scholarly journals The HES-code and the data protection during COVID-19 pandemic in Turkey

Bioethica ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 69
Author(s):  
Sabah Mine Cangil
Keyword(s):  
Data Protection ◽  
Mobile Applications ◽  
Personal Data ◽  
Health Data ◽  
Fundamental Rights ◽  
Legal Issues ◽  
Legal Problems ◽  
Fundamental Rights And Freedoms ◽  
The Individual

Mobile applications are a beneficial tool to fight the coronavirus. With the mobile tracing applications, it became easier to cut the chain of transmission of the virus and reduce the number of daily cases. Many countries developed their applications and made them available to their citizens. While using these applications, it is necessary to protect the fundamental rights and freedoms of the individual. This frequent processing of individuals' health data has created legal problems regarding the protection of personal data. The purpose of this paper is to present a study on the Turkish Covid-19 tracing application “Hayat Eve Sığar-HES” and the legal issues behind the application. 

Foundations of Data Protection Law

2020 ◽  
pp. 37-116
Author(s):  
Jef Ausloos
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
Historical Overview ◽  
Legislative History ◽  
Ex Post ◽  
Technological Developments ◽  
Data Protection Law ◽  
Fundamental Rights And Freedoms ◽  
The Right

Chapter 2 lays the groundwork for the rest of the book, clearly delineating the fundamental right to data protection, its relation to the GDPR, and the right to erasure in it. The historical overview demonstrates that the emergence of data protection is inherently tied to technological developments and how these may amplify power asymmetries. It is also made clear that informational self-determination or control over personal data lies at the heart of the fundamental right to data protection as proclaimed in Article 8 Charter. This is a clear difference with the GDPR that has a much wider prerogative, ie protecting all fundamental rights and freedoms whenever personal data is being processed. Put differently, whereas Article 8 Charter safeguards a minimum level of control over one’s personal data, the GDPR installs a fair balancing framework that safeguards any and all fundamental rights and freedoms as they are affected by the processing of personal data. The substantive provisions of the GDPR can be divided into four categories along the lines of ex ante v ex post and protective v empowerment measures (see data protection matrix). This chapter ends with positioning the right to erasure within the GDPR’s arsenal of ex post empowerment measures, describing its legislative history as well as its main benefits and drawbacks.

scholarly journals EUROPEAN UNION DATA PROTECTION LAW AND MEDIA EXPRESSION: FUNDAMENTALLY OFF BALANCE

2016 ◽  
Vol 65 (1) ◽  
pp. 139-183 ◽  
Author(s):  
David Erdos
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
Sensitive Information ◽  
European Economic Area ◽  
Systematic Analysis ◽  
Criminal Convictions ◽  
European Data ◽  
Data Protection Directive ◽  
Fundamental Rights And Freedoms

AbstractThe European Data Protection Directive 95/46/EC requires all European Economic Area (EEA) jurisdictions to provide an equivalent regime protecting the privacy and other fundamental rights and freedoms of natural persons in relation to personal data processing, whilst also shielding media expression from the default substantive requirements as necessary to ensure a balance between fundamental rights. Through a comprehensive coding of the derogations set out in each jurisdiction's data protection laws, this article provides the first systematic analysis of whether this has in fact been achieved. It is demonstrated that there is a total lack of even minimal harmonization in this area, with many laws providing for patently unbalanced results especially as regards the publication of sensitive information, which includes criminal convictions and political opinion, and the collection of information without notice direct from the data subject. This reality radically undermines European data protection's twin purposes of ensuring the free flow of personal data and protecting fundamental rights, an outcome which remains largely unaddressed by the proposed new Data Protection Regulation. Practical suggestions are put forward to ameliorate these troubling inconsistencies within the current process of reform.

scholarly journals EL CONSENTIMIENTO PARA TRATAMIENTO DE DATOS PERSONALES DE SALUD EN TIEMPOS DEL COVID-19

2020 ◽  
pp. 145-164
Author(s):  
RAÚL VÁSQUEZ RODRÍGUEZ
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Personal Data ◽  
Emergency Situation ◽  
Health Data ◽  
Fundamental Rights ◽  
Health Protection ◽  
Personal Health ◽  
Constitutional Development ◽  
Personal Data Protection

El presente artículo se centra en la interacción entre los derechos fundamentales a la protección de los datos personales y a la protección de la salud, en el marco de la lucha contra el covid-19 en el Perú. Se inicia el estudio con el desarrollo constitucional de tales derechos, para luego revisar sus respectivas normas legales, teniendo como objetivo esclarecer una de las herramientas básicas que permiten superar los conflictos que se presenten entre ambos en la presente circunstancia de emergencia nacional por el covid-19, concerniente al consentimiento para el tratamiento de datos personales. Adicionalmente, se estudiarán dos casos de tratamiento de datos personales en acciones de prevención del covid-19, que evidencian la pacífica coexistencia entre los derechos constitucionales y los intereses surgidos de la actual situación sanitaria. This paper focuses on interaction between fundamental rights of personal data protection and health protection, in the frame of fighting against covid-19 in Peru. This research begins with constitutional development of those rights, in order to review their related laws, having like an objective clarifying one of their basic legal resources which allow overcome any struggling between those rights during the current emergency state due to covid-19, related to c onsent for personal health data processing. In addition, twocases of personal data processing in preventing covid-19 actions will be studied, which show a peaceful interaction between aforementioned rights and interests arising from current emergency situation.

scholarly journals To Post, or Not to Post – That Is the Question: Employee Monitoring and Employees’ Right to Data Protection

2017 ◽  
Vol 11 (2) ◽  
pp. 185-214
Author(s):  
Adrienn Lukács
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
Background Checks ◽  
The Right To Privacy ◽  
Legitimate Interests ◽  
Prospective Employer ◽  
The Individual ◽  
The Right

Nowadays social media have a growing importance in several areas of our lives. They are used for numerous objectives: self-expression, keeping in touch with acquaintances, communication or obtaining information about the latest events and news. During their use the individual shares a significant amount of personal data. This conduct can have serious implications for employment. The (prospective) employer is interested in the surveillance of these sites for several reasons, as he/she can easily gain insight into the individual’s private life and obtain, without costs, detailed information about him/her. The legal problem arising is that the employee’s fundamental rights – namely the right to privacy and the right to data protection – collide with the employer’s legitimate interests.The aim of the paper is to highlight the different rights and interests present on the two sides of the parties in the employment relationship; focusing on the employee’s right to data protection and on the employer’s legitimate interests in monitoring employees. As a result of the paper, I will draw attention to the legal problems lying behind social network background checks and monitoring. I will provide recommendations on how users and employers can continue using these sites while still preserving privacy.

Regulatory Challenges of Data Mining Practices: The Case of the Never-ending Lifecycles of ‘Health Data’

2018 ◽  
Vol 25 (3) ◽  
pp. 284-307
Author(s):  
Giovanni Comandè ◽  
Giulia Schneider
Keyword(s):  
Data Mining ◽  
Data Protection ◽  
Personal Data ◽  
Health Data ◽  
General Level ◽  
General Data Protection Regulation ◽  
The Face ◽  
General Data ◽  
Level Of Analysis

Abstract Health data are the most special of the ‘special categories’ of data under Art. 9 of the General Data Protection Regulation (GDPR). The same Art. 9 GDPR prohibits, with broad exceptions, the processing of ‘data concerning health’. Our thesis is that, through data mining technologies, health data have progressively undergone a process of distancing from the healthcare sphere as far as the generation, the processing and the uses are concerned. The case study aims thus to test the endurance of the ‘special category’ of health data in the face of data mining technologies and the never-ending lifecycles of health data they feed. At a more general level of analysis, the case of health data shows that data mining techniques challenge core data protection notions, such as the distinction between sensitive and non-sensitive personal data, requiring a shift in terms of systemic perspectives that the GDPR only partly addresses.

International Transfers of Personal Data

2011 ◽  
pp. 292-315
Author(s):  
Sam De Silva
Keyword(s):  
Data Protection ◽  
Explicit Knowledge ◽  
Personal Information ◽  
Personal Data ◽  
Legal Compliance ◽  
Global Nature ◽  
The Individual ◽  
The Uk ◽  
Data Controller ◽  
International Transfers

Developments in technology and the global nature of business means that personal information about individuals in the UK may often be processed overseas, frequently without the explicit knowledge or consent of those individuals. This raises issues such as the security of such data, who may have access to it and for what purposes and what rights the individual may have to object. The Data Protection Act 1998 provides a standard of protection for personal data, including in respect of personal data that is being transferred outside of the UK. Chapter 18 focus on how a UK data controller (the organisation that controls how and why personal data is processed and is therefore legally responsible for compliance) can fulfil its business and operational requirements in transferring personal data outside the EEA, whilst ensuring legal compliance.

The Impact of Data Protection Regulations on Start-Up Enterprises

2021 ◽  
pp. 120-133
Author(s):  
Cumhur Boyacioglu ◽  
Orkun Yıldız
Keyword(s):  
Data Protection ◽  
Personal Information ◽  
Personal Data ◽  
Legal Protection ◽  
Extended Period ◽  
Legal Form ◽  
Legal Traditions ◽  
Legal Problems ◽  
Start Up ◽  
The One

Information is vital for enterprises. However, the usage of information uniquely personal data leads to various legal problems. On the one side, enterprises require free and unlimited usage of personal data as much as possible for their continuity and progression. On the other side, natural and legal persons seek legal protection regarding their personal information or market position. It is challenging to find a fair and reasonable balance that can last for an extended period in such a dynamic field. This article evaluates the general tendencies concerning data usage, sharing, and protection problems considering Start-Up enterprises' situation aside from their legal form. The problems mainly arise in the fields of data protection and unfair competition. Some of the legal problems are also related to intellectual property. Instead of trying to find general and local solutions, it seems more useful to seek and find solutions that shall take the interests of various enterprises and companies from diverse sectors and legal traditions employing good practices. Of course, it is not very easy to reach solutions that will be accepted by all the related parties. The legal solutions should not constraint Start-Up enterprises' innovative progress, as well as meeting related parties' protection and fair trade expectations. Otherwise, privacy violations and abuse of competition will be inevitable.

Jak szukać i nie pogubić się w gąszczu przepisów? Problematyka prawna poszukiwań genealogicznych

2021 ◽  
pp. 179-192
Author(s):  
Aleksandra Kluczewska ◽  
Keyword(s):  
Death Certificate ◽  
Personal Data ◽  
Legal Issues ◽  
Legal Regulations ◽  
Valuable Source ◽  
Eu Regulation ◽  
Legal Problems ◽  
The Law ◽  
Administrative Courts ◽  
The Eu

For a genealogist, each birth, baptism, marriage and death certificate is a valuable source of research. It turns out, however, that genealogists in their work encounter obstacles related to the restriction of access to these sources. This “brake” is legal regulations that can effectively discourage a genealogist from continuing their research. The aim of this article is to present the legal issues of genealogical research, especially in terms of the practice of applying the law and emerging problems in jurisprudence. In her article, the author presented the currently existing legal regulations, which in some cases may hinder genealogists from accessing searches, including legal problems related to the EU Regulation on the Protection of Personal Data (GDPR) in force since May 2018. The article also presents the problem of access to genealogical research from its practical side, recalling the decisions of Provincial Administrative Courts and the Supreme Administrative Court.

scholarly journals The GDPR as Global Data Protection Regulation?

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 5-9 ◽  
Author(s):  
Cedric Ryngaert ◽  
Mistale Taylor
Keyword(s):  
International Law ◽  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
General Data Protection Regulation ◽  
Data Protection Directive ◽  
Protection Legislation ◽  
General Data ◽  
Global Data ◽  
The Eu

The deterritorialization of the Internet and international communications technology has given rise to acute jurisdictional questions regarding who may regulate online activities. In the absence of a global regulator, states act unilaterally, applying their own laws to transborder activities. The EU's “extraterritorial” application of its data protection legislation—initially the Data Protection Directive (DPD) and, since 2018, the General Data Protection Regulation (GDPR)—is a case in point. The GDPR applies to “the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services . . . to such data subjects in the Union; or (b) the monitoring of their behaviour . . . within the Union.” It also conditions data transfers outside the EU on third states having adequate (meaning essentially equivalent) data protection standards. This essay outlines forms of extraterritoriality evident in EU data protection law, which could be legitimized by certain fundamental rights obligations. It then looks at how the EU balances data protection with third states’ countervailing interests. This approach can involve burdens not only for third states or corporations, but also for the EU political branches themselves. EU law viewed through the lens of public international law shows how local regulation is going global, despite its goal of protecting only EU data subjects.

Enhancing Compliance under the General Data Protection Regulation: The Risky Upshot of the Accountability- and Risk-based Approach

2018 ◽  
Vol 9 (3) ◽  
pp. 502-526 ◽  
Author(s):  
Claudia QUELLE
Keyword(s):  
Data Protection ◽  
Fundamental Rights ◽  
New Approach ◽  
General Data Protection Regulation ◽  
Legal Norms ◽  
Improve Compliance ◽  
Rules And Principles ◽  
General Data ◽  
Data Protection Law ◽  
Fundamental Rights And Freedoms

The risk-based approach has been introduced to the General Data Protection Regulation (GDPR) to make the rules and principles of data protection law “work better”. Organisations are required to calibrate the legal norms in the GDPR with an eye to the risks posed to the rights and freedoms of individuals. This article is devoted to an analysis of the way in which this new approach relates to “tick-box” compliance. How can the law enhance itself? If handled properly by controllers and supervisory authorities, the risk-based approach can bring about a valuable shift in data protection towards substantive protection of fundamental rights and freedoms. While the risk-based approach has a lot of potential, it also has a risk of its own: it relies on controllers to improve compliance, formulating what it means to attain compliance 2.0.

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