scholarly journals Data protection in post-Brexit Britain: A response to the Government of the United Kingdom’s public consultation on reforms to the data protection regime (“Data: A new direction”)

2021 ◽  
Author(s):  
Wes W.P. Damen ◽  
Adam Harkens ◽  
Wenlong Li ◽  
Emma Ahmed-Rengers ◽  
Karen Yeung
Keyword(s):  
European Union ◽  
Data Protection ◽  
New Technologies ◽  
Culture Media ◽  
Personal Data ◽  
Fundamental Rights ◽  
Public Consultation ◽  
Machine Learning Techniques ◽  
Digital Culture ◽  
The European Union

Ever since the United Kingdom’s exit from the European Union, the UK government has made it clear that they see opportunities for enacting new legislation. One of these opportunities is to legislate how new technologies are to be used, and how citizens’ personal data is handled where it is used as a necessary component of such technologies. On September 10th 2021, the Department for Digital, Culture, Media & Sport (DCMS) launched its public consultation for proposed reforms to the UK’s data protection regime. We believe that it is appropriate that careful eyes are kept on the UK’s data protection regime in order to ensure that existing legal frameworks are appropriately future proofed, especially when we consider that the overall UK regulatory environment is in-flux, as UK law and policy begins to diverge from that of the European Union. This appropriate future proofing of a new data protection laws includes both the public and private sector use of technologies requiring the processing of high-volumes of personal data – in many cases making use of machine learning techniques – that can expose data subjects to considerable harms to their fundamental rights and personal interests. In this response we set out some of the concerns we are having about this legislative proposal, and why a change of course is called for.

scholarly journals Social Aspects of New Technologies - the CCTV and Biometric (Framing Privacy and Data Protection) in the Case of Poland

2012 ◽  
Vol 14 (4) ◽  
pp. 117-150 ◽  
Author(s):  
Zofia Wysokinska ◽  
Radosław Dziuba
Keyword(s):  
European Union ◽  
Small Businesses ◽  
New Technologies ◽  
Personal Data ◽  
Fundamental Rights ◽  
The European Union ◽  
Security Systems ◽  
Eu Directive ◽  
Security Software ◽  
Legal Security

The purpose of this paper is to review the institution responsible for the protection of personal data within the European Union and national example - Polish as a country representing the new Member States. The analysis of institutional system - providing legal security of communication and information institutions, companies and citizens against the dangers arising from the ongoing development of innovative new technologies in the European Union and Poland. This article is an attempt to analyze the possibility of using security systems and Biometry CTTV in Poland in terms of legislation. The results of the analysis indicate that, in terms of institutions Poland did not do badly in relation to the risks arising from the implementation of technology. The situation is not as good when it comes to the awareness of citizens and small businesses. This requires that facilitate greater access to free security software companies from data leakage or uncontrolled cyber-terrorist attacks. With regard to the use of security systems, CCTV and biometrics, Poland in legal terms is still early in the process of adapting to EU Directive. The continuous development of technology should force the legislature to establish clear standards and regulations for the application of CCTV technology and biometrics, as it is of great importance in ensuring the fundamental rights and freedoms of every citizen of the Polish Republic.

Der Schutz personenbezogener Daten eines Whistleblowers in der Europäischen Kommission

2021 ◽  
Author(s):  
Christoph Aust
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Current Data ◽  
Fundamental Rights ◽  
Law Firms ◽  
The European Union ◽  
Doctoral Thesis ◽  
Data Protection Law ◽  
Definition Of

The doctoral thesis explains what is meant by “whistleblowing” and examines the conditions under which such behavior is legally protected at the level of the European Union. A definition of whistleblowing is derived from the fundamental rights of the European Union. In addition, taking into account current data protection developments, in particular the GDPR, the protection of the personal data of a whistleblower is comprehensively assessed. The author has been active in the field of data protection law for years and worked as a legal trainee at the Hamburg data protection officer and various law firms with a focus on IT law and data protection law.

The new profiling: Algorithms, black boxes, and the failure of anti-discriminatory safeguards in the European Union

2014 ◽  
Vol 45 (5) ◽  
pp. 494-511 ◽  
Author(s):  
Matthias Leese
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
Data Driven ◽  
The European Union ◽  
Black Boxes ◽  
Power Profiling ◽  
Charter Of Fundamental Rights ◽  
Profiling Techniques

This article argues that with increasingly large databases and computational power, profiling as a key part of security governance is experiencing major changes. Targeting mobile populations in order to enact security via controlling and sifting the good from the bad, profiling techniques accumulate and process personal data. However, as advanced algorithmic analytics enable authorities to make sense of unprecedented amounts of information and derive patterns in a data-driven fashion, the procedures that bring risk into being increasingly differ from those of traditional profiling. While several scholars have dealt with the consequences of black-boxed and invisible algorithmic analytics in terms of privacy and data protection, this article engages the effects of knowledge-generating algorithms on anti-discriminatory safeguards. Using the European-level efforts for the establishment of a Passenger Name Record (PNR) system as an example, and on the theoretical level connecting distinct modes of profiling with Foucauldian thought on governing, the article finds that with pattern-based categorizations in data-driven profiling, safeguards such as the Charter of Fundamental Rights of the European Union or the EU data-protection framework essentially lose their applicability, leading to a diminishing role of the tools of the anti-discrimination framework.

scholarly journals ASSESSING THE IMPLICATIONS OF SCHREMS II FOR EU–US DATA FLOW

2021 ◽  
pp. 1-18
Author(s):  
Maria Helen Murphy
Keyword(s):  
European Union ◽  
Data Protection ◽  
Data Flow ◽  
Data Transfer ◽  
Personal Data ◽  
Fundamental Rights ◽  
Constant Flow ◽  
The European Union ◽  
Court Of Justice ◽  
The Eu

Abstract With the constant flow of data across jurisdictions, issues regarding conflicting laws and the protection of rights arise. This article considers the EU–US data transfer relationship in the aftermath of the decision in Data Protection Commissioner v Facebook Ireland and Maximillian Schrems where the Court of Justice of the European Union (CJEU) invalidated an EU–US data transfer agreement for the second time in just five years. This judgment continues the line of cases emphasising the high value the Court places on securing EU personal data in accordance with EU data protection standards and fundamental rights. This article assesses the implications of the ruling for the vulnerable EU–US data transfer relationship.

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.

scholarly journals The European Union and the Search for an International Data Protection Framework

2014 ◽  
Vol 2 (2) ◽  
pp. 55 ◽  
Author(s):  
Christopher Kuner
Keyword(s):  
European Union ◽  
Data Protection ◽  
Legal Framework ◽  
Fundamental Rights ◽  
The European Union ◽  
International Data ◽  
Data Protection Law ◽  
Eu Fundamental Rights ◽  
Global Data ◽  
The Eu

The European Union (EU) has supported the growing calls for the creation of an international legal framework to safeguard data protection rights. At the same time, it has worked to spread its data protection law to other regions, and recent judgments of the Court of Justice of the European Union (CJEU) have reaffirmed the autonomous nature of EU law and the primacy of EU fundamental rights law. The tension between initiatives to create a global data protection framework and the assertion of EU data protection law raises questions about how the EU can best promote data protection on a global level, and about the EU’s responsibilities to third countries that have adopted its system of data protection.

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.

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.

Data Protection in the Federal Republic of Germany and the European Union: An Unequal Playing Field

2014 ◽  
Vol 15 (3) ◽  
pp. 461-494
Author(s):  
Anne-Marie Zell
Keyword(s):  
European Union ◽  
Data Protection ◽  
New Technologies ◽  
Location Based Services ◽  
Federal Republic Of Germany ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Playing Field ◽  
The Eu

With the negotiation of its Data Protection Regulation, the European Union seeks to reform an outdated set of laws that has failed to address the evolving data protection challenges inherent in new technologies such as social networks, e-commerce, cloud computing, and location-based services. This article addresses the forthcoming Data Protection Regulation as well as the current state of data protection law in the EU, with a particular focus on Germany. The first part of the article examines Germany's robust data protection framework and the EU's existing authority. The article then raises key issues related to data protection in Germany and the EU—namely, discrepancies in data protection standards and enforcement among EU Member States—as illustrated by recent, high profile cases involving household names like Facebook, Apple, Google, and Amazon. Through this analysis, the article attempts to explain how and why companies doing business in Germany, but established in other EU Member States, are subject to less stringent data protection standards than German companies. Lastly, the article synthesizes the issues in debate with regard to the draft Data Protection Regulation and offers perspectives on what the Regulation could and should mean for data protection in the EU.

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