scholarly journals Data protection vs using emerging technologies : How to fight against COVID-19 while staying legally compliant

2021 ◽  
Vol 11 (5) ◽  
pp. 332-343
Author(s):  
Szilvia Váradi

The pandemic situation caused by the SARS-CoV-2 virus has changed our lives significantly. Recent research has shown that seeking competent and advanced technological solutions to combat the COVID-19 pandemic is crucial to address not only this pandemic situation, but similar epidemics and pandemics in the future as well. However, the legal compliance of their application especially with European data protection legislation can be challenging. In this work, we would like to highlight the relevant data protection provisions of the Council of Europe and the European Union, which should be borne in mind while using digital solutions to fight against the pandemic. In the second part of our paper, we will analyse the main challenges of the three most frequently used emerging technologies from data protection point of view. As a result of our research, we can state that the main problem is to meet the requirement of data minimisation. In case the source data is not accurate, the results might be ineffective, unreliable or it may lead to data breaches. Therefore, to solve this paradox, we emphasize the importance of the data protection by design approach.

Hypertension ◽  
2021 ◽  
Vol 77 (4) ◽  
pp. 1029-1035
Author(s):  
Antonia Vlahou ◽  
Dara Hallinan ◽  
Rolf Apweiler ◽  
Angel Argiles ◽  
Joachim Beige ◽  
...  

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.


Author(s):  
Mark G. Lycett ◽  
Athanasia Pouloudi

This chapter focuses on the issues raised by component-based development in the light of new data protection legislation recently introduced in the European Union. Component-based development has been proposed as a software engineering approach that can enable the development of flexible and evolutionary systems. The approach aims at the dynamic composition of information systems from pre-fabricated heterogeneous software components. The integration of components, however, potentially creates ethical issues as data need to be exchanged without the users or developers knowing which components will use what data and when. Our discussion unveils a complex ethical debate with important implications for data controllers and information systems developers.


2020 ◽  
Vol 3 (2) ◽  
pp. 101
Author(s):  
Francisco Javier Durán Ruiz

The importance of cities and their populations grow more and more, as well as the need to apply ICT in their management to reduce their environmental impact and improve the services they offer to their citizens. Hence the concept of smart city arises, a transformation of urban spaces that the European Union is strongly promoting which is largely based on the use of data and its treatment using Big data and Artificial Intelligence techniques based in algorithms. For the development of smart cities it is basic, from a legal point of view, EU rules about open data and the reuse of data and the reconciliation of the massive processing of citizens' data with the right to privacy, non-discrimination and protection of personal data. The use of Big data and AI needed for the development of smart city projects requires a particular respect to data protection regulations. In this sense, the research explores in depth the specific hazards of vulnerating this fundamental right in the framework of smart cities due to the use of Big Data and AI.


2021 ◽  
Vol 12 ◽  
pp. 59-66
Author(s):  
Marta Mackeviča ◽  

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.


2021 ◽  
Vol 11 (4) ◽  
pp. 4898-4912
Author(s):  
Surya Prakash Biswal ◽  
Mugdha S Kulkarni

In the present digital era, organizations worldwide are facing several opportunities and challenges in safeguarding and preserving significant data that are essential in the efficient functioning of organizational activities. Organizations have realized and understood the importance of data collection and analysis to influence target achievements and meet futuristic demands. Many small-scale enterprises and start-ups have also initiated decisions to implement technologies that enable a positive long-term impact. Due to these requirements, the General Data Protection Regulation (GDPR) implementation has become a necessity to ensure future sustenance and functionality of existing and growing organizations. The operational activities in the organizational environment are forced to comply with the general data protection regulation policies and framework. The European Union general data protection regulation, which was imposed in May 2018 (European Union General Data Protection Regulation, 2016), has proven to be effective, both within the country's internal boundaries and globally. However, many organizations are still not familiar with the general data protection regulation compliance policies. The emergence of general data protection regulation has been a recent interest in the activities of various organizational sectors as they are attempting to understand the policies and compliance requirements on the implementation of GDPR applications. The research intends to explore the implications between the GDPR and emerging technologies and suggests various recommendations for organizations to implement and follow the GDPR guidelines that could enhance organizational activities.


2018 ◽  
Author(s):  
Steven Greer ◽  
Janneke Gerards ◽  
Rose Slowe

2020 ◽  
Vol 8 (1) ◽  
pp. 103-122
Author(s):  
Ewa Kaczan-Winiarska

The Austrian government is extremely sceptical about the accession negotiations which are conducted by the European Commission on behalf of the European Union with Turkey and calls for the negotiation process to end. Serious reservations of Vienna have been raised by the current political situation in Turkey under the rule of President Recep Tayyip Erdogan, as well as by the standards of democracy in Turkey, which differ greatly from European standards. Serious deficiencies in rule of law, freedom of speech and independence of the judiciary, confirmed in the latest European Commission report on Turkey, do not justify, from Vienna’s point of view, the continuation of talks with Ankara on EU membership. In fact, Austria’s scepticism about the European perspective for Turkey has a longer tradition. This was marked previously in 2005 when the accession negotiations began. Until now, Austria’s position has not had enough clout within the European arena. Pragmatic cooperation with Turkey as a strategic partner of the EU, both in the context of the migration crisis and security policy, proved to be a key factor. The question is whether Austria, which took over the EU presidency from 1.7.2018, will be able to more strongly accentuate its reservations about Turkey and even build an alliance of Member States strong enough to block Turkey’s accession process.


2017 ◽  
Vol 9 (4) ◽  
pp. 163
Author(s):  
Celeste Perrucchini ◽  
Hiroshi Ito

Empirical evidence suggests an overall convergence in terms of GDP and per capita income occurring among the European Union (EU) Member States. Nevertheless, economic inequalities have been increasing at the regional level within European Union countries. Through the review of relevant literature, this study analyzes the increasing inequalities from an economical point of view, focusing on Italy and the UK as examples. First, a general overlook of the empirical evidence of the GDP and per capita income at national and sub-national levels will be presented. Second, an explanation of the possible causes of the results will be proposed through the use of economical and sociological theories. The findings of this research might uncover the relative inefficacy of EU Cohesion policies and point towards the necessity for deeper and more thoughtful measures to continue the convergence of Member States while preserving internal equilibria. This paper ends with discussions for the future directions of the EU.


Public Health ◽  
2012 ◽  
Vol 126 (3) ◽  
pp. 253-255 ◽  
Author(s):  
R. Saracci ◽  
J. Olsen ◽  
A. Seniori-Costantini ◽  
R. West

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