Regimul juridic al protecciei datelor cu caracter personal este in proces de reggndire (The Legal Framework on Data Protection Is in a Rethinking Process)

2015 ◽  
Author(s):  
Mihai Sandru
Keyword(s):  
Data Protection ◽  
Legal Framework

In/acceptable marketing and consumers' privacy expectations: four tests from EU data protection law

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Gianclaudio Malgieri
Keyword(s):  
Data Protection ◽  
Legal Framework ◽  
Online Marketing ◽  
Step Test ◽  
The European Union ◽  
Content Type ◽  
General Data Protection Regulation ◽  
Managerial Implications ◽  
Data Protection Law ◽  
Legal Frameworks

Purpose This study aims to discover the legal borderline between licit online marketing and illicit privacy-intrusive and manipulative marketing, considering in particular consumers’ expectations of privacy. Design/methodology/approach A doctrinal legal research methodology is applied throughout with reference to the relevant legislative frameworks. In particular, this study analyzes the European Union (EU) data protection law [General Data Protection Regulation (GDPR)] framework (as it is one of the most advanced privacy laws in the world, with strong extra-territorial impact in other countries and consequent risks of high fines), as compared to privacy scholarship on the field and extract a compliance framework for marketers. Findings The GDPR is a solid compliance framework that can help to distinguish licit marketing from illicit one. It brings clarity through four legal tests: fairness test, lawfulness test, significant effect test and the high-risk test. The performance of these tests can be beneficial to consumers and marketers in particular considering that meeting consumers’ expectation of privacy can enhance their trust. A solution for marketers to respect and leverage consumers’ privacy expectations is twofold: enhancing critical transparency and avoiding the exploitation of individual vulnerabilities. Research limitations/implications This study is limited to the European legal framework scenario and to theoretical analysis. Further research is necessary to investigate other legal frameworks and to prove this model in practice, measuring not only the consumers’ expectation of privacy in different contexts but also the practical managerial implications of the four GDPR tests for marketers. Originality/value This study originally contextualizes the most recent privacy scholarship on online manipulation within the EU legal framework, proposing an easy and accessible four-step test and twofold solution for marketers. Such a test might be beneficial both for marketers and for consumers’ expectations of privacy.

scholarly journals The European Union and the Search for an International Data Protection Framework

2014 ◽  
Vol 2 (2) ◽  
pp. 55 ◽  
Author(s):  
Christopher Kuner
Keyword(s):  
European Union ◽  
Data Protection ◽  
Legal Framework ◽  
Fundamental Rights ◽  
The European Union ◽  
International Data ◽  
Data Protection Law ◽  
Eu Fundamental Rights ◽  
Global Data ◽  
The Eu

The European Union (EU) has supported the growing calls for the creation of an international legal framework to safeguard data protection rights. At the same time, it has worked to spread its data protection law to other regions, and recent judgments of the Court of Justice of the European Union (CJEU) have reaffirmed the autonomous nature of EU law and the primacy of EU fundamental rights law. The tension between initiatives to create a global data protection framework and the assertion of EU data protection law raises questions about how the EU can best promote data protection on a global level, and about the EU’s responsibilities to third countries that have adopted its system of data protection.

scholarly journals Artificial intelligence, Digital Single Market and the proposal of a right to fair and reasonable inferences: a legal issue between ethics and techniques

2019 ◽  
Vol 5 (2) ◽  
pp. 75-91
Author(s):  
Alexandre Veronese ◽  
Alessandra Silveira ◽  
Amanda Nunes Lopes Espiñeira Lemos
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Single Market ◽  
Legal Issue ◽  
The European Union ◽  
European Union Law ◽  
General Data Protection Regulation

The article discusses the ethical and technical consequences of Artificial intelligence (hereinafter, A.I) applications and their usage of the European Union data protection legal framework to enable citizens to defend themselves against them. This goal is under the larger European Union Digital Single Market policy, which has concerns about how this subject correlates with personal data protection. The article has four sections. The first one introduces the main issue by describing the importance of AI applications in the contemporary world scenario. The second one describes some fundamental concepts about AI. The third section has an analysis of the ongoing policies for AI in the European Union and the Council of Europe proposal about ethics applicable to AI in the judicial systems. The fourth section is the conclusion, which debates the current legal mechanisms for citizens protection against fully automated decisions, based on European Union Law and in particular the General Data Protection Regulation. The conclusion will be that European Union Law is still under construction when it comes to providing effective protection to its citizens against automated inferences that are unfair or unreasonable.

Protecting Genetic Privacy in Biobanking through Data Protection Law

2021 ◽  
Author(s):  
Dara Hallinan
Keyword(s):  
Data Protection ◽  
Critical Infrastructure ◽  
Legal Framework ◽  
Privacy Rights ◽  
Genetic Privacy ◽  
General Data Protection Regulation ◽  
General Data ◽  
Research Biobanks ◽  
The Subject ◽  
Data Protection Law

Biobanks are critical infrastructure for medical research. Biobanks, however, are also the subject of considerable ethical and legal uncertainty. Given that biobanks process large quantities of genomic data, questions have emerged as to how genetic privacy should be protected. What types of genetic privacy rights and rights holders should be protected and to what extent? Since 25 May 2018, the General Data Protection Regulation (GDPR) has applied and now occupies a key position in the European legal framework for the regulation of biobanking. This book takes an in-depth look at the function, problems, and opportunities presented by European data protection law under the GDPR as a framework for the protection of genetic privacy in biobanking. It argues that the substantive framework presented by the GDPR already offers an admirable baseline level of protection for the range of genetic privacy rights engaged by biobanking. The book further contends that while numerous problems with this standard of protection are indeed identifiable, the GDPR offers the flexibility to accommodate solutions to these problems, as well as the procedural mechanisms to realise these solutions.

Genetic Privacy

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.

Employees' Protection

2018 ◽  
pp. 1133-1152
Author(s):  
Chrysi Chrysochou ◽  
Ioannis Iglezakis
Keyword(s):  
Data Protection ◽  
General Framework ◽  
Case Law ◽  
Legal Framework ◽  
Smart Devices ◽  
Dominant Position ◽  
Digital Workplace ◽  
Surveillance Technology ◽  
Workplace Surveillance

This chapter describes the conflict between employers' legitimate rights and employees' right to privacy and data protection as a result of the shift in workplace surveillance from a non-digital to a technologically advanced one. Section 1 describes the transition from non-digital workplace surveillance to an Internet-centred one, where “smart” devices are in a dominant position. Section 2 focuses on the legal framework (supranational and national legislation and case law) of workplace surveillance. In section 3, one case study regarding wearable technology and the law is carried out to prove that national and European legislation are not adequate to deal with all issues and ambiguities arising from the use of novel surveillance technology at work. The chapter concludes by noting that the adoption of sector specific legislation for employees' protection is necessary, but it would be incomplete without a general framework adopting modern instruments of data protection.

The Legal Framework for Data and Consumer Protection in Europe

2009 ◽  
pp. 326-346
Author(s):  
Charles O’Mahony
Keyword(s):  
Economic Growth ◽  
European Union ◽  
Consumer Protection ◽  
Data Protection ◽  
Legal Framework ◽  
The European Union ◽  
Legal Structures ◽  
The Creation ◽  
The Law ◽  
Legal Frameworks

This chapter will discuss the legal framework for consumer and data protection in Europe. Central to this discussion will be the law of the European Union (EU) on data and consumer protection.3 Recent years have seen the creation of legal frameworks in Europe which seek to secure the protection of consumers while simultaneously facilitating economic growth in the European Union. This chapter will outline the main sources of law which protect consumers and their privacy. This chapter will outline the important provisions in these sources of law and critically analyse them. The chapter will also point up the gaps and deficiencies in the consumer and data protection legal structures.

A Legal Framework for Healthcare

2021 ◽  
pp. 1153-1170
Author(s):  
Veli Durmuş ◽  
Mert Uydaci
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Secondary Data ◽  
Legal Framework ◽  
Primary Data ◽  
Health Law ◽  
Legal Studies ◽  
European Court ◽  
International Regulations ◽  
Health Related

This chapter provides a holistic general overview of the data protection regime in Turkey. Authors present the principal rights of data protection and transmission in health law and latent ethical concerns by specifying decisions of the Supreme Court in Turkey and the European Court of Human Rights on using personal data. The research describes data protection law for health care setting in Turkey. Primary and secondary data have been used for the study. The primary data includes the information collected with current national and international regulations or law. Secondary data include publications, books, journals, and empirical legal studies. Privacy and data protection regimes in health law show there are some obligations, principles, and procedures which shall be binding upon natural or legal persons who process health-related personal data.

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