88

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The right to respect for private life: digital challenges, a comparative-law perspective - The United States

04-10-2018

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the right to respect for private life in different legal systems, and between the ways in which the systems address the challenges that the ‘digital age’ poses to the exercise of that right. It analyses, with reference to the United States and the subject at hand, the legislation in force, the most relevant case law and the nature of the right to respect for private ...

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the right to respect for private life in different legal systems, and between the ways in which the systems address the challenges that the ‘digital age’ poses to the exercise of that right. It analyses, with reference to the United States and the subject at hand, the legislation in force, the most relevant case law and the nature of the right to respect for private life, ending with some conclusions on the challenges discussed. Unlike jurisdictions that have adopted an omnibus approach to privacy protection, the US takes a sectoral approach to regulating privacy, with different regulatory regimes for different contexts and sectors of the economy. This report provides an overview of the different areas of law addressing privacy, including constitutional, statutory, and common law, as well as of relevant scholarly commentary. The report concludes with a summary of the current legislative outlook.

Ekstern forfatter

This study has been written by Mr Luis Acosta, Chief, Foreign, Comparative, and International Law Division II, Law Library of Congress, of the US Library of Congress, at the request of the Comparative Law Library Unit, Directorate-General for Parliamentary Research Services (DG EPRS), General Secretariat of the European Parliament.

The right to respect for private life: digital challenges, a comparative-law perspective - The United Kingdom

04-10-2018

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the right to respect for private life in different legal systems, and between the ways in which the systems address the challenges that the ‘digital age’ poses to the exercise of that right. It analyses, with reference to the United Kingdom, the legislation in force, the most relevant case law and the nature of the right to respect for private life. Chapter 2 describes ...

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the right to respect for private life in different legal systems, and between the ways in which the systems address the challenges that the ‘digital age’ poses to the exercise of that right. It analyses, with reference to the United Kingdom, the legislation in force, the most relevant case law and the nature of the right to respect for private life. Chapter 2 describes the concept of a right to respect for private life as it is recognised in UK legislation. This section of materials is subdivided into two parts. The first part outlines statutory protection for privacy interests, including the recently enacted Data Protection Act 2018 that gives domestic effect to the General Data Protection Regulations. The rest of chapter 2 discusses the most prominent set of statutory restrictions or qualifications upon the right. Privacy interests are thus revealed to be limited in the interests of national security and the prevention, investigation and detection of crime including crimes connected to the sexual abuse of children and young persons. Particular sets of laws authorise interception, examination and retention of digital online communications. Relevant obligations imposed on ISPs and telecommunications companies are described as are safeguards against unlawful forms of intrusion into these communications. Chapter 3 provides an overview of relevant jurisprudence in privacy related matters. A central focus of this chapter is the relatively recently developed tort of misuse of personal information. An evaluation of the overall state of UK law is offered in chapter 4. Finally, the conclusion identifies some privacy-related issues that are likely to arise in the near future.

Ekstern forfatter

This study has been written by Professor Ian Cram, Professor of Comparative Constitutional Law, School of Law, Leeds University, at the request of the Comparative Law Library Unit, Directorate-General for Parliamentary Research Services (DG EPRS), General Secretariat of the European Parliament.

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 Privacy Shield: Update on the state of play of the EU-US data transfer rules

26-07-2018

The CJEU’s Schrems judgment of October 2015, besides declaring the European Commission’s Decision on the EU-US ‘Safe Harbour’ data transfer regime invalid, has also settled a number of crucial requirements corresponding to the foundations of EU data protection. In less than one year from the CJEU ruling, the Commission had adopted a new adequacy decision in which the new framework for EU-US data transfer, the Privacy Shield (2016), is deemed to adequately protect EU citizens. The main improvements ...

The CJEU’s Schrems judgment of October 2015, besides declaring the European Commission’s Decision on the EU-US ‘Safe Harbour’ data transfer regime invalid, has also settled a number of crucial requirements corresponding to the foundations of EU data protection. In less than one year from the CJEU ruling, the Commission had adopted a new adequacy decision in which the new framework for EU-US data transfer, the Privacy Shield (2016), is deemed to adequately protect EU citizens. The main improvements of the Privacy Shield (over its predecessor), as well as the critical reactions to the new arrangements, are discussed in this paper. The first joint annual review took place in September 2017 on which both the Commission and Article 29 Working Party issued their own reports. Although progress is recognised, a number of concerns remain and new challenges to the Privacy Shield have arisen, among others, from the Facebook/Cambridge Analytica scandal, as pointed out by the European Parliament in its recent resolution.

Cyber-security [What Think Tanks are thinking]

27-04-2018

Cyber-security can be defined as the protection of computer systems and mobile devices from theft and damage to their hardware, software or information, as well as from disruption or misdirection of the services they provide. Cyber-crime and cyber-attacks have become a growing threat to governments, businesses and individuals as digital technologies advance. There have also been allegations of cyber-espionage, proliferation of fake news and misuse of social media in some electoral campaigns. The ...

Cyber-security can be defined as the protection of computer systems and mobile devices from theft and damage to their hardware, software or information, as well as from disruption or misdirection of the services they provide. Cyber-crime and cyber-attacks have become a growing threat to governments, businesses and individuals as digital technologies advance. There have also been allegations of cyber-espionage, proliferation of fake news and misuse of social media in some electoral campaigns. The European Commission updated the European Union’s cyber-security strategy in September 2017, to promote cyber-resilience and joint response across the bloc. This note offers links to reports and commentaries from some major international think-tanks and research institutes on cyber-security and relations issues. More reports on the topic can be found in a previous edition of ‘What Think Tanks are thinking’, published in February 2017.

The use of chip implants for workers

15-01-2018

This paper explains the technology of RFID chip implants; explores current applications, and considers legal, ethical, health, and security issues relating to their potential use in the workplace. The study was commissioned by Policy Department A for the Employment and Social Affairs Committee (EMPL).

This paper explains the technology of RFID chip implants; explores current applications, and considers legal, ethical, health, and security issues relating to their potential use in the workplace. The study was commissioned by Policy Department A for the Employment and Social Affairs Committee (EMPL).

Ekstern forfatter

Richard Graveling, Thomas Winski, Ken Dixon

Understanding artificial intelligence

11-01-2018

Artificial intelligence (AI) systems already permeate daily life: they drive cars, decide on mortgage applications, translate texts, recognise faces on social networks, identify spam emails, create artworks, play games, and intervene in conflict zones. The AI revolution that began in the 2000s emerged from the combination of machine learning techniques and 'big data'. The algorithms behind these systems work by identifying statistical correlation in the data they analyse, enabling them to perform ...

Artificial intelligence (AI) systems already permeate daily life: they drive cars, decide on mortgage applications, translate texts, recognise faces on social networks, identify spam emails, create artworks, play games, and intervene in conflict zones. The AI revolution that began in the 2000s emerged from the combination of machine learning techniques and 'big data'. The algorithms behind these systems work by identifying statistical correlation in the data they analyse, enabling them to perform tasks for which intelligence is required if a human were to perform them. Nevertheless, data-driven AI can only perform one task at a time, and cannot transfer its knowledge. 'Strong AI', able to display human-like intelligence and common sense, and which might be able to set its own goals, is not yet within reach. Despite the fears portrayed in film and TV entertainment, the idea of a 'superintelligence' able to self-improve and dominate humans remains an esoteric possibility, as development of strong AI systems is not predicted for a few decades or more, if indeed development ever reaches this stage. Nevertheless, the development of data-driven AI systems implies adaptation of legal frameworks on the collection, use and storage of data, due to privacy and other issues. Bias in data supplied to AI systems can also reproduce or amplify bias in the decisions they make. However, the key issue remains the level of autonomy given to AI systems to make decisions that could be life-changing, keeping in mind that they only provide recommendations, that they do not understand the tasks they perform, and that there is no way to know how they reach their conclusions. AI systems are expected to impact society, especially the job market, and could increase inequalities. To counter the abuse of probabilistic prediction and the risks to privacy, in April 2016 the European Parliament and the Council of the EU adopted the General Data Protection Regulation. The European Parliament also requested an update of the Union legal framework on robotics and AI in February 2017.

Beskyttelse af personoplysninger

01-01-2018

Beskyttelsen af personoplysninger og respekten for privatlivets fred er væsentlige grundlæggende rettigheder. Europa-Parlamentet har altid understreget, at det er absolut nødvendigt, at der opnås en balance mellem styrkelsen af den offentlige sikkerhed og beskyttelsen af menneskerettighederne, herunder databeskyttelse og privatlivets fred. EU's nye databeskyttelsesregler, der styrker borgernes rettigheder og forenkler reglerne for virksomheder i den digitale tidsalder, trådte i kraft i maj 2018.

Beskyttelsen af personoplysninger og respekten for privatlivets fred er væsentlige grundlæggende rettigheder. Europa-Parlamentet har altid understreget, at det er absolut nødvendigt, at der opnås en balance mellem styrkelsen af den offentlige sikkerhed og beskyttelsen af menneskerettighederne, herunder databeskyttelse og privatlivets fred. EU's nye databeskyttelsesregler, der styrker borgernes rettigheder og forenkler reglerne for virksomheder i den digitale tidsalder, trådte i kraft i maj 2018.

Data flows- Future Scenarios

14-11-2017

Prepared by Policy Department A at the request of the European Parliament’s Committee on Industry, Research and Energy (ITRE), this report examines the current state of play in the open data market and the legal framework in the EU. Barriers and possible solutions are identified in the form of future scenarios to 2020-25. The key policy recommendation is to instigate a system of Open Data Licensing to drive access to open data, akin to open source software licensing.

Prepared by Policy Department A at the request of the European Parliament’s Committee on Industry, Research and Energy (ITRE), this report examines the current state of play in the open data market and the legal framework in the EU. Barriers and possible solutions are identified in the form of future scenarios to 2020-25. The key policy recommendation is to instigate a system of Open Data Licensing to drive access to open data, akin to open source software licensing.

Ekstern forfatter

Colin BLACKMAN, Camford Associates Ltd; Associate Research Fellow, CEPS. Simon FORGE, SCF Associates Ltd.

Reform of the e-Privacy Directive

30-08-2017

In January 2017, the Commission tabled a proposal for a regulation on privacy and electronic communications which would replace the current 2002 e-Privacy Directive. The main objectives of the review are: enhancing security and communications confidentiality; defining clearer rules on tracking technologies such as cookies; and achieving greater harmonisation among Member States. Stakeholders are divided on certain issues, including on the basic need for a new measure to protect confidentiality in ...

In January 2017, the Commission tabled a proposal for a regulation on privacy and electronic communications which would replace the current 2002 e-Privacy Directive. The main objectives of the review are: enhancing security and communications confidentiality; defining clearer rules on tracking technologies such as cookies; and achieving greater harmonisation among Member States. Stakeholders are divided on certain issues, including on the basic need for a new measure to protect confidentiality in e-communications. Some national parliaments have made comments on the proposal, and discussions are progressing in Council. In the European Parliament, rapporteur Marju Lauristin (S&D, Estonia) presented a draft report to the Civil Liberties Committee on 21 June 2017, and this is expected to be voted in October 2017.

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Health threats from climate change: Scientific evidence for policy-making
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