Human Robot Interaction ◽  
Future Research ◽  
General Data Protection Regulation ◽  
Wide Range ◽  
General Data ◽  
The Impact

Transparency is now a fundamental principle for data processing under the General Data Protection Regulation. We explore what this requirement entails for artificial intelligence and automated decision-making systems. We address the topic of transparency in artificial intelligence by integrating legal, social, and ethical aspects. We first investigate the ratio legis of the transparency requirement in the General Data Protection Regulation and its ethical underpinnings, showing its focus on the provision of information and explanation. We then discuss the pitfalls with respect to this requirement by focusing on the significance of contextual and performative factors in the implementation of transparency. We show that human–computer interaction and human-robot interaction literature do not provide clear results with respect to the benefits of transparency for users of artificial intelligence technologies due to the impact of a wide range of contextual factors, including performative aspects. We conclude by integrating the information- and explanation-based approach to transparency with the critical contextual approach, proposing that transparency as required by the General Data Protection Regulation in itself may be insufficient to achieve the positive goals associated with transparency. Instead, we propose to understand transparency relationally, where information provision is conceptualized as communication between technology providers and users, and where assessments of trustworthiness based on contextual factors mediate the value of transparency communications. This relational concept of transparency points to future research directions for the study of transparency in artificial intelligence systems and should be taken into account in policymaking.

Introducing Key Elements Regarding Access to Personal Data for Scientific Research in the Perspective of Developing Innovative Medicines

2020 ◽  
Vol 27 (3) ◽  
pp. 195-212
Author(s):  
Jean Herveg ◽  
Annagrazia Altavilla
Keyword(s):  
Data Protection ◽  
Open Data ◽  
Scientific Research ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
Future Research ◽  
General Data Protection Regulation ◽  
Public Sector Information ◽  
General Data

Abstract This article aims at opening discussions and promoting future research about key elements that should be taken into account when considering new ways to organise access to personal data for scientific research in the perspective of developing innovative medicines. It provides an overview of these key elements: the different ways of accessing data, the theory of the essential facilities, the Regulation on the Free Flow of Non-personal Data, the Directive on Open Data and the re-use of public sector information, and the General Data Protection Regulation (GDPR) rules on accessing personal data for scientific research. In the perspective of fostering research, promoting innovative medicines, and having all the raw data centralised in big databases localised in Europe, we suggest to further investigate the possibility to find acceptable and balanced solutions with complete respect of fundamental rights, as well as for private life and data protection.

scholarly journals Personal Data Protection in Russia

2020 ◽  
pp. 95-113
Author(s):  
Alexander Gurkov
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Special Role ◽  
State Control ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
General Data

AbstractThis chapter considers the legal framework of data protection in Russia. The adoption of the Yarovaya laws, data localization requirement, and enactment of sovereign Runet regulations allowing for isolation of the internet in Russia paint a grim representation of state control over data flows in Russia. Upon closer examination, it can be seen that the development of data protection in Russia follows many of the steps taken at the EU level, although some EU measures violated fundamental rights and were invalidated. Specific rules in this sphere in Russia are similar to the European General Data Protection Regulation. This chapter shows the special role of Roskomnadzor in forming data protection regulations by construing vaguely defined rules of legislation.

scholarly journals The Digital tax system in the light of GDPR

2018 ◽  
Vol 2 (2) ◽  
pp. 183-190
Author(s):  
Martin Daňko ◽  
Petra Žárská
Keyword(s):  
Data Protection ◽  
Crucial Role ◽  
Personal Data ◽  
Modern World ◽  
Tax System ◽  
General Data Protection Regulation ◽  
Eu Member States ◽  
State Administration ◽  
General Data

The digital tax system is becoming extremely essential in the modern world. As we look at the system itself as a great benefit for its users and states as well, we tend to forget the role of personal data within it. Personal data play crucial role in the errorless digital tax system. The new regulation of EU, General Data Protection Regulation is addressing processing of personal data within the state administration of EU member states. The aim of this article is to examine the effect of GDPR on the digital tax system and encourage wide academic and public discussion in relation to processing of personal data in the digital tax system.

Is There Anything Left of the Portuguese Law Implementing the GDPR?

2020 ◽  
pp. 125-139
Author(s):  
Graça Canto Moniz
Keyword(s):  
European Union ◽  
Data Processing ◽  
Data Protection ◽  
Legislative Process ◽  
European Union Law ◽  
General Data Protection Regulation ◽  
Supervisory Authority ◽  
General Data ◽  
The Law

The entry into force of the General Data Protection Regulation (GDPR) was expected to cause difficulties to data controllers and data processors mostly due to the practical consequences of the accountability principle and the role of risk. However, in Portugal, there were supplementary problems triggered by two events: the long legislative process of the national law implementing the GDPR and the decision of the national supervisory authority to disapply nine provisions of it. In August 2019, the Portuguese Parliament adopted the law implementing the GDPR, Law 58/2019, and one month later, the Portuguese supervisory authority, Comissão Nacional de Proteção de Dados, decided that nine articles of the recently adopted national law were incompatible with European Union Law. This chapter aims to address this chain of events, to understand the reasoning behind the decision of the Portuguese authority, and to tackle its practical consequences to day-to-day data-processing activities of data controllers and data processors. Overall, it also aims to evaluate what is left of the national piece of legislation after this decision.

PERSONAL DATA PROTECTION IN GENERAL ADMINISTRATIVE PROCEEDINGS

2018 ◽  
Vol 2 (XVIII) ◽  
pp. 199-213
Author(s):  
Agnieszka Kręcisz-Sarna
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
General Data ◽  
Administrative Proceedings

This article aims to draw attention to the duties of personal data protection in general administrative proceedings in the context of the General Data Protection Regulation, which came into force on 25 May 2018. It depicts the subjective, the objective, as well as the territorial scope of the application of GDPR, subsequently referring it to certain procedural steps taken in the course of administrative proceedings. Moreover, deliberations concerning the processing of personal data which takes place within the scope of administrative proceedings, as well as the role of the parties in such proceedings have been presented.

scholarly journals The Impact of the New European Union General Data Protection Regulation (GDPR) on Data Collection at Mass Gatherings

2019 ◽  
Vol 34 (s1) ◽  
pp. s138-s138
Author(s):  
Annelies Scholliers ◽  
Dimitri De Fré ◽  
Inge D’haese ◽  
Stefan Gogaert
Keyword(s):  
European Union ◽  
Data Collection ◽  
Data Protection ◽  
Scientific Research ◽  
Personal Data ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Mass Gatherings ◽  
General Data ◽  
The Law

Introduction:As of May 2018, a new European privacy law called the General Data Protection Regulation (GDPR) is in order. With this law, every organization operating in the European Union (EU), needs to adhere to a strict set of rules concerning collection and processing of personal data.Aim:To explore the consequences of the GDPR for data collection at mass gatherings in the European Union.Methods:Since the law was published on April 27, 2016, a thorough reading of the law was conducted by 4 persons with a background in mass gathering health. The GDPR consists of 99 articles organized into 11 chapters. There are also 173 recitals to further explain certain ambiguities. Key articles and recitals relating to healthcare and scientific research were identified. Possible pitfalls and opportunities for data collection and processing at mass gatherings were noted.Discussion:Under article 4, key definitions are noted. There is a clear definition of “data concerning health”. According to the GDPR, health data is a special category of personal data which should not be processed according to article 9(1). However, there is an exception for scientific research (article 9(2)(j)). There are a few safeguards in place, as laid out in article 89. One interesting point is that according to article 89(2), certain derogations can take place if the law interferes with scientific research. The GDPR has major consequences for data collection and processing in the EU. However, with the use of certain safeguards (e.g., pseudonymization) there are still ample opportunities for scientific research. It is important to review one’s method of data collection to make sure it complies with the GDPR.

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