Analysis of the Legal Framework for the Protection of Personal Data in the European Union

The article discusses the ethical and technical consequences of Artificial intelligence (hereinafter, A.I) applications and their usage of the European Union data protection legal framework to enable citizens to defend themselves against them. This goal is under the larger European Union Digital Single Market policy, which has concerns about how this subject correlates with personal data protection. The article has four sections. The first one introduces the main issue by describing the importance of AI applications in the contemporary world scenario. The second one describes some fundamental concepts about AI. The third section has an analysis of the ongoing policies for AI in the European Union and the Council of Europe proposal about ethics applicable to AI in the judicial systems. The fourth section is the conclusion, which debates the current legal mechanisms for citizens protection against fully automated decisions, based on European Union Law and in particular the General Data Protection Regulation. The conclusion will be that European Union Law is still under construction when it comes to providing effective protection to its citizens against automated inferences that are unfair or unreasonable.

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ESTUDO SOBRE A REALIZAÇÃO DO DIREITO DA PROTECÇÃO DE DADOS PESSOAIS ATRAVÉS DA JURISPRUDÊNCIA DO TRIBUNAL DE JUSTIÇA DA UNIÃO EUROPEIA

Dereito revista xurídica da Universidade de Santiago de Compostela ◽

10.15304/dereito.29.1.6519 ◽

2020 ◽

Vol 29 (1) ◽

Author(s):

Rita De Sousa Costa

Keyword(s):

European Union ◽

Data Protection ◽

Personal Data ◽

Case Law ◽

Legal Framework ◽

The European Union ◽

Personal Data Protection ◽

Court Of Justice ◽

European Data ◽

Data Protection Law

[PT]No presente texto, apresentamos as grandes linhas de aplicação do direito europeu da protecção de dados conforme gizadas pela jurisprudência do TJUE, com o objectivo de demonstrar como e em que medida este Tribunal modelou – e continua a modelar – o quadro jurídico em vigor, na certeza de que aquela jurisprudência impõe um conjunto de desafios determinantes para a realização material do direito europeu da protecção de dados pessoais. [ESP]Este texto presenta las líneas generales de la aplicación de la legislación europea de protección de datos tal como se establece en la jurisprudencia del TJUE, con el objetivo de demostrar cómo y en qué medida este Tribunal ha configurado -y sigue configurando- el marco jurídico vigente, con la certeza de que la dicha jurisprudencia plantea una serie de retos cruciales para la aplicación material del derecho europeo de la protección de datos personales. [ENG]This text outlines the implementation of the European data protection law as laid down in the case-law of the Court of Justice of the European Union, with the aim of demonstrating how and to what extent the Court has shaped – and continues to shape – the current legal framework. The case-law analysed points out a plethora of challenges which are key to the implementation of the European personal data protection law.

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Developing The Personal Data Protection In The European Union: A Consumer-Oriented Approach The Romanian Experience

Review of Business Information Systems (RBIS) ◽

10.19030/rbis.v12i1.4398 ◽

2008 ◽

Vol 12 (1) ◽

pp. 63-74

Author(s):

Calin Veghes

Keyword(s):

European Union ◽

Data Protection ◽

Direct Marketing ◽

Personal Data ◽

Legal Framework ◽

Public Institutions ◽

Legal Rights ◽

The European Union ◽

Personal Data Protection ◽

Laws And Regulations

Protection of personal data represents a relatively recent concern for all the entities consumers, organizations and public institutions involved in the development of the direct marketing industry and the overall Romanian market. Noteworthy growth of the direct marketing campaigns, increase in the consumer demands and expectations and the background provided by the countrys adhesion to the European Union, have determined a strong necessity to build up a legal framework for protection of the personal data. Important steps have been made when laws no. 677 (on the protection of the personal data in terms of their processing and free circulation - 2001), no. 506 (on the processing of personal data and protection of privacy in the electronic communications sector - 2004) and no. 102 (regarding the setting up, organization and functioning of the National Supervisory Authority for Personal Data Processing - 2005) have been issued. Adoption of the Directive no. 95/46/EC has connected Romanian and European Union legal framework of the personal data protection. Enforcement of the existing legal background has revealed several problems that have affected activities conducted mainly by the direct marketing and marketing research companies. Relatively unclear definition of the content of personal data to be protected appeared to be one of the most important. From this point, at least the following questions should be answered:what is the specific meaning of the personal data? What data is personal and must be protected through dedicated laws and regulations?are public initiatives best ways and public institutions sole entities to handle the development of an effective legal background for the personal data protection?how important is the voice of the consumers in the process of development of a regulatory environment in this area? Should those to be protected represent the main source of initiating and building the related legal framework?An exploratory survey on a sample including 96 Romanian urban consumers aged 18 to 45 has been conducted aiming to provide information on the: importance of the data protection for the consumers, main characteristics of the data protection legal environment (area of protection, public-private, respectively national-international relationships in terms of the data protection, need for national or international laws and regulations), content of the personal data to be protected by a more precisely defined object of the law, consumer preferences regarding the opt-in and opt-out mechanisms, knowledge associated to the legal rights of consumers related to the personal data protection as they are granted through the existing law, major risks associated with the absence or improper personal data protection mechanisms, consumers exposure to the personal communication media, preferences for personal sources of information and perceived importance of personalization as potential factors to be considered for the development of the personal data protection legal framework, opportunity to develop and implement a Robinson list.Results of the survey may serve as a starting point for a future research conducted at the level of a national representative sample and the Romanian experience may be considered for the upcoming effort to develop a legal framework of the personal data protection in the European Union based on the consumers views, needs and expectations.

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DEVELOPMENT OF THE PERSONAL DATA PROTECTION FRAMEWORK – WILL THE PANDEMIC BRING NEW CHANGES?

Acta Prosperitatis ◽

10.37804/1691-6077-2021-12-59-66 ◽

2021 ◽

Vol 12 ◽

pp. 59-66

Author(s):

Marta Mackeviča ◽

Keyword(s):

European Union ◽

Data Protection ◽

Personal Data ◽

Legal Framework ◽

Point Of View ◽

The European Union ◽

Personal Privacy ◽

General Data Protection Regulation ◽

Complex Concept ◽

Personal Data Protection

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.

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Those Who Shall Be Identified: The Data Protection Aspects of the Legal Framework for Electronic Identification in the European Union

TalTech Journal of European Studies ◽

10.2478/bjes-2021-0012 ◽

2021 ◽

Vol 11 (2) ◽

pp. 3-24

Author(s):

Jozef Andraško ◽

Matúš Mesarčík

Keyword(s):

European Union ◽

Data Processing ◽

Data Protection ◽

Mutual Recognition ◽

Personal Data ◽

Legal Framework ◽

The European Union ◽

General Data Protection Regulation ◽

General Data

Abstract The article focuses on the intersections of the regulation of electronic identification as provided in the eIDAS Regulation and data protection rules in the European Union. The first part of the article is devoted to the explanation of the basic notions and framework related to the electronic identity in the European Union— the eIDAS Regulation. The second part of the article discusses specific intersections of the eIDAS Regulation with the General Data Protection Regulation (GDPR), specifically scope, the general data protection clause and mainly personal data processing in the context of mutual recognition of electronic identification means. The article aims to discuss the overlapping issues of the regulation of the GDPR and the eIDAS Regulation and provides a further guide for interpretation and implementation of the outcomes in practice.

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Personalized Medicine and Medicinal Chemistry: Toward a Legal Framework in the European Union

Current Topics in Medicinal Chemistry ◽

10.2174/1568026619666181120144213 ◽

2019 ◽

Vol 18 (25) ◽

pp. 2165-2173 ◽

Cited By ~ 1

Author(s):

Aliuska Duardo-Sánchez ◽

Iñigo De Miguel Beriain

Keyword(s):

European Union ◽

Personalized Medicine ◽

Medicinal Chemistry ◽

Clinical Care ◽

Personal Data ◽

Legal Protection ◽

Legal Framework ◽

Sensitive Information ◽

The European Union ◽

Massive Sequencing

In the last few years, the fields of Medicinal Chemistry and especially the ones related to the so-called Personalized Medicine, have received a great attention. Significant investment and remarkable researches surround the matter; however, not all those promising advances are reaching patients as quickly as they should. The absence of an adequate regulatory framework could be of no help. The complete and/or massive sequencing of individual genomes faces many ethical-legal challenges. Some of them are access to Personalized Medicine; the treatment of a large volume of sensitive information and the use of tools produced by "big data" systems in clinical care or in predictive models. In addition, the legal protection of personal data related to health, the exercise of autonomy by patients, closely related to the regulation regarding clinical trials, are seriously involved. Our purpose of this work is to review the regulations of the European Union, in an attempt to contribute to a better understanding of the legal framework for the implementation and development of health systems based on Personalized Medicine.

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Application of Remote Sensing Technologies in environmental monitoring: legal framework, limitations and potential in the European Union

10.5194/egusphere-egu21-12400 ◽

2021 ◽

Author(s):

Maria Maniadaki ◽

Athanasios Papathanasopoulos ◽

Lilian Mitrou ◽

Efpraxia-Aithra Maria

Keyword(s):

Remote Sensing ◽

European Union ◽

Environmental Monitoring ◽

Oil Spills ◽

Environmental Law ◽

Personal Data ◽

Legal Framework ◽

The European Union ◽

Development Education ◽

Public Authorities

&#160;&#160;&#160; Remote sensing technologies, such as satellite and drone imagery, have been proven over the years- due to their constant development- to be extremely useful for environmental monitoring. They may collect and provide data pertaining to natural disasters, state of oceans, atmosphere, land, vegetation, food, public health etc, which are further essential for the effective decision making of public authorities. At the same time such data may facilitate the right for access to environmental information to the public. They also consist valuable tools for environmental law enforcement by allowing to detect for example planning breaches, illegal dumping of waste, illegal logging or illegal oil spills, on which inspections could then focus.&#160;&#160;&#160; The article briefly presents the legal framework regarding the application of Remote Sensing Technologies in environmental monitoring in the European Union. It also outlines certain limitations of such technologies, such as the need for data verification and the need for data procession according to privacy and personal data law requirements. Important ECtHR and CJEU case law on the issue is approached, while it is examined under what legal circumstances a wider application of Remote Sensing Technologies in environmental monitoring could be envisaged. Finally, Greek legislation on the subject is as a &#8220;case study&#8221; analyzed.&#160;&#160; This research is co-financed by Greece and the European Union (European Social Fund- ESF) through the Operational Programme &#8220;Human Resources Development, Education and Lifelong Learning 2014-2020&#8221; in the context of the project &#8220;Legal issues derived from the use of monitoring and earth observation technologies to ensure environmental compliance in the Hellenic legal order- HELLASNOMOSAT&#8221; (MIS &#160;5047355).&#160;

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Data protection impact assessments in the European Union: complementing the new legal framework towards a more robust protection of individuals

10.31228/osf.io/b68em ◽

2020 ◽

Cited By ~ 1

Author(s):

Dariusz Kloza ◽

Niels van Dijk ◽

Raphaël Gellert ◽

István Böröcz ◽

Alessia Tanas ◽

...

Keyword(s):

European Union ◽

Impact Assessment ◽

Data Protection ◽

Best Practice ◽

Personal Data ◽

Legal Framework ◽

Background Information ◽

The European Union ◽

Legal Provisions ◽

The Eu

This paper provides recommendations for the European Union (EU) to complement the requirement for data protection impact assessment (DPIA), as set forth in the General Data Protection Regulation (GDPR), with a view of achieving a more robust protection of personal data. In April 2016 the EU concluded the core part of the reform of its legal framework for personal data protection. The Union is currently preparing implementing measures and guidelines to give full effect to the new legal provisions before their applicability from May 2018. This reform introduces, among other ‘novelties’, a legal requirement to conduct a DPIA. However, this requirement bears a few weak points. In order to inform this on-going policy-making process, the present policy brief attempts to draft a best practice for a generic type of impact assessment, i.e. recommended for different areas (section II). Section III makes an early evaluation of how this best practice relates to the specific impact assessment requirement set forth in the GDPR, i.e. DPIA. These sections are preceded by succinct background information on impact assessments as such: definition, historical overview, and their merits and drawbacks (section I). Section IV concludes this paper by offering recommendations for complementing the DPIA requirement in the GDPR: (1) to expand the scope of the DPIA requirement in the GDPR; (2) to develop methods for conducting such an assessment; (3) to establish ‘reference centres’ on DPIA at data protection authorities (DPAs). This policy brief is addressed predominantly to policy-makers at the EU- and Member State-level, notwithstanding the potential interest it might gain from their counterparts elsewhere in the world.

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The digital development of the European Union: data governance aspects of cooperative, connected and automated mobility

IDP Revista de Internet Derecho y Política ◽

10.7238/idp.v0i34.387494 ◽

2021 ◽

pp. 1-16

Author(s):

Ondrej Hamulák ◽

Josef Andraško ◽

Matúš Mesarčík

Keyword(s):

European Union ◽

Autonomous Vehicles ◽

Personal Data ◽

Legal Framework ◽

Connected Vehicles ◽

The European Union ◽

Data Governance ◽

Legal Doctrine ◽

General Data Protection Regulation ◽

Digital Development

This article focuses on the issue of data governance in connected vehicles. Firstly, basic notions of autonomous vehicles are analyzed, and a legal framework is introduced. The European Union aims to create cooperative, connected, and automated mobility based on the cooperation of different inter-connected types of machinery. The essence of the system is data flow in connected vehicles, and the issue represents one of the heavily discussed themes in legal doctrine. Therefore, data governance is further discussed in the article. The final part of the article deals with the issue of responsibility and liability of different actors involved in the processing of personal data according to the General Data Protection Regulation applied to the environment of CAV smart infrastructure.

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Determinants and barriers of PV self-consumption in Spain from the perception of the installers for the promotion of distributed energy systems

ECONOMICS AND POLICY OF ENERGY AND THE ENVIRONMENT ◽

10.3280/efe2020-001007 ◽

2020 ◽

pp. 153-169

Author(s):

José Ángel Gimeno ◽

Eva Llera Sastresa ◽

Sabina Scarpellini

Keyword(s):

European Union ◽

Energy Transition ◽

Legal Framework ◽

Low Carbon ◽

The European Union ◽

Distributed Energy ◽

Sustainable Solutions ◽

Highly Sensitive ◽

Transition Scenario

Currently, self-consumption and distributed energy facilities are considered as viable and sustainable solutions in the energy transition scenario within the European Union. In a low carbon society, the exploitation of renewables for self-consumption is closely tied to the energy market at the territorial level, in search of a compromise between competitiveness and the sustainable exploitation of resources. Investments in these facilities are highly sensitive to the existence of favourable conditions at the territorial level, and the energy policies adopted in the European Union have contributed positively to the distributed renewables development and the reduction of their costs in the last decade. However, the number of the installed facilities is uneven in the European Countries and those factors that are more determinant for the investments in self-consumption are still under investigation. In this scenario, this paper presents the main results obtained through the analysis of the determinants in self-consumption investments from a case study in Spain, where the penetration of this type of facilities is being less relevant than in other countries. As a novelty of this study, the main influential drivers and barriers in self-consumption are classified and analysed from the installers' perspective. On the basis of the information obtained from the installers involved in the installation of these facilities, incentives and barriers are analysed within the existing legal framework and the potential specific lines of the promotion for the effective deployment of self-consumption in an energy transition scenario.

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