N. Anciaux, Célia Zolynski, Sébastien Chaudat, Riad Ladjel
The place of individuals and the control of their data have emerged as central issues in the European data protection regulation. The 'empowerment' of the individual has notably resulted in the recognition of a new prerogative for the individual: the right to the portability of personal data. The corollary of this new right is the design and deployment of technical platforms, commonly known as Personal Cloud, Personal Server or PIMS, allowing the individual to consolidate all his or her data in a single system managed under his or her control. On the strength of these technical and legal innovations, several questions arise: what forms of empowerment are targeted in practice? What are the appropriate conditions to guarantee the objective pursued? At the crossroads of these questions, one dimension appears to be insufficiently exploited: that of 'agentivity'. This article transposes this notion from the social sciences to the management of personal data, and opens up a new reading of the empowerment measures of Big Data functionalities on personal data. Personal Data, Portability Right, GDPR, Data Governance Act, PIMS, PDMS, Personal Agency, Mutual Trust
{"title":"Empowerment and ‘Big Personal Data’: From Portability to Personal Agency","authors":"N. Anciaux, Célia Zolynski, Sébastien Chaudat, Riad Ladjel","doi":"10.54648/gplr2021003","DOIUrl":"https://doi.org/10.54648/gplr2021003","url":null,"abstract":"The place of individuals and the control of their data have emerged as central issues in the European data protection regulation. The 'empowerment' of the individual has notably resulted in the recognition of a new prerogative for the individual: the right to the portability of personal data. The corollary of this new right is the design and deployment of technical platforms, commonly known as Personal Cloud, Personal Server or PIMS, allowing the individual to consolidate all his or her data in a single system managed under his or her control. On the strength of these technical and legal innovations, several questions arise: what forms of empowerment are targeted in practice? What are the appropriate conditions to guarantee the objective pursued? At the crossroads of these questions, one dimension appears to be insufficiently exploited: that of 'agentivity'. This article transposes this notion from the social sciences to the management of personal data, and opens up a new reading of the empowerment measures of Big Data functionalities on personal data.\u0000Personal Data, Portability Right, GDPR, Data Governance Act, PIMS, PDMS, Personal Agency, Mutual Trust","PeriodicalId":127582,"journal":{"name":"Global Privacy Law Review","volume":"259 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122747651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Case Note: After Schrems II: The Need for a US-EU Agreement Balancing Privacy and National Security Goals","authors":"Joshua P. Meltzer","doi":"10.54648/gplr2021007","DOIUrl":"https://doi.org/10.54648/gplr2021007","url":null,"abstract":"","PeriodicalId":127582,"journal":{"name":"Global Privacy Law Review","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134094312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article dissects the limits of the constitutionally recognized right to privacy and examines the constitutional underpinnings of the right to data protection, specifically applying the analysis in the context of narco-lists: ‘intelligence reports’, issued by Philippine President Rodrigo Duterte’s office, that contain names of public officials allegedly involved in the narcotics trade. Whether individuals named in the narco-lists would be successful in asserting the right to privacy against the release of the narco-lists is uncertain, because of their decreased expectation of privacy, their status as public figures, and the countervailing rights to be balanced. This article further conceptualizes the data protection right as a constitutional right: this right may be asserted by individuals named in the narco-lists; with this right, individuals should be able to either require the government to comply with its ex-ante protections or exercise their rights to reasonable access, to rectification, to erasure or blocking, and to damages. Privacy, Data Protection, Data Privacy, Narco-lists, Philippines Drug War
{"title":"Are Narco-Lists Covered by the Philippine Law on Privacy?: Exploring the Limits of the ‘Classic’ Right to Privacy and Applying a Constitutionally Grounded Data Protection Right","authors":"Arvin Kristopher A. Razon","doi":"10.54648/gplr2021006","DOIUrl":"https://doi.org/10.54648/gplr2021006","url":null,"abstract":"This article dissects the limits of the constitutionally recognized right to privacy and examines the constitutional underpinnings of the right to data protection, specifically applying the analysis in the context of narco-lists: ‘intelligence reports’, issued by Philippine President Rodrigo Duterte’s office, that contain names of public officials allegedly involved in the narcotics trade. Whether individuals named in the narco-lists would be successful in asserting the right to privacy against the release of the narco-lists is uncertain, because of their decreased expectation of privacy, their status as public figures, and the countervailing rights to be balanced. This article further conceptualizes the data protection right as a constitutional right: this right may be asserted by individuals named in the narco-lists; with this right, individuals should be able to either require the government to comply with its ex-ante protections or exercise their rights to reasonable access, to rectification, to erasure or blocking, and to damages.\u0000Privacy, Data Protection, Data Privacy, Narco-lists, Philippines Drug War","PeriodicalId":127582,"journal":{"name":"Global Privacy Law Review","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124087772","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
EDPB, GDPR, Schrems, CJEU, data transfers, Privacy Shield
EDPB, GDPR, Schrems, CJEU，数据传输，隐私盾
{"title":"Case Note: Recommendations of the EDPB Further to the CJEU’s Schrems II Judgment: One Step Forward, Two Steps Back?","authors":"Emmanuel Ronco, Natascha Gerlach, Natalie Farmer","doi":"10.54648/gplr2021008","DOIUrl":"https://doi.org/10.54648/gplr2021008","url":null,"abstract":"EDPB, GDPR, Schrems, CJEU, data transfers, Privacy Shield","PeriodicalId":127582,"journal":{"name":"Global Privacy Law Review","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121049111","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Open Banking & Banking-as-a-Service (BaaS): A Delicate Turnout for the Banking Sector","authors":"Leyla Keser Berber, A. Atabey","doi":"10.54648/gplr2021009","DOIUrl":"https://doi.org/10.54648/gplr2021009","url":null,"abstract":"","PeriodicalId":127582,"journal":{"name":"Global Privacy Law Review","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128978085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The relationship between data protection law and antitrust law is – also and especially with regard to undertakings with a dominant position in the market of digital economy (i.e. big tech companies) – with good reason a highlighted subject of legislation and case law, legal practice and research activities. This article examines whether and to what extent the antitrust law-concept of market power may have effects in the fields of data protection law. The very elements of lawfulness laid down in Article 6 of the General Data Protection Regulation (GDPR), which are decisive for the lawful processing of personal data, are used as a reference for this purpose. Market Power, Antitrust Law, Dominant Position, Legitimate Interests, Consent, Data Portability, Voluntariness
{"title":"Market Power in Data (Protection) Law","authors":"Boris P. Paal","doi":"10.54648/gplr2021002","DOIUrl":"https://doi.org/10.54648/gplr2021002","url":null,"abstract":"The relationship between data protection law and antitrust law is – also and especially with regard to undertakings with a dominant position in the market of digital economy (i.e. big tech companies) – with good reason a highlighted subject of legislation and case law, legal practice and research activities. This article examines whether and to what extent the antitrust law-concept of market power may have effects in the fields of data protection law. The very elements of lawfulness laid down in Article 6 of the General Data Protection Regulation (GDPR), which are decisive for the lawful processing of personal data, are used as a reference for this purpose.\u0000Market Power, Antitrust Law, Dominant Position, Legitimate Interests, Consent, Data Portability, Voluntariness","PeriodicalId":127582,"journal":{"name":"Global Privacy Law Review","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128434610","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Guest Editor’s Note: Ten-Year Overview of the Rapid Growth of the Japanese Personal Information Protection System","authors":"Kaori Ishii","doi":"10.54648/gplr2020086","DOIUrl":"https://doi.org/10.54648/gplr2020086","url":null,"abstract":"","PeriodicalId":127582,"journal":{"name":"Global Privacy Law Review","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129883031","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Globalization and the Internet have dramatically increased the international transfer of data and information. Consequently, personal data protection has become crucial in such cross-border data transfers. Personal data collected in one’s home country but processed by foreign entities must be subjected to data protection. Such regulations and rules for the international transfer of personal data are usually carried out through the laws of each country. There are two types of data protection rules associated with the cross-border transfer of personal data: restriction of cross-border data transfers and extraterritorial application of data protection rules. This article focuses on the latter type of laws and discusses the relationship between law enforcement and sovereignty. It also provides an approach for improving the rules for extraterritorial enforcement in Japan, comparing it with analogous regulations from the EU and the US
{"title":"A Comparative Study of the Extraterritorial Enforcement of Data Protection Rules in the EU, US and Japan","authors":"Taro Komukai","doi":"10.54648/gplr2020095","DOIUrl":"https://doi.org/10.54648/gplr2020095","url":null,"abstract":"Globalization and the Internet have dramatically increased the international transfer of data and information. Consequently, personal data protection has become crucial in such cross-border data transfers. Personal data collected in one’s home country but processed by foreign entities must be subjected to data protection. Such regulations and rules for the international transfer of personal data are usually carried out through the laws of each country. There are two types of data protection rules associated with the cross-border transfer of personal data: restriction of cross-border data transfers and extraterritorial application of data protection rules. This article focuses on the latter type of laws and discusses the relationship between law enforcement and sovereignty. It also provides an approach for improving the rules for extraterritorial enforcement in Japan, comparing it with analogous regulations from the EU and the US","PeriodicalId":127582,"journal":{"name":"Global Privacy Law Review","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133459616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article examines issues regarding the administrative enforcement system of the Act on the Protection of Personal Information (APPI) in Japan. The former APPI (established in 2003) provided two regulatory mechanisms for the administrative enforcement system: (1) self-regulation business operators or accredited personal information protection organizations and (2) indirect penalty based on violations of orders. Moreover, the Amendment Act in 2015 improved the system for securing obligations, such as the establishment of the Personal Information Protection Committee (PPC), the enhancement of regulatory authority, and the implementation of a co-regulation system. However, it is pointed out that these mechanisms might still not be sufficient as a system for securing obligations because of the limited authority of PPC, the validation of the co-regulation system, and the malfunction of an indirect penalty system. This article outlines the history of the APPI focused on the administrative enforcement system and examines improvement measures and further amendments such as the introduction of the administrative monetary penalty system.
{"title":"The Enforcement of Personal Data Protection Law in Japan","authors":"Yoshinori Oshima, Machiko Sakai","doi":"10.54648/gplr2020094","DOIUrl":"https://doi.org/10.54648/gplr2020094","url":null,"abstract":"This article examines issues regarding the administrative enforcement system of the Act on the Protection of Personal Information (APPI) in Japan.\u0000The former APPI (established in 2003) provided two regulatory mechanisms for the administrative enforcement system: (1) self-regulation business operators or accredited personal information protection organizations and (2) indirect penalty based on violations of orders. Moreover, the Amendment Act in 2015 improved the system for securing obligations, such as the establishment of the Personal Information Protection Committee (PPC), the enhancement of regulatory authority, and the implementation of a co-regulation system. However, it is pointed out that these mechanisms might still not be sufficient as a system for securing obligations because of the limited authority of PPC, the validation of the co-regulation system, and the malfunction of an indirect penalty system. This article outlines the history of the APPI focused on the administrative enforcement system and examines improvement measures and further amendments such as the introduction of the administrative monetary penalty system.","PeriodicalId":127582,"journal":{"name":"Global Privacy Law Review","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132662299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Japan and Data Protection: A Brief Introduction","authors":"Tanguy Van Overstraeten","doi":"10.54648/gplr2020089","DOIUrl":"https://doi.org/10.54648/gplr2020089","url":null,"abstract":"","PeriodicalId":127582,"journal":{"name":"Global Privacy Law Review","volume":"824 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125085653","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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