scholarly journals Ética archivística, privacidad y protección de datos personales

Author(s):  
Daniel Martínez-Ávila

It analyzes the main codes of ethics for archivists and their principles on privacy and access. It discusses the Code of Ethics and related documents published by the International Council on Archives, the 2020 ICA-IFLA joint statement on Privacy Legislation and Archiving, the Code of Ethics of Catalan Archivists, several Canadian codes of ethics, and several documents by the Society of American Archivists, including the joint statements with the ALA and the ACRL/RBMS. Finally, it presents the European General Data Protection Regulation and the guidance for archives of the European Archives Group. Resumen Se analizan los principales códigos de ética internacionales para archiveros y sus recomendaciones sobre privacidad y acceso. Se discuten los códigos de ética y documentos del Consejo Internacional de Archivos, la declaración conjunta con la Federación Internacional de Asociaciones de Bibliotecarios y Bibliotecas de 2020, el código deontológico de los archiveros catalanes, varios códigos de Canadá y los documentos relacionados de la Sociedad de Archiveros Americanos, incluyendo aquellos presentados de forma conjunta con la ALA y la ACRL/RBMS. Para finalizar se presenta el reglamento general de protección de datos de la Unión Europea y las directrices para archivos del European Archives Group.

2021 ◽  
Vol 11 (21) ◽  
pp. 9977
Author(s):  
Daan Storm van Leeuwen ◽  
Ali Ahmed ◽  
Craig Watterson ◽  
Nilufar Baghaei

Faced with the biggest virus outbreak in a century, world governments at the start of 2020 took unprecedented measures to protect their healthcare systems from being overwhelmed in the light of the COVID-19 pandemic. International travel was halted and lockdowns were imposed. Many nations adopted measures to stop the transmission of the virus, such as imposing the wearing of face masks, social distancing, and limits on social gatherings. Technology was quickly developed for mobile phones, allowing governments to track people’s movements concerning locations of the virus (both people and places). These are called contact tracing applications. Contact tracing applications raise serious privacy and security concerns. Within Europe, two systems evolved: a centralised system, which calculates risk on a central server, and a decentralised system, which calculates risk on the users’ handset. This study examined both systems from a threat perspective to design a framework that enables privacy and security for contact tracing applications. Such a framework is helpful for App developers. The study found that even though both systems comply with the General Data Protection Regulation (GDPR), Europe’s privacy legislation, the centralised system suffers from severe risks against the threats identified. Experiments, research, and reviews tested the decentralised system in various settings but found that it performs better but still suffers from inherent shortcomings. User tracking and re-identification are possible, especially when users report themselves as infected. Based on these data, the study identified and validated a framework that enables privacy and security. The study also found that the current implementations using the decentralised Google/Apple API do not comply with the framework.


Author(s):  
Dan Jerker B. Svantesson

This chapter observes how it may be inappropriate to apply a single jurisdictional threshold to diverse instruments such as data privacy laws. In the light of this observation, a proposal is outlined for a ‘layered approach’ under which the substantive law rules of such instruments are broken up into different layers, with different jurisdictional thresholds applied to each such layer. This layered approach is discussed primarily as a technique to be utilized in legal drafting, but it may also be applied in the interpretation and application of legal rules. Article 3 of the European Union’s General Data Protection Regulation, which determines that regulation’s scope of application in a territorial sense, provides a particularly useful lens through which to approach this topic and, thus, the discussion is largely centred around that Article.


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