Intelligente Systeme – Intelligentes Recht

2021 ◽  
Keyword(s):  
Intellectual Property ◽  
Data Protection ◽  
Law School ◽  
Law And Technology ◽  
The Face ◽  
Science Conference ◽  
Data Protection Law ◽  
Smart Technologies ◽  
Adaptive Technologies ◽  
The Relationship

The relationship between law and technology is becoming increasingly complex due to the rapid advance of digitization and the development of new and "smart" technologies. Traditional anthropocentric concepts of law seem to be in question. Moreover, the ways in which law is made and applied are changing. In the face of new and adaptive technologies, must law and its enforcement themselves become more adaptive, and how can this be done? In their contributions to the 6th GRUR Young Science conference, young scientists will address these questions from the perspective of intellectual property, media, competition, information and data protection law and will present their theses for discussion at the online conference organized at Bucerius Law School on June 4 and 5, 2021. With contributions by Dr. Jonas Botta, Dr. Michael Denga, Prof. Dr. Philipp Hacker, Dr. Elsa Kirchner, David Korb, David Linke, Janine Marinello, Ferdinand Müller, Stefan Papastefanou, Dr. Joachim Pierer, Darius Rostam, Martin Schüßler, Florian Skupin, Sebastian Theß and Nora Wienfort.

6. Medical Confidentiality

2019 ◽  
pp. 162-200
Author(s):  
G. T. Laurie ◽  
S. H. E. Harmon ◽  
E. S. Dove
Keyword(s):  
Medical Research ◽  
Data Protection ◽  
Medical Records ◽  
Legal Aspects ◽  
Patient Access ◽  
Legal Process ◽  
Medical Confidentiality ◽  
Data Protection Law ◽  
The Relationship

This chapter discusses ethical and legal aspects of medical confidentiality. It covers the relationship between confidentiality and data protection law; the possible exceptions to the confidentiality rule; confidentiality and the legal process; confidentiality for the purposes of medical research; patient access to medical records; remedies for breach of confidentiality; and confidentiality and death.

18. Control of information, reputation, and intellectual property

2019 ◽  
pp. 726-750
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Data Protection ◽  
Private Information ◽  
Freedom Of Expression ◽  
Personal Privacy ◽  
Trade Marks ◽  
Passing Off ◽  
And Control ◽  
The Relationship

This chapter considers the extent to which individuals can and should be able to prevent others referring to them and their activities and, conversely, the extent to which individuals and companies should be able to commercialise and control a reputation that they have built up. The discussions cover the evolving right to personal privacy (through the tort of misuse of private information) and its base in human rights, particularly in respect of photographs; obtaining and dealing with trade marks in respect of well-known personalities; the relationship between passing off and endorsement and merchandising; and the extent to which individuals and businesses can and do control the use of their image through endorsement and sponsorship. The chapter also considers data protection, as well as the balancing of privacy and freedom of expression.

scholarly journals Stats Entertainment, Part Two: Football Data Analytics, Data Privacy, and the Legal Issues on the Horizon

2021 ◽  
Author(s):  
Christopher A. Flanagan
Keyword(s):  
Intellectual Property ◽  
Data Protection ◽  
Data Analytics ◽  
Data Privacy ◽  
Contextual Information ◽  
Holistic Approach ◽  
Legal Issues ◽  
Performance Data ◽  
Data Protection Law ◽  
Player Performance

Data analytics has become a critical part of professional football.  It brings with it a number of challenging legal questions, brought into sharper focus by the reported ‘Project Red Card’ legal action, in which the legality of the systematised use of player performance data has been called into question.  Focussing on the position in English law, this two part article takes a holistic approach to assessing the legal issues presented by the data analytics movement.Part One set out contextual information on the development of data analytics in football, before examining whether the data produced in football are capable of ownership, either in raw format or after manipulation, taking into account the nature of property and intangible assets, relevant intellectual property laws, and non-IP protections. This Part Two goes on to consider the position in respect of data protection law (including FIFA’s Data Protection Regulations) before taking into account some broader legal issues, such as the application of competition law and the regulation of artificial intelligence.The conclusions of Part One and Part Two together are that the intellectual property rights position is broadly positive for data analysts, with legal protections capable of application in many circumstances.  However, data protection law presents a more complicated problem, with a number of challenging compliance obligations for the analytics community, albeit with scope to exploit player performance data where those obligations are met.

The Right to Erasure in EU Data Protection Law

2020 ◽  
Author(s):  
Jef Ausloos
Keyword(s):  
Data Protection ◽  
Fundamental Rights ◽  
Individual Autonomy ◽  
General Data Protection Regulation ◽  
Power Asymmetries ◽  
The Face ◽  
Charter Of Fundamental Rights ◽  
Data Protection Law ◽  
The Right ◽  
Data Subject

This book critically investigates the role of data subject rights in countering information and power asymmetries online. It aims at dissecting ‘data subject empowerment’ in the information society through the lens of the right to erasure (‘right to be forgotten’) in Article 17 of the General Data Protection Regulation (GDPR). In doing so, it provides an extensive analysis of the interaction between the GDPR and the fundamental right to data protection in Article 8 of the Charter of Fundamental Rights of the EU (Charter), how data subject rights affect fair balancing of fundamental rights, and what the practical challenges are to effective data subject rights. The book starts with exploring the data-driven asymmetries that characterize individuals’ relationship with tech giants. These commercial entities increasingly anticipate and govern how people interact with each other and the world around them, affecting core values such as individual autonomy, dignity, and freedom. The book explores how data protection law, and data subject rights in particular, enable resisting, breaking down or at the very least critically engaging with these asymmetric relationships. It concludes that despite substantial legal and practical hurdles, the GDPR’s right to erasure does play a meaningful role in furthering the fundamental right to data protection (Art 8 Charter) in the face of power asymmetries online.

Data Protection in the Cloud

2011 ◽  
Vol 12 (3) ◽  
Author(s):  
Peter Blume
Keyword(s):  
Cloud Computing ◽  
Member State ◽  
Data Protection ◽  
Data Security ◽  
Data Transfer ◽  
Protection Agency ◽  
Starting Point ◽  
Data Protection Law ◽  
The Relationship ◽  
Data Subject

AbstractThis article discusses the data protection issues made topical by cloud computing. It takes its starting point in a decision made by the Danish Data Protection Agency which is probably the first decision concerning this issue in an EU member state. The article focuses on the relationship between controller and processor, data security, data transfer and data subject rights. It concludes that cloud computing is a challenge but that data protection law should be able to meet that challenge.

Data Processing as an Abuse of Market Power in Multi-Sided Markets. The More Competition-Oriented Approach in the German Federal Supreme Court’s Interim Decision KVR 69/19 – Facebook

2021 ◽  
Author(s):  
Mark-Oliver Mackenrodt
Keyword(s):  
Data Processing ◽  
Supreme Court ◽  
Market Power ◽  
Data Protection ◽  
Competition Law ◽  
Competition Authority ◽  
Data Protection Law ◽  
Court Proceedings ◽  
The Relationship ◽  
Federal Supreme

Abstract The relationship between competition law and data protection law has been a highly controversial issue following the German Competition Authority’s (Bundeskartellamt, hereinafter ‘Competition Authority’) decision with regard to Facebook’s data processing policy. The Competition Authority’s theory of harm was centered around an exploitative abuse of market power through the imposition of a data processing policy which is in conflict with the data protection rules. In the interim court proceedings, the OLG Düsseldorf criticized the Competition Authority’s decision. The German Federal Supreme Court (Bundesgerichtshof, hereinafter ‘Federal Supreme Court’) upheld the Competition Authority’s decision. However, the Federal Supreme Court did not derive the exploitative abuse primarily from a mere violation of data protection law. Instead, the Court referred to the users’ lack of freedom of choice. The Court developed a modified theory of harm by identifying elements of an exploitative abuse but also of an exclusionary abuse. The Court’s line of argument is more competition-oriented and accounts for the particular economic features of multi-sided markets. In this line of reasoning, an actual violation of the data protection rules is not a necessary prerequisite for finding a violation of competition law.

scholarly journals Report from the DCC Workshop: Legal Environment of Digital Curation

2008 ◽  
Vol 2 (2) ◽  
pp. 133-142 ◽  
Author(s):  
Angus Whyte
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Data Protection ◽  
Freedom Of Information ◽  
Legal Environment ◽  
Legal Professionals ◽  
Digital Curation ◽  
Law And Technology

This is a report from the Legal Environment of Digital Curation workshop held at Glasgow University on November 23, 2007. The event provided an overview of legal considerations for non-legal professionals who work with data, focusing especially on intellectual property rights and licensing, data protection, freedom of information and privacy, and data as evidence. The workshop was organised in conjunction with the SCRIPT-ed journal of law and technology, and supported by JISC, the AHRC and Edinburgh University.

Distinguishing Legislation giving Expression to Fundamental Rights

2018 ◽  
pp. 110-143
Author(s):  
Elise Muir
Keyword(s):  
Data Protection ◽  
Policy Making ◽  
Political Legitimacy ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
Legislative Framework ◽  
Eu Directives ◽  
Data Protection Law ◽  
The Right ◽  
The Relationship

The specificity of fundamental rights policy-making is that the superior legal value of the right enhanced through legislation creates an extraordinary appeal for a constitutional narrative, while the uniquely sensitive nature of EU intervention in the field warrants great political legitimacy. This tension between constitutional and legislative forms of protection reaches an apex when it comes to policy-making at the EU level on matters of fundamental rights. To what extent could challenges similar to those identified in the context of EU equality law in previous chapters arise in other contexts? Chapter 4 seeks to distinguish legislation giving expression to fundamental rights, where the relationship between constitutional and legislative rights is particularly intimate, from ‘ordinary’ legislation. This warrants an enquiry into the constitutional framework in which legislation is enshrined and to which it relates, as well as into the design of the relevant legislative framework. It will be argued that equal treatment clauses which are scattered across EU directives designed to ensure the protection of atypical workers and legally residing third-country nationals should be treated as clearly distinct from the primary right to equal treatment. In contrast, EU data protection law may be driven by dynamics comparable to those identified in relation to mainstream EU equality law. This is likely to lead to increased confusion between primary and secondary layers of norms in the field.

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