scholarly journals “Dispersed” Public Authority in Labour Law: Systematic Dilemmas in Law Continued

2021 ◽  
Vol 28 (1) ◽  
pp. 27-36
Author(s):  
Anna Musiała
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Public Authority ◽  
Labour Law ◽  
Public Interests ◽  
Freedom Of Contract ◽  
Personal Data Protection ◽  
The Social ◽  
Contract Of Employment ◽  
The Eu

The doctrinal discussion on personal data protection regulated by the EU regulation, i.e. the GDPR, appears to re-create a vibrant and never-ending debate on the private law nature of the employer who does not implement the principle of freedom of contract when concluding a contract of employment. Because it is simply an entity pursuing public interests. The social labour inspector is a prototype of data protection officer in the field of labour law. As a matter of fact, he is also executing this “dispersed” public authority in labour law.

scholarly journals Applicable Law to Transnational Personal Data: Trends and Dynamics

2020 ◽  
Vol 21 (6) ◽  
pp. 1283-1308
Author(s):  
Jie (Jeanne) Huang
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Chinese Media ◽  
Applicable Law ◽  
Personal Data Protection ◽  
Regional Coordination ◽  
The Law ◽  
Model Law ◽  
The Right ◽  
The Eu

AbstractThe recent COVID-19 outbreak has pushed the tension of protecting personal data in a transnational context to an apex. Using a real case where the personal data of an international traveler was illegally released by Chinese media, this Article identifies three trends that have emerged at each stage of conflict-of-laws analysis for lex causae: (1) The EU, the US, and China characterize the right to personal data differently; (2) the spread-out unilateral applicable law approach comes from the fact that all three jurisdictions either consider the law for personal data protection as a mandatory law or adopt connecting factors leading to the law of the forum; and (3) the EU and China strongly advocate deAmericanization of substantive data protection laws. The trends and their dynamics provide valuable implications for developing the choice of laws for transnational personal data. First, this finding informs parties that jurisdiction is a predominant issue in data breach cases because courts and regulators would apply the law of the forum. Second, currently, there is no international treaty or model law on choice-of-law issues for transnational personal data. International harmonization efforts will be a long and difficult journey considering how the trends demonstrate not only the states’ irreconcilable interests but also how states may consider these interests as their fundamental values that they do not want to trade off. Therefore, for states and international organizations, a feasible priority is to achieve regional coordination or interoperation among states with similar values on personal data protection.

scholarly journals Information sharing and privacy as a socio-technical phenomenon

2019 ◽  
Vol 28 (3) ◽  
pp. 68-71
Author(s):  
Bernadette Kamleitner ◽  
Mahshid Sotoudeh
Keyword(s):  
Information Sharing ◽  
Data Protection ◽  
Personal Data ◽  
Smart Devices ◽  
Personal Data Protection ◽  
Social Challenge ◽  
The Social ◽  
Wide Range ◽  
Assistant Systems ◽  
Share Information

The present proliferation of portable smart devices and stationary home assistant systems changes the ways in which people share information with each other. Such devices regularly have permission to switch on at any time and can collect a wide range of data in their environment. In consequence, the social challenge of personal data protection is growing and necessitates a better understanding of privacy as an interdependent phenomenon. Interview by Mahshid Sotoudeh (ITA-ÖAW).

scholarly journals Should Fundamental Rights to Privacy and Data Protection be a Part of the EU's International Trade ‘Deals’?

2017 ◽  
Vol 17 (3) ◽  
pp. 477-508 ◽  
Author(s):  
SVETLANA YAKOVLEVA
Keyword(s):  
International Trade ◽  
Data Protection ◽  
Personal Data ◽  
Trade Agreements ◽  
Two Dimensions ◽  
Fundamental Rights ◽  
International Trade Agreements ◽  
Personal Data Protection ◽  
Trade Deals ◽  
The Eu

AbstractThis article discusses ways in which the General Agreement on Trade in Services (GATS) and post-GATS free trade agreements may limit the EU's ability to regulate privacy and personal data protection as fundamental rights. After discussing this issue in two dimensions – the vertical relationship between trade and national and European Union (EU) law, and the horizontal relationship between trade and human rights law – the author concludes that these limits are real and pose serious risks.Inspired by recent developments in safeguarding labour, and environmental standards and sustainable development, the article argues that privacy and personal data protection should be part of, and protected by, international trade deals made by the EU. The EU should negotiate future international trade agreements with the objective of allowing them to reflect the normative foundations of privacy and personal data protection. This article suggests a specific way to achieve this objective.

scholarly journals Projekt reformy ochrony danych osobowych - czy rzeczywiście powstanie jednolity i spójny system?

2014 ◽  
pp. 93-125
Author(s):  
Agnieszka Grzelak
Keyword(s):  
Comparative Analysis ◽  
European Commission ◽  
Data Protection ◽  
Legal Status ◽  
Personal Data ◽  
General System ◽  
Consistent System ◽  
Personal Data Protection ◽  
Criminal Matters ◽  
The Eu

In January 2014 two years passed since the European Commission presented a package of reforms of the system of personal data protection in the EU. Com‑ mission proposed to create, in its opinion, a uniform and consistent system across the EU. The idea of the paper is to answer the question whether the Commission’s proposal to adopt two separate acts (one as a general system, and the second for cooperation in criminal matters and police), should meet the proposed assumptions. In order to analyze that, first the treaty background is presented, then current legal status in the field of personal data in the EU, and finally a comparative analysis of the solutions of the two drafts. The analysis leads to the conclusion that there are serious concerns about the lack of consistency.

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