EU data protection policy:the directive 95/46/EC : ten years after (original) (raw)
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Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal? Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim.
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Edward Elgar Publishing eBooks, 2022
Data Protection is a continuously growing research field. Personal data processing impacts not only the individuals, their dignity and autonomy, but also the society as a whole. In the words of Stefano Rodotà 'the democratic nature of any society can be also gauged by the extent to which personal data are actually protected'. 1 The COVID19 pandemic greatly illustrates the multi-faceted nature of data protection. Data concerning health became of paramount importance not only for the so-called social distancing measures, but also for medical research. At the same time, we all witnessed vast collection, commercialisation and often misuse of personal data. Health apps with the green certificates necessary for travelling, apps promising to limit the spreading rates of the virus by notifying citizens of infected persons in their proximity, and access policies involving temperature measuring of employees. 2 The necessity and proportionality of processing of all those data in the name of public health is questionable. Especially, given the false promises of many of those measures. 3 In parallel, Public Private Partnerships became the new norm, legitimising access to and use of data, often coupled with allegations on inappropriate data security guarantees. 4 The COVID19 example teaches us the importance of personal data and of rules on fair and proportionate processing, but also the relevance of data protection as a regulatory field, and consequently of data protection research. This Handbook aims at depicting the actual scholarly, state-of-the-art overview of research and the scope of current thinking in the field of European data protection in a multidisciplinary manner, and reflecting on current issues that will mark the next generation of research. Several reasons make the publication of this Research Handbook on European Data Protection so timely.
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The availability and circulation of data, information, knowledge and materials are essential in all fields of research, but they are particularly important in a period in which it is necessary to tackle a global phenomenon like the COVID-19 pandemic. Awareness of the importance of the circulation of information derived from data, the European Commission has been elaborating a strategy for the circulation and sharing of personal and non-personal data. The European strategy needs the data to circulate and be shared in the economic, academic, and social environments. To achieve those objectives, EU documents use the metaphor of building a 'European Data Area', that is to say, legal, economic, and cultural frameworks governed at the continental and national levels, such as European Research Area ('ERA', see Article 179 TFEU) and the proposed European Health Data Space ('EHDS'). An analysis of the current legislation seems to indicate several legal constraints on the circulation of data (information, knowledge and material), able to affect the building of an effective European Data Area. These limitations aim at protecting individual rights, such as privacy or other interests. However, such limitations to the circulation of data may affect other relevant rights and interests such as freedom of research and health. For this reason, this paper intends to show what are the legal means to find the points of equilibrium between the different viewpoints and allow the sustainable function of the European Data Area. Because proper global governance of health data and materials is required, the paper tries to the analysis of the main EU instruments which at this moment are able to regulate it, in order to implement an effective system for the exchange of data, in the meantime that the scientific community is waiting for the European Data Protection Board (EDPB) guidance on the processing health data for research purposes, still pending.
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Public access and data protection are both fundamental rights provided for in a wide range of legislation at the national Romanian level and European level. Usually, there is no hierarchical order and no clashes between the two rights. Still, given that the purpose of the right to access to official public documents is to foster access to all documents, whereas the Data Protection Regulation must guarantee the protection of personal data, a tension can arise in some cases. We try in our paper to analyze how these two rights have intertwined before the GDPR and will continue to cross paths after this entered into force. The study uses the logical method, analyzes the legal provisions, as well as the solutions derived from the judicial practice. The conclusions aim at unrevealing some pointers for good practice in the public administration.
Private Regulation in EU Better Regulation
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