Data Protection And Privacy In Visibilities And Infrastructures
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Data Protection and Privacy: (In)visibilities and Infrastructures
This book features peer reviewed contributions from across the disciplines on themes relating to protection of data and to privacy protection. The authors explore fundamental and legal questions, investigate case studies and consider concepts and tools such as privacy by design, the risks of surveillance and fostering trust. Readers may trace both technological and legal evolution as chapters examine current developments in ICT such as cloud computing and the Internet of Things. Written during the process of the fundamental revision of revision of EU data protection law (the 1995 Data Protection Directive), this volume is highly topical. Since the European Parliament has adopted the General Data Protection Regulation (Regulation 2016/679), which will apply from 25 May 2018, there are many details to be sorted out. This volume identifies and exemplifies key, contemporary issues. From fundamental rights and offline alternatives, through transparency requirements to health data breaches, the reader is provided with a rich and detailed picture, including some daring approaches to privacy and data protection. The book will inform and inspire all stakeholders. Researchers with an interest in the philosophy of law and philosophy of technology, in computers and society, and in European and International law will all find something of value in this stimulating and engaging work.
Health Data Pools Under European Data Protection and Competition Law
This book explores the emerging economic reality of health data pools from the perspective of European Union policy and law. The contractual sharing of health data for research purposes is giving rise to a free movement of research data, which is strongly encouraged at European policy level within the Digital Single Market Strategy. However, it has also a strong impact on data subjects' fundamental right to data protection and smaller businesses and research entities ability to carry out research and compete in innovation markets. Accordingly the work questions under which conditions health data sharing is lawful under European data protection and competition law. For these purposes, the work addresses the following sub-questions: i) which is the emerging innovation paradigm in digital health research?; ii) how are health data pools addressed at European policy level?; iii) do European data protection and competition law promote health data-driven innovation objectives, and how?; iv) which are the limits posed by the two frameworks to the free pooling of health data? The underlying assumption of the work is that both branches of European Union law are key regulatory tools for the creation of a common European health data space as envisaged in the Commissions 2020 European strategy for data. It thus demonstrates that both European data protection law, as defined under the General Data Protection Regulation, and European competition law and policy set research enabling regimes regarding health data, provided specific normative conditions are met. From a further perspective, both regulatory frameworks place external limits to the freedom to share (or not share) research valuable data.
The Internet of Things and EU Law
Author: Pier Giorgio Chiara
language: en
Publisher: Springer Nature
Release Date: 2024-10-30
This book offers a comprehensive and holistic analysis of the cybersecurity, privacy & data protection challenges entailed by IoT devices in EU law. A working definition and three-layered architecture taxonomy of the ‘Internet of Things’ are provided, together with a state-of-the-art threat landscape in which each specific attack is linked to a layer of the IoT taxonomy. In a scenario where IoT devices physically interact with individuals, the book disentangles the legal, ethical and technical aspects of the concepts of ‘(cyber)security’ and ‘safety’, as the former now affects the latter more than ever before. To this end, a normative analysis aims to explore the concepts of ‘cybersecurity’, ‘safety’ and ‘privacy’ against the background of the ‘IoT revolution’. Building on the outcomes of this normative analysis, the work then addresses from a legal perspective the rapidly evolving EU cybersecurity legal frameworks, particularly taking into account the specific issues related to the IoT, both in terms of technology and the market dynamics of the stakeholders involved. On a different level, the book also investigates three legal challenges raised by the ubiquitous IoT data and metadata processing to EU privacy and data protection laws. After having examined the manifold IoT ‘security & privacy’ risks, the discussion focuses on how to assess them, by giving particular attention to the risk management tool enshrined in EU data protection law (i.e., the Data Protection Impact Assessment). Accordingly, an original DPIA methodology for IoT devices is proposed. This book will appeal to researchers in IT law, EU cybersecurity & data protection law, and more generally, to anyone interested in finding out how EU cybersecurity and data protection law is responding to the manifold regulatory and compliance issues associated with connected devices.