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}
{"title":"Implementing a new data protection law: lessons from the Turkish experience","authors":"Batu Kinikoglu","doi":"10.1093/idpl/ipad001","DOIUrl":"https://doi.org/10.1093/idpl/ipad001","url":null,"abstract":"","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"144 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2023-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86640541","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":"Protection of genomic data and the Australian Privacy Act: when are genomic data ‘personal information’?","authors":"M. Paltiel, M. Taylor, A. Newson","doi":"10.1093/idpl/ipad002","DOIUrl":"https://doi.org/10.1093/idpl/ipad002","url":null,"abstract":"","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"34 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74697427","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 pragmatic compromise? The role of Article 88 GDPR in upholding privacy in the workplace","authors":"Halefom H. Abraha","doi":"10.1093/idpl/ipac015","DOIUrl":"https://doi.org/10.1093/idpl/ipac015","url":null,"abstract":"","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"45 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87357322","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":"On proportionality in the data protection jurisprudence of the CJEU","authors":"Lorenzo Dalla Corte","doi":"10.1093/idpl/ipac014","DOIUrl":"https://doi.org/10.1093/idpl/ipac014","url":null,"abstract":"","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"3 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89482611","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":"From knowing by name to targeting: the meaning of identification under the GDPR","authors":"Nadezhda Purtova","doi":"10.1093/idpl/ipac013","DOIUrl":"https://doi.org/10.1093/idpl/ipac013","url":null,"abstract":"","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"48 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2022-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79962790","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: Revisiting the definition of health data in the age of digitalized health care","authors":"","doi":"10.1093/idpl/ipac010","DOIUrl":"https://doi.org/10.1093/idpl/ipac010","url":null,"abstract":"","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"56 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2022-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77627802","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}
Compliance with data protection legislation shall be subject to control by an independent authority, also for the judiciary. However, in order to safeguard the independence of the judiciary, both the General Data Protection Regulation and the Law Enforcement Directive explicitly state that national Data Protection Authorities are not competent to supervise courts ‘when acting in their judicial capacity’.
In this article, the notion of ‘courts acting in their judicial capacities’ is analysed to determine whether any common understanding of this notion exists. Apart from legal analysis, empirical research (survey and interviews) was carried out in 30 countries (27 EU and 3 EFTA EEA Member States).
The concept of ‘courts acting in their judicial capacity’ can be contrasted with ‘courts not acting in their judicial capacity’ (the functional interpretation) or with ‘other organizations’ (the institutional interpretation).
The functional interpretation is followed by most countries and in fairly similar ways. The institutional interpretation is followed by some countries, but in very different ways and some practices raise concerns, such as limited or no supervision for the judiciary (interfering with Article 8 of the Charter) and supervision of the judiciary by the ministry of justice (potentially interfering with the separation of powers according to the trias politica).
Altogether, there is to a large extent a common understanding of the notion of ‘courts acting in their judicial capacity’ and this is the functional interpretation. The institutional interpretation, however, may lead to a gap in data protection supervision of the judiciary.
{"title":"Quis custodiet ipsos custodes? Data protection in the judiciary in EU and EEA Member States","authors":"Custers B, Louis L, Spinelli M, et al.","doi":"10.1093/idpl/ipac002","DOIUrl":"https://doi.org/10.1093/idpl/ipac002","url":null,"abstract":"<span><div>Key Points<ul><li>Compliance with data protection legislation shall be subject to control by an independent authority, also for the judiciary. However, in order to safeguard the independence of the judiciary, both the General Data Protection Regulation and the Law Enforcement Directive explicitly state that national Data Protection Authorities are not competent to supervise courts ‘when acting in their judicial capacity’.</li><li>In this article, the notion of ‘courts acting in their judicial capacities’ is analysed to determine whether any common understanding of this notion exists. Apart from legal analysis, empirical research (survey and interviews) was carried out in 30 countries (27 EU and 3 EFTA EEA Member States).</li><li>The concept of ‘courts acting in their judicial capacity’ can be contrasted with ‘courts not acting in their judicial capacity’ (the functional interpretation) or with ‘other organizations’ (the institutional interpretation).</li><li>The functional interpretation is followed by most countries and in fairly similar ways. The institutional interpretation is followed by some countries, but in very different ways and some practices raise concerns, such as limited or no supervision for the judiciary (interfering with Article 8 of the Charter) and supervision of the judiciary by the ministry of justice (potentially interfering with the separation of powers according to the <span style=\"font-style:italic;\">trias politica</span>).</li><li>Altogether, there is to a large extent a common understanding of the notion of ‘courts acting in their judicial capacity’ and this is the functional interpretation. The institutional interpretation, however, may lead to a gap in data protection supervision of the judiciary.</li></ul></div></span>","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":" 10","pages":""},"PeriodicalIF":2.1,"publicationDate":"2022-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138492558","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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