Journal articles: 'Data Protection Directive'

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Dresner, Stewart, and Ian Walden. "The EC data protection directive." Computer Law & Security Review 6, no. 4 (November 1990): 22–24. http://dx.doi.org/10.1016/0267-3649(90)90135-x.

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Bainbridge, David I. "Processing personal data and the data protection directive." Information & Communications Technology Law 6, no. 1 (March 1997): 17–40. http://dx.doi.org/10.1080/13600834.1997.9965752.

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Blume, Peter. "The Data Protection Directive and Danish Law." International Review of Law, Computers & Technology 11, no. 1 (March 1997): 65–78. http://dx.doi.org/10.1080/13600869755820.

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Saxby, Stephen. "Data protection directive gets its first progress report." Computer Law & Security Review 19, no. 4 (July 2003): 271. http://dx.doi.org/10.1016/s0267-3649(03)00401-1.

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Woods, Lorna. "Data Protection: The Directive and the New Act." Utilities Law Review 10, no. 2 (March 1999): 45–46. http://dx.doi.org/10.1002/(sici)1099-1808(199903/04)10:2<45::aid-ulr1123>3.0.co;2-k.

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Allaert, F.-A., and B. Barber. "Some systems implications of EU Data Protection Directive." European Journal of Information Systems 7, no. 1 (1998): 1–4. http://dx.doi.org/10.1038/sj.ejis.3000278.

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Allaert, F.-A., and B. Barber. "Some systems implications of EU Data Protection Directive." European Journal of Information Systems 7, no. 1 (March 1998): 1–4. http://dx.doi.org/10.1057/palgrave.ejis.3000278.

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Millard, Christopher. "Impact of the EU data protection directive on transborder data flows." Information Security Technical Report 2, no. 1 (January 1997): 8–49. http://dx.doi.org/10.1016/s1363-4127(97)80881-3.

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Hoeren, Thomas. "The new German Data Protection Act and its compatibility with the European Data Protection Directive." Computer Law & Security Review 25, no. 4 (July 2009): 318–24. http://dx.doi.org/10.1016/j.clsr.2009.05.002.

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Smith, M. F. "Data protection, health care, and the new European directive." BMJ 312, no. 7025 (January 27, 1996): 197–98. http://dx.doi.org/10.1136/bmj.312.7025.197.

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Gerrand, C. "Data protection, health care, and the new European directive." BMJ 313, no. 7056 (August 31, 1996): 560. http://dx.doi.org/10.1136/bmj.313.7056.560.

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Rees, Frank. "European directive on data protection could see Australia blacklisted." Computer Audit Update 1996, no. 8 (August 1996): 5. http://dx.doi.org/10.1016/0960-2593(96)84048-1.

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Clifford, Damian, Inge Graef, and Peggy Valcke. "Pre-formulated Declarations of Data Subject Consent—Citizen-Consumer Empowerment and the Alignment of Data, Consumer and Competition Law Protections." German Law Journal 20, no. 05 (July 2019): 679–721. http://dx.doi.org/10.1017/glj.2019.56.

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AbstractOne of the novelties brought about by the new General Data Protection Regulation (GDPR) is a strengthening of the concept of consent. For instance, although the freely given stipulation existed in the old framework—the Data Protection Directive 95/46/EC—the changes introduced by the GDPR arguably imply that access to services may no longer depend on data subject consent. In reality however, data subjects often find themselves confronted with standard privacy policies and take-it-or-leave-it offers. Against this background, this Article aims to examine the alignment of the respective data protection and privacy, consumer protection, and competition law policy agendas through the lens of pre-formulated declarations of consent. The Article aims to delineate the role of each area with specific reference to the GDPR and ePrivacy Directive, the Unfair Terms Directive, the Consumer Rights Directive, and the Digital Content Directive (Compromise), in addition to market dominance. Competition law analysis is explored vis-à-vis whether it could offer indicators of when a clear imbalance in controller-data subject relations may occur in the context of the requirement for consent to be freely given, as per its definition in the GDPR. This complements the data protection and consumer protection analysis which focuses on the specific reference to the Unfair Terms Directive in Recital 42 GDPR, stating that pre-formulated declarations of consent should not contain unfair terms.

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Bhaimia, Sahar. "The General Data Protection Regulation: the Next Generation of EU Data Protection." Legal Information Management 18, no. 1 (March 2018): 21–28. http://dx.doi.org/10.1017/s1472669618000051.

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AbstractThis article, written by Sahar Bhaimia, presents an overview of the General Data Protection Regulation (EU) (2016/679) (GDPR) which will apply automatically across the EU on 25 May 2018. The GDPR is an update and reform of existing EU data protection law, first established by the Data Protection Directive (1995/46/EC). The article is for knowledge managers and information services professionals who may be asked to take on responsibility for GDPR, and focuses on the UK. It covers the fundamentals of EU data protection law, highlights key changes brought about by the GDPR, and provides practical tips and suggestions for knowledge managers.

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Roos, A. "Personal Data Protection in New Zealand: Lessons for South Africa?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 4 (July 4, 2017): 61. http://dx.doi.org/10.17159/1727-3781/2008/v11i4a2786.

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In 1995 the European Union adopted a Directive on data protection. Article 25 of this Directive compels all EU member countries to adopt data protection legislation and to prevent the transfer of personal data to non-EU member countries (“third countries”) that do not provide an adequate level of data protection. Article 25 results in the Directive having extra-territorial effect and exerting an influence in countries outside the EU. Like South Africa, New Zealand is a “third” country in terms of the EU Directive on data protection. New Zealand recognised the need for data protection and adopted a data protection Act over 15 years ago. The focus of this article is on the data protection provisions in New Zealand law with a view to establishing whether South Africa can learn any lessons from them. In general, it can be said that although New Zealand law does not expressly recognise a right to privacy, it has a data protection regime that functions well and that goes a long way to providing adequate data protection as required by the EU Directive on data protection. Nevertheless, the EU has not made a finding to that effect as yet. The New Zealand data protection act requires a couple of amendments before New Zealand might be adjudged ‘adequate’. South Africa’s protection of the right to privacy and identity is better developed and more extensive than that of New Zealand. Privacy is recognised and protected in the law of delict and by the South African Constitution. Despite South Africa’s apparently high regard for the individual’s right to privacy and identity and our well-developed common and constitutional law of privacy, South Africa does not meet the adequacy requirement of the EU Directive, because we do not have a data protection Act. This means that South African participants in the information technology arena are at a constant disadvantage. It is argued that South Africa should follow New Zealand’s example and adopt a data protection law as soon as possible.

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Charlesworth, Andrew. "Implementing the European union data protection directive 1995 in UK law: The data protection act 1998." Government Information Quarterly 16, no. 3 (January 1999): 203–40. http://dx.doi.org/10.1016/s0740-624x(99)80025-2.

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Mouzakiti, F. "Transborder Data Flows 2.0: Mending the Holes of the Data Protection Directive." European Data Protection Law Review 1, no. 1 (2015): 39–51. http://dx.doi.org/10.21552/edpl/2015/1/8.

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White, A. "Control of transborder data flow: reactions to the European data protection directive." International Journal of Law and Information Technology 5, no. 2 (June 1, 1997): 230–41. http://dx.doi.org/10.1093/ijlit/5.2.230.

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Alves, Maria De Almeida. "Directive on certain aspects concerning contracts for the supply of digital content and digital services & the EU data protection legal framework: are worlds colliding?" UNIO – EU Law Journal 5, no. 2 (July 2, 2019): 34–42. http://dx.doi.org/10.21814/unio.5.2.2290.

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This Paper will address the interplay between the Directive on certain aspects concerning contracts for the supply of digital content and digital services and the current EU data protection framework, namely the General Data Protection Regulation. Albeit the Directive has the aim of protecting consumers, has it gone too far and made a crack in the data protection EU legal framework? Can personal data be treated as a commodity or is its scope as a counter-performance subject to a particular interpretation? I shall analyze these questions in light of the European Data Protection Supervisor’s Opinion 4/2017 and the European Data Protection Board’s Guidelines 2/2019.

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Beyleveld, Deryck, and Mark Taylor. "Data Protection, Genetics and Patents for Biotechnology." European Journal of Health Law 14, no. 2 (2007): 177–87. http://dx.doi.org/10.1163/092902707x199113.

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AbstractThis paper has three parts. In Part One, we argue that while biological samples and genetic information extracted from them are not (in terms of Directive 95/46/EC) personal data in and of themselves, each is capable of being personal data in appropriate contexts. In Part Two, we argue that if this is correct, then the requirement for sources of human biological samples to give informed consent for any use of their samples (which the European Court of Justice has maintained to be a fundamental principle of EC law but not one to be enforced via patent law) must be enforced by data protection law in the EU. Finally, in Part Three, we consider the implications of our position for the capacity of Directive 95/46/EC to adequately protect third party interests given the shared nature of genetic data.

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Sheikh, Asim. "The Data Protection (Amendment) Act, 2003: The Data Protection Directive and its Implications for Medical Research in Ireland." European Journal of Health Law 12, no. 4 (2005): 357–72. http://dx.doi.org/10.1163/157180905775088568.

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AbstractDirective 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of Such Data has been transposed into national law and is now the Data Protection (Amendment) Act, 2003.The Directive and the transposing Act provide for new obligations to those processing data. The new obligation of primary concern is the necessity to obtain consent prior to the processing of data (Article 7, Directive 95/46/EC). This has caused much concern especially in relation to 'secondary data' or 'archived data'.There exist, what seem to be in the minds of the medical research community, two competing interests: (i) that of the need to obtain consent prior to processing data and (ii) the need to protect and foster medical research. At the same time as the introduction of the Act, other prior legislation, i.e. the Freedom of Information Act, 1997-2003, has encouraged candour within the doctor-patient relationship and the High Court in Ireland, in the case of Geoghegan v. Harris, has promulgated the 'reasonable-patient test' as being the correct law in relation to the disclosure of risks to patients. The court stated that doctors have a duty to disclose all material risks to patients. The case demonstrates an example of a move toward a more open medical relationship. An example of this rationale was also recently seen in the United Kingdom in the House of Lords decision in Chester v. Afshar. Within the medical research community in Ireland, the need to respect the autonomy of patients and research participants by providing information to such parties has also been observed (Sheikh A. A., 2000 and Irish Council for Bioethics, 2005).Disquiet has been expressed in Ireland and other jurisdictions by the medical research communities in relation to the exact working and meaning of the Directive and therefore the transposing Acts (Strobl et al). This may be due to the fact that, as observed by Beyleveld "The Directive makes no specific mention of medical research and, consequently, it contains no provisions for medical research as an explicitly delineated category." (Beyleveld D., 2004) This paper examines the Irish Act and discusses whether the concerns expressed are well-founded and if the Act is open to interpretation such that it would not hamper medical research and public health work.

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de Sousa Gonçalves, Anabel Susana. "THE EXTRATERRITORIAL APPLICATION OF THE EU DIRECTIVE ON DATA PROTECTION." Spanish Yearbook of International Law 19 (December 31, 2015): 195–209. http://dx.doi.org/10.17103/sybil.19.12.

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Vacca, John R. "The European Data Protection Directive: A Roadblock to International Trade?" Information Systems Security 9, no. 1 (March 2000): 1–10. http://dx.doi.org/10.1201/1086/43308.9.1.20000304/31346.7.

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Huttl, T. "The content of 'complete independence'contained in the Data Protection Directive." International Data Privacy Law 2, no. 3 (May 15, 2012): 137–48. http://dx.doi.org/10.1093/idpl/ips011.

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Wong, Rebecca. "The Data Protection Directive 95/46/EC: Idealisms and realisms." International Review of Law, Computers & Technology 26, no. 2-3 (November 2012): 229–44. http://dx.doi.org/10.1080/13600869.2012.698453.

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Chalton, Simon. "The Transposition into UK Law of EU Directive 95/46/EC (the Data Protection Directive)." International Review of Law, Computers & Technology 11, no. 1 (March 1997): 25–32. http://dx.doi.org/10.1080/13600869755794.

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Erdos, David. "EUROPEAN UNION DATA PROTECTION LAW AND MEDIA EXPRESSION: FUNDAMENTALLY OFF BALANCE." International and Comparative Law Quarterly 65, no. 1 (January 2016): 139–83. http://dx.doi.org/10.1017/s0020589315000512.

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AbstractThe European Data Protection Directive 95/46/EC requires all European Economic Area (EEA) jurisdictions to provide an equivalent regime protecting the privacy and other fundamental rights and freedoms of natural persons in relation to personal data processing, whilst also shielding media expression from the default substantive requirements as necessary to ensure a balance between fundamental rights. Through a comprehensive coding of the derogations set out in each jurisdiction's data protection laws, this article provides the first systematic analysis of whether this has in fact been achieved. It is demonstrated that there is a total lack of even minimal harmonization in this area, with many laws providing for patently unbalanced results especially as regards the publication of sensitive information, which includes criminal convictions and political opinion, and the collection of information without notice direct from the data subject. This reality radically undermines European data protection's twin purposes of ensuring the free flow of personal data and protecting fundamental rights, an outcome which remains largely unaddressed by the proposed new Data Protection Regulation. Practical suggestions are put forward to ameliorate these troubling inconsistencies within the current process of reform.

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Ricci, Annarita. "E-Government, transparency and personal data protection." Central and Eastern European eDem and eGov Days 325 (March 1, 2018): 125–35. http://dx.doi.org/10.24989/ocg.v325.11.

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In recent years, many governments increased transparency, publicity and free access in their activities. Information and communication technologies (ICTs) are seen as a powerful tool to reduce “public diseases” such as low citizen trust, bad performance, low accountability and corruption. While some of these efforts have received a considerable attention, the balance between the value of transparency and the necessity of protecting individual’s personal rights has not been widely considered. It is an obvious fact that administrative records and documents may contain personal data, so it has become necessary to guarantee citizens’ privacy and respect the principles set forth in the European legislation. Information can indeed become more damaging if spread on the web rather than through conventional channels. Therefore, personal identity has to be protected through the removal of information which it is no longer necessary to process. In this scenario, the present work analyses the main measures public administrative bodies are required to implement, regardless of the purposes for which the information is posted online. The analysis conducted will be a scholar reflection based on Directive 95/46/EC and recent “Regulation (EU) 2016/679 of the European Parliament ad of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)”. The paper will introduce a perspective concerning three different topics, namely the right to personal data protection, the data quality and the principle of proportionality. The road map will be as follows: to clarify the notion of data quality, to analyze the link between this principle and the value of transparency of public administrative activities and finally to introduce the dimension of the protection of personal data as a relative and not as an absolute right.

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Birnhack, Michael D. "The EU Data Protection Directive: An engine of a global regime." Computer Law & Security Review 24, no. 6 (January 2008): 508–20. http://dx.doi.org/10.1016/j.clsr.2008.09.001.

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Behrens, James. "No Secrets in the Church: The Implications of the Data Protection Act 1998." Ecclesiastical Law Journal 7, no. 32 (January 2003): 17–30. http://dx.doi.org/10.1017/s0956618x00004919.

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The Data Protection Act 1998 came into force on 1 March 2000. It replaced the Data Protection Act 1984, and implements the EU Data Protection Directive 95/46/EC. This paper examines its implications for the Church.

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Lowe, David. "The European Union’s Passenger Name Record Data Directive 2016/681: Is It Fit for Purpose?" International Criminal Law Review 16, no. 5 (October 12, 2016): 856–84. http://dx.doi.org/10.1163/15718123-01605005.

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In 2016 the eu introduced a Passenger Name Record data (pnr) Directive. In the eu there has been controversy over the acquisition and sharing of pnr data, related mainly to lack of safeguards and protection of personal data protection. This Article examines these issues related to earlier eu pnr agreements with third countries and why previous eu attempts to legislate in this area failed. By drawing a comparison with the 2011 pnr Directive proposal, the Article argues that by meeting the strict eu law on data protection as well as being necessary to assist in preventing and detecting acts of terrorism and serious crime it is submitted the 2016 Directive is fit for purpose and able to withstand scrutiny by the Court of Justice of the European Union.

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Lowe, David. "The European Union’s Passenger Name Record Data Directive 2016/681: Is it Fit for Purpose?" International Criminal Law Review 17, no. 1 (February 19, 2017): 78–106. http://dx.doi.org/10.1163/15718123-01701004.

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In 2016 the European Union (eu) introduced a Passenger Name Record Data (pnr) Directive. There has been controversy in the eu over the acquisition and sharing of pnr data, related mainly to the lack of safeguards and protection of personal data protection. This article examines these issues related to earlier eu pnr agreements with third countries and why previous eu attempts to legislate in this area failed. By drawing a comparison with the 2011 pnr Directive proposal, the article argues that by meeting the strict eu law on data protection as well as being necessary to assist in preventing and detecting acts of terrorism and serious crime it is submitted the 2016 Directive is fit for purpose and able to withstand scrutiny by the Court of Justice of the European Union.

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de Jong, A. J., B. van Loenen, and J. A. Zevenbergen. "GEOGRAPHIC DATA AS PERSONAL DATA IN FOUR EU MEMBER STATES." ISPRS Annals of Photogrammetry, Remote Sensing and Spatial Information Sciences III-2 (June 2, 2016): 151–57. http://dx.doi.org/10.5194/isprsannals-iii-2-151-2016.

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The EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data aims at harmonising data protection legislation in the European Union. This should promote the free flow of products and services within the EU. This research found a wide variety of interpretations of the application of data protection legislation to geographic data. The variety was found among the different EU Member States, the different stakeholders and the different types of geographic data. In the Netherlands, the Data Protection Authority (DPA) states that panoramic images of streets are considered personal data. While Dutch case law judges that the data protection legislation does not apply if certain features are blurred and no link to an address is provided. The topographic datasets studied in the case studies do not contain personal data, according to the Dutch DPA, while the German DPA and the Belgian DPA judge that topographic maps of a large scale can contain personal data, and impose conditions on the processing of topographic maps. The UK DPA does consider this data outside of the scope of legal definition of personal data. The patchwork of differences in data protection legislation can be harmonised by using a traffic light model. This model focuses on the context in which the processing of the data takes place and has four categories of data: (1) sensitive personal data, (2) personal data, (3), data that can possibly lead to identification, and (4) non-personal data. For some geographic data, for example factual data that does not reveal sensitive information about a person, can be categorised in the third category giving room to opening up data under the INSPIRE Directive.

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de Jong, A. J., B. van Loenen, and J. A. Zevenbergen. "GEOGRAPHIC DATA AS PERSONAL DATA IN FOUR EU MEMBER STATES." ISPRS Annals of Photogrammetry, Remote Sensing and Spatial Information Sciences III-2 (June 2, 2016): 151–57. http://dx.doi.org/10.5194/isprs-annals-iii-2-151-2016.

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The EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data aims at harmonising data protection legislation in the European Union. This should promote the free flow of products and services within the EU. This research found a wide variety of interpretations of the application of data protection legislation to geographic data. The variety was found among the different EU Member States, the different stakeholders and the different types of geographic data. In the Netherlands, the Data Protection Authority (DPA) states that panoramic images of streets are considered personal data. While Dutch case law judges that the data protection legislation does not apply if certain features are blurred and no link to an address is provided. The topographic datasets studied in the case studies do not contain personal data, according to the Dutch DPA, while the German DPA and the Belgian DPA judge that topographic maps of a large scale can contain personal data, and impose conditions on the processing of topographic maps. The UK DPA does consider this data outside of the scope of legal definition of personal data. The patchwork of differences in data protection legislation can be harmonised by using a traffic light model. This model focuses on the context in which the processing of the data takes place and has four categories of data: (1) sensitive personal data, (2) personal data, (3), data that can possibly lead to identification, and (4) non-personal data. For some geographic data, for example factual data that does not reveal sensitive information about a person, can be categorised in the third category giving room to opening up data under the INSPIRE Directive.

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Legeais, Dominique. "Integrated purchasing and banking data protection in the context of Directive (EU) 2015/2366: new payment service providers." Law, State and Telecommunications Review 11, no. 1 (May 20, 2019): 173–98. http://dx.doi.org/10.26512/lstr.v11i1.24856.

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Purpose – The article analyses the limits of protection of bank users´ data in France, framing them as personal data. Its legal analysis is made amidst a context of radical changes in the European and French personal data protection law as well in the banking regulation, which is being transformed by the new payment services regulation. Methodology/approach/design – The article brings an interlacement of some new legal sources from the European and French law to appraise the limits of banking data protection. It tests the application of some legal norms in order to evaluate the potential protection in two areas: the security of the banking data on a new environment of payment services (fintechs and other new firms); the possibility of protection against the unauthorized data commercial usage. Findings – The article concludes that the European and French banking and payment services law have not the desired level of protection against bad commercial practices in a context, which is marked by both the retailers and payment services integration as well the presence of the big techs. The data protection law must complement the banking and payment services regulation in order to provide the desired level of protection. Practical implications – The article demonstrates the possibility of testing new kinds of legal regulation – data protection – to archive social and economic security in a different sector, like baking and commerce. Originality/value – The article departs from a new concept of banking data, built from the meshing of the concepts of banking information and sensible personal data. From this conceptual frame, it can evaluate the level of protection granted by the European and French law in order to sketch a possible protective regime.

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Belova, Gabriela, and Gergana Georgieva. "A New Data Protection Development in The EU Judicial and Criminal Area." International conference KNOWLEDGE-BASED ORGANIZATION 23, no. 2 (June 25, 2017): 144–49. http://dx.doi.org/10.1515/kbo-2017-0103.

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Abstract The following article is dedicated to a new data protection regime in the European Union, in particular the Directive (EU) 2016/680 of the European Parliament and the Council on the protection of natural persons regarding processing of personal data by authorities aiming at prevention, investigation, detection and prosecution of crime offences, including execution of criminal penalties. For this purpose, the authors look first at the data protection within the Prüm framework as well as at the relevant provisions of Lisbon Treaty. Тhe important cases of the European Court of Human Rights are analyzed. Whereas in 2014 EU Member states focused on the question whether or not to retain data, the 2016 conclusion was that in some aspects data retention is the most efficient measure to ensure national security, public safety and fighting across serious crimes. The terrorist attacks in Paris and Brussels call to better equip security authorities. The EU legislature made significant progress on the Data Protection regime. The Directive (EU) 2016/680, the so called the ‘Police and Criminal Justice Directive’, repeals the Council Framework Decision 2008/977/JHA and will enter into force on 6 May 2018.

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Hudobnik, Matthias M. "Data protection and the law enforcement directive: a procrustean bed across Europe?" ERA Forum 21, no. 3 (December 2020): 485–500. http://dx.doi.org/10.1007/s12027-020-00645-3.

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Walczuch, Rita M., and Lizette Steeghs. "Implications of the new EU Directive on data protection for multinational corporations." Information Technology & People 14, no. 2 (June 2001): 142–62. http://dx.doi.org/10.1108/09593840110695730.

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de Hert, Paul, and Vagelis Papakonstantinou. "The New Police and Criminal Justice Data Protection Directive: A First Analysis." New Journal of European Criminal Law 7, no. 1 (March 2016): 7–19. http://dx.doi.org/10.1177/203228441600700102.

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Poullet, Yves. "EU data protection policy. The Directive 95/46/EC: Ten years after." Computer Law & Security Review 22, no. 3 (January 2006): 206–17. http://dx.doi.org/10.1016/j.clsr.2006.03.004.

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Ryngaert, Cedric, and Mistale Taylor. "The GDPR as Global Data Protection Regulation?" AJIL Unbound 114 (2020): 5–9. http://dx.doi.org/10.1017/aju.2019.80.

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The deterritorialization of the Internet and international communications technology has given rise to acute jurisdictional questions regarding who may regulate online activities. In the absence of a global regulator, states act unilaterally, applying their own laws to transborder activities. The EU's “extraterritorial” application of its data protection legislation—initially the Data Protection Directive (DPD) and, since 2018, the General Data Protection Regulation (GDPR)—is a case in point. The GDPR applies to “the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services . . . to such data subjects in the Union; or (b) the monitoring of their behaviour . . . within the Union.” It also conditions data transfers outside the EU on third states having adequate (meaning essentially equivalent) data protection standards. This essay outlines forms of extraterritoriality evident in EU data protection law, which could be legitimized by certain fundamental rights obligations. It then looks at how the EU balances data protection with third states’ countervailing interests. This approach can involve burdens not only for third states or corporations, but also for the EU political branches themselves. EU law viewed through the lens of public international law shows how local regulation is going global, despite its goal of protecting only EU data subjects.

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Barabashev, A. G., and D. V. Ponomareva. "PERSONAL DATA PROTECTION AND RESEARCH ACTIVITIES: EU LEGAL REGULATION EXPERIENCE." Actual Problems of Russian Law, no. 6 (July 18, 2019): 186–94. http://dx.doi.org/10.17803/1994-1471.2019.103.6.186-194.

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Legal regulation of the use of personal data is essential in ensuring the quality of scientific research. Regulation of the European Parliament and of the Council of the European Union No. 2016/679 of April 27, 2016 «On the protection of natural persons with regard to the processing of personal data and on the free movement of such data», repealing Directive 95/46/EC, aims to unify the standards governing the protection of human rights to privacy, certain conditions beyond. This novel, introduced by the Regulation in the EU legal framework, complements and updates the acquis communautaire achieved within the framework of Directive 95/46/EC on personal data protection. The Regulation establishes both general rules applicable to any type of personal data processing and special rules applicable to the analysis of certain categories of personal data, such as information obtained during clinical trials. This paper provides an overview of new standards (in force since May 2018) that regulate aspects of personal data processing in the context of research activities (personal health data, genetic, biometric information, etc.)

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Ellis, Sarah, and Charles Oppenheim. "Legal issues for information professionals, Part III: Data protection and the media—background to the Data Protection Act 1984 and the EC Draft Directive on Data Protection." Journal of Information Science 19, no. 2 (April 1993): 85–97. http://dx.doi.org/10.1177/016555159301900201.

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Krasniqi, Safet. "LEGAL PROTECTION OF PERSONAL DATA IN THE FUNCTION OF PROTECTION OF HUMAN RIGHTS AND FREEDOMS." International Journal of Research -GRANTHAALAYAH 8, no. 10 (November 2, 2020): 193–97. http://dx.doi.org/10.29121/granthaalayah.v8.i10.2020.1785.

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The era of globalization and digitalization have become a necessary process for the legal and legal regulation of human rights. This is taken into account by the fact that technological-technological advances have increased fears of human rights violations. This is especially noteworthy in communication tools, the internet and so on. With the intent, protection of personal data and privacy In the international sphere, the EU has made the coding of the protection of personal data through Directive no. 95/96 EC, which entered into force on 24 October 1995, then the ECHR, the European Commission proposal, January 2012, on the reform of the European Data Protection Regulations, which was formulated in the Regulation which came into force on 24 May, 2016 and the General Directive, which entered into force on May 5, 2016. However, according to surveys made with EU citizens, credibility for the protection of personal data from EU institutions and those of member states is below the minimum. The protection of privacy in Kosovo is being done through the legislation and the establishment of the State Agency for the Protection of Personal Data even though Kosovo does not have sufficient technical and material resources for the minimal protection of personal data and privacy in general. This topic addresses the issue of providing information, the confidentiality of the data subject and the security of proceedings and the supervisory authority. Also, the instructions contained in the regulations, the sanctioning of these rights under the penal code necessarily make the approval of the telecommunications law in Kosovo.

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Stoddart, Jennifer, Benny Chan, and Yann Joly. "The European Union's Adequacy Approach to Privacy and International Data Sharing in Health Research." Journal of Law, Medicine & Ethics 44, no. 1 (2016): 143–55. http://dx.doi.org/10.1177/1073110516644205.

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The European Union (EU) approach to data protection consists of assessing the adequacy of the data protection offered by the laws of a particular jurisdiction against a set of principles that includes purpose limitation, transparency, quality, proportionality, security, access, and rectification. The EU's Data Protection Directive sets conditions on the transfer of data to third countries by prohibiting Member States from transferring to such countries as have been deemed inadequate in terms of the data protection regimes. In theory, each jurisdiction is evaluated similarly and must be found fully compliant with the EU's data protection principles to be considered adequate. In practice, the inconsistency with which these evaluations are made presents a hurdle to international data-sharing and makes difficult the integration of different data-sharing approaches; in the 20 years since the Directive was first adopted, the laws of only five countries from outside of the EU, Economic Area, or the European Free Trade Agreement have been deemed adequate to engage in data transfers without the need for further administrative safeguards.

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Estadella-Yuste, Olga. "The Draft Directive of the European Community Regarding the Protection of Personal Data." International and Comparative Law Quarterly 41, no. 1 (January 1992): 170–79. http://dx.doi.org/10.1093/iclqaj/41.1.170.

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Walker, John. "Editorial: Government Statistical Service Views on the European Community Draft Data Protection Directive." Journal of the Royal Statistical Society: Series A (Statistics in Society) 156, no. 3 (May 1993): 335–38. http://dx.doi.org/10.1111/j.1467-985x.1993.tb00508.x.

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Casagran, Cristina Blasi. "The Future eu pnr System: Will Passenger Data be Protected?" European Journal of Crime, Criminal Law and Criminal Justice 23, no. 3 (July 22, 2015): 241–57. http://dx.doi.org/10.1163/15718174-23032070.

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After the terrorist attacks occurred in Paris and Copenhagen in the beginning of 2015, numerous Member States announced their plans to establish several new counter-terrorism measures, among which they would create national databases that would store information on travellers flying to their countries. This article examines the negative consequences that could result from the establishment of a fragmented scheme for the processing of passenger name records (pnr) in the eu. The proposed eu pnr Directive is also an object of this study. It assesses the past and current claims from the ep for the inclusion of adequate data protection safeguards in the proposal. It also compares the proposed directive with the current eu-us pnr Agreement and the existing national pnr regimes. This paper demonstrates that a multiplicity of pnr systems in the eu would clearly jeopardise the efficiency of such programmes. Moreover, a divided framework would offer low data protection standards for passengers. Therefore, this article is in favour of the adoption of an eu pnr Directive, as the only way to ensure consistency and adequacy for the processing of passenger data within the eu.

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Van Eechoud, Mireille. "Making Access to Government Data Work." Masaryk University Journal of Law and Technology 9, no. 2 (September 30, 2015): 61–83. http://dx.doi.org/10.5817/mujlt2015-2-4.

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The EU Directive on Re-use of Public Sector Information of 2013 (the PSI Directive) is a key instrument for open data policies at all levels of government in Member States. It sets out a general framework for the conditions governing the right to re-use information resources held by public sector bodies. It includes provisions on non-discrimination, transparent licensing and the like. However, what the PSI Directive does not do is give businesses, civil society or citizens an actual claim to access. Access is of course a prerequisite to (re)use. It is largely a matter for individual Member States to regulate what information is in the public record. This article explores what the options for the EC are to promote alignment of rights to information and re-use policy. It also flags a number of important data protection problems that have not been given serious enough consideration, but have the potential to paralyze open data policies.

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De Hert, Paul, and Vagelis Papakonstantinou. "The proposed data protection Regulation replacing Directive 95/46/EC: A sound system for the protection of individuals." Computer Law & Security Review 28, no. 2 (April 2012): 130–42. http://dx.doi.org/10.1016/j.clsr.2012.01.011.

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Journal articles on the topic 'Data Protection Directive'

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