Category Archives: Reform of data protection legislation

Competitive value of data protection: the impact of data protection regulation on online behaviour

Abstract

  • The increasing demand from individuals to have their privacy respected or to take decisions about the management of their information assumes a significant role in business activities and it becomes an important element for building public trust in service providers.

  • In this scenario, keeping the focus of data protection only on the individual and his or her decisions is no longer adequate. If legislators consider data protection as a fundamental right, it is necessary to reinforce its protection in order to make it effective and not conditioned by the asymmetries which characterize the relationship between data subject and data controllers.

  • This aim is implemented by the EU proposal by means of three different instruments: data protection impact assessment, privacy by design/by default solutions, and the data minimization principle.

  • The competitive value of data protection can be assured and enhanced only if the user’s self-determination over personal data is guaranteed. From this point of view, countering the phenomena of data lock-in and ‘social’ lock-in is fundamental in order to offer privacy-oriented and trustworthy services, which increase user propensity to share data and stimulate the digital economy and fair competition.

International Data Privacy Law (2013), Oxford University Press

http://idpl.oxfordjournals.org/content/early/2013/07/14/idpl.ipt016.short

[electronic pre-print version]

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The EU Proposal for a General Data Protection Regulation and the roots of the ‘right to be forgotten’

Abstract

The EU Proposal for a General Data Protection Regulation has caused a wide debate between lawyers and legal scholars and many opinions have been voiced on the issue of the right to be forgotten. In order to analyse the relevance of the new rule provided by Article 17 of the Proposal, this paper considers the original idea of the right to be forgotten, pre-existing in both European and U.S. legal frameworks. This article focuses on the new provisions of Article 17 of the EU Proposal for a General Data Protection Regulation and evaluates its effects on court decisions. The author assumes that the new provisions do not seem to represent a revolutionary change to the existing rules with regard to the right granted to the individual, but instead have an impact on the extension of the protection of the information disseminated on-line.

http://www.sciencedirect.com/science/article/pii/S0267364913000654

 

U.S. Concern about the European Right to Be Forgotten and Free Speech: Much Ado About Nothing?

Contents: 1. Introduction. – 2. The right to be forgotten in Europe. – 3. The right to be forgotten in the U.S. – 4. The EU Proposal for a General Data Protection Regulation. – 5.
False perspectives and real problems.

1. – After the official presentation of the EU Proposal for a Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), various opinions of lawyers and law scholars have been published in U.S. newspapers, legal blogs and law reviews. Many of these do not consider the entire framework of the new provisions and seem to use the rhetorical figure of synecdoche, considering a part (the right to be forgotten) for the
whole.

Read the full paper here

 

Data Protection in a Global World

The initial approach to data protection was local, different countries adopted specific legislative measures, and in some cases concerned only specific sectors characterized by a high need for data protection. This approach is no more adequate in a world where data flows across national boundaries many times a second, and in the context of big data, where it is not possible to define in advance which kind of information is relevant and sensible.

Read the full article here (pdf format)