Der Schutz personenbezogener Daten eines Whistleblowers in der Europäischen Kommission

2021 ◽  
Author(s):  
Christoph Aust
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Current Data ◽  
Fundamental Rights ◽  
Law Firms ◽  
The European Union ◽  
Doctoral Thesis ◽  
Data Protection Law ◽  
Definition Of

The doctoral thesis explains what is meant by “whistleblowing” and examines the conditions under which such behavior is legally protected at the level of the European Union. A definition of whistleblowing is derived from the fundamental rights of the European Union. In addition, taking into account current data protection developments, in particular the GDPR, the protection of the personal data of a whistleblower is comprehensively assessed. The author has been active in the field of data protection law for years and worked as a legal trainee at the Hamburg data protection officer and various law firms with a focus on IT law and data protection law.

scholarly journals The European Union and the Search for an International Data Protection Framework

2014 ◽  
Vol 2 (2) ◽  
pp. 55 ◽  
Author(s):  
Christopher Kuner
Keyword(s):  
European Union ◽  
Data Protection ◽  
Legal Framework ◽  
Fundamental Rights ◽  
The European Union ◽  
International Data ◽  
Data Protection Law ◽  
Eu Fundamental Rights ◽  
Global Data ◽  
The Eu

The European Union (EU) has supported the growing calls for the creation of an international legal framework to safeguard data protection rights. At the same time, it has worked to spread its data protection law to other regions, and recent judgments of the Court of Justice of the European Union (CJEU) have reaffirmed the autonomous nature of EU law and the primacy of EU fundamental rights law. The tension between initiatives to create a global data protection framework and the assertion of EU data protection law raises questions about how the EU can best promote data protection on a global level, and about the EU’s responsibilities to third countries that have adopted its system of data protection.

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

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.

scholarly journals L’invalidità del Safe Harbor Agreement

2018 ◽  
Author(s):  
Fabiana Accardo
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Safe Harbor ◽  
The European Union ◽  
Court Of Justice ◽  
The Us ◽  
Data Protection Law ◽  
The Impact ◽  
The Eu

The purpose of this article is that to explain the impact of the landmark decision Schrems c. Data Protection Commissioner [Ireland] - delivered on 7 October 2015 (Case C-362/2014 EU) by the Court of Justice - on the European scenario. Starting from a brief analysis of the major outcomes originated from the pronunciation of the Court of Justice, then it tries to study the level of criticality that the Safe Harbor Agreement and the subsequently adequacy Commission decision 2000/520/EC – that has been invalidated with Schrems judgment – have provoked before this pronunciation on the matter of safeguarding personal privacy of european citizens when their personal data are transferred outside the European Union, in particular the reference is at the US context. Moreover it focuses on the most important aspects of the new EU-US agreement called Privacy Shield: it can be really considered the safer solution for data sharing in the light of the closer implementation of the Regulation (EU) 2016/679, which will take the place of the Directive 95 /46/CE on the EU data protection law?

The new profiling: Algorithms, black boxes, and the failure of anti-discriminatory safeguards in the European Union

2014 ◽  
Vol 45 (5) ◽  
pp. 494-511 ◽  
Author(s):  
Matthias Leese
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
Data Driven ◽  
The European Union ◽  
Black Boxes ◽  
Power Profiling ◽  
Charter Of Fundamental Rights ◽  
Profiling Techniques

This article argues that with increasingly large databases and computational power, profiling as a key part of security governance is experiencing major changes. Targeting mobile populations in order to enact security via controlling and sifting the good from the bad, profiling techniques accumulate and process personal data. However, as advanced algorithmic analytics enable authorities to make sense of unprecedented amounts of information and derive patterns in a data-driven fashion, the procedures that bring risk into being increasingly differ from those of traditional profiling. While several scholars have dealt with the consequences of black-boxed and invisible algorithmic analytics in terms of privacy and data protection, this article engages the effects of knowledge-generating algorithms on anti-discriminatory safeguards. Using the European-level efforts for the establishment of a Passenger Name Record (PNR) system as an example, and on the theoretical level connecting distinct modes of profiling with Foucauldian thought on governing, the article finds that with pattern-based categorizations in data-driven profiling, safeguards such as the Charter of Fundamental Rights of the European Union or the EU data-protection framework essentially lose their applicability, leading to a diminishing role of the tools of the anti-discrimination framework.

scholarly journals Data protection in post-Brexit Britain: A response to the Government of the United Kingdom’s public consultation on reforms to the data protection regime (“Data: A new direction”)

2021 ◽  
Author(s):  
Wes W.P. Damen ◽  
Adam Harkens ◽  
Wenlong Li ◽  
Emma Ahmed-Rengers ◽  
Karen Yeung
Keyword(s):  
European Union ◽  
Data Protection ◽  
New Technologies ◽  
Culture Media ◽  
Personal Data ◽  
Fundamental Rights ◽  
Public Consultation ◽  
Machine Learning Techniques ◽  
Digital Culture ◽  
The European Union

Ever since the United Kingdom’s exit from the European Union, the UK government has made it clear that they see opportunities for enacting new legislation. One of these opportunities is to legislate how new technologies are to be used, and how citizens’ personal data is handled where it is used as a necessary component of such technologies. On September 10th 2021, the Department for Digital, Culture, Media & Sport (DCMS) launched its public consultation for proposed reforms to the UK’s data protection regime. We believe that it is appropriate that careful eyes are kept on the UK’s data protection regime in order to ensure that existing legal frameworks are appropriately future proofed, especially when we consider that the overall UK regulatory environment is in-flux, as UK law and policy begins to diverge from that of the European Union. This appropriate future proofing of a new data protection laws includes both the public and private sector use of technologies requiring the processing of high-volumes of personal data – in many cases making use of machine learning techniques – that can expose data subjects to considerable harms to their fundamental rights and personal interests. In this response we set out some of the concerns we are having about this legislative proposal, and why a change of course is called for.

scholarly journals ASSESSING THE IMPLICATIONS OF SCHREMS II FOR EU–US DATA FLOW

2021 ◽  
pp. 1-18
Author(s):  
Maria Helen Murphy
Keyword(s):  
European Union ◽  
Data Protection ◽  
Data Flow ◽  
Data Transfer ◽  
Personal Data ◽  
Fundamental Rights ◽  
Constant Flow ◽  
The European Union ◽  
Court Of Justice ◽  
The Eu

Abstract With the constant flow of data across jurisdictions, issues regarding conflicting laws and the protection of rights arise. This article considers the EU–US data transfer relationship in the aftermath of the decision in Data Protection Commissioner v Facebook Ireland and Maximillian Schrems where the Court of Justice of the European Union (CJEU) invalidated an EU–US data transfer agreement for the second time in just five years. This judgment continues the line of cases emphasising the high value the Court places on securing EU personal data in accordance with EU data protection standards and fundamental rights. This article assesses the implications of the ruling for the vulnerable EU–US data transfer relationship.

scholarly journals Data protection by design: Organizational integration

2018 ◽  
Vol 7 (2) ◽  
pp. 60
Author(s):  
Santiago Martín-Romo Romero ◽  
Carmen De-Pablos-Heredero
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
The European Union ◽  
Organizational Integration ◽  
Definition Of ◽  
Technical And Organizational Measures ◽  
General Regulation

Firms perform the processing of physical personal data and are obliged to protect them according to the Acts. In the European Union, the General Regulation for Data Protection (GDPR) obliges firms to be proactive in the protection of the personal data they process, through data protection from the design. In this research, a group of technical and organizational measures to include in processing, under the focus of data protection from the design is determined from the definition of the processes in which data are processed. These activities, realized by making use of different firm’s profiles, promote the need to develop a proper organizational integration amongst participants. The activities done by different profiles at firms promote the need to develop an organizational integration amongst participants, activities performed by different agents, results interchanged and common products used.

E-health developments in the system of health services in Hungary and the European Union

2014 ◽  
Vol 155 (21) ◽  
pp. 822-827
Author(s):  
Ágnes Váradi
Keyword(s):  
Health Care ◽  
European Union ◽  
Public Discourse ◽  
Action Plan ◽  
Fundamental Rights ◽  
Public Health Care ◽  
The European Union ◽  
Contemporary Issue ◽  
Definition Of ◽  
Basic Features

The question of electronic solutions in public health care has become a contemporary issue at the European Union level since the action plan of the Commission on the e-health developments of the period between 2012 and 2020 has been published. In Hungary this issue has been placed into the centre of attention after a draft on modifications of regulations in health-care has been released for public discourse, which – if accepted – would lay down the basics of an electronic heath-service system. The aim of this paper is to review the basic features of e-health solutions in Hungary and the European Union with the help of the most important pieces of legislation, documents of the European Union institutions and sources from secondary literature. When examining the definition of the basic goals and instruments of the development, differences between the European Union and national approaches can be detected. Examination of recent developmental programs and existing models seem to reveal difficulties in creating interoperability and financing such projects. Finally, the review is completed by the aspects of jurisdiction and fundamental rights. It is concluded that these issues are mandatory to delineate the legislative, economic and technological framework for the development of the e-health systems. Orv. Hetil., 2014, 155(21), 822–827.

scholarly journals Data Sharing Under the General Data Protection Regulation

Hypertension ◽  
2021 ◽  
Vol 77 (4) ◽  
pp. 1029-1035
Author(s):  
Antonia Vlahou ◽  
Dara Hallinan ◽  
Rolf Apweiler ◽  
Angel Argiles ◽  
Joachim Beige ◽  
...  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Research Approach ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Protection Legislation ◽  
General Data ◽  
Almost All

The General Data Protection Regulation (GDPR) became binding law in the European Union Member States in 2018, as a step toward harmonizing personal data protection legislation in the European Union. The Regulation governs almost all types of personal data processing, hence, also, those pertaining to biomedical research. The purpose of this article is to highlight the main practical issues related to data and biological sample sharing that biomedical researchers face regularly, and to specify how these are addressed in the context of GDPR, after consulting with ethics/legal experts. We identify areas in which clarifications of the GDPR are needed, particularly those related to consent requirements by study participants. Amendments should target the following: (1) restricting exceptions based on national laws and increasing harmonization, (2) confirming the concept of broad consent, and (3) defining a roadmap for secondary use of data. These changes will be achieved by acknowledged learned societies in the field taking the lead in preparing a document giving guidance for the optimal interpretation of the GDPR, which will be finalized following a period of commenting by a broad multistakeholder audience. In parallel, promoting engagement and education of the public in the relevant issues (such as different consent types or residual risk for re-identification), on both local/national and international levels, is considered critical for advancement. We hope that this article will open this broad discussion involving all major stakeholders, toward optimizing the GDPR and allowing a harmonized transnational research approach.

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