scholarly journals Wearable Technologies and Smart Clothes in the Fashion Business: Some Issues Concerning Cybersecurity and Data Protection

Laws ◽  
2020 ◽  
Vol 9 (2) ◽  
pp. 12
Author(s):  
Giovanni Ziccardi
Keyword(s):  
Data Protection ◽  
Legal Framework ◽  
Wearable Devices ◽  
Point Of View ◽  
Fundamental Rights ◽  
Management Policy ◽  
Digital Society ◽  
General Data Protection Regulation ◽  
Need To Evaluate ◽  
The Individual

Wearable devices and smart clothes give rise to pivotal technological and legal issues in the fashion business. The cybersecurity attention in the digital society, and the advent of General Data Protection Regulation No. 2016/679 (GDPR) in the European, and global, legal framework, implied the need to evaluate which norms and aspects of the European Regulation could apply to wearable devices, which are becoming more and more invasive. Wearable devices are, first of all (and from a data protection point of view), intrusive tools that can put users’ personal (and intimate) data at risk. In particular, we will discuss the aspects of the spread of an accountability “culture” (also) in the fashion business, the need for correct management policy of data breaches, the rights of transparency for users/customers who are using wearable devices and smart clothes, and respect for the dignity and nondiscrimination of the individual during the data collection and processing. These are, all, fundamental points: the protection of the individual’s data in the digital landscape is, in fact, strictly connected to the protection of his/her fundamental rights in the modern digital society.

EU Data Protection Law: The Review of Directive 95/46/EC and the General Data Protection Regulation

2017 ◽  
Author(s):  
Peter Hustinx
Keyword(s):  
Data Protection ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Full Potential ◽  
General Data Protection Regulation ◽  
Gradual Development ◽  
Charter Of Fundamental Rights ◽  
General Data ◽  
Data Protection Law ◽  
The Difference

This chapter looks at the origins and the current state of EU data protection law, and highlights the context of the ongoing review of Directive 95/46/EC as its key instrument, as well as the main lines of the proposed General Data Protection Regulation which will replace the Directive in the near future. The analysis shows a gradual development along two lines: one aiming at stronger rights in order to provide more effective protection, and one ensuring more consistent application of those rights across the EU. It also demonstrates the increasing impact of the Charter of Fundamental Rights, both in the case law of the Court of Justice and in the review of the legal framework. At the same time, it is argued that a lack of awareness of the difference in character between Articles 7 and 8 of the Charter could prevent Article 8 from reaching its full potential.

scholarly journals Mass data gathering and surveillance: the fight against facial recognition technology in the globalized world

2020 ◽  
Vol 74 ◽  
pp. 03006
Author(s):  
Irena Nesterova
Keyword(s):  
San Francisco ◽  
Data Protection ◽  
Facial Recognition ◽  
Data Gathering ◽  
Legal Framework ◽  
Fundamental Rights ◽  
General Data Protection Regulation ◽  
The Us ◽  
The Impact ◽  
The Eu

The growing use of facial recognition technologies has put them under the regulatory spotlight all around the world. The EU considers to regulate facial regulation technologies as a part of initiative of creating ethical and legal framework for trustworthy artificial intelligence. These technologies are attracting attention of the EU data protection authorities, e.g. in Sweden and the UK. In May, San Francisco was the first city in the US to ban police and other government agencies from using facial recognition technology, soon followed by other US cities. The paper aims to analyze the impact of facial recognition technology on the fundamental rights and values as well as the development of its regulation in Europe and the US. The paper will reveal how these technologies may significantly undermine fundamental rights, in particular the right to privacy, and may lead to prejudice and discrimination. Moreover, alongside the risks to fundamental rights a wider impact of these surveillance technologies on democracy and the rule of law needs to be assessed. Although the existing laws, in particular the EU General Data Protection Regulation already imposes significant requirements, there is a need for further guidance and clear regulatory framework to ensure trustworthy use of facial recognition technology.

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 La libertad de información como límite al derecho a la protección de datos personales: la excepción periodística

2015 ◽  
pp. 377
Author(s):  
Cristina Pauner Chulvi
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Freedom Of Information ◽  
Member States ◽  
General Data Protection Regulation ◽  
Personal A ◽  
The Media ◽  
The Right

La aplicación indiscriminada de la normativa sobre el derecho a la protección de datos de carácter personal a los medios de comunicación puede suponer una restricción excesiva de la libertad de información, uno de los elementos más característicos del patrimonio jurídico de las sociedades democráticas. En el intento de lograr un equilibrio entre ambos derechos fundamentales, el régimen europeo en materia de protección de datos —la actual Directiva 95/46/CE y la Propuesta de Reglamento General de Protección de Datos— contemplan la denominada excepción periodística que autoriza a los Estados miembros a establecer limitaciones a la aplicación de determinadas disposiciones. El presente artículo analiza el concepto y alcance de la mencionada excepción en las normas europeas y en las legislaciones de los Estados miembros que, en transposición de la Directiva, han incorporado el reconocimiento de la excepción periodística.Indiscriminate application to the media of the rules on the right to data protection may cause excessive restriction of freedom of information, one of the most characteristic items of the legal heritage of democratic societies. In an attempt to strike a balance between the two fundamental rights, the European legal framework for the protection of personal data — the current Directive 95/46/EC and the proposed General Data Protection Regulation — provide for the so-called journalism exemption which allows Member States to establish exemptions to the application of certain provisions. This article analyses the concept and scope of this exemption in the European regulations and in the legislation of the Member States which have transposed the Directive into their national law and have thus incorporated recognition of the journalism exemption.

scholarly journals Data protection for networked and robotic toys - a legal perspective

2018 ◽  
Vol 27 ◽  
Author(s):  
Rocco Panetta ◽  
Federico Sartore
Keyword(s):  
Data Protection ◽  
Codes Of Conduct ◽  
Personal Data ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Security Measures ◽  
General Data Protection Regulation ◽  
Legal Perspective ◽  
Psychological Maturity ◽  
Iot Devices

This paper is aimed to understand the state of the art and the resulting consequences of the legal framework in Europe, with regard to the protection of children's data. Especially when they interact with networked and robotic toys, like in 'My friend Cayla' case. In order to evaluate the practical implications of the use of IoT devices by children or teenager users, the first part of the paper presents an analysis of the international guiding principles of the protection of minors, a category which enjoys a higher level of protection of their fundamental rights, due to their condition of lack of physical and psychological maturity. Secondly, the focus is moved upon the protection of personal data of children. Only after confronting previous data protection legal instruments and having compared them with the novelties set forth in General Data Protection Regulation, it is reasonable to assume that new provisions such as "privacy by design" principle, adequacy of security measures and codes of conduct, can support data controllers in ensuring compliance (in line with the accountability principle) in the field of IoT toys. In conclusion, the paper supports a view of Data Protection Authorities as a relevant player in enhancing these renovated tools in order to achieve the protection of children's rights, as to ensure their substantial protection against the threats of the interconnected world.

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.

In/acceptable marketing and consumers' privacy expectations: four tests from EU data protection law

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Gianclaudio Malgieri
Keyword(s):  
Data Protection ◽  
Legal Framework ◽  
Online Marketing ◽  
Step Test ◽  
The European Union ◽  
Content Type ◽  
General Data Protection Regulation ◽  
Managerial Implications ◽  
Data Protection Law ◽  
Legal Frameworks

Purpose This study aims to discover the legal borderline between licit online marketing and illicit privacy-intrusive and manipulative marketing, considering in particular consumers’ expectations of privacy. Design/methodology/approach A doctrinal legal research methodology is applied throughout with reference to the relevant legislative frameworks. In particular, this study analyzes the European Union (EU) data protection law [General Data Protection Regulation (GDPR)] framework (as it is one of the most advanced privacy laws in the world, with strong extra-territorial impact in other countries and consequent risks of high fines), as compared to privacy scholarship on the field and extract a compliance framework for marketers. Findings The GDPR is a solid compliance framework that can help to distinguish licit marketing from illicit one. It brings clarity through four legal tests: fairness test, lawfulness test, significant effect test and the high-risk test. The performance of these tests can be beneficial to consumers and marketers in particular considering that meeting consumers’ expectation of privacy can enhance their trust. A solution for marketers to respect and leverage consumers’ privacy expectations is twofold: enhancing critical transparency and avoiding the exploitation of individual vulnerabilities. Research limitations/implications This study is limited to the European legal framework scenario and to theoretical analysis. Further research is necessary to investigate other legal frameworks and to prove this model in practice, measuring not only the consumers’ expectation of privacy in different contexts but also the practical managerial implications of the four GDPR tests for marketers. Originality/value This study originally contextualizes the most recent privacy scholarship on online manipulation within the EU legal framework, proposing an easy and accessible four-step test and twofold solution for marketers. Such a test might be beneficial both for marketers and for consumers’ expectations of privacy.

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.

Protecting Genetic Privacy in Biobanking through Data Protection Law

2021 ◽  
Author(s):  
Dara Hallinan
Keyword(s):  
Data Protection ◽  
Critical Infrastructure ◽  
Legal Framework ◽  
Privacy Rights ◽  
Genetic Privacy ◽  
General Data Protection Regulation ◽  
General Data ◽  
Research Biobanks ◽  
The Subject ◽  
Data Protection Law

Biobanks are critical infrastructure for medical research. Biobanks, however, are also the subject of considerable ethical and legal uncertainty. Given that biobanks process large quantities of genomic data, questions have emerged as to how genetic privacy should be protected. What types of genetic privacy rights and rights holders should be protected and to what extent? Since 25 May 2018, the General Data Protection Regulation (GDPR) has applied and now occupies a key position in the European legal framework for the regulation of biobanking. This book takes an in-depth look at the function, problems, and opportunities presented by European data protection law under the GDPR as a framework for the protection of genetic privacy in biobanking. It argues that the substantive framework presented by the GDPR already offers an admirable baseline level of protection for the range of genetic privacy rights engaged by biobanking. The book further contends that while numerous problems with this standard of protection are indeed identifiable, the GDPR offers the flexibility to accommodate solutions to these problems, as well as the procedural mechanisms to realise these solutions.

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