{"title":"Opinions ∙ Privacy in Modern American Law and Society","authors":"J. L. Grossman, L. M. Friedman","doi":"10.21552/edpl/2023/2/4","DOIUrl":"https://doi.org/10.21552/edpl/2023/2/4","url":null,"abstract":"","PeriodicalId":36819,"journal":{"name":"European Data Protection Law Review","volume":"65 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84753391","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":"Opinions ∙ The Fight for Intimate Privacy","authors":"D. Keats Citron","doi":"10.21552/edpl/2023/1/4","DOIUrl":"https://doi.org/10.21552/edpl/2023/1/4","url":null,"abstract":"","PeriodicalId":36819,"journal":{"name":"European Data Protection Law Review","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78494546","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 discusses a challenge in the developing data economy. Since data is a valuable resource that can be easily extracted from individuals, its aggregation has led to concentration of wealth and power in the hands of the few. At the same time, official authorities are increasingly relying on data to further goals of public interests and increasingly purchase data from private actors in order to aid them. This trend raises concerns about the appropriation of freely appropriable resource data and the sale thereof back to communities from which the data was originally appropriated. A situation similar to what has previously been seen in the field of bio-piracy law. To address this challenge, the paper suggests drawing inspiration from the historical exploitation of the Global South for their resources and the development of the ‘Access and Benefit Sharing’ system, which curtailed resource exploitation. The current European efforts in digital regulation, such as the European Data Strategy and the Digital Services Act package, do not sufficiently reflect the notion of access and benefit sharing, which is a missed opportunity in the regulatory strategy on data. The article identifies parallels between elements of an access and benefit sharing system and several sections of novel legislation flowing from the European Strategy for Data and the Digital Services Act package. The article finally argues that the similarities between the historical exploitation of resources and the current data buying practices of official authorities are not so different in nature, as both lead to repetitive economic disadvantages for communities with little to no effective economic claim to their resources. A system of access and benefit sharing in the data economy could help improve its sustainability and mitigate the exploitation of communities worldwide for their collective data. Keywords: data economy, sustainable data sharing, data driven development
{"title":"Recalibrating the Data Economy:","authors":"Y. Alexander Vogel","doi":"10.21552/edpl/2023/3/9","DOIUrl":"https://doi.org/10.21552/edpl/2023/3/9","url":null,"abstract":"This article discusses a challenge in the developing data economy. Since data is a valuable resource that can be easily extracted from individuals, its aggregation has led to concentration of wealth and power in the hands of the few. At the same time, official authorities are increasingly relying on data to further goals of public interests and increasingly purchase data from private actors in order to aid them. This trend raises concerns about the appropriation of freely appropriable resource data and the sale thereof back to communities from which the data was originally appropriated. A situation similar to what has previously been seen in the field of bio-piracy law. To address this challenge, the paper suggests drawing inspiration from the historical exploitation of the Global South for their resources and the development of the ‘Access and Benefit Sharing’ system, which curtailed resource exploitation. The current European efforts in digital regulation, such as the European Data Strategy and the Digital Services Act package, do not sufficiently reflect the notion of access and benefit sharing, which is a missed opportunity in the regulatory strategy on data. The article identifies parallels between elements of an access and benefit sharing system and several sections of novel legislation flowing from the European Strategy for Data and the Digital Services Act package. The article finally argues that the similarities between the historical exploitation of resources and the current data buying practices of official authorities are not so different in nature, as both lead to repetitive economic disadvantages for communities with little to no effective economic claim to their resources. A system of access and benefit sharing in the data economy could help improve its sustainability and mitigate the exploitation of communities worldwide for their collective data. Keywords: data economy, sustainable data sharing, data driven development","PeriodicalId":36819,"journal":{"name":"European Data Protection Law Review","volume":"147 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135709172","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}
Case T-557/20 Single Resolution Board v European Data Protection Supervisor (ECLI:EU:T:2023:219) Based on existing case law, the General Court provides guidance on the examination of the concept of identifiability for the definition of personal data under Article 3(1) of Regulation 2018/17251. The Court has provided clarity with respect to determining the possibility of re-identification of pseudonymised data that has been transferred to a third party with no access to the code key. The possibility of re-identification has to be determined from the perspective of the party that doesn’t have the code key and to whom the data has been transferred to by the data controller.
{"title":"T-557/20 Single Resolution Board v EDPB: On the Interpretation of Identifiability","authors":"S. Reddy Degalahal","doi":"10.21552/edpl/2023/3/16","DOIUrl":"https://doi.org/10.21552/edpl/2023/3/16","url":null,"abstract":"Case T-557/20 Single Resolution Board v European Data Protection Supervisor (ECLI:EU:T:2023:219) Based on existing case law, the General Court provides guidance on the examination of the concept of identifiability for the definition of personal data under Article 3(1) of Regulation 2018/17251. The Court has provided clarity with respect to determining the possibility of re-identification of pseudonymised data that has been transferred to a third party with no access to the code key. The possibility of re-identification has to be determined from the perspective of the party that doesn’t have the code key and to whom the data has been transferred to by the data controller.","PeriodicalId":36819,"journal":{"name":"European Data Protection Law Review","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135710790","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":"WM and Sovim SA vs Luxembourg Business Registers: A Decision-Ode to Business Privacy or an Eye-Blinking to EU Money Laundering schemes?","authors":"M. Roussos","doi":"10.21552/edpl/2023/1/14","DOIUrl":"https://doi.org/10.21552/edpl/2023/1/14","url":null,"abstract":"","PeriodicalId":36819,"journal":{"name":"European Data Protection Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83994910","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":"European Union ∙ Renewed Concerns About Compliance of the Proposed ‘Regulation to Prevent and Combat Child Sexual Abuse’ with Essence of Right to Data Protection: The Council Legal Service Opinion","authors":"T. Quintel","doi":"10.21552/edpl/2023/2/12","DOIUrl":"https://doi.org/10.21552/edpl/2023/2/12","url":null,"abstract":"","PeriodicalId":36819,"journal":{"name":"European Data Protection Law Review","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83301440","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":"Practitioners’ Corner ∙ EU Data Protection Law as a Tool against Discriminatory Outcomes in the context of E-recruitment","authors":"F. d’Ath","doi":"10.21552/edpl/2023/1/13","DOIUrl":"https://doi.org/10.21552/edpl/2023/1/13","url":null,"abstract":"","PeriodicalId":36819,"journal":{"name":"European Data Protection Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88569516","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":"Data Protection Rights for Legal Persons","authors":"B. van der Sloot","doi":"10.21552/edpl/2023/2/24","DOIUrl":"https://doi.org/10.21552/edpl/2023/2/24","url":null,"abstract":"","PeriodicalId":36819,"journal":{"name":"European Data Protection Law Review","volume":"71 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74570247","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":"France ∙ CNIL Confirms Google’s Compliance with Earlier Injunctions on Cookie Banners","authors":"H. Lami","doi":"10.21552/edpl/2023/3/11","DOIUrl":"https://doi.org/10.21552/edpl/2023/3/11","url":null,"abstract":"","PeriodicalId":36819,"journal":{"name":"European Data Protection Law Review","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135710789","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":"Germany ∙ German Data Retention Law Nullified, Again","authors":"S. Braun","doi":"10.21552/edpl/2023/3/12","DOIUrl":"https://doi.org/10.21552/edpl/2023/3/12","url":null,"abstract":"","PeriodicalId":36819,"journal":{"name":"European Data Protection Law Review","volume":"138 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135709171","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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