scholarly journals Mobility Should Be Fun. A Consumer (Law) Perspective on Border Check Technology

2011 ◽  
Vol 11 ◽  
pp. 490-502
Author(s):  
Paul De Hert ◽  
Rocco Bellanova
Keyword(s):  
Consumer Protection ◽  
Data Protection ◽  
General Interest ◽  
Consumer Law ◽  
Use Of Data ◽  
Safety Technology ◽  
Data Protection Law ◽  
Pass Through ◽  
As If

After 9/11, states looked at transportation as if it was a matter of paying taxes: “We cannot make it fun, but we can make it efficient.” When traveling, we are asked to pass on data, give body samples, and pass through body scanners in the name of the general interest and in the name of our safety. Technology complements existing human checks and controls. Here we take a fresh look at the new security apparatuses and make transportation of humans more passenger-centered. Consumer protection law might help to complement the existing use of data protection law principles by citizen organizations. It should be possible to satisfy consumer needs, without forgetting the perspective of the citizen.

scholarly journals Neurodata and Neuroprivacy: Data Protection Outdated?

2013 ◽  
Vol 12 (1) ◽  
pp. 55-72 ◽  
Author(s):  
Dara Hallinan ◽  
Philip Schütz ◽  
Michael Friedewald ◽  
Paul De Hert
Keyword(s):  
Human Brain ◽  
Data Protection ◽  
Technical Level ◽  
Unique Form ◽  
Novel Technologies ◽  
Fundamental Level ◽  
Use Of Data ◽  
Data Protection Law ◽  
The Mind

There are a number of novel technologies and a broad range of research aimed at the collection and use of data drawn directly from the human brain. Given that this data – neurodata – is data collected from individuals, one area of law which will be of relevance is data protection. The thesis of this paper is that neurodata is a unique form of data and that this will raise questions for the application of data protection law. Issues may arise on two levels. On a legal technical level, it is uncertain whether the definitions and mechanisms used in the data protection framework can be easily applied to neurodata. On a more fundamental level, there may be interests in neurodata, particularly those related to the protection of the mind, the framework was not designed to represent and may be insufficiently equipped, or constructed, to deal with.

Legal Issues for DRM

2009 ◽  
pp. 314-334
Author(s):  
Vagelis Papakonstantinou
Keyword(s):  
Intellectual Property ◽  
Web 2.0 ◽  
Intellectual Property Rights ◽  
Data Protection ◽  
Competition Law ◽  
Legal Issues ◽  
The Internet ◽  
Property Law ◽  
Consumer Law ◽  
Data Protection Law

DRM systems have been implemented in the past few years by the Content Industry as the panacea against all copyright (and Intellectual Property Rights in general) infringements over the Internet. The validity of this statement shall be assessed in this analysis, identifying its strengths and record to-date and highlighting its shortcomings in an increasingly complex e-commerce (Web 2.0) environment. While doing this, particular attention shall be given to (mostly EU) Intellectual Property Law, Consumer Law, Data Protection Law, and Competition Law.

scholarly journals Towards Smarter Regulation in the Areas of Competition, Data Protection and Consumer Law: Why Greater Power Should Come with Greater Responsibility

2020 ◽  
pp. 1-25
Author(s):  
Inge GRAEF ◽  
Sean VAN BERLO
Keyword(s):  
Market Power ◽  
Data Protection ◽  
Consumer Law ◽  
Dominant Firms ◽  
Positive Duties ◽  
Data Protection Law ◽  
Enforcement Mechanisms ◽  
Special Responsibility ◽  
Scope Of Protection ◽  
Existing Data

Based on a mix of conceptual insights and findings from cases, this paper discusses three ways in which the effectiveness of regulation in the areas of competition, data and consumer protection can be improved by tailoring substantive protections and enforcement mechanisms to the extent of market power held by firms. First, it is analysed how market power can be integrated into the substantive scope of protection of data protection and consumer law, drawing inspiration from competition law’s special responsibility for dominant firms. Second, it is illustrated how more asymmetric and smarter enforcement of existing data protection rules against firms possessing market power can strengthen the protection of data subjects and stimulate competition based on lessons from priority-setting and cooperation by consumer authorities. Third, it is explored how competition law’s special responsibility for dominant firms can be further strengthened in analogy with the principle of accountability in data protection law. Similarly, it is discussed how positive duties to ensure fair outcomes for consumers are developed in consumer law. The analysis offers lessons for improving the ability of the three regimes to protect consumers by imposing greater responsibility on firms with greater market power and thus posing greater risks for consumer harm.

scholarly journals The Strengthening Liaison between Data Protection, Antitrust and Consumer Law in the German and Italian Big Data-Driven Economies

2021 ◽  
Vol 26 (5) ◽  
pp. 63-74
Author(s):  
Vincenzo Iaia
Keyword(s):  
Big Data ◽  
Consumer Protection ◽  
Data Protection ◽  
Management Strategy ◽  
Personal Data ◽  
Data Driven ◽  
Dominant Position ◽  
Consumer Law ◽  
Antitrust Authority ◽  
Abuse Of Dominant Position

Abstract Nowadays, personal data represent a strategic asset for companies as they can significantly influence their market position. Indeed, the issues arising from the management of large amounts of data (so-called big data) are not only relevant for data protection authorities, since this practice has also induced the intervention of competition and consumer protection authorities. The digital economy has enhanced new forms of abuses of dominant position and unfair practices, which can be performed via the handling of big data. This paper starts by analysing the German antitrust authority vs Facebook decision in which the big-tech platform was sanctioned for having performed an exploitative abuse of dominant position through its data management strategy. Then, it focuses on the Italian antitrust authority vs WhatsApp decision, where WhatsApp was deemed responsible for unfair and aggressive practices aimed at extracting users’ consent for data-sharing purposes. These two remarkable cases will be compared and further discussed, outlining the need to rethink the strengthening interplay between data protection, competition and consumer law, as it will entail a closer contact of the respective authorities to ensure the sustainability of digital markets.

Importance of Personal Data Protection Law for Commercial Air Transport

2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura
Keyword(s):  
Data Protection ◽  
Public Information ◽  
Personal Data ◽  
Air Transport ◽  
Civil Aviation ◽  
Aviation Industry ◽  
Personal Data Protection ◽  
It Systems ◽  
Data Protection Law ◽  
The Law

Abstract In the review below the author presents a general overview of the selected contemporary legal issues related to the present growth of the aviation industry and the development of aviation technologies. The review is focused on the questions at the intersection of aviation law and personal data protection law. Massive processing of passenger data (Passenger Name Record, PNR) in IT systems is a daily activity for the contemporary aviation industry. Simultaneously, since the mid- 1990s we can observe the rapid growth of personal data protection law as a very new branch of the law. The importance of this new branch of the law for the aviation industry is however still questionable and unclear. This article includes the summary of the author’s own research conducted between 2011 and 2017, in particular his audits in LOT Polish Airlines (June 2011-April 2013) and Lublin Airport (July - September 2013) and the author’s analyses of public information shared by International Civil Aviation Organization (ICAO), International Air Transport Association (IATA), Association of European Airlines (AEA), Civil Aviation Authority (ULC) and (GIODO). The purpose of the author’s research was to determine the applicability of the implementation of technical and organizational measures established by personal data protection law in aviation industry entities.

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