scholarly journals Brief explanations on EU Directive no. 680/27.04.2016 in the field of personal data processing

2021 ◽  
Vol 26 ◽  
pp. 424-429
Author(s):  
Dragoș Mihail Mănescu
Keyword(s):  
Law Enforcement ◽  
Data Processing ◽  
National Security ◽  
Data Protection ◽  
General Framework ◽  
Personal Data ◽  
Judicial System ◽  
Personal Data Protection ◽  
Eu Directive

The processing of personal data is regulated by Directive 680/2016 when it is carried out by national security institutions or by law enforcement bodies. The Directive establishes the general framework for exemption from the principles of personal data protection enacted by the GDPR, establishing a restrictive and reasoned temporary derogation, considered indispensable for carrying out activities aimed at ensuring national security or the national judicial system, as well as prevention, detection and combating crime.

scholarly journals Changing Mobility Lifestyle

2021 ◽  
Vol 10 (2) ◽  
pp. 66-79
Author(s):  
Vít Pászto ◽  
Jaroslav Burian ◽  
Karel Macků
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Personal Data ◽  
Detailed Data ◽  
Real Motion ◽  
The Real ◽  
Location Service ◽  
Motion Data ◽  
Personal Data Protection ◽  
Analytical Processing

The article is focused on a detailed micro-study describing changes in the behaviour of the authors in three months before and during the COVID-19 pandemic. The study is based on data from Google Location Service. Despite the fact it evaluates only three people and the study cannot be sufficiently representative, it is a unique example of possible data processing at such a level of accuracy. The most significant changes in the behaviour of authors before and during the COVID-19 quarantine are described and interpreted in detail. Another purpose of the article is to point out the possibilities of analytical processing of Google Location while being aware of personal data protection issues. The authors recognize that by visualizing the real motion data, one partially discloses their privacy, but one considers it very valuable to show how detailed data Google collects about the population and how such data can be used effectively.

scholarly journals Delegation-Based Personal Data Processing Request Notarization Framework for GDPR Based on Private Blockchain

2021 ◽  
Vol 11 (22) ◽  
pp. 10574
Author(s):  
Sung-Soo Jung ◽  
Sang-Joon Lee ◽  
Ieck-Chae Euom
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Data Privacy ◽  
Personal Data ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Compliance Audit ◽  
General Data ◽  
Data Controller ◽  
Data Subject

With the growing awareness regarding the importance of personal data protection, many countries have established laws and regulations to ensure data privacy and are supervising managements to comply with them. Although various studies have suggested compliance methods of the general data protection regulation (GDPR) for personal data, no method exists that can ensure the reliability and integrity of the personal data processing request records of a data subject to enable its utilization as a GDPR compliance audit proof for an auditor. In this paper, we propose a delegation-based personal data processing request notarization framework for GDPR using a private blockchain. The proposed notarization framework allows the data subject to delegate requests to process of personal data; the framework makes the requests to the data controller, which performs the processing. The generated data processing request and processing result data are stored in the blockchain ledger and notarized via a trusted institution of the blockchain network. The Hypderledger Fabric implementation of the framework demonstrates the fulfillment of system requirements and feasibility of implementing a GDPR compliance audit for the processing of personal data. The analysis results with comparisons among the related works indicate that the proposed framework provides better reliability and feasibility for the GDPR audit of personal data processing request than extant methods.

scholarly journals Data Protection and the EPPO

2019 ◽  
Vol 10 (1) ◽  
pp. 34-43
Author(s):  
Paul De Hert ◽  
Vagelis Papakonstantinou
Keyword(s):  
Law Enforcement ◽  
Data Processing ◽  
Data Protection ◽  
Personal Data ◽  
The European Union ◽  
Specific Level ◽  
European Public ◽  
Regulatory Model ◽  
Regulatory Landscape ◽  
The Eu

The European Public Prosecutor’s Office (the ‘EPPO’) necessarily processes personal data in order to fulfil its mission; As such, it falls squarely within the European Union (EU) data protection regulatory landscape. However, because the EU data protection regulatory landscape itself is currently found at a crossroads, an analysis of the EPPO data protection model may be twofold: First, placing it within the proper cross-organization dialogue currently taking place on the future regulatory model of personal data processing for law enforcement purposes carried out at EU level. Second, at an EPPO-specific level, whereby the actual data protection regime afforded to it may be assessed. This article purports to elaborate upon the above two data protection dimensions of EPPO personal data processing activities: It presents considerations and policy options during the lawmaking period that resulted in the establishment of the EPPO, it analyses the data protection regime ultimately awarded to it and attempts to, critically, place the EPPO data protection model within its proper operational and legislative environment.

PERSONAL DATA PROTECTION AND RESEARCH ACTIVITIES: EU LEGAL REGULATION EXPERIENCE

2019 ◽  
pp. 186-194
Author(s):  
A. G. Barabashev ◽  
D. V. Ponomareva
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
The European Union ◽  
Personal Data Protection ◽  
Research Activities ◽  
Special Rules ◽  
Biometric Information

Legal regulation of the use of personal data is essential in ensuring the quality of scientific research. Regulation of the European Parliament and of the Council of the European Union No. 2016/679 of April 27, 2016 «On the protection of natural persons with regard to the processing of personal data and on the free movement of such data», repealing Directive 95/46/EC, aims to unify the standards governing the protection of human rights to privacy, certain conditions beyond. This novel, introduced by the Regulation in the EU legal framework, complements and updates the acquis communautaire achieved within the framework of Directive 95/46/EC on personal data protection. The Regulation establishes both general rules applicable to any type of personal data processing and special rules applicable to the analysis of certain categories of personal data, such as information obtained during clinical trials. This paper provides an overview of new standards (in force since May 2018) that regulate aspects of personal data processing in the context of research activities (personal health data, genetic, biometric information, etc.)

THE PROBLEM OF PROTECTION OF PERSONAL DATA IN LOCAL GOVERNMENT ELECTIONS IN 2018

2020 ◽  
Vol 3 (XX) ◽  
pp. 193-208
Author(s):  
Wojciech Papis
Keyword(s):  
Local Government ◽  
Data Processing ◽  
Data Protection ◽  
Personal Data ◽  
Electoral Process ◽  
Personal Data Protection ◽  
Electoral Law

This article is intended by the author as an attempt to review and assess the adaptation of the provisions of broadly defined electoral law in terms of its adaptation and the effectiveness of personal data protection. The author indicates in this study how extensive the scope of personal data collected in the electoral process is, and also how many data processing operations are performed on the data collected during this process. It rises and indicates imperfections of regulations – more accurately, consisting in their imprecision, which may result in a decrease in the effectiveness of actions aimed at protecting personal data of both voters and candidates in elections.

scholarly journals Recommendations for Creating Codes of Conduct for Processing Personal Data in Biobanking Based on the GDPR art.40

2021 ◽  
Vol 12 ◽  
Author(s):  
Dorota Krekora-Zając ◽  
Błażej Marciniak ◽  
Jakub Pawlikowski
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Codes Of Conduct ◽  
Code Of Conduct ◽  
Personal Data ◽  
Specific Area ◽  
Research Infrastructure ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Polish Code

Personal data protection has become a fundamental normative challenge for biobankers and scientists researching human biological samples and associated data. The General Data Protection Regulation (GDPR) harmonises the law on protecting personal data throughout Europe and allows developing codes of conduct for processing personal data based on GDPR art. 40. Codes of conduct are a soft law measure to create protective standards for data processing adapted to the specific area, among others, to biobanking of human biological material. Challenges in this area were noticed by the European Data Protection Supervisor on data protection and Biobanking and BioMolecular Resources Research Infrastructure–European Research Infrastructure Consortium (BBMRI.ERIC). They concern mainly the specification of the definitions of the GDPR and the determination of the appropriate legal basis for data processing, particularly for transferring data to other European countries. Recommendations indicated in the article, which are based on the GDPR, guidelines published by the authority and expert bodies, and our experiences regarding the creation of the Polish code of conduct, should help develop how a code of conduct for processing personal data in biobanks should be developed.

scholarly journals Personal Data Protection in New Zealand: Lessons for South Africa?

2017 ◽  
Vol 11 (4) ◽  
pp. 61
Author(s):  
A Roos
Keyword(s):  
South Africa ◽  
New Zealand ◽  
South African ◽  
Data Protection ◽  
Personal Data ◽  
The European Union ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
Eu Directive ◽  
The Eu

In 1995 the European Union adopted a Directive on data protection. Article 25 of this Directive compels all EU member countries to adopt data protection legislation and to prevent the transfer of personal data to non-EU member countries (“third countries”) that do not provide an adequate level of data protection. Article 25 results in the Directive having extra-territorial effect and exerting an influence in countries outside the EU. Like South Africa, New Zealand is a “third” country in terms of the EU Directive on data protection. New Zealand recognised the need for data protection and adopted a data protection Act over 15 years ago. The focus of this article is on the data protection provisions in New Zealand law with a view to establishing whether South Africa can learn any lessons from them. In general, it can be said that although New Zealand law does not expressly recognise a right to privacy, it has a data protection regime that functions well and that goes a long way to providing adequate data protection as required by the EU Directive on data protection. Nevertheless, the EU has not made a finding to that effect as yet. The New Zealand data protection act requires a couple of amendments before New Zealand might be adjudged ‘adequate’. South Africa’s protection of the right to privacy and identity is better developed and more extensive than that of New Zealand. Privacy is recognised and protected in the law of delict and by the South African Constitution. Despite South Africa’s apparently high regard for the individual’s right to privacy and identity and our well-developed common and constitutional law of privacy, South Africa does not meet the adequacy requirement of the EU Directive, because we do not have a data protection Act. This means that South African participants in the information technology arena are at a constant disadvantage. It is argued that South Africa should follow New Zealand’s example and adopt a data protection law as soon as possible.

scholarly journals OCHRONA DANYCH OSOBOWYCH KONSUMENTA USŁUGI UBEZPIECZENIOWEJ

2017 ◽  
Vol 4 (2) ◽  
pp. 205
Author(s):  
Monika Kalina
Keyword(s):  
Data Processing ◽  
Consumer Protection ◽  
Data Protection ◽  
Personal Data ◽  
European Convention ◽  
Processing Conditions ◽  
Insurance Law ◽  
Personal Data Protection ◽  
Polish Law

CONSUMER PROTECTION WITH REGARD TO THE PROCESSING OF PERSONAL DATA IN THE INSURANCE SERVICESSummaryThis Article is an attem pt to prove that Polish national law provides personal data protection in the insurance services required by the provisions of Directive 95/46/EC and European Convention No. 108.The Author makes an attem pt to create a list o f fundamental principles, which should be respected in the light o f this Directive and Convention. She analyses implementation of these principles into Polish law by comparing the former and present regulations: the Act of Insurance Activity and the Act on Protection of Personal Data. She discusses special processing conditions - for specific sector (insurance) and special categories of data (sensitive).The next part of the article discusses problems connected with personal data processing in the insurance services by means of Internet.Finally this paper presents different aspects of responsibility of a controller, including special regulations of the insurance law.

Balancing the Protection of Genetic Data and National Security in the Era of New Technology

2011 ◽  
pp. 142-154
Author(s):  
Cristina Contartese
Keyword(s):  
Human Rights ◽  
National Security ◽  
Data Protection ◽  
New Technologies ◽  
New Technology ◽  
Personal Data ◽  
Genetic Data ◽  
European Convention ◽  
Personal Data Protection ◽  
European Court

The aim of this work is to examine the European Court of Human Rights’ (ECtHR) balancing exercise between genetic data protection and national security, under Article 8 of the European Convention of Human Rights (ECHR). It analyzes, more specifically, the core principles of the Strasbourg Court that the Council of Europe’s Contracting States are required to apply when they collect and store genetic data in order to reach specific purposes in terms of public security, such as the fight against crimes. It will emerge that the Court, in consideration of the risks new technologies pose to an individual’s data safeguards, pays special attention to the strict periods of storage of such data and requires that their collection be justified by the existing of a pressing social need and a “careful scrutiny” of the principle of proportionally between the intrusive measure and the aim pursued. This work is divided into three main parts. The first part provides a general overview on personal data protection under Article 8, while the second and third part concentrate, respectively, on the collection of genetic data and on their storage for police purposes.

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