The content of 'complete independence'contained in the Data Protection Directive

This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. This book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation.

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Implementation of the Data Protection Directive in Relation to Medical Research in Norway

Implementation of the Data Protection Directive in Relation to Medical Research in Europe ◽

10.4324/9781351155960-20 ◽

2017 ◽

pp. 289-305

Author(s):

Vigdis Kvalheim

Keyword(s):

Medical Research ◽

Data Protection ◽

Data Protection Directive

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Genetic Privacy

Cyber Law, Privacy, and Security ◽

10.4018/978-1-5225-8897-9.ch034 ◽

2019 ◽

pp. 713-730

Author(s):

Elsa Supiot ◽

Margo Bernelin

Keyword(s):

European Union ◽

Data Protection ◽

Privacy Protection ◽

Technological Development ◽

Genetic Data ◽

Legal Framework ◽

The European Union ◽

Genetic Privacy ◽

Data Protection Directive ◽

Health Related

This chapter analyzes the European Union framing of the protection of genetic privacy in the context of the European Commission's 2012 proposal to amend the 95/46/EC Data Protection Directive. This market-driven proposal, fitting a wider European movement with regard to health-related legal framework, takes into account the challenges to privacy protection brought by rapid technological development. Although the proposal is an attempt to clarify the 1995 Data Protection Directive, including the question of genetic data, it also creates some controversial grey areas, especially concerning the extensive regulatory role to be played by the European Commission. With regard to genetic privacy, this chapter takes the opportunity to develop on this paradox, and gives an analysis of the European design on the matter.

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Data Protection

Commentary on the European Insolvency Regulation ◽

10.1093/oso/9780198727286.003.0006 ◽

2016 ◽

Author(s):

Tibor Tajti

Keyword(s):

Data Protection ◽

Personal Data ◽

Commercial Law ◽

Insolvency Law ◽

Member States ◽

Privacy Law ◽

Data Protection Directive ◽

Data Protection Law ◽

Made In

Chapter VI is a new chapter in the EIR. Its presence signals the importance that data protection law has gained in Europe since the adoption of the Data Protection Directive 95/46/EC (DPD) and Regulation 45/2001. Although the DPD is not—though it comes close to—a maximum harmonisation directive, its implementation by Member States by the end of 1998 increased data protection standards on national levels as well. Yet the concrete reason that led to the addition of this Chapter is the expanded scope of the EIR as far as the exchange and publication of personal data is concerned. The expansion and thus the enhanced need for data protection is due in particular to the provision made in the recast EIR for newly established interconnected national insolvency registers, accessible via the European e-Justice Portal. This provision has been made at a time when data protection law is increasingly recognised as a ‘stand-alone’ subject, emancipated from privacy law, as expressed indirectly also by the popularisation of the ‘data protection’ nomenclature originating in the German term ‘Datenschutz’. This has clear implications for private and commercial law, including insolvency law.

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The Second Internet: The Brussels Bourgeois Internet

Four Internets ◽

10.1093/oso/9780197523681.003.0007 ◽

2021 ◽

pp. 77-91

Author(s):

Kieron O’Hara

Keyword(s):

European Union ◽

Public Space ◽

Data Protection ◽

The European Union ◽

Privacy Rights ◽

General Data Protection Regulation ◽

Internet Privacy ◽

Data Protection Directive ◽

General Data ◽

Data Protection Law

This chapter describes the Brussels Bourgeois Internet. The ideal consists of positive, managed liberty where rights of others are respected, as in the bourgeois public space, where liberty follows only when rights are secured. The exemplar of this approach is the European Union, which uses administrative means, soft law, and regulation to project its vision across the Internet. Privacy and data protection have become the most emblematic struggles. Under the Data Protection Directive of 1995, the European Union developed data-protection law and numerous privacy rights, including a right to be forgotten, won in a case against Google Spain in 2014, the arguments about which are dissected. The General Data Protection Regulation (GDPR) followed in 2018, amplifying this approach. GDPR is having the effect of enforcing European data-protection law on international players (the ‘Brussels effect’), while the European Union over the years has developed unmatched expertise in data-protection law.

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