33

résultat(s)

Mot(s)
Type de publication
Domaine politique
Auteur
Date

The CJEU judgment in the Schrems II case

15-09-2020

In its July 2020 Schrems II judgment, the Court of Justice of the European Union (CJEU) declared the European Commission’s Privacy Shield Decision invalid on account of invasive US surveillance programmes, thereby making transfers of personal data on the basis of the Privacy Shield Decision illegal. Furthermore, the Court stipulated stricter requirements for the transfer of personal data based on standard contract clauses (SCCs). Data controllers or processors that intend to transfer data based on ...

In its July 2020 Schrems II judgment, the Court of Justice of the European Union (CJEU) declared the European Commission’s Privacy Shield Decision invalid on account of invasive US surveillance programmes, thereby making transfers of personal data on the basis of the Privacy Shield Decision illegal. Furthermore, the Court stipulated stricter requirements for the transfer of personal data based on standard contract clauses (SCCs). Data controllers or processors that intend to transfer data based on SCCs must ensure that the data subject is granted a level of protection essentially equivalent to that guaranteed by the General Data Protection Regulation (GDPR) and the EU Charter of Fundamental Rights (CFR) – if necessary with additional measures to compensate for lacunae in protection of third-country legal systems. Failing that, operators must suspend the transfer of personal data outside the EU.

Understanding EU data protection policy

20-05-2020

The near-ubiquity of data in the lives of ordinary people, along with its exponential growth in generation rate and potential misuse, has made the protection of personal information an increasingly important social, legal and political matter for the EU. In recent years, both awareness of data rights and expectations for EU action in this area have grown considerably. The right to privacy and the right to protection of personal data are both enshrined in the Charter of Fundamental Rights of the EU ...

The near-ubiquity of data in the lives of ordinary people, along with its exponential growth in generation rate and potential misuse, has made the protection of personal information an increasingly important social, legal and political matter for the EU. In recent years, both awareness of data rights and expectations for EU action in this area have grown considerably. The right to privacy and the right to protection of personal data are both enshrined in the Charter of Fundamental Rights of the EU and the EU Treaties. The entry into force of the Lisbon Treaty in 2009 gave the Charter the same legal value as the Treaties and abolished the pillar structure, providing a stronger basis for a more effective and comprehensive data protection regime in the EU. In 2012, the European Commission launched an ambitious reform to modernise the EU data protection framework. It resulted in the adoption in 2016 of the main EU data protection legislative instrument – the General Data Protection Regulation (GDPR) – and the Law Enforcement Directive. The framework overhaul also included adopting an updated Regulation on Data Processing in the EU Institutions and reforming the ePrivacy Directive, pending in the Council since September 2017. The European Parliament has played a major role in passing these reforms, both as co-legislator and author of own-initiative reports and resolutions seeking to guarantee a high level of data protection to EU citizens. Last but not least, the European Court of Justice has also played an important part in building the EU data protection framework, with several landmark judgments delivered in recent years. In the coming years, potential challenges to the data protection framework include the question of how to adapt the GDPR to emerging technologies such as artificial intelligence, facial recognition technology and the Internet of Things. Potential fragmentation issues include differing Member State interpretations of consent for data processing, while compliance burdens for SMEs and insufficient resources for data protection authorities may present challenges for enforcement. The European Commission is expected to address these issues in its upcoming evaluation of the GDPR.

Artificial Intelligence (AI): new developments and innovations applied to e-commerce

15-04-2020

This in-depth analysis discusses the opportunities and challenges brought by the recent and the foreseeable developments of Artificial Intelligence into online platforms and marketplaces. The paper advocates the importance to support trustworthy, explainable AI (in order to fight discrimination and manipulation, and empower citizens), and societal-aware AI (in order to fight polarization, monopolistic concentration and excessive inequality, and pursue diversity and openness). This document was ...

This in-depth analysis discusses the opportunities and challenges brought by the recent and the foreseeable developments of Artificial Intelligence into online platforms and marketplaces. The paper advocates the importance to support trustworthy, explainable AI (in order to fight discrimination and manipulation, and empower citizens), and societal-aware AI (in order to fight polarization, monopolistic concentration and excessive inequality, and pursue diversity and openness). This document was prepared by the Policy Department A at the request of the Committee on the Internal Market and Consumer Protection.

Hearings of the Commissioners-designate: Didier Reynders - Justice

26-09-2019

This briefing is one in a set looking at the Commissioners-designate and their portfolios as put forward by Commission President-elect Ursula von der Leyen. Each candidate faces a three-hour public hearing, organised by one or more parliamentary committees. After that process, those committees will judge the candidates' suitability for the role based on 'their general competence, European commitment and personal independence', as well as their 'knowledge of their prospective portfolio and their communication ...

This briefing is one in a set looking at the Commissioners-designate and their portfolios as put forward by Commission President-elect Ursula von der Leyen. Each candidate faces a three-hour public hearing, organised by one or more parliamentary committees. After that process, those committees will judge the candidates' suitability for the role based on 'their general competence, European commitment and personal independence', as well as their 'knowledge of their prospective portfolio and their communication skills'. At the end of the hearings process, Parliament votes on the proposed Commission as a bloc, and under the Treaties may only reject the entire College of Commissioners, rather than individual candidates. The Briefing provides an overview of key issues in the portfolio areas, as well as Parliament's activity in the last term in that field. It also includes a brief introduction to the candidate.

What if Libra disrupted the financial system?

13-09-2019

Facebook’s envisaged cryptocurrency project Libra may enable a way of more connected, digital banking. However, it also triggered a debate around the added value of cryptocurrencies. What would change for banks, businesses and consumers with the new digital currency?

Facebook’s envisaged cryptocurrency project Libra may enable a way of more connected, digital banking. However, it also triggered a debate around the added value of cryptocurrencies. What would change for banks, businesses and consumers with the new digital currency?

Artificial intelligence, data protection and elections

20-05-2019

The Facebook/Cambridge Analytica case in 2018, revealing alleged misuse of personal data for political advertising, demonstrated how the underlying values of the European data protection rules are essential for democracy. The EU has recently adopted a series of additional initiatives to support free and fair elections, reflected not least in European Parliament (EP) debates and resolutions.

The Facebook/Cambridge Analytica case in 2018, revealing alleged misuse of personal data for political advertising, demonstrated how the underlying values of the European data protection rules are essential for democracy. The EU has recently adopted a series of additional initiatives to support free and fair elections, reflected not least in European Parliament (EP) debates and resolutions.

Personal data protection achievements during the legislative term 2014-2019: the role of the European Parliament

04-04-2019

Protection of personal data and respect for private life are important fundamental rights in the European Union. Considerable progress was made in safeguarding privacy during the legislative term 2014-2019 – most importantly, new EU data protection rules strengthening citizens’ rights and simplifying the rules for companies in the digital age took effect in May 2018. The European Parliament has always insisted on the need to strike a balance between enhancing security and safeguarding human rights ...

Protection of personal data and respect for private life are important fundamental rights in the European Union. Considerable progress was made in safeguarding privacy during the legislative term 2014-2019 – most importantly, new EU data protection rules strengthening citizens’ rights and simplifying the rules for companies in the digital age took effect in May 2018. The European Parliament has always insisted on the need to strike a balance between enhancing security and safeguarding human rights, including data protection and privacy. In Parliament, the Committee on Civil Liberties, Justice and Home Affairs (LIBE Committee) is responsible for legislation in the area of the protection of natural persons with regard to the processing of personal data, according to Parliament’s Rules of Procedure.

Artificial Intelligence ante portas: Legal & ethical reflections

14-03-2019

This briefing provides accessible introductions to some of the major legal, regulatory and ethical debates surrounding the deployment and use of AI systems. It focuses on the challenges that the sui generis features of AI may pose on the current legal framework and argues that as AI systems become more autonomous, a doctrinal paradigm swift may be needed. Given the foreseeable pervasiveness of AI, the briefing poses the question about how this new technology should be defined and classified in legal ...

This briefing provides accessible introductions to some of the major legal, regulatory and ethical debates surrounding the deployment and use of AI systems. It focuses on the challenges that the sui generis features of AI may pose on the current legal framework and argues that as AI systems become more autonomous, a doctrinal paradigm swift may be needed. Given the foreseeable pervasiveness of AI, the briefing poses the question about how this new technology should be defined and classified in legal and ethical terms. By providing an analysis of the key legal initiatives in this field in Europe, the briefing aims to equip the reader with the understanding they need to engage in clear-headed reflection about AI’s legal and socio-ethical challenges, and meaningful debates about how the current EU acquis may need to be adjusted to the new technological realities.

What if your emotions were tracked to spy on you?

13-03-2019

Recent reports of celebrity singer, Taylor Swift, deploying facial recognition technology to spot stalkers at her concerts raised many eyebrows. What started out as a tool to unlock your smartphone or tag photos for you on social media is surreptitiously becoming a means of monitoring people in their daily lives without their consent. What impact and implications are facial recognition technology applications likely to have, and what can be done to ensure the fair engagement of this technology with ...

Recent reports of celebrity singer, Taylor Swift, deploying facial recognition technology to spot stalkers at her concerts raised many eyebrows. What started out as a tool to unlock your smartphone or tag photos for you on social media is surreptitiously becoming a means of monitoring people in their daily lives without their consent. What impact and implications are facial recognition technology applications likely to have, and what can be done to ensure the fair engagement of this technology with its users and the public at large?

Free flow of non-personal data in the European Union

25-01-2019

One of the 16 key elements of the Commission’s digital single market strategy, presented in 2015, was a legislative proposal to facilitate the free flow of non-personal data. The mid-term review of the digital single market in 2017 identified the data economy as one of the top three priority areas in the second half of the strategy’s implementation. It found the European data economy could grow 18-fold, given favourable policy and legislative conditions, representing 4 % of EU GDP by 2020. On 13 ...

One of the 16 key elements of the Commission’s digital single market strategy, presented in 2015, was a legislative proposal to facilitate the free flow of non-personal data. The mid-term review of the digital single market in 2017 identified the data economy as one of the top three priority areas in the second half of the strategy’s implementation. It found the European data economy could grow 18-fold, given favourable policy and legislative conditions, representing 4 % of EU GDP by 2020. On 13 September 2017, the Commission tabled a proposal for a regulation aimed at removing obstacles to the free movement of non-personal data across borders. It focuses on removing the geographical restrictions on data storage in the internal market, a move long demanded by stakeholders. In addition, the Commission proposes self-regulation to facilitate switching cloud-service-providers for professional users. Other, less widely agreed aspects, such as access rights and liability were left for future proposals. The European Parliament adopted the legislation on 3 October 2018 and it was approved by the Council of Ministers on 9 November. The regulation was signed by both institutions on 14 November and published in the Official Journal on 28 November. It will be directly applicable in all Member States from 18 June 2019. 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.

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