scholarly journals Preserving Digital Privacy in e-Participation Environments: Towards GDPR Compliance

Information ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 117
Author(s):  
Vasiliki Diamantopoulou ◽  
Aggeliki Androutsopoulou ◽  
Stefanos Gritzalis ◽  
Yannis Charalabidis
Keyword(s):  
Public Policy ◽  
Privacy Protection ◽  
Personal Data ◽  
Policy Formulation ◽  
Sociotechnical Systems ◽  
General Data Protection Regulation ◽  
Privacy Requirements ◽  
Unexplored Area ◽  
General Data ◽  
Use Of Social Media

The application of the General Data Protection Regulation (GDPR) 2016/679/EC, the Regulation for the protection of personal data, is a challenge and must be seen as an opportunity for the redesign of the systems that are being used for the processing of personal data. An unexplored area where systems are being used to collect and process personal data are the e-Participation environment. The latest generations of such environments refer to sociotechnical systems based on the exploitation of the increasing use of Social Media, by using them as valuable tools, able to provide answers and decision support in public policy formulation. This work explores the privacy requirements that GDPR imposes in such environments, contributing to the identification of challenges that e-Participation approaches have to deal with, with regard to privacy protection.

PROTECTION OF THE RIGHT TO PRIVACY AT WORK IN THE PERIOD OF DYNAMICALLY DEVELOPING TECHNOLOGIES – TODAY AND TOMORROW

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 335-353
Author(s):  
Weronika Kupny
Keyword(s):  
Privacy Protection ◽  
Technology Development ◽  
Personal Data ◽  
Right To Privacy ◽  
General Data Protection Regulation ◽  
The Right To Privacy ◽  
General Data ◽  
The Right ◽  
The Impact ◽  
Modern Technologies

The protection of the right to privacy is one of the basic human rights and as a fundamental subject in most modern laws. Legal systems extend the privacy protection instruments to a significant extent, but at the same time they find reasons to strongly interfere in this area. Certainly, the dynamic development of modern technologies does not help the legislator to find a comprehensive solution. The article deals with the subject of privacy protection in the employment relationship on the area of innovation, technology development. In this study, the author also compares the impact of the use of modern technologies in the workplace today – in the light of the applicable regulations and tomorrow – taking into account enactment of Regulation (EU) 2016/679 of European Parlliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealinf Directive 95/46/EC (General Data Protection Regulation).

scholarly journals Regulating the European Data-Driven Economy. A Case Study on the General Data Protection Regulation

2020 ◽  
Author(s):  
Moritz Laurer ◽  
Timo Seidl
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Policy Formulation ◽  
Data Driven ◽  
The Political ◽  
General Data Protection Regulation ◽  
General Data ◽  
Institutional Legacies ◽  
The Eu

In recent years, data have become part and parcel of contemporary capitalism. This created tensions between the growing demand for personal data and the fundamental right to data protection. Against this background, the EU’s adoption of the general data protection regulation (GDPR) poses a puzzle. Why did the EU adopt a regulation that strengthens data protection despite intensive lobbying by powerful business groups? We make two arguments to explain this outcome. First, we use process tracing to show how institutional legacies triggered and structured the policy-formulation process by strengthening the position of data protection advocates within the Commission. Second, we use discourse network analysis to show that the Snowden revelations fundamentally changed the discursive and coalitional dynamics during the decision-making stage, ‘saving’ the GDPR from being watered down. Our paper contributes to the literature on the political economy of data protection while also offering a comprehensive explanationof the GDPR.

The Risk-Based Approach to Data Protection

2020 ◽  
Author(s):  
Raphaël Gellert
Keyword(s):  
Risk Management ◽  
Data Protection ◽  
Personal Data ◽  
Management Tools ◽  
General Data Protection Regulation ◽  
Regulation Theory ◽  
Régulation Theory ◽  
General Data ◽  
Data Protection Law ◽  
The Way

The main goal of this book is to provide an understanding of what is commonly referred to as “the risk-based approach to data protection”. An expression that came to the fore during the overhaul process of the EU’s General Data Protection Regulation (GDPR)—even though it can also be found in other statutes under different acceptations. At its core it consists in endowing the regulated organisation that process personal data with increased responsibility for complying with data protection mandates. Such increased compliance duties are performed through risk management tools. It addresses this topic from various perspectives. In framing the risk-based approach as the latest model of a series of regulation models, the book provides an analysis of data protection law from the perspective of regulation theory as well as risk and risk management literatures, and their mutual interlinkages. Further, it provides an overview of the policy developments that led to the adoption of such an approach, which it discusses in the light of regulation theory. It also includes various discussions pertaining to the risk-based approach’s scope and meaning, to the way it has been uptaken in statutes including key provisions such as accountability and data protection impact assessments, or to its potential and limitations. Finally, it analyses how the risk-based approach can be implemented in practice by providing technical analyses of various data protection risk management methodologies.

scholarly journals Application of Blockchain in Education: GDPR-Compliant and Scalable Certification and Verification of Academic Information

2021 ◽  
Vol 11 (10) ◽  
pp. 4537
Author(s):  
Christian Delgado-von-Eitzen ◽  
Luis Anido-Rifón ◽  
Manuel J. Fernández-Iglesias
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
General Data Protection Regulation ◽  
Certification System ◽  
Proposed Model ◽  
Different Types ◽  
International Regulations ◽  
Innovative Solution ◽  
General Data ◽  
Academic Information

Blockchain technologies are awakening in recent years the interest of different actors in various sectors and, among them, the education field, which is studying the application of these technologies to improve information traceability, accountability, and integrity, while guaranteeing its privacy, transparency, robustness, trustworthiness, and authenticity. Different interesting proposals and projects were launched and are currently being developed. Nevertheless, there are still issues not adequately addressed, such as scalability, privacy, and compliance with international regulations such as the General Data Protection Regulation in Europe. This paper analyzes the application of blockchain technologies and related challenges to issue and verify educational data and proposes an innovative solution to tackle them. The proposed model supports the issuance, storage, and verification of different types of academic information, both formal and informal, and complies with applicable regulations, protecting the privacy of users’ personal data. This proposal also addresses the scalability challenges and paves the way for a global academic certification system.

scholarly journals Has the GDPR hype affected users’ reaction to cookie disclaimers?

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Oksana Kulyk ◽  
Nina Gerber ◽  
Annika Hilt ◽  
Melanie Volkamer
Keyword(s):  
Data Protection ◽  
Media Coverage ◽  
Privacy Protection ◽  
Third Parties ◽  
Survey Study ◽  
Decision To Leave ◽  
General Data Protection Regulation ◽  
General Data ◽  
Negative Feelings

  For many years, cookies have been widely used by websites, storing information about users’ behaviour. While enabling additional functionality and potentially improving user experience, cookies can be a threat to users’ privacy, especially cookies used by third parties for data analysis. Websites providers are legally required to inform users about cookie use by displaying a so-called cookie disclaimer. We conducted a survey study in 2017 to investigate how users perceive this disclaimer and whether it affects their actual behaviour. We found that while most participants had negative feelings towards the disclaimer, the disclaimer text had no significant effect on their decision to leave the website. Since the extensive media coverage of data protection issues that accompanied the EU General Data Protection Regulation (GDPR) entry into force in May 2018 may have sensitized users to privacy protection, we conducted a follow-up study in December 2018. Our results suggest that users did not change their attitude towards cookie use in favour of privacy protection, but got even more accustomed to the use of cookies, also by third parties. Moreover, many users seem to have misconceptions regarding cookie use. We discuss the implications of our results for the users’ right to make an informed decision about their privacy.

scholarly journals Algorithms that remember: model inversion attacks and data protection law

2018 ◽  
Vol 376 (2133) ◽  
pp. 20180083 ◽  
Author(s):  
Michael Veale ◽  
Reuben Binns ◽  
Lilian Edwards
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Training Data ◽  
Theme Issue ◽  
Future Directions ◽  
Model Inversion ◽  
General Data Protection Regulation ◽  
General Data ◽  
Inference Attacks ◽  
Use Of Models

Many individuals are concerned about the governance of machine learning systems and the prevention of algorithmic harms. The EU's recent General Data Protection Regulation (GDPR) has been seen as a core tool for achieving better governance of this area. While the GDPR does apply to the use of models in some limited situations, most of its provisions relate to the governance of personal data, while models have traditionally been seen as intellectual property. We present recent work from the information security literature around ‘model inversion’ and ‘membership inference’ attacks, which indicates that the process of turning training data into machine-learned systems is not one way, and demonstrate how this could lead some models to be legally classified as personal data. Taking this as a probing experiment, we explore the different rights and obligations this would trigger and their utility, and posit future directions for algorithmic governance and regulation. This article is part of the theme issue ‘Governing artificial intelligence: ethical, legal, and technical opportunities and challenges’.

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.

scholarly journals Data Sharing Under the General Data Protection Regulation

Hypertension ◽  
2021 ◽  
Vol 77 (4) ◽  
pp. 1029-1035
Author(s):  
Antonia Vlahou ◽  
Dara Hallinan ◽  
Rolf Apweiler ◽  
Angel Argiles ◽  
Joachim Beige ◽  
...  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Research Approach ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Protection Legislation ◽  
General Data ◽  
Almost All

The General Data Protection Regulation (GDPR) became binding law in the European Union Member States in 2018, as a step toward harmonizing personal data protection legislation in the European Union. The Regulation governs almost all types of personal data processing, hence, also, those pertaining to biomedical research. The purpose of this article is to highlight the main practical issues related to data and biological sample sharing that biomedical researchers face regularly, and to specify how these are addressed in the context of GDPR, after consulting with ethics/legal experts. We identify areas in which clarifications of the GDPR are needed, particularly those related to consent requirements by study participants. Amendments should target the following: (1) restricting exceptions based on national laws and increasing harmonization, (2) confirming the concept of broad consent, and (3) defining a roadmap for secondary use of data. These changes will be achieved by acknowledged learned societies in the field taking the lead in preparing a document giving guidance for the optimal interpretation of the GDPR, which will be finalized following a period of commenting by a broad multistakeholder audience. In parallel, promoting engagement and education of the public in the relevant issues (such as different consent types or residual risk for re-identification), on both local/national and international levels, is considered critical for advancement. We hope that this article will open this broad discussion involving all major stakeholders, toward optimizing the GDPR and allowing a harmonized transnational research approach.

scholarly journals The EU General Data Protection Regulation (GDPR)

2020 ◽  
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Privacy Regulation ◽  
General Data Protection Regulation ◽  
Data Protection Directive ◽  
Ongoing Work ◽  
Protection Legislation ◽  
Recent Reform ◽  
General Data ◽  
The Eu

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.

scholarly journals Location Privacy in the Wake of the GDPR

2019 ◽  
Author(s):  
Yola Georgiadou ◽  
Rolf de By ◽  
Ourania Kounadi
Keyword(s):  
Data Protection ◽  
Location Privacy ◽  
Cultural Theory ◽  
Personal Data ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Digital Ecosystem ◽  
Protection Legislation ◽  
General Data ◽  
Conducting Research

The General Data Protection Regulation (GDPR) protects the personal data of natural persons and at the same time allows the free movement of such data within the European Union (EU). Hailed as majestic by admirers and dismissed as protectionist by critics, the Regulation is expected to have a profound impact around the world, including in the African Union (AU). For European–African consortia conducting research that may affect the privacy of African citizens, the question is ‘how to protect personal data of data subjects while at the same time ensuring a just distribution of the benefits of a global digital ecosystem?’ We use location privacy as a point of departure, because information about an individual’s location is different from other kinds of personally identifiable information. We analyse privacy at two levels, individual and cultural. Our perspective is interdisciplinary: we draw from computer science to describe three scenarios of transformation of volunteered/observed information to inferred information about a natural person and from cultural theory to distinguish four privacy cultures emerging within the EU in the wake of GDPR. We highlight recent data protection legislation in the AU and discuss factors that may accelerate or inhibit the alignment of data protection legislation in the AU with the GDPR.

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