scholarly journals Artificial Intelligence in Biomedicine: A Legal Insight

BioTech ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 15
Author(s):  
Takis Vidalis
Keyword(s):  
Artificial Intelligence ◽  
Personal Data ◽  
Health Data ◽  
The Self ◽  
Data Handling ◽  
Direct Control ◽  
Eu Legislation ◽  
Attending Physicians ◽  
Self Learning ◽  
The Eu

The involvement of artificial intelligence in biomedicine promises better support for decision-making both in conventional and research medical practice. Yet two important issues emerge in relation to personal data handling, and the influence of AI on patient/doctor relationships. The development of AI algorithms presupposes extensive processing of big data in biobanks, for which procedures of compliance with data protection need to be ensured. This article addresses this problem in the framework of the EU legislation (GDPR) and explains the legal prerequisites pertinent to various categories of health data. Furthermore, the self-learning systems of AI may affect the fulfillment of medical duties, particularly if the attending physicians rely on unsupervised applications operating beyond their direct control. The article argues that the patient informed consent prerequisite plays a key role here, not only in conventional medical acts but also in clinical research procedures.

Compiling Medical Data into National Medical Databases

2009 ◽  
pp. 2085-2099
Author(s):  
Boštjan Bercic ◽  
Carlisle George
Keyword(s):  
File Systems ◽  
Personal Data ◽  
Medical Data ◽  
Legal Issues ◽  
Medical Databases ◽  
Eu Legislation ◽  
National Medical ◽  
Access Rights ◽  
Set Up ◽  
The Eu

In recent years, various national medical databases have been set up in the EU from disparate local databases and file systems. Medical records contain personal data and are as such protected by EU and member states’ legislation. Medical data, in addition to being personal data, is also defined in the EU legislation as being especially sensitive and warrants special measures to protect it. It therefore follows that various legal issues and concerns arise in connection with these processes. Such issues relate to the merits of compiling a nationwide database, deciding on who has access to such a database, legitimate uses of medical data held, protection of medical data, and subject access rights amongst others. This chapter examines some of these issues and argues that such databases are inevitable due to technological change; however there are major legal and information security caveats that have to be addressed. Many of these caveats have not yet been resolved satisfactorily, hence making medical databases that already exist problematic.

Artificial Intelligence (AI) at Schengen Borders: Automated Processing, Algorithmic Profiling and Facial Recognition in the Era of Techno-Solutionism

2021 ◽  
Vol 23 (4) ◽  
pp. 457-484
Author(s):  
Niovi Vavoula
Keyword(s):  
Artificial Intelligence ◽  
Information Systems ◽  
Facial Recognition ◽  
Personal Data ◽  
Legal Framework ◽  
Private Life ◽  
Fundamental Rights ◽  
Legal Analysis ◽  
The Right ◽  
The Eu

Abstract Since the past three decades, an elaborate legal framework on the operation of EU-Schengen information systems has been developed, whereby in the near future a series of personal data concerning almost all third-country nationals (TCN s) with an administrative or criminal law link with the EU/Schengen area will be monitored through at least one information system. This article provides a legal analysis on the embedment of Artificial Intelligence (AI) tools at the EU level in information systems for TCN s and critically examines the fundamental rights concerns that ensue from the use AI to manage and control migration. It discusses automated risk assessment and algorithmic profiling used to examine applications for travel authorisations and Schengen visas, the shift towards the processing of facial images of TCN s and the creation of future-proof information systems that anticipate the use of facial recognition technology. The contribution understands information systems as enabling the datafication of mobility and as security tools in an era whereby a foreigner is risky by default. It is argued that a violation of the right to respect for private life is merely the gateway for a series of other fundamental rights which are impacted, such as non-discrimination and right to effective remedies.

scholarly journals STAN CYWILNOPRAWNEJ OCHRONY KONSUMENTA USŁUG UBEZPIECZENIOWYCH W POLSCE

2017 ◽  
Vol 4 (2) ◽  
pp. 221
Author(s):  
Marcin Skorb
Keyword(s):  
Civil Law ◽  
Personal Data ◽  
Insurance Companies ◽  
Insurance Law ◽  
Eu Legislation ◽  
General Terms ◽  
Definition Of ◽  
Legal Character ◽  
Insurance Agreement ◽  
The Eu

Protection of Personal Data of Consumers of Insurance Services in PolandSummaryThe article analyses the regulations o f Polish civil law, which were introduced to protect a consumer of insurance services who, as a weaker party of a insurance agreement needs such protection. It presents main changes of the insurance law in this respect, introduced on M ay 01, 2004 as a part of the process of adapting Polish legal system to the EU legislation. Amongst other things, the author discusses the following issues: legal definition of a „consumer”, scope o f legal measures on protection of the insured, legal character of the general terms and conditions of the insurance agreements issued by insurance companies and forbidden contractual clauses. The author also suggests changes to these laws in order to improve them and make them more precise.

scholarly journals Impact of the European General Data Protection Regulation (GDPR) on Health Data Management in a European Union Candidate Country: A Case Study of Serbia (Preprint)

2019 ◽  
Author(s):  
Branko Marovic ◽  
Vasa Curcin
Keyword(s):  
European Union ◽  
Health System ◽  
Data Protection ◽  
Personal Data ◽  
Health Data ◽  
Candidate Country ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
General Data ◽  
The Eu

UNSTRUCTURED As of May 2018, all relevant institutions within member countries of the European Economic Area are required to comply with the European General Data Protection Regulation (GDPR) or face significant fines. This regulation has also had a notable effect on the European Union (EU) candidate countries, which are undergoing the process of harmonizing their legislature with the EU as part of the accession process. The Republic of Serbia is an example of such a candidate country, and its 2018 Personal Data Protection Act mirrors the majority of provisions in the GDPR. This paper presents the impact of the GDPR on health data management and Serbia’s capability to conduct international health data research projects. Data protection incidents reported in Serbia are explored to identify common underlying causes using a novel taxonomy of contributing factors across aspects and health system levels. The GDPR has an extraterritorial application for the non-EU data controllers who process the data of EU citizens and residents, which mainly affects private practices used by medical tourists from the EU, public health care institutions frequented by foreigners, as well as expatriates, dual citizens, tourists, and other visitors. Serbia generally does not have well-established procedures to support international research collaborations around its health data. For smaller projects, contractual arrangements can be made with health data providers and their ethics committees. Even then, organizations that have not previously participated in similar ventures may require approval or support from health authorities. Extensive studies that involve multisite data typically require the support of central health system institutions and relevant research data aggregators or electronic health record vendors. The lack of a framework for preparation, anonymization, and assurance of privacy preservation forces researchers to rely heavily on local expertise and support. Given the current limitation and potential issues with the legislation, it remains to be seen whether the move toward the GDPR will be beneficial for the Serbian health system, medical research, protection of personal data and privacy rights, and research capacity. Although significant progress has been made so far, a strategic approach is needed at the national level to address insufficient resources in the area of data protection and develop the personal data protection environment further. This will also require a targeted educational effort among health workers and decision makers, aiming to improve awareness and develop skills and knowledge necessary for the workforce.

scholarly journals Odpowiedzialność karna za utrudnianie i udaremnianie prowadzenia kontroli na gruncie ustawy o ochronie danych osobowych z dnia 10 maja 2018 r. Podstawowe zagadnienia karnoprawne

2020 ◽  
Vol 30 (4) ◽  
pp. 165-180
Author(s):  
Daria Sieradzka
Keyword(s):  
Comparative Analysis ◽  
Data Protection ◽  
Criminal Liability ◽  
Personal Data ◽  
Supervisory Authority ◽  
Personal Data Protection ◽  
Eu Legislation ◽  
Characteristic Features ◽  
The Eu ◽  
The Way

The paper analyses two provisions of the Act of 10 May 2018 on Personal Data Protection. It describes the structure and characteristic features of acts which obstruct or frustrate an inspection of compliance with personal data protection provisions. The paper emphasises the importance of powers held by a supervisory authority, the President of the Office for Personal Data Protection, especially in the context of the EU legislation. The article also gives examples of interrelationship between the controller and the entity that is controlled and discusses the way this impacts criminal liability. It presents a comparative analysis of the said provision alongside its analogous provision which is related to inspection carried out under Article 55 of the Act of 14 December 2018 on Personal Data Protection in Connection with Preventing and Fighting Crime. The final conclusions include some proposals for, inter alia, the analysis of problems noted by the Personal Data Protection Office while conducting control proceedings in the years 2018–2019.

scholarly journals Digital literacies and children’s personalized books: Locating the ‘self’

2020 ◽  
Vol 18 (2) ◽  
Author(s):  
Natalia Kucirkova ◽  
Margaret Mackey
Keyword(s):  
Artificial Intelligence ◽  
Sense Of Self ◽  
Personal Data ◽  
The Self ◽  
Personal Agency ◽  
Digital Literacies ◽  
The Social ◽  
Objective Space ◽  
Subjective Space

This conceptual article discusses the role of digital literacies in personalized books, in relation to children’s developing sense of self, and in terms of assessing the potential impact of artificial intelligence (AI). Personalized books contain children’s data, such as their name, gender or image, and they can be created by readers or automatically by the publisher. Some personalized books are e-books enhanced with artificial intelligence, and some can be ordered as paperbacks. We discuss this use of children’s personal data in terms of the social location of the self with regard to subjective and objective dimensions. We draw on a map metaphor, in which objective space requires readers to locate themselves in an unknown ‘A-to-B’ space and subjective space provides an individually oriented world of ‘me-to-B’. By drawing on examples of personalized books and their use by parents and young children, we discuss how personalization troubles the borders between readers’ me-to-B and A-to-B space experiences, leading to possible confusion in the sense of self. We conclude by noting that AI-enhanced personalized texts can reduce personal agency with respect to formulating a sense of identity as a child.

Compiling Medical Data into National Medical Databases

2011 ◽  
pp. 228-248
Author(s):  
Boštjan Bercic ◽  
Carlisle George
Keyword(s):  
File Systems ◽  
Personal Data ◽  
Medical Data ◽  
Legal Issues ◽  
Medical Databases ◽  
Eu Legislation ◽  
National Medical ◽  
Access Rights ◽  
Set Up ◽  
The Eu

In recent years, various national medical databases have been set up in the EU from disparate local databases and file systems. Medical records contain personal data and are as such protected by EU and member states’ legislation. Medical data, in addition to being personal data, is also defined in the EU legislation as being especially sensitive and warrants special measures to protect it. It therefore follows that various legal issues and concerns arise in connection with these processes. Such issues relate to the merits of compiling a nationwide database, deciding on who has access to such a database, legitimate uses of medical data held, protection of medical data, and subject access rights amongst others. This chapter examines some of these issues and argues that such databases are inevitable due to technological change; however there are major legal and information security caveats that have to be addressed. Many of these caveats have not yet been resolved satisfactorily, hence making medical databases that already exist problematic.

scholarly journals Between 250 years of free information and 20 years of EU and Internet

2016 ◽  
Vol 10 (1) ◽  
pp. 27
Author(s):  
Inger Österdahl
Keyword(s):  
Personal Data ◽  
Public Access ◽  
Eu Legislation ◽  
The Right To Privacy ◽  
Eu Membership ◽  
The Right ◽  
Private Actors ◽  
Right Of Access ◽  
Access To Documents ◽  
The Eu

<p>The right of access to documents is constitutionally based in Sweden and has a long history. The right of access is considered crucial to Swedish democracy.  On entering the EU in 1995, Sweden declared that public access to official records forms part of Sweden’s constitutional, political and cultural heritage.  The members of the EU for their part declared that they took it for granted that Sweden would fully comply with Community, now Union, law with respect to openness and transparency. Sweden continues to push for transparency when EU legislation potentially containing secrecy clauses is negotiated in the EU.  It turns out, however, that the EU membership does pose challenges to the strong Swedish right of access to documents. The protection of personal data is controversial in Sweden to the extent that the stricter EU legislation clashes with the traditionally weak protection of privacy in Swedish law; the right of access to information has largely overridden the right to privacy. Large amounts of publicly available personal data, amassed in data bases by private actors, for commercial reasons but under the protection of the Swedish constitution, is causing problems especially since the Swedish constitutional law is considered, by Sweden, to precede EU legislation in the field. Sweden will somehow have to solve the dilemmas caused by the differing traditions of transparency between itself and other members of the EU and of other international organizations. Many answers – perhaps converging - will be provided in 2016 by Swedish official inquiries and the EU Regulation.</p><p><span>Article first published online: 22 MARCH 2016</span></p>

Research on business English autonomous learning based on artificial intelligence and improved BP network model

2020 ◽  
pp. 1-12
Author(s):  
Zijuan Chen ◽  
Ying Lian ◽  
Zhipeng Lin
Keyword(s):  
Artificial Intelligence ◽  
Network Model ◽  
Learning Process ◽  
Learning Model ◽  
The Self ◽  
Autonomous Learning ◽  
Functional Modules ◽  
Business English ◽  
Bp Network ◽  
Self Learning

Due to various factors, the learning process of business English is mostly autonomous learning. However, the traditional autonomous learning model is difficult to effectively improve the learning effect of business English. In order to improve the business English learning model, based on artificial intelligence and improved BP network model, this paper builds a business intelligence autonomous learning system with certain intelligence. Moreover, this paper designs functional modules for the characteristics of business English learners, and combines the self-learning needs to facilitate the processing of structural functions, so that students can complete the operation independently. The system sets up multiple functional modules, conducts guided recommendation learning according to the characteristics of the self-learning process, and combines the feedback system to correct the shortcomings in students’ autonomous learning. Through this system, teachers can perform a variety of operations offline and eliminate restrictions on location and teaching time. In addition, in order to verify the performance of the model, the experimental study was conducted by setting up a control group and an experimental group. The research results show that the model constructed in this paper has good performance.

scholarly journals 5G and Digital Sovereignty of the EU: The Slovak Way

2021 ◽  
Vol 11 (2) ◽  
pp. 25-47
Author(s):  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
The State ◽  
5G Networks ◽  
Direct Control ◽  
Eu Legislation ◽  
The World ◽  
The Eu

Abstract Some recent views question the concept of sovereignty (especially the sovereignty of states), arguing that sovereignty is to be abandoned as a historical concept, because it existed in the world of the Westphalian system (created after 1648), where states were the major players, centers of power and objects of interest. Instead, we suggest that sovereignty should be perceived again as a “supreme power” (summa potestas), meaning a return to the pre-Bodinian concept of sovereignty and perceive it as a “power to exert control”. With regard to cyberspace, this does not mean direct control of all entities in the cyberspace, but only those that provide services which are perceived as “essential” or “critical” for the security and interests of the state. That is actually the approach taken with regard to ensuring the safety of 5G networks—through control imposed on the network operators, as required by the respective EU legislation and the EU Toolbox on 5G Networks specifically.

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