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Interoperability between EU border and security information systems

14-06-2019

To enhance EU external border management and internal security, the European Commission has made several proposals to upgrade and expand European border and security information systems. As part of a broader process to maximise their use, the Commission presented legislative proposals for two regulations in December 2017 (amended in June 2018), establishing an interoperability framework between EU information systems on borders and visas, and on police and judicial cooperation, asylum and migration ...

To enhance EU external border management and internal security, the European Commission has made several proposals to upgrade and expand European border and security information systems. As part of a broader process to maximise their use, the Commission presented legislative proposals for two regulations in December 2017 (amended in June 2018), establishing an interoperability framework between EU information systems on borders and visas, and on police and judicial cooperation, asylum and migration. After completion of the legislative procedure at first reading in the Parliament and in the Council, the final acts were signed by the co-legislators on 20 May 2019 and published in the Official Journal two days later. Both acts came into force on 11 June 2019. The new rules aim to improve checks at the EU’s external borders, allow for better detection of security threats and identity fraud, and help in preventing and combating irregular migration. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Artificial Intelligence: challenges for EU citizens and consumers

15-01-2019

This briefing addresses the regulation of artificial intelligence (AI), namely, how to ensure that AI benefits citizens and communities, according to European values and principles. Focusing on data and consumer protection, it presents risks and prospects of the applications of AI, it identifies the main legal regimes that are applicable, and examines a set of key legal issues.

This briefing addresses the regulation of artificial intelligence (AI), namely, how to ensure that AI benefits citizens and communities, according to European values and principles. Focusing on data and consumer protection, it presents risks and prospects of the applications of AI, it identifies the main legal regimes that are applicable, and examines a set of key legal issues.

Parlamendiväline autor

Prof. Giovanni SARTOR

European Travel Information and Authorisation System (ETIAS)

18-10-2018

Strengthening the EU’s external borders is key to ensuring internal security and to preserving freedom of movement in the Schengen area. While the existing border management information systems do address some of the information gaps concerning non-EU citizens coming into the EU, there is a lack of information related to visa-exempt third-country nationals arriving at the Schengen external borders. The European Commission is therefore proposing to set up an automated system that would gather information ...

Strengthening the EU’s external borders is key to ensuring internal security and to preserving freedom of movement in the Schengen area. While the existing border management information systems do address some of the information gaps concerning non-EU citizens coming into the EU, there is a lack of information related to visa-exempt third-country nationals arriving at the Schengen external borders. The European Commission is therefore proposing to set up an automated system that would gather information on visa-exempt travellers prior to their arrival, in order to determine any irregular migration, security or public-health risks associated with them. The proposal follows similar models already existing in the USA, Canada and Australia, among others. ETIAS formally entered into force in October 2018, but will not become operational before 2021. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

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.

Parlamendiväline autor

EPRS, Comparative Law

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.

Parlamendiväline autor

EPRS, Comparative Law

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.

Digital technology in elections: Efficiency versus credibility?

10-09-2018

Digital technology brings greater efficiency in many walks of life, and elections are no exception. Online databases hugely facilitate the task of creating and managing accurate and up-to-date electoral rolls. In less developed countries, whose citizens often lack reliable identity documents, biometric technology can help to identify voters, thus preventing fraud in the form of multiple voting. However, for some aspects of election management, digitalisation is more controversial. Electronic voting ...

Digital technology brings greater efficiency in many walks of life, and elections are no exception. Online databases hugely facilitate the task of creating and managing accurate and up-to-date electoral rolls. In less developed countries, whose citizens often lack reliable identity documents, biometric technology can help to identify voters, thus preventing fraud in the form of multiple voting. However, for some aspects of election management, digitalisation is more controversial. Electronic voting machines count votes quickly and accurately. First used in the United States, they have spread to several Latin American and Asian countries. However, the intangible nature of digital processes makes detecting tampering more difficult; as a result, most European countries are sticking to tried-and-trusted conventional paper ballots. Even more controversial is the idea of internet voting. On the one hand, allowing citizens the convenience of casting their vote online without the need to visit polling stations could help to reverse a worrying decline in voter turnout across the world. On the other hand, current technology does not allow internet voting systems to be fully secured against hackers, a major concern given the growing sophistication of cyber-attacks (for example, from Russia). To date, only Estonia gives all voters the option of online voting in national elections.

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.

Parlamendiväline autor

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

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.

Virtual currencies in the Eurosystem: challenges ahead

16-07-2018

Speculation on Bitcoin, the evolution of money in the digital age, and the underlying blockchain technology are attracting growing interest. In the context of the Eurosystem, this briefing paper analyses the legal nature of privately issued virtual currencies (VCs), the implications of VCs for central bank’s monetary policy and monopoly of note issue, and the risks for the financial system at large. The paper also considers some of the proposals concerning central bank issued virtual currencies. ...

Speculation on Bitcoin, the evolution of money in the digital age, and the underlying blockchain technology are attracting growing interest. In the context of the Eurosystem, this briefing paper analyses the legal nature of privately issued virtual currencies (VCs), the implications of VCs for central bank’s monetary policy and monopoly of note issue, and the risks for the financial system at large. The paper also considers some of the proposals concerning central bank issued virtual currencies. This document was provided by Policy Department A at the request of the Committee on Economic and Monetary Affairs.

Parlamendiväline autor

Rosa María LASTRA, Jason Grant ALLEN

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