Thiago Guimarães Moraes, Amanda Nunes Lopes Espiñeira Lemos, Alexandra Krastins Lopes, Camille Moura, José Renato Laranjeira de Pereira
The COVID-19 pandemic has boosted personal data mining. Various experiences in fighting the new coronavirus focus strictly on extensive data processing concerning not only health conditions, but also behaviours and relationships, allegedly to try to control the spread of the virus at any cost. Several approaches have been put forward by different government. In China, the government has been widely using body temperature, geolocation and user behaviour data to monitor the spread of the infection and commitment to quarantine, and scientists in the USA are processing global scale data to find vaccines for the virus. Stakeholders in Brazil have been trying to follow similar approaches. This vast data processing raises concerns on uses for secondary purposes that citizens might be unaware of, such as the use for surveillance activities, which may involve intrusive tools implemented by governments. For instance, InLoco, a Brazilian company involved with the use of geolocation for contact tracing, allegedly processes only anonymized data pursuant to the Brazilian Data Protection Legislation, ‘Lei Geral de Proteç~ ao de Dados’—LGPD. Although it claims to implement anonymization techniques in its privacy Key Points
COVID-19大流行推动了个人数据挖掘。抗击新型冠状病毒的各种经验严格侧重于广泛的数据处理，不仅涉及健康状况，还涉及行为和关系，据称是为了不惜一切代价控制病毒的传播。不同的政府提出了几种方法。在中国，政府一直在广泛使用体温、地理位置和用户行为数据来监测感染的传播和隔离情况，美国科学家正在处理全球范围的数据，以寻找该病毒的疫苗。巴西的利益相关者一直在尝试采用类似的方法。这种庞大的数据处理引发了人们对公民可能不知道的次要目的的担忧，例如用于监视活动，这可能涉及政府实施的侵入性工具。例如，巴西公司InLoco使用地理定位技术进行联系人追踪，据称该公司只根据巴西数据保护法“Lei general de Proteç~ ao de Dados”-LGPD处理匿名数据。尽管它声称在其隐私关键点上实现了匿名化技术
{"title":"Open data on the COVID-19 pandemic: anonymisation as a technical solution for transparency, privacy, and data protection","authors":"Thiago Guimarães Moraes, Amanda Nunes Lopes Espiñeira Lemos, Alexandra Krastins Lopes, Camille Moura, José Renato Laranjeira de Pereira","doi":"10.1093/idpl/ipaa025","DOIUrl":"https://doi.org/10.1093/idpl/ipaa025","url":null,"abstract":"The COVID-19 pandemic has boosted personal data mining. Various experiences in fighting the new coronavirus focus strictly on extensive data processing concerning not only health conditions, but also behaviours and relationships, allegedly to try to control the spread of the virus at any cost. Several approaches have been put forward by different government. In China, the government has been widely using body temperature, geolocation and user behaviour data to monitor the spread of the infection and commitment to quarantine, and scientists in the USA are processing global scale data to find vaccines for the virus. Stakeholders in Brazil have been trying to follow similar approaches. This vast data processing raises concerns on uses for secondary purposes that citizens might be unaware of, such as the use for surveillance activities, which may involve intrusive tools implemented by governments. For instance, InLoco, a Brazilian company involved with the use of geolocation for contact tracing, allegedly processes only anonymized data pursuant to the Brazilian Data Protection Legislation, ‘Lei Geral de Proteç~ ao de Dados’—LGPD. Although it claims to implement anonymization techniques in its privacy Key Points","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"14 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88816251","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}
Sacha Alanoca, Nicolas Guetta-Jeanrenaud, Isabela Ferrari, Nyasha Weinberg, R. Çetin, Nicolas Miailhe
Since the outbreak of COVID-19 in late 2019 and its classification as a pandemic by the World Health Organization (WHO) in March 2020, the numbers of deaths and infections have continued to rise globally. As of December 2020, the count is at over 70 million diagnosed cases and over 1.5 million deaths. In Latin America, numbers have spiked recently, reaching over 14 million infections and 470,000 deaths, with the highest number of cases respectively in Brazil, Argentina, and Colombia. According to the WHO, the transmission rate (R0) of COVID-19 in Wuhan in January and February— prior to the implementation of comprehensive control measures—was 2–2.5, making COVID-19 highly contagious. Facing this unprecedented crisis, most Key Points
{"title":"Digital contact tracing against COVID-19: a governance framework to build trust","authors":"Sacha Alanoca, Nicolas Guetta-Jeanrenaud, Isabela Ferrari, Nyasha Weinberg, R. Çetin, Nicolas Miailhe","doi":"10.1093/idpl/ipab001","DOIUrl":"https://doi.org/10.1093/idpl/ipab001","url":null,"abstract":"Since the outbreak of COVID-19 in late 2019 and its classification as a pandemic by the World Health Organization (WHO) in March 2020, the numbers of deaths and infections have continued to rise globally. As of December 2020, the count is at over 70 million diagnosed cases and over 1.5 million deaths. In Latin America, numbers have spiked recently, reaching over 14 million infections and 470,000 deaths, with the highest number of cases respectively in Brazil, Argentina, and Colombia. According to the WHO, the transmission rate (R0) of COVID-19 in Wuhan in January and February— prior to the implementation of comprehensive control measures—was 2–2.5, making COVID-19 highly contagious. Facing this unprecedented crisis, most Key Points","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"469 1","pages":"3 - 17"},"PeriodicalIF":2.1,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77696104","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}
Although it is the EU’s General Data Protection Regulation and the Google Spain judgment which has brought the concept of the ʻright to be forgottenʼ online to the fore, this paper argues that its basic underpinnings are present in the great majority of G20 statutory frameworks. Whilst China, India, Saudi Arabia and the United States remain exceptional cases, fifteen out of nineteen (almost 80%) of G20 countries now have fully-fledged statutory data protection laws. By default, almost all of these laws empower individuals to challenge the continued dissemination of personal data not only when such data may be inaccurate but also on wider legitimacy grounds. Moreover, eleven of these countries have adopted statutory ʻintermediaryʼ shields which could help justify why certain online platforms may be required to respond to well-founded ex post challenges even if they lack most ex ante duties here. Nevertheless, the precise scope of many data protection laws online remains opaque and the relationship between such laws and freedom of expression is often unsatisfactory. Despite this, it is argued that G20 countries and G20 Data Protection Authorities should strive to achieve proportionate and effective reconciliation between online freedom of expression and ex post data protection claims, both through careful application of existing law and ultimately through and under new legislative initiatives.
{"title":"The ‘right to be forgotten’ online within G20 statutory data protection frameworks","authors":"D. Erdos, K. Garstka","doi":"10.1093/idpl/ipaa012","DOIUrl":"https://doi.org/10.1093/idpl/ipaa012","url":null,"abstract":"Although it is the EU’s General Data Protection Regulation and the Google Spain judgment which has brought the concept of the ʻright to be forgottenʼ online to the fore, this paper argues that its basic underpinnings are present in the great majority of G20 statutory frameworks. Whilst China, India, Saudi Arabia and the United States remain exceptional cases, fifteen out of nineteen (almost 80%) of G20 countries now have fully-fledged statutory data protection laws. By default, almost all of these laws empower individuals to challenge the continued dissemination of personal data not only when such data may be inaccurate but also on wider legitimacy grounds. Moreover, eleven of these countries have adopted statutory ʻintermediaryʼ shields which could help justify why certain online platforms may be required to respond to well-founded ex post challenges even if they lack most ex ante duties here. Nevertheless, the precise scope of many data protection laws online remains opaque and the relationship between such laws and freedom of expression is often unsatisfactory. Despite this, it is argued that G20 countries and G20 Data Protection Authorities should strive to achieve proportionate and effective reconciliation between online freedom of expression and ex post data protection claims, both through careful application of existing law and ultimately through and under new legislative initiatives.","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"154 1","pages":"294-313"},"PeriodicalIF":2.1,"publicationDate":"2021-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77484584","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}
talker for the acoustic encoding of linguistically meaningful utterances, and which after a period of exposure listeners may come to associate with that talker. 30
说话者对语言上有意义的话语进行声音编码，经过一段时间的接触后，听者可能会与说话者联系起来。30.
{"title":"Voice-based diagnosis of covid-19: ethical and legal challenges","authors":"Marco Almada, Juliano Maranhão","doi":"10.1093/IDPL/IPAB004","DOIUrl":"https://doi.org/10.1093/IDPL/IPAB004","url":null,"abstract":"talker for the acoustic encoding of linguistically meaningful utterances, and which after a period of exposure listeners may come to associate with that talker. 30","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"13 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2021-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75085825","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":"The right to object to automated individual decisions: resolving the ambiguity of Article 22(1) of the General Data Protection Regulation","authors":"Luca Tosoni","doi":"10.1093/IDPL/IPAA024","DOIUrl":"https://doi.org/10.1093/IDPL/IPAA024","url":null,"abstract":"","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"147 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2021-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86112955","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}
Since May 2018, the European Commission (Commission) has the exclusive competence not only to assess third countries for an adequacy decision authorizing the international transfer of personal data to third countries or international organizations in relation to the General Data Protection Regulation (GDPR) but also for law enforcement purposes under the Law Enforcement Directive (LED). So far, no LED adequacy decision has been adopted.The regulation of international personal data transfers to third countries or international organizations in a law enforcement context in the European Union (EU) is complex. This is partly due to the fact that already the EU treaties concede that data protection for law Key Points
{"title":"Wanted: LED adequacy decisions. How the absence of any LED adequacy decision is hurting the protection of fundamental rights in a law enforcement context","authors":"L. Drechsler","doi":"10.1093/IDPL/IPAA019","DOIUrl":"https://doi.org/10.1093/IDPL/IPAA019","url":null,"abstract":"Since May 2018, the European Commission (Commission) has the exclusive competence not only to assess third countries for an adequacy decision authorizing the international transfer of personal data to third countries or international organizations in relation to the General Data Protection Regulation (GDPR) but also for law enforcement purposes under the Law Enforcement Directive (LED). So far, no LED adequacy decision has been adopted.The regulation of international personal data transfers to third countries or international organizations in a law enforcement context in the European Union (EU) is complex. This is partly due to the fact that already the EU treaties concede that data protection for law Key Points","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"1 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2021-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84346382","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 EU debate—both at policy and academic level— around the notion of personal data has been a steadily ongoing one. Beyond the differences with the narrower US-based notion of PII (personally identifiable information), discussions have taken place at various levels. At the policy level, one can think of the shift from the narrower version of biographical information that existed in a number of national statutes to the broader, current notion of personal data as enshrined in the EU Key Points
{"title":"Personal data’s ever-expanding scope in smart environments and possible path(s) for regulating emerging digital technologies","authors":"R. Gellert","doi":"10.1093/IDPL/IPAA023","DOIUrl":"https://doi.org/10.1093/IDPL/IPAA023","url":null,"abstract":"The EU debate—both at policy and academic level— around the notion of personal data has been a steadily ongoing one. Beyond the differences with the narrower US-based notion of PII (personally identifiable information), discussions have taken place at various levels. At the policy level, one can think of the shift from the narrower version of biographical information that existed in a number of national statutes to the broader, current notion of personal data as enshrined in the EU Key Points","PeriodicalId":51749,"journal":{"name":"International Data Privacy Law","volume":"64 1","pages":""},"PeriodicalIF":2.1,"publicationDate":"2021-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87572907","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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