{"title":"The relationship between the principle of effectiveness under Art. 47 CFR and the concept of damages under Art. 82 GDPR","authors":"S. Mulders","doi":"10.1093/idpl/ipad012","DOIUrl":"https://doi.org/10.1093/idpl/ipad012","url":null,"abstract":"","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"20 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2023-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80693290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Personal data and personal safety:re-examining the limits of public data in the context of doxing","authors":"Batuhan Kukul","doi":"10.1093/idpl/ipad011","DOIUrl":"https://doi.org/10.1093/idpl/ipad011","url":null,"abstract":"","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"2 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88883131","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Safeguarding privacy and efficacy in e-mental health: policy options in the EU and Australia","authors":"Elisabeth Steindl","doi":"10.1093/idpl/ipad009","DOIUrl":"https://doi.org/10.1093/idpl/ipad009","url":null,"abstract":"","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"33 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87664148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Has the GDPR killed e-government? The “once-only” principle vs the principle of purpose limitation","authors":"Monika Mikiver, Paloma Krõõt Tupay","doi":"10.1093/idpl/ipad010","DOIUrl":"https://doi.org/10.1093/idpl/ipad010","url":null,"abstract":"","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"90 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75819987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A deep dive into dynamic data flows, wearable devices, and the concept of health data","authors":"Anni-Maria Taka","doi":"10.1093/idpl/ipad007","DOIUrl":"https://doi.org/10.1093/idpl/ipad007","url":null,"abstract":"","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"132 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89331204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the context of biomedical research, consent is both a ground for the lawful processing of personal data and a bioethical requirement for participation in scientific research projects. While the conditions for obtaining valid consent are extensively discussed in legal and bioethical literature, withdrawal of consent has received considerably less attention. According to the EU General Data Protection Regulation (GDPR), that data subjects have the right to withdraw their consent at any time, but the duties of the entities processing personal data are not clearly defined in the text of the Regulation. Pursuant to Article 7 GDPR, withdrawal ‘shall not affect the lawfulness of processing based on consent before its withdrawal’, but there is no clear specification of the rules governing what happens after this moment. The assumption underlying this article is that a participant expresses a valid consent for the collection and processing of personal data and, at a certain point during the research life-cycle, decides to withdraw her/his consent. This decision would, prima facie, result in an obligation of the data controller to cease processing the data. However, when more closely examined, there are practical, legal, and ethical reasons for why this might not always be the optimal solution. Stopping the processing after receiving a withdrawal request is not an absolute mandate. Pursuant to the GDPR, consent is one Key Points
{"title":"Withdrawal of consent for processing personal data in biomedical research","authors":"Marcu Florea","doi":"10.1093/idpl/ipad008","DOIUrl":"https://doi.org/10.1093/idpl/ipad008","url":null,"abstract":"In the context of biomedical research, consent is both a ground for the lawful processing of personal data and a bioethical requirement for participation in scientific research projects. While the conditions for obtaining valid consent are extensively discussed in legal and bioethical literature, withdrawal of consent has received considerably less attention. According to the EU General Data Protection Regulation (GDPR), that data subjects have the right to withdraw their consent at any time, but the duties of the entities processing personal data are not clearly defined in the text of the Regulation. Pursuant to Article 7 GDPR, withdrawal ‘shall not affect the lawfulness of processing based on consent before its withdrawal’, but there is no clear specification of the rules governing what happens after this moment. The assumption underlying this article is that a participant expresses a valid consent for the collection and processing of personal data and, at a certain point during the research life-cycle, decides to withdraw her/his consent. This decision would, prima facie, result in an obligation of the data controller to cease processing the data. However, when more closely examined, there are practical, legal, and ethical reasons for why this might not always be the optimal solution. Stopping the processing after receiving a withdrawal request is not an absolute mandate. Pursuant to the GDPR, consent is one Key Points","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"14 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74446977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Post-‘Lee-Luda’ personal information protection in Korea: developer responsibility and autonomous AI governance","authors":"C. Jung, Hyunghwan Joo","doi":"10.1093/idpl/ipad006","DOIUrl":"https://doi.org/10.1093/idpl/ipad006","url":null,"abstract":"","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"83 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88997585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Correction to: Unpacking data: China’s ‘bundle of rights’ approach to the commercialization of data","authors":"","doi":"10.1093/idpl/ipad005","DOIUrl":"https://doi.org/10.1093/idpl/ipad005","url":null,"abstract":"","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"42 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2023-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86557010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article Confidentiality of health data in contact tracing systems during the Covid-19 pandemic in France Get access Antoine Bérar, Antoine Bérar Antoine Bérar, Department of Forensic Medicine, Rennes University Hospital, Rennes, France; University of Rennes 1, Rennes, France E-mail: berar_antoine@yahoo.fr https://orcid.org/0000-0002-6583-2882 Search for other works by this author on: Oxford Academic Google Scholar Renaud Bouvet Renaud Bouvet Renaud Bouvet, Department of Forensic Medicine, Rennes University Hospital, Rennes, France; Institute for Public Law and Political Science, University of Rennes 1, Rennes, France Search for other works by this author on: Oxford Academic Google Scholar International Data Privacy Law, Volume 13, Issue 2, May 2023, Pages 141–153, https://doi.org/10.1093/idpl/ipad004 Published: 02 March 2023
{"title":"Confidentiality of health data in contact tracing systems during the Covid-19 pandemic in France","authors":"Antoine Bérar, Renaud Bouvet","doi":"10.1093/idpl/ipad004","DOIUrl":"https://doi.org/10.1093/idpl/ipad004","url":null,"abstract":"Journal Article Confidentiality of health data in contact tracing systems during the Covid-19 pandemic in France Get access Antoine Bérar, Antoine Bérar Antoine Bérar, Department of Forensic Medicine, Rennes University Hospital, Rennes, France; University of Rennes 1, Rennes, France E-mail: berar_antoine@yahoo.fr https://orcid.org/0000-0002-6583-2882 Search for other works by this author on: Oxford Academic Google Scholar Renaud Bouvet Renaud Bouvet Renaud Bouvet, Department of Forensic Medicine, Rennes University Hospital, Rennes, France; Institute for Public Law and Political Science, University of Rennes 1, Rennes, France Search for other works by this author on: Oxford Academic Google Scholar International Data Privacy Law, Volume 13, Issue 2, May 2023, Pages 141–153, https://doi.org/10.1093/idpl/ipad004 Published: 02 March 2023","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135424464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The scarcity and economic value of data have been widely recognized in the literature on economics1 and law,2 earning it the title of being ‘the most valuable resource’ in the world today, according to a cover article in The Economist.3 In China, where the digital economy has developed rapidly, ‘data’ was recently recognized by its national macro policy as a new crucial factor of production alongside land, capital, knowledge, technology, and labour.4 Accordingly, the key question is how the rights to this resource should be characterized and allocated in order to facilitate the efficient flow and use of data and promote the development of the overall digital economy. There is currently no unified regulatory approach adopted across jurisdictions.5 Despite extensive debate among legal scholars, no consensus has been reached on how the law should protect and utilize data resources.6 On the one hand, some argue that the law should not accord property rights over data given that data is intangible,7 which risks giving rise to a multiplicity of stakeholders and competing claims.8 They argue that data law should instead focus on the acts of accessing and using data, such as through defining and regulating the improper crawling of data.9 On the other hand, others argue that the law should create data property rights, and have proposed different models of property rights, including the classic ownership-usufruct (所有权-用益) approach,10 the intellectual property model,11 and a novel property rights model tailored specifically for data.
{"title":"Unpacking data: China’s ‘bundle of rights’ approach to the commercialization of data","authors":"Bingwan Xiong, Jiangqiu Ge, Li Chen","doi":"10.1093/idpl/ipad003","DOIUrl":"https://doi.org/10.1093/idpl/ipad003","url":null,"abstract":"The scarcity and economic value of data have been widely recognized in the literature on economics1 and law,2 earning it the title of being ‘the most valuable resource’ in the world today, according to a cover article in The Economist.3 In China, where the digital economy has developed rapidly, ‘data’ was recently recognized by its national macro policy as a new crucial factor of production alongside land, capital, knowledge, technology, and labour.4 Accordingly, the key question is how the rights to this resource should be characterized and allocated in order to facilitate the efficient flow and use of data and promote the development of the overall digital economy. There is currently no unified regulatory approach adopted across jurisdictions.5 Despite extensive debate among legal scholars, no consensus has been reached on how the law should protect and utilize data resources.6 On the one hand, some argue that the law should not accord property rights over data given that data is intangible,7 which risks giving rise to a multiplicity of stakeholders and competing claims.8 They argue that data law should instead focus on the acts of accessing and using data, such as through defining and regulating the improper crawling of data.9 On the other hand, others argue that the law should create data property rights, and have proposed different models of property rights, including the classic ownership-usufruct (所有权-用益) approach,10 the intellectual property model,11 and a novel property rights model tailored specifically for data.","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"516 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135340245","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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