scholarly journals How to protect data in the face of remote operation?

2020 ◽  
pp. 25-29
Author(s):  
Marlena Wach
Keyword(s):  
Data Protection ◽  
Operation Mode ◽  
Personal Data ◽  
Medical Data ◽  
Business Continuity ◽  
Remote Operation ◽  
The Face ◽  
Potential Customers ◽  
Epidemiological Situation

The current epidemiological situation has a stigma on entrepreneurs, posing challenges related to maintaining business continuity. In previous articles on the protection of personal data, we focused, among others on the reduction of biological exposure of employees or the protection of personal data as part of the collection of medical data of employees and customers / potential customers of enterprises by entrepreneurs. However, these aspects focus on situations where the presence of employees in workplaces is essential. So what is the data protection situation for entities in which it is possible to transfer all or some part of their activities to remote mode and what rules should be followed? Keywords: Remote operation mode; Epidemic; Undertaking

Regulatory Challenges of Data Mining Practices: The Case of the Never-ending Lifecycles of ‘Health Data’

2018 ◽  
Vol 25 (3) ◽  
pp. 284-307
Author(s):  
Giovanni Comandè ◽  
Giulia Schneider
Keyword(s):  
Data Mining ◽  
Data Protection ◽  
Personal Data ◽  
Health Data ◽  
General Level ◽  
General Data Protection Regulation ◽  
The Face ◽  
General Data ◽  
Level Of Analysis

Abstract Health data are the most special of the ‘special categories’ of data under Art. 9 of the General Data Protection Regulation (GDPR). The same Art. 9 GDPR prohibits, with broad exceptions, the processing of ‘data concerning health’. Our thesis is that, through data mining technologies, health data have progressively undergone a process of distancing from the healthcare sphere as far as the generation, the processing and the uses are concerned. The case study aims thus to test the endurance of the ‘special category’ of health data in the face of data mining technologies and the never-ending lifecycles of health data they feed. At a more general level of analysis, the case of health data shows that data mining techniques challenge core data protection notions, such as the distinction between sensitive and non-sensitive personal data, requiring a shift in terms of systemic perspectives that the GDPR only partly addresses.

scholarly journals DIGITAL TRANSFORMATION OF HEALTH INSURANCE IN THE CONTEXT OF PERSONAL DATA PROTECTION

2021 ◽  
Author(s):  
Tonina Yaneva ◽  
Keyword(s):  
Sustainable Development ◽  
Health Insurance ◽  
Data Protection ◽  
Personal Data ◽  
Digital Transformation ◽  
Good Image ◽  
Personal Data Protection ◽  
Protection Legislation ◽  
Potential Customers

The digital transformation is one of the most important determinants of sustainable development. In response to the increased consumers' requirements, the insurers face the challenge to adapt digital innovations in their activity in accordance with the requirements of current and potential customers' personal data protection legislation and at the same time to maintain a good image and high trust among them.

Summary and Conclusion

2020 ◽  
pp. 471-478
Author(s):  
Jef Ausloos
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Central Question ◽  
Power Asymmetries ◽  
The Face ◽  
The Right ◽  
Data Subject

The last chapter of this book summarises the main points of all individual chapters. As such, it tries to frame a more comprehensive answer to the central question throughout the book: i.e. does the right to erasure meaningfully contribute to safeguarding the fundamental right to data protection in the face of online power asymmetries? In traditional lawyer-fashion, the answer is 'yes... but', with the 'but' referring to several potential hurdles that might obstruct an effective exercise of the right to erasure. Importantly, data subject rights can be powerful tools not just to safeguard the fundamental right to data protection, but many other Charter provisions as well. The chapter concludes that the right to data protection not only implies the freedom to proactively control one's personal data, but also safeguards that freedom from being effectively usurped (e.g. by commercial, technological or bureaucratic forces). The GDPR contributes to this aim both by concrete empowerment tools, as well as by turning the processing of personal data into a liability.

A Process-based Approach to Informational Privacy and the Case of Big Medical Data

2019 ◽  
Vol 20 (1) ◽  
pp. 257-290 ◽  
Author(s):  
Michael Birnhack
Keyword(s):  
Big Data ◽  
Data Processing ◽  
Human Dignity ◽  
Data Protection ◽  
Linear Logic ◽  
Personal Data ◽  
Medical Data ◽  
Informational Privacy ◽  
Ex Post ◽  
Data Protection Law

Abstract Data protection law has a linear logic, in that it purports to trace the lifecycle of personal data from creation to collection, processing, transfer, and ultimately its demise, and to regulate each step so as to promote the data subject’s control thereof. Big data defies this linear logic, in that it decontextualizes data from its original environment and conducts an algorithmic nonlinear mix, match, and mine analysis. Applying data protection law to the processing of big data does not work well, to say the least. This Article examines the case of big medical data. A survey of emerging research practices indicates that studies either ignore data protection law altogether or assume an ex post position, namely that because they are conducted after the data has already been created in the course of providing medical care, and they use de-identified data, they go under the radar of data protection law. These studies focus on the end-point of the lifecycle of big data: if sufficiently anonymous at publication, the previous steps are overlooked, on the claim that they enjoy immunity. I argue that this answer is too crude. To portray data protection law in its best light, we should view it as a process-based attempt to equip data subjects with some power to control personal data about them, in all phases of data processing. Such control reflects the underlying justification of data protection law as an implementation of human dignity. The process-based approach fits current legal practices and is justified by reflecting dignitarian conceptions of informational privacy.

Importance of Personal Data Protection Law for Commercial Air Transport

2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura
Keyword(s):  
Data Protection ◽  
Public Information ◽  
Personal Data ◽  
Air Transport ◽  
Civil Aviation ◽  
Aviation Industry ◽  
Personal Data Protection ◽  
It Systems ◽  
Data Protection Law ◽  
The Law

Abstract In the review below the author presents a general overview of the selected contemporary legal issues related to the present growth of the aviation industry and the development of aviation technologies. The review is focused on the questions at the intersection of aviation law and personal data protection law. Massive processing of passenger data (Passenger Name Record, PNR) in IT systems is a daily activity for the contemporary aviation industry. Simultaneously, since the mid- 1990s we can observe the rapid growth of personal data protection law as a very new branch of the law. The importance of this new branch of the law for the aviation industry is however still questionable and unclear. This article includes the summary of the author’s own research conducted between 2011 and 2017, in particular his audits in LOT Polish Airlines (June 2011-April 2013) and Lublin Airport (July - September 2013) and the author’s analyses of public information shared by International Civil Aviation Organization (ICAO), International Air Transport Association (IATA), Association of European Airlines (AEA), Civil Aviation Authority (ULC) and (GIODO). The purpose of the author’s research was to determine the applicability of the implementation of technical and organizational measures established by personal data protection law in aviation industry entities.

Problems of establishment and development of the Institution of personal data protection in the Russian Federation: historical-legal aspect

2020 ◽  
pp. 28-35
Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich
Keyword(s):  
Russian Federation ◽  
Data Protection ◽  
Information Technologies ◽  
Legal Aspect ◽  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Russian Society ◽  
Personal Data Protection ◽  
The Russian Federation

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.

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