Google’s Dead End, or: on Street View and the Right to Data Protection

2012 ◽  
Vol 13 (4) ◽  
Author(s):  
Bart van der Sloot ◽  
Frederik J. Zuiderveen Borgesius
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
The Internet ◽  
Daily Lives ◽  
Street View ◽  
Dead End ◽  
The World ◽  
Right To Information ◽  
The Right ◽  
A Company

AbstractMay a company photograph the daily lives of people all over the world, store those photos, and publish them on the internet? This article assesses which obligations Google has to fulfil in order to respect the European data protection rules. The focus lies on three questions. First, which data processed for the Street View service are personal data? Second, does Google have a legitimate ground for processing personal data? Third, does Google comply with its transparency obligations and does it respect the rights of the data subjects, specifically their right to information?

scholarly journals Can the Internet Forget? – Rhe Eight to be Forgotten in the EU Law and its Actual Impact on the Internet. Comparison of the Approaches Towards the Notion and Assessment of its Effectiveness

2020 ◽  
Vol 9 (1) ◽  
pp. 86-101
Author(s):  
Aleksandra Gebuza
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
The Internet ◽  
Eu Law ◽  
General Data Protection Regulation ◽  
Actual Impact ◽  
Right To Be Forgotten ◽  
General Data ◽  
The Right ◽  
The Eu

AbstractThe main aim of the article is to provide analysis on the notion of the right to be forgotten developed by the CJEU in the ruling Google v. AEPD & Gonzalez and by the General Data Protection Regulation within the context of the processing of personal data on the Internet. The analysis provides the comparison of approach towards the notion between European and American jurisprudence and doctrine, in order to demonstrate the scale of difficulty in applying the concept in practice.

scholarly journals Constitutional Protection of Public Figures’ Personal Data on the Internet

2020 ◽  
pp. 68-77
Author(s):  
Galina N. Komkova ◽  
Alla V. Basova ◽  
Rima A. Torosyan
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
The Internet ◽  
Public Officials ◽  
The Public ◽  
Constitutional Protection ◽  
Personal Data Protection ◽  
Public Figures ◽  
Use Of The Internet ◽  
The Right

The article presents the issue of constitutional protection of public figures’ personal data on the Internet. The authors claim that the use of the Internet is not always aimed at achieving legitimate goals, in some cases it leads to violation of the person’s human rights. Most often, the right to protect public officials’ and celebrities’ personal data is violated on the Internet. Analysis of the examples of illegal use and distribution of public figures’ personal data on the Internet results in the conclusion that there are three types of offenses in the field of public figures’ personal data protection in information networks. The research proves that the public figures’ personal data protection on the Internet is still at the stage of its formation

scholarly journals Data Profiling and Elections: Has Data-Driven Political Campaign Gone Too Far?

2019 ◽  
Vol 3 (1) ◽  
pp. 95
Author(s):  
Alia Yofira Karunian ◽  
Helka Halme ◽  
Ann-Marie Söderholm
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Data Driven ◽  
The European Union ◽  
Political Campaign ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Data Profiling ◽  
Right To Information ◽  
The Right

In the age of digitalization, data-driven political campaign has rapidly shifted into sophisticated data profiling and big data analysis. In Indonesia, the privacy implications of data profiling for political purposes have not been thoroughly studied, much less regulated. This paper aims to conduct a comparative regulatory study between the European Union General Data Protection Regulation (EU GDPR) and Indonesian laws concerning personal data protection in facing the growing practice of data profiling for political purposes. In conclusion, in order to prevent unfair and non-transparent data profiling for political purposes in the upcoming 2019 general election, Indonesia should enact a comprehensive data protection law which provides data subjects with the right to information related to profiling and establishing independent supervisory authority.      

scholarly journals EU Data Protection Rules and the Lack of Compliance in Sweden

2020 ◽  
Vol 3 (2) ◽  
pp. 95-103
Author(s):  
Ester Herlin-Karnell
Keyword(s):  
Data Protection ◽  
Market Access ◽  
Personal Data ◽  
Fundamental Rights ◽  
The Internet ◽  
Eu Law ◽  
Private Data ◽  
External Dimension ◽  
The Right ◽  
The Eu

In this short reflection paper, I will set out to explain how and why Sweden breaches EU data protection rules. I will start by providing a brief overview of the EU data protection framework to paint the background picture. Thereafter I will discuss the scope for derogating from the obligations set out in the GDPR and thereby test the Swedish exception and show that it is not proportionate and undermines the purpose of the GDPR. Subsequently, I will discuss why some core fundamental rights of EU law should not be possible to derogate from, when as in the Swedish case it seems to boil down to economic question of who gets to own the data. I will conclude by linking the question of the right to data protection and why licenses should not give companies a carte blanche to publish personal data about people in Sweden to the question of market access. There is an imbalanced relationship here, to use the internal market vocabulary, with Swedish people having all their private data published online while other EU states do not do that. Likewise, there is an external dimension here: the data is available on the internet globally and therefore third countries also access it.

scholarly journals Constitutionalization of digital rights: domestic practice and foreign experience

2020 ◽  
pp. 129-133
Author(s):  
Natalia Verlos
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Digital Transformation ◽  
Constitutional Rights ◽  
Digital Rights ◽  
Constitutional Level ◽  
European Court ◽  
Right To Information ◽  
The Right ◽  
Digital Human

The article covers the topical problem of constitutionalization of digital human rights in the conditions of digital transformation.The study analyzes doctrinal approaches to the definition of digital human rights as a legal category, the monitoring of the positive internationalexperience of constitutionalization of digital rights, which can be borrowed in the process of the constitutional reform inUkraine.In the study, based on the analysis of normative experience of foreign countries, the author proposes to identify two ways ofdomestic regulation of digital rights: first, it is the constitutionalization of digital rights, with changing the text of the constitution toregulate digital rights at the highest constitutional level, and second, it is the digitization of constitutional rights, when the rightsenshrined in the constitution become updated on the basis of constitutional decisions, the case-law of the European Court of HumanRights or in the relevant legislation.It is proposed to distinguish “digital rights”, including the right to access to electronic devices and telecommunications networks(Internet), the right to protection of personal data, the right to information self-identification, the right to anonymity, the right to be forgotten,the right to free transfer and dissemination of information, etc. However, it should be taken into consideration that in the processof reforming and carrying out constitutional and legal modernization, it is necessary to take into account the possibility and necessityof the realization of fundamental human rights, which are already defined in the Constitution of Ukraine, but are being implemented inthe conditions of digitalization.It is emphasized that in the process of development of the constitutional law of Ukraine the potential of digital transformation isnot realized in full today, and perspective tendencies have such priorities as the development of network forms of interaction, communicativetechnologies of control and planning, formation of qualitatively updated model of digital rights development. Also, in order toincrease the effectiveness of the implementation of digital rights, it is necessary to use the legal reception from countries where constitutionaland legal modernization has already taken place taking into account the digital transformation and has a positive experience ofregulation, including at the highest constitutional level. It should be borne in mind that in addition to ensuring and implementing digitalhuman rights, it is necessary to develop a concept of digital duties and responsibilities for the violation of these rights in order to preventnegative risks and abuse.

scholarly journals A survey on approaches to the protection of personal data gathered by IoT devices

2018 ◽  
Author(s):  
Henry Tranter
Keyword(s):  
Internet Of Things ◽  
Personal Data ◽  
The Internet ◽  
Ideal Solution ◽  
Security Systems ◽  
Personal Lives ◽  
Is Security ◽  
The World ◽  
Iot Devices ◽  
The Internet Of Things

Security is always at the forefront of developing technologies. One can seldom go a week without hearing of a new data breach or hacking attempt from various groups around the world, often taking advantage of a simple flaw in a system’s architecture. The Internet of Things (IoT) is one of these developing technologies which may be at risk of such attacks. IoT devices are becoming more and more prevalent in everyday life. From keeping track of an individual’s health, to suggesting meals from items available in an individual’s fridge, these technologies are taking a much larger role in the personal lives of their users. With this in mind, how is security being considered in the development of these technologies? Are these devices that monitor individual’s personal lives just additional vectors for potential data theft? Throughout this survey, various approaches to the development of security systems concerning IoT devices in the home will be discussed, compared, and contrasted in the hope of providing an ideal solution to the problems this technology may produce.

scholarly journals Consent by GDPR vs. Blockchain

2020 ◽  
Vol 12 (1) ◽  
pp. 149-166
Author(s):  
Bruno Moslavac
Keyword(s):  
Comparative Method ◽  
Personal Data ◽  
Daily Lives ◽  
Personal Data Protection ◽  
Blockchain Technology ◽  
Explicit Consent ◽  
Data Processor ◽  
On Line ◽  
A Chain ◽  
The Right

The role of consent in personal data protection today is probably the first question for researches on how it impacts in our daily lives, ordinarily or on-line. This paper uses comparative method analyzes seemingly opposed essential parts of consent due to lawfulness of personal data processing versus inclusion of same data in a chain using blockchain technology, with the hypothesis that freewill public announcement of personal data substitute explicit consent for their processing. Finally, the author concludes that the principle of lawfulness stated by GDPR is not violated if the personal data processor using blockchain technology does not obtain consent for the processing of personal data, voluntarily put into the chain by another subject in the same “chain” and the “right to be forgotten” isn’t absolute right.

scholarly journals A survey on approaches to the protection of personal data gathered by IoT devices

2018 ◽  
Author(s):  
Henry Tranter
Keyword(s):  
Internet Of Things ◽  
Personal Data ◽  
The Internet ◽  
Ideal Solution ◽  
Security Systems ◽  
Personal Lives ◽  
Is Security ◽  
The World ◽  
Iot Devices ◽  
The Internet Of Things

Security is always at the forefront of developing technologies. One can seldom go a week without hearing of a new data breach or hacking attempt from various groups around the world, often taking advantage of a simple flaw in a system’s architecture. The Internet of Things (IoT) is one of these developing technologies which may be at risk of such attacks. IoT devices are becoming more and more prevalent in everyday life. From keeping track of an individual’s health, to suggesting meals from items available in an individual’s fridge, these technologies are taking a much larger role in the personal lives of their users. With this in mind, how is security being considered in the development of these technologies? Are these devices that monitor individual’s personal lives just additional vectors for potential data theft? Throughout this survey, various approaches to the development of security systems concerning IoT devices in the home will be discussed, compared, and contrasted in the hope of providing an ideal solution to the problems this technology may produce.

scholarly journals Personas datu aizsardzības mērķis un tiesiskā regulējuma vēsturiskā attīstība

2019 ◽  
Vol 1 (13) ◽  
pp. 104-109
Author(s):  
Agnese Reine-Vītiņa
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
European Countries ◽  
Population Census ◽  
Federal Republic Of Germany ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Government ◽  
The Right

Mūsdienās tiesības uz privāto dzīvi nepieciešamas ikvienā demokrātiskā sabiedrībā, un šo tiesību iekļaušana konstitūcijā juridiski garantē fiziskas personas rīcības brīvību un vienlaikus arī citu – valsts pamatlikumā noteikto – cilvēka tiesību īstenošanu [5]. Personas datu aizsardzības institūts tika izveidots, izpratnes par tiesību uz personas privātās dzīves neaizskaramību saturu paplašinot 20. gadsimta 70. gados, kad vairāku Eiropas valstu valdības uzsāka informācijas apstrādes projektus, piemēram, tautas skaitīšanu u. c. Informācijas tehnoloģiju attīstība ļāva arvien vairāk informācijas par personām glabāt un apstrādāt elektroniski. Viena no tiesību problēmām bija informācijas vākšana par fizisku personu un tiesību uz privātās dzīves neaizskaramību ievērošana. Lai nodrošinātu privātās dzīves aizsardzību, atsevišķas Eiropas valstis pēc savas iniciatīvas pieņēma likumus par datu aizsardzību. Pirmie likumi par personas datu aizsardzību Eiropā tika pieņemti Vācijas Federatīvajā Republikā, tad Zviedrijā (1973), Norvēģijā (1978) un citur [8, 10]. Ne visas valstis pieņēma likumus par datu aizsardzību vienlaikus, tāpēc Eiropas Padome nolēma izstrādāt konvenciju, lai unificētu datu aizsardzības noteikumus un principus. Nowadays, the right to privacy is indispensable in every democratic society and inclusion of such rights in the constitution, guarantees legally freedom of action of a natural person and, simultaneously, implementation of other human rights established in the fundamental law of the state. The institute of personal data protection was established by expanding the understanding of the content of the right to privacy in the 70’s of the 19th century, when the government of several European countries initiated information processing projects, such as population census etc. For the development of information technology, more and more information on persons was kept and processed in electronic form. One of the legal problems was gathering of information on natural persons and the right to privacy. In order to ensure the protection of privacy, separate European countries, on their own initiative, established a law on data protection. The first laws on the protection of personal data in Europe were established in the Federal Republic of Germany, then in Sweden (1973), Norway (1978) and elsewhere. Not all countries adopted laws on data protection at the same time, so the Council of Europe decided to elaborate a convention to unify data protection rules and principles.

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