The Background and the International and Domestic Impact of 'General Data Protection Regulation'

2014 ◽  
Vol 599-601 ◽  
pp. 2173-2177
Author(s):  
Zhi Le He ◽  
Dao Li Huang ◽  
Yun Ting Lei
Keyword(s):  
Data Protection ◽  
New Technology ◽  
Development Trend ◽  
Legal Framework ◽  
General Data Protection Regulation ◽  
The World ◽  
General Data ◽  
New Challenges ◽  
The Development Trend ◽  
Existing Data

With the development of globalization and new technology, it is difficult for the existing data protection framework of EU to adapt to the new challenges inbig data era. The European Commission sought to establish new legal framework to deal with challenges actively, so“General Data Protection Regulation“£ ̈GDPR£©was enacted in November2012. Analysis of GDPR background andthe overview of its impact to the world and Chinaare significant for the dialysis of the development trend of the contemporary data protection and the creation of a safe and reliable onlineenvironment.

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.

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 Potential Application of Biofuel Fuel on the Marine Diesel Engines in Vietnam

2019 ◽  
Vol 4 (8) ◽  
pp. 85-89
Author(s):  
Minh Thai Vu ◽  
Huu Cuong Le
Keyword(s):  
Diesel Engines ◽  
New Technology ◽  
Road Transport ◽  
Development Trend ◽  
Biodiesel Fuel ◽  
Transportation Sector ◽  
The World ◽  
Marine Diesel ◽  
New Type ◽  
The Development Trend

Energy in the transportation sector has become a hot issue all over the world because it can affect the energy security of nations. Finding a new type of energy to replace fossil energy is a top concern of many countries, including biofuels. Over the past two decades, there have been many studies on the use of biodiesel and its mix for diesel engines, the results are very positive. In Vietnam, there have also been studies on the use of biodiesel and its mixes on road transport vehicles. However, in the field of waterway transport, there has not been any specific research. Through a comprehensive synthesis of the application situation and research directions in the world, as well as the ability to produce biodiesel in Vietnam, the article wishes to create a premise to develop more research to find develop new technology solutions to apply clean fuels, especially biofuels on the domestic fleet, in line with the development trend of the world on the use of biodiesel fuel.

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 Criminal justice profiling and EU data protection law: precarious protection from predictive policing

2019 ◽  
Vol 15 (2) ◽  
pp. 162-176 ◽  
Author(s):  
Orla Lynskey
Keyword(s):  
Data Protection ◽  
Legal Framework ◽  
Predictive Policing ◽  
General Data Protection Regulation ◽  
Court Of Justice ◽  
Specific Assessment ◽  
General Data ◽  
Data Protection Law ◽  
Context Specific ◽  
The Eu

AbstractThis paper examines the application of the latest iterations of EU data protection law – in the General Data Protection Regulation, the Law Enforcement Directive and the jurisprudence of the Court of Justice of the EU – to the use of predictive policing technologies. It suggests that the protection offered by this legal framework to those impacted by predictive policing technologies is, at best, precarious. Whether predictive policing technologies fall within the scope of the data protection rules is uncertain, even in light of the expansive interpretation of these rules by the Court of Justice of the EU. Such a determination would require a context-specific assessment that individuals will be ill-placed to conduct. Moreover, even should the rules apply, the substantive protection offered by the prohibition against automated decision-making can be easily sidestepped and is subject to significant caveats. Again, this points to the conclusion that the protection offered by this framework may be more illusory than real. This being so, there are some fundamental questions to be answered – including the question of whether we should be building predictive policing technologies at all.

New Boundaries for the Right to Be Forgotten?

2020 ◽  
pp. 302-314
Author(s):  
Federica Casarosa ◽  
Dianora Poletti
Keyword(s):  
Supreme Court ◽  
Data Protection ◽  
Legal Framework ◽  
General Data Protection Regulation ◽  
National Courts ◽  
Right To Be Forgotten ◽  
The Supreme Court ◽  
General Data ◽  
Grand Chamber ◽  
The Right

The right to be forgotten has come to the forefront of the academic debate as a reaction to Court of Justice's decision in case C-507/17 Google LLC c. CNIL concerning the issue of geographical extension of the delisting obligation. Along with the development of CJEU jurisprudence, national courts have developed their own caselaw interpreting and adapting the right to be forgotten, now included in art 17 of the General Data Protection Regulation, to the pre-existing legal framework. Italian courts, and in particular the Italian Supreme Court, have addressed in several occasions the features and facets of the right to be forgotten, and the recent decision of the Grand Chamber (n. 19681, 22 July 2019) is the last though not the least. Starting form this decision, the chapter will analyse how the Supreme Court has attempted to systematise the right to be forgotten distinguishing what is called the traditional application of the right from the ones emerging in the digital context.

Data Protection and the Patient’s Right to Safety

2014 ◽  
Vol 21 (3) ◽  
pp. 260-270
Author(s):  
Jean Herveg
Keyword(s):  
Quality Control ◽  
Information Systems ◽  
Data Quality ◽  
Data Protection ◽  
Legal Framework ◽  
General Data Protection Regulation ◽  
Patient’S Rights ◽  
Control Procedures ◽  
Efficient Information ◽  
General Data

The article investigates the issue of knowing whether or not the proposal for a general data protection regulation could improve the patient’s safety. This has been analyzed through the four main contributions that should be expected at least from data protection to the patient’s safety. In our view, data protection should help supporting efficient information systems in healthcare, increasing data quality, strengthening the patient’s rights and drawing the legal framework for performing quality control procedures. Compared to the current legal framework, it is not sure that the proposal might improve any of these contributions to the patient’s safety.

scholarly journals IoT and Smart Home Data Breach Risks from the Perspective of Data Protection and Information Security Law

2020 ◽  
Vol 11 (3) ◽  
pp. 167-185
Author(s):  
Goran Vojković ◽  
Melita Milenković ◽  
Tihomir Katulić
Keyword(s):  
Information Security ◽  
Data Protection ◽  
Smart Home ◽  
Personal Information ◽  
Legal Framework ◽  
Smart Devices ◽  
General Data Protection Regulation ◽  
General Data ◽  
Data Controller ◽  
Security Incidents

AbstractBackgroundIoT and smart devices have become extremely popular in the last few years. With their capabilities to collect data, it is reasonable to have concerns about the protection of users’ personal information and privacy in general.ObjectivesComparing existing regulations on data protection and information security rules with the new capabilities provided by IoT and smart devices.Methods/approachThis paper will analyse information on data collected by IoT and smart devices and the corresponding legal framework to explore whether the legal framework also covers these new devices and their functionalities.ResultsVarious IoT and smart devices pose a high risk to an individual's privacy. The General Data Protection Regulation, although a relatively recent law, may not adequately regulate all instances and uses of this technology. Also, due to inadequate technological protection, abuse of such devices by unauthorized persons is possible and even likely.ConclusionsThe number of IoT and smart devices is rapidly increasing. The number of IoT and smart home device security incidents is on the rise. The regulatory framework to ensure data controller and processor compliance needs to be improved in order to create a safer environment for new innovative IoT services and products without jeopardizing the rights and freedoms of data subjects. Also, it is important to increase awareness of homeowners about potential security threats when using IoT and smart devices and services.

Blockchain can both enhance and undermine compliance but is not inherently at odds with EU privacy laws

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lokke Moerel ◽  
Marijn Storm
Keyword(s):  
Data Protection ◽  
Design Methodology ◽  
New Technology ◽  
Extensive Experience ◽  
Content Type ◽  
General Data Protection Regulation ◽  
Blockchain Technology ◽  
Privacy Laws ◽  
General Data ◽  
The Eu

Purpose To explain the authors’ position that the use of blockchain technology is not incompatible with European Union privacy laws and in particular the EU General Data Protection Regulation (GDPR). Design/methodology/approach Explains the basics of blockchain technology and the GDPR, several reasons why some scholars consider BC not to be compatible with the GDPR, and why the authors believe that the GDPR will be able to regulate the use of blockchain technology. Findings The current perception is that blockchain is not compatible with EU privacy laws. The authors disagree that this is the case and explain why none of the issues identified by legal scholars and stakeholders are likely to pose issues for blockchain technology. Their conclusion is that EU privacy laws are well able to regulate also this new technology. This does however not mean that blockchain will thus be suitable for all use and deployment cases. Originality/value Practical guidance and explanation of complex issues by lawyers with extensive experience and expertise in dealing with data protection, cybersecurity, privacy, intellectual property and related issues.

22. Data protection: the legal framework

2019 ◽  
pp. 565-594
Author(s):  
Andrew Murray
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Personal Privacy ◽  
General Data Protection Regulation ◽  
Key Concepts ◽  
General Data ◽  
Geographical Scope

This chapter examines data protection, digitization of data, its implications for personal privacy, and the regulation of data industries. It begins by discussing the current law found in the General Data Protection Regulation and the Data Protection Act 2018. It examines the key concepts of data controllers, data processors, and data subjects, and discusses the conditions for the processing of personal data. This includes an examination of key cases such as Nowak v Data Protection Commissioner and Bodil Lindqvist. It looks at the geographical scope of the GDPR and the extraterritorial effect of the Regulation, and examines the domestic purposes exemption after Ryneš.

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