Il Regolamento Europeo sulla protezione dei dati personali: implicazioni per la ricerca scientifica / The European Regulation on the protection of personal data: implications for scientific research

2018 ◽  
Vol 67 (2) ◽  
pp. 151-156
Author(s):  
Antonio G. Spagnolo
Keyword(s):  
Scientific Research ◽  
Personal Data ◽  
European Regulation

Non disponibile / Not available

scholarly journals A CLARIN Contractual Framework for Sharing Personal Data for Scientific Research

Introduction ◽  
2020 ◽  
Author(s):  
Krister Lindén ◽  
Aleksei Kelli ◽  
Alexandros Nousias
Keyword(s):  
Scientific Research ◽  
Personal Data

Introducing Key Elements Regarding Access to Personal Data for Scientific Research in the Perspective of Developing Innovative Medicines

2020 ◽  
Vol 27 (3) ◽  
pp. 195-212
Author(s):  
Jean Herveg ◽  
Annagrazia Altavilla
Keyword(s):  
Data Protection ◽  
Open Data ◽  
Scientific Research ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
Future Research ◽  
General Data Protection Regulation ◽  
Public Sector Information ◽  
General Data

Abstract This article aims at opening discussions and promoting future research about key elements that should be taken into account when considering new ways to organise access to personal data for scientific research in the perspective of developing innovative medicines. It provides an overview of these key elements: the different ways of accessing data, the theory of the essential facilities, the Regulation on the Free Flow of Non-personal Data, the Directive on Open Data and the re-use of public sector information, and the General Data Protection Regulation (GDPR) rules on accessing personal data for scientific research. In the perspective of fostering research, promoting innovative medicines, and having all the raw data centralised in big databases localised in Europe, we suggest to further investigate the possibility to find acceptable and balanced solutions with complete respect of fundamental rights, as well as for private life and data protection.

scholarly journals Legal Framework for Data Processing in Employee Fluctuation Risk Analysis – the European Regulation from a German Perspective

10.15771/2824 ◽  
2021 ◽  
Author(s):  
Martina Mittendorf
Keyword(s):  
Personal Data ◽  
Data Interpretation ◽  
Legal Framework ◽  
European Regulation ◽  
Legal Situation ◽  
Human Resources Managers ◽  
Interpretation Process ◽  
Hr Managers ◽  
Near Future ◽  
A Company

In connection with the management of employee retention many Human Resources Managers feel the need to know who of their employees might leave the company in the near future. The more a company knows about the motives of those who might leave, the easier it is to get in contact with them. Thus it is not surprising that the HR Managers want to try to combine all the data they have or can get in order to predict the behavior of their employees. It is evident that the interpretation of data-combinations can give inaccurate predictions of the probability of departure of an employee, and it is undesirable for this data-interpretation process to create a negative image of an employee. It is a sensitive issue for all parties involved, because managers want to retain the “good people” and keep the company going; on the other hand many employees are afraid of having all details of their work be observed. The uncertainties can hopefully be best dealt with by talking with each other. However, it is worth taking a look at the European legal situation in order to determine if these analyses are permitted at all. Therefore it is necessary to examine whether and under what conditions an analysis of employee fluctuation risk is compatible with the GDPR, which has been applicable since May 25th, 2018, and which places special conditions on the processing of personal data in Europe.

scholarly journals El reto de la ordenación del derecho fundamental a la protección de datos de carácter personal en un universo digital = A regulatory challenge to the fundamental right of the personal data protection in a digital universe

2018 ◽  
pp. 32
Author(s):  
María del Pilar Zapatero Martín
Keyword(s):  
European Union ◽  
Legal System ◽  
Data Protection ◽  
Personal Data ◽  
European Regulation ◽  
Personal Data Protection ◽  
Spanish Constitution ◽  
Regulatory Challenge

RESUMEN: En la era de las tecnologías digitales, el Derecho se enfrenta al objetivo de afrontar la protección de los datos personales en un universo global donde las fronteras se diluyen y el principio de territorialidad ha dejado de tener aplicación. Este trabajo pretende plantear el reto que supone, para el ordenamiento jurídico español, la adaptación a la nueva regulación europea en esta materia.ABSTRACT: At the digital´s technologies age, Law faces with the aim to address the personal data protection in a global universe where blurring the borders, and the territoriality principle has ceased to be applied. This paper aims to poset he challenge that supposes, to the Spanish legal system, the adaptation to the new European Union regulation on this matter.PALABRAS CLAVE: universo digital, protección de datos personales, reglamento europeo, constitución española, conflictos de competenciaKEYWORDS: digital universe, personal data protection, european regulation, spanish constitution, competence´s conflicts

scholarly journals ON SOME ASPECTS OF DATA PROTECTION IN SCIENTIFIC RESEARCH

2021 ◽  
Author(s):  
Petya Dankova ◽  
Keyword(s):  
Data Protection ◽  
Code Of Conduct ◽  
Scientific Research ◽  
Personal Data ◽  
Ethical Aspects ◽  
European Code ◽  
General Regulation

This paper discusses issues related to gathering, processing and protection of personal data in scientific research. Highlights of the General Regulation on Data Protection and the European Code of Conduct for Research Intregrity concerning the regulatory and ethical aspects of research are presented.

EU Data Protection Regulation and How It Affects Arbitration and ADR-ODR

2021 ◽  
Vol 3 (5) ◽  
pp. 195-202
Author(s):  
Olga N. Tsiptse
Keyword(s):  
International Law ◽  
Data Protection ◽  
Alternative Dispute Resolution ◽  
Personal Responsibility ◽  
Personal Data ◽  
European Regulation ◽  
Public International Law ◽  
General Data Protection Regulation ◽  
General Data ◽  
Data Subject

On May 2018 a European Regulation, with direct force to all European Members, was in action. The General Data Protection Regulation, EU2016/679. A severe Regulation that was published in 2016 and set a 2-year period of time for all the Member States to be adjusted. This text, that implies huge fines for noncompliance, also affects the ADR mechanisms, like Arbitration, Mediation, etc. There is a paramount importance Principle of accountability, that GDPR implies, which requires data controllers to take personal responsibility for data protection compliance and record the measures they take to comply with their data protection obligations. Even almost 3 years have passed, the issues still remain: How is the interaction between ADR and GDPR? Which are the roles of the actors of alternative dispute resolution methods, and due to these roles which are the responsibilities? What is considered a lawful process, in accordance with GDPR, during the procedure of an ADR mechanism? It is also paramount to take into consideration, that the scope of that European Regulation affects directly even actors of non-EU territory, according to article 3.2 & 3 GDPR: 2. This Regulation 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: - the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or – the monitoring of their behavior as far as their behavior takes place within the Union. 3. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public international law.

Article 7 Conditions for consent

2020 ◽  
Author(s):  
Eleni Kosta
Keyword(s):  
Information Society ◽  
Scientific Research ◽  
Personal Data ◽  
Article 9 ◽  
Data Portability ◽  
Definition Of ◽  
General Conditions

Article 4(11) (Definition of consent) (see too recitals 32 and 33 on consent for scientific research purposes); Article 6(1)(a) (Lawfulness of processing—consent) (see also recitals 40 and 42–43); Article 8 (Conditions applicable to child’s consent in relation to information society services); Article 9(2) (Processing of special categories of personal data—consent) (see too recital 50); Article 13(2)(c) (Information to be provided—withdrawal of consent); Article 14(2)(d) (Information to be provided—withdrawal of consent); Article 17(1)(b) (Right to erasure—withdrawal of consent) (see also recital 65); Article 18(2) (Right to restriction of processing); Article 20(1)(a) (Right to data portability) (see also recital 68); Article 22(2)(c) (Automated decisions and profiling) (see also recital 71); Article 49(1)(a) (Derogations for specific situations) (see also recital 111); Article 83 (General conditions for imposing administrative fines) (see also recitals 155 and 171).

scholarly journals The Impact of the New European Union General Data Protection Regulation (GDPR) on Data Collection at Mass Gatherings

2019 ◽  
Vol 34 (s1) ◽  
pp. s138-s138
Author(s):  
Annelies Scholliers ◽  
Dimitri De Fré ◽  
Inge D’haese ◽  
Stefan Gogaert
Keyword(s):  
European Union ◽  
Data Collection ◽  
Data Protection ◽  
Scientific Research ◽  
Personal Data ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Mass Gatherings ◽  
General Data ◽  
The Law

Introduction:As of May 2018, a new European privacy law called the General Data Protection Regulation (GDPR) is in order. With this law, every organization operating in the European Union (EU), needs to adhere to a strict set of rules concerning collection and processing of personal data.Aim:To explore the consequences of the GDPR for data collection at mass gatherings in the European Union.Methods:Since the law was published on April 27, 2016, a thorough reading of the law was conducted by 4 persons with a background in mass gathering health. The GDPR consists of 99 articles organized into 11 chapters. There are also 173 recitals to further explain certain ambiguities. Key articles and recitals relating to healthcare and scientific research were identified. Possible pitfalls and opportunities for data collection and processing at mass gatherings were noted.Discussion:Under article 4, key definitions are noted. There is a clear definition of “data concerning health”. According to the GDPR, health data is a special category of personal data which should not be processed according to article 9(1). However, there is an exception for scientific research (article 9(2)(j)). There are a few safeguards in place, as laid out in article 89. One interesting point is that according to article 89(2), certain derogations can take place if the law interferes with scientific research. The GDPR has major consequences for data collection and processing in the EU. However, with the use of certain safeguards (e.g., pseudonymization) there are still ample opportunities for scientific research. It is important to review one’s method of data collection to make sure it complies with the GDPR.

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