Implementierung elektronischer Überwachungseinrichtungen durch Betriebsvereinbarungen vor dem Hintergrund der DSGVO

2021 ◽  
Author(s):  
Thomas Köllmann
Keyword(s):  
Data Protection ◽  
Special Role ◽  
Legal Certainty ◽  
Monitoring Equipment ◽  
Monitoring And Surveillance ◽  
Data Protection Law ◽  
Works Council ◽  
Personnel Department ◽  
Employee Data

As digitalization progresses, the possibilities for monitoring and surveillance in the employment relationship also increase. With the entry into force of the GDPR at the latest, the discussions about an "Employee Data Protection Act" (Beschäftigtendatenschutzgesetz) reignited. The thesis examines - de lege lata - the interaction of European and national requirements in the introduction of electronic surveillance / monitoring equipment in companies. On this basis, current challenges and the corresponding solutions are shown. At the same time, the special role of the business parties (such as works council and personnel department) in the area of data protection is presented. Finally, the question of whether an employee data protection law - de lege ferenda - can provide more legal certainty is being investigated.

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 Insight or Intrusion? Correlating Routinely Collected Employee Data with Health Risk

2019 ◽  
Vol 8 (10) ◽  
pp. 291 ◽  
Author(s):  
Taylor ◽  
Prictor
Keyword(s):  
Data Protection ◽  
Health And Safety ◽  
Employee Health ◽  
Workplace Health ◽  
Complex Picture ◽  
Protection Legislation ◽  
Data Protection Law ◽  
English Law ◽  
Employee Data

The volume, variety and velocity of data available to companies about their employees is already significant and likely to increase. Employers hold data about employees that could be used to explore the relationship between workplace practice in their organisation and risks to employee health. However, there is significant uncertainty about whether employers subject to English law are permitted to use this data for this purpose, and even whether they may be under a legal obligation to do so. In this article, the question of whether employers are legally permitted or legally obliged to use employee data to identify associations between workplace practice and risk to employee health is answered through an analysis of two spheres of English Law: data protection law, and health and safety law. The authors establish a hypothetical case study concerning a company that wishes to use employee data in this way, to illuminate a set of detailed legal issues. In particular, the question of whether a reasonable and prudent employer is under an obligation under health and safety law to use the data and analytic tools at his or her disposal to assess risk and inform his or her actions is considered. Also addressed is the question of whether such processing would satisfy the data protection law principles of “lawful, fair, and transparent” processing and that of “purpose limitation”. A complex picture emerges. The analysis reveals that data protection legislation may not support a trend towards the re-use of employee data to enhance workplace health and safety; nor is there currently a clear mandate that responsible employers use data in this way. The line between useful insight into workplace practices and intrusion into employees’ privacy remains blurred.

scholarly journals PENYALAHGUNAAN DATA PRIBADI SEBAGAI BENTUK KEJAHATAN SEMPURNA DALAM PERSPEKTIF HUKUM SIBER

SASI ◽  
2021 ◽  
Vol 27 (1) ◽  
pp. 38
Author(s):  
Sahat Maruli Tua Situmeang
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Protection ◽  
Law Reform ◽  
Deterrent Effect ◽  
Legal Certainty ◽  
The Public ◽  
Personal Data Protection ◽  
Criminal Sanctions

This study aims to determine the regulations regarding the legal protection of the use of personal data in an effort to provide legal certainty to the public and the role of law enforcers in preventing criminal acts of misuse of personal data in the future from the perspective of criminal law reform through normative juridical research methods. Based on the results of the research, it shows that in order to create legal certainty, it is necessary to establish a law that regulates specifically, clearly, structured and comprehensively regarding the protection of personal data and harmonizes existing laws and regulations governing personal data protection as well as clear mechanisms related to coordination between enforcers. law. In this regard, the researcher proposes that there should be the formation of norms regulating criminal sanctions in their enforcement as a deterrent effect as well as reconstruction and reformulation of norms in the regulations regarding personal data protection that are currently in effect.

scholarly journals Book review: European Data Protection Regulation, Journalism, and Traditional Publishers: Balancing on a Tightrope?

2020 ◽  
Author(s):  
Paddy Leerssen
Keyword(s):  
Data Protection ◽  
Freedom Of Expression ◽  
Oxford University ◽  
Privacy Law ◽  
Complex Interactions ◽  
European Data ◽  
The Media ◽  
Data Protection Law

David Erdos’ new book, European Data Protection, Regulation, Journalism and Traditional Publishers, is a rich, meticulous contribution to the study of data protection law and its complex interactions with the media and with freedom of expression and information. In a time when new-fangled tech giants and Artificial Intelligence (AI) applications suck up most of the available attention, the role of more traditional actors remains nonetheless pivotal, and risks being underappreciated. Thankfully, Erdos’ new book does a remarkably comprehensive job of mapping the state of play in this area, critiquing its ongoing challenges and uncertainties, and charting a way forward. It marks a first, promising entry in the new Oxford University Press series on Data Protection and Privacy Law.

Article 4(8). Processor

2020 ◽  
Author(s):  
Lee A. Bygrave ◽  
Luca Tosoni
Keyword(s):  
Data Protection ◽  
Data Protection Law ◽  
Specific Definition

The ‘processor’ is one of the principal actors in the operationalisation of data protection law and thus deserves specific definition. Indeed, the role of this actor has increased in importance as the GDPR vests processors with more extensive obligations and liability than was the case under the DPD (see e.g. Articles 30(2), 33(2), 37, 79 and 82 GDPR).

The “Riskification” of European Data Protection Law through a two-fold Shift

2017 ◽  
Vol 8 (3) ◽  
pp. 506-540 ◽  
Author(s):  
Milda MACENAITE
Keyword(s):  
Risk Management ◽  
Data Protection ◽  
Personal Data ◽  
Risk Regulation ◽  
General Data Protection Regulation ◽  
Regulation Mechanisms ◽  
General Data ◽  
Data Protection Law ◽  
Practical Level

The importance of the concept of risk and risk management in the data protection field has grown explosively with the adoption of the General Data Protection Regulation (2016/679). The article explores the concept and the role of risk, as well as associated risk regulation mechanisms in EU data protection law. It shows that with the adoption of the General Data Protection Regulation there is evidence of a two-fold shift: first on a practical level, a shift towards risk-based data protection enforcement and compliance, and second a shift towards risk regulation on the broader regulatory level. The article analyses these shifts to enhance the understanding of the changing relationship between risk and EU data protection law. The article also discusses associated potential challenges when trying to manage multiple and heterogeneous risks to the rights and freedoms of individuals resulting from the processing of personal data.

Effects and Projections of the Brazilian General Data Protection Law (LGPD) Application and the Role of the DPO

2021 ◽  
pp. 195-208
Author(s):  
Claudio Roberto Pessoa ◽  
Bruna Cardoso Nunes ◽  
Camila de Oliveira ◽  
Marco Elísio Marques
Keyword(s):  
Artificial Intelligence ◽  
Data Protection ◽  
Personal Data ◽  
Personal Data Protection ◽  
Specific Objective ◽  
The World ◽  
General Data ◽  
Data Protection Law ◽  
The Impact

The world scenario is changing when we talk about personal data protection. Not that long ago, it was common to find companies that sell databases, and other companies that work with the information contained into these databases, aimed to create profiles and generate solutions, using technologies such as big data and artificial intelligence, among others, looking to be attractive and get more customers. In order to protect the privacy of citizens across the world, laws have been created and/or expanded to reinforce this protection. In Brazil, specifically, the Lei de Proteção de Dados Pessoais – LGPD [General Data Protection Law] was created. This research aims to analyze this law, as well as other laws that orbit around it. The goal is to know the impact of law enforcement on business routine and, as a specific objective, what the role of DPO (Data Protection Officer) in organizations will be.

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