149

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Policy area
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Blockchain and the General Data Protection Regulation

24-07-2019

In recent times, there has been much discussion in policy circles, academia and the private sector regarding the tension between blockchains and the European Union’s General Data Protection Regulation (‘GDPR’). Whereas, the GDPR is based on an underlying assumption that in relation to each personal data point there is at least one the data controller, blockchains make the allocation of responsibility and accountability burdensome. Further, although the GDPR is based on the assumption that data can ...

In recent times, there has been much discussion in policy circles, academia and the private sector regarding the tension between blockchains and the European Union’s General Data Protection Regulation (‘GDPR’). Whereas, the GDPR is based on an underlying assumption that in relation to each personal data point there is at least one the data controller, blockchains make the allocation of responsibility and accountability burdensome. Further, although the GDPR is based on the assumption that data can be modified or erased where necessary to comply with legal requirements, blockchains, however, render the unilateral modification of data purposefully onerous in order to ensure data integrity and to increase trust in the network.

External author

This study was written by Dr Michèle Finck

How the General Data Protection Regulation changes the rules for scientific research

24-07-2019

The implementation of the General Data Protection Regulation (GDPR) raises a series of challenges for scientific research, especially regarding research that is dependent on data. This study investigates the promises and challenges associated with the implementation of the GDPR in the scientific domain and examines the adequacy of the GDPR exceptions for scientific research in terms of safeguarding scientific freedom and technological progress.

The implementation of the General Data Protection Regulation (GDPR) raises a series of challenges for scientific research, especially regarding research that is dependent on data. This study investigates the promises and challenges associated with the implementation of the GDPR in the scientific domain and examines the adequacy of the GDPR exceptions for scientific research in terms of safeguarding scientific freedom and technological progress.

External author

DG, EPRS; This study has been conducted by the Health Ethics and Policy Lab, ETH Zurich

GDPR goes live: A modern data protection law

15-05-2018

Aimed at strengthening citizens' rights uniformly while reducing burdens for companies and public entities, the European General Data Protection Regulation (GDPR) applies fully as of 25 May 2018. The long-awaited (and often feared) law is part of a reform package adopted in 2016 to foster trust in a digital age. The recent revelations on misuses of data show how the underlying values of the GDPR standards are essential for democracy.

Aimed at strengthening citizens' rights uniformly while reducing burdens for companies and public entities, the European General Data Protection Regulation (GDPR) applies fully as of 25 May 2018. The long-awaited (and often feared) law is part of a reform package adopted in 2016 to foster trust in a digital age. The recent revelations on misuses of data show how the underlying values of the GDPR standards are essential for democracy.

Data protection rules applicable to the European Parliament and to MEPs: Current regime and recent developments

20-06-2018

Data protection is a fundamental right enshrined in both primary and secondary EU law. More specifically, the main reference for data protection in Europe is the 2016 General Data Protection Regulation (GDPR), which is fully applicable since 25 May 2018. Moreover, specific data protection rules (currently Regulation 45/2001) apply to the EU institutions. The latter are under review, to adapt their principles and provisions to the GDPR. The processing of data relating to parliamentary activities is ...

Data protection is a fundamental right enshrined in both primary and secondary EU law. More specifically, the main reference for data protection in Europe is the 2016 General Data Protection Regulation (GDPR), which is fully applicable since 25 May 2018. Moreover, specific data protection rules (currently Regulation 45/2001) apply to the EU institutions. The latter are under review, to adapt their principles and provisions to the GDPR. The processing of data relating to parliamentary activities is therefore covered by these specific rules, as is personal data relating to, or processed by, Members of the European Parliament (MEPs). This Briefing provides an overview of the main provisions applicable to parliamentary activities and in particular to MEPs, taking account of the fact that the process of reforming the current rules has not been formally concluded (even if a political agreement has been reached between the co legislators). An update of this Briefing will be published in due course.

Rules for EU institutions' processing of personal data

12-09-2018

In the context of the comprehensive reform of the EU's legal framework for data protection, the Commission tabled a proposal in January 2017 for a 'regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and the free movement of such data' and repealing the existing one (Regulation No 45/2001). The aim is to align it to the 2016 General Data Protection Regulation (GDPR) that has been fully applicable since ...

In the context of the comprehensive reform of the EU's legal framework for data protection, the Commission tabled a proposal in January 2017 for a 'regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and the free movement of such data' and repealing the existing one (Regulation No 45/2001). The aim is to align it to the 2016 General Data Protection Regulation (GDPR) that has been fully applicable since 25 May 2018. Interinstitutional trilogue meetings, in which debate focused on also applying the regulation to operational data of EU bodies carrying out law enforcement activities, brought an agreement between the co-legislators in May. The compromise text is due to be voted by the Parliament in the September plenary session. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

The future EU-UK relationship: options in the field of the protection of personal data for general processing activities and for processing for law enforcement purposes

24-08-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines the available mechanisms for personal data transfers between the EU and the UK after Brexit. The study shows that an adequacy finding for the UK would be beneficial, but insufficient. Notably, and to the extent that there is a consensus on these points, there is a need for a bespoke instrument that establishes a standstill period, and ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines the available mechanisms for personal data transfers between the EU and the UK after Brexit. The study shows that an adequacy finding for the UK would be beneficial, but insufficient. Notably, and to the extent that there is a consensus on these points, there is a need for a bespoke instrument that establishes a standstill period, and which allows the UK to participate in (i) the development of EU data protection policy, (ii) internal market data transfers, and (iii) security and law enforcement initiatives.

External author

Hans GRAUX, Time.lex Alessandra INNESTI, Spark Legal Network Inês DE MATOS PINTO, Spark Legal Network Peter MCNALLY, Spark Legal Network Patricia YPMA, Spark Legal Network Rianne SIEBENGA, PwC Wim WENSINK, PwC

An assessment of the Commission's proposal on privacy and electronic communications

01-06-2017

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, appraises the European Commission’s proposal for an ePrivacy Regulation. The study assesses whether the proposal would ensure that the right to the protection of personal data, the right to respect for private life and communications, and related rights enjoy a high standard of protection. The study also highlights the proposal’s potential benefits ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, appraises the European Commission’s proposal for an ePrivacy Regulation. The study assesses whether the proposal would ensure that the right to the protection of personal data, the right to respect for private life and communications, and related rights enjoy a high standard of protection. The study also highlights the proposal’s potential benefits and drawbacks more generally.

External author

Dr. Frederik ZUIDERVEEN BORGESIUS (project leader and editor), Dr. Joris VAN HOBOKEN, Ronan FAHY and Dr. Kristina IRION Max ROZENDAAL

A governance framework for algorithmic accountability and transparency

04-04-2019

Transparency and accountability are both tools to promote fair algorithmic decisions by providing the foundations for obtaining recourse to meaningful explanation, correction, or ways to ascertain faults that could bring about compensatory processes. The study develops policy options for the governance of algorithmic transparency and accountability, based on an analysis of the social, technical and regulatory challenges posed by algorithmic systems. Based on an extensive review and analysis of existing ...

Transparency and accountability are both tools to promote fair algorithmic decisions by providing the foundations for obtaining recourse to meaningful explanation, correction, or ways to ascertain faults that could bring about compensatory processes. The study develops policy options for the governance of algorithmic transparency and accountability, based on an analysis of the social, technical and regulatory challenges posed by algorithmic systems. Based on an extensive review and analysis of existing proposals for governance of algorithmic systems, the authors propose a set of four policy options each of which addresses a different aspect of algorithmic transparency and accountability. 1. Awareness raising: education, watchdogs and whistleblowers. 2. Accountability in public sector use of algorithmic decision-making. 3. Regulatory oversight and Legal liability. 4. Global coordination for algorithmic governance.

External author

DG, EPRS

Disinformation and propaganda – impact on the functioning of the rule of law in the EU and its Member States

28-02-2019

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs and requested by the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs, assesses the impact of disinformation and strategic political propaganda disseminated through online social media sites. It examines effects on the functioning of the rule of law, democracy and fundamental rights in the EU and its Member States. The study formulates recommendations ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs and requested by the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs, assesses the impact of disinformation and strategic political propaganda disseminated through online social media sites. It examines effects on the functioning of the rule of law, democracy and fundamental rights in the EU and its Member States. The study formulates recommendations on how to tackle this threat to human rights, democracy and the rule of law. It specifically addresses the role of social media platform providers in this regard.

External author

Judit BAYER (scientific coordinator, editor), Budapest Business School Natalija BITIUKOVA, Independent consultant Petra BÁRD, Central European University Judit SZAKÁCS, Center for Media, Data and Society at the Central European University Alberto ALEMANNO, HEC Paris Erik USZKIEWICZ, Hungarian Europe Society

Understanding algorithmic decision-making: Opportunities and challenges

05-03-2019

The expected benefits of Algorithmic Decision Systems (ADS) may be offset by the variety of risks for individuals (discrimination, unfair practices, loss of autonomy, etc.), the economy (unfair practices, limited access to markets, etc.) and society as a whole (manipulation, threat to democracy, etc.). We present existing options to reduce the risks related to ADS and explain their limitations. We sketch some recommendations to overcome these limitations to be able to benefit from the tremendous ...

The expected benefits of Algorithmic Decision Systems (ADS) may be offset by the variety of risks for individuals (discrimination, unfair practices, loss of autonomy, etc.), the economy (unfair practices, limited access to markets, etc.) and society as a whole (manipulation, threat to democracy, etc.). We present existing options to reduce the risks related to ADS and explain their limitations. We sketch some recommendations to overcome these limitations to be able to benefit from the tremendous possibilities of ADS while limiting the risks related to their use. Beyond providing an up-to-date and systematic review of the situation, the report gives a precise definition of a number of key terms and an analysis of their differences. The main focus of the report is the technical aspects of ADS. However, other legal, ethical and social dimensions are considered to broaden the discussion.

External author

DG, EPRS

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