Global Privacy Law Review最新文献_第4页

Digital Humanism: The Constitutional Message of the GDPR 数字人文主义:GDPR的宪法信息

Global Privacy Law Review Pub Date : 2022-02-01 DOI: 10.54648/gplr2022002

Edoardo Celeste, G. De Gregorio

引用次数: 0

The Right to Be Forgotten in the European Union: Towards a Uniform Approach? 在欧盟被遗忘的权利:走向统一的方法?

Global Privacy Law Review Pub Date : 2022-02-01 DOI: 10.54648/gplr2022003

B. Zelger

{"title":"The Right to Be Forgotten in the European Union: Towards a Uniform Approach?","authors":"B. Zelger","doi":"10.54648/gplr2022003","DOIUrl":"https://doi.org/10.54648/gplr2022003","url":null,"abstract":"This article aims to shed light on the application of the ‘right to be forgotten’ in the case law of the Court of Justice of the European Union (CJEU or Court) as well as the German Highest Courts, that is, the German Federal Constitutional Court (Bundesverfassungsgericht) and the German Federal Court of Justice (Bundesgerichtshof) from a fundamental rights perspective, thereby also considering the principles established by the European Court of Human Rights (ECtHR). While the CJEU in its decision in Google Spain (Case C-131/12) established a rebuttable presumption of supremacy in favour of the right to privacy, the German Highest Courts have ever since acknowledged the equal weight of fundamental rights in order to ensure a fair balancing of the latter against each other. However, considering the CJEU’s decision in GC and Others (Case C-136/17), the Court has arguably shifted its approach, thereby getting closer to an actual fair balancing of fundamental rights. It will be argued that such change in paradigm arguably provides for an approximation of the latter approaches in favour of the approach of the German Highest Courts. Such development is welcome, not only because it is in line with the principles established by the ECtHR and thus provides for a uniform standard of protection of fundamental rights within the EU, but also because of the existing lack of a hierarchy of the respective fundamental rights concerned which, as a consequence and matter of principle, obstructs the presumption of supremacy of one over the other.\u0000artificial intelligence, GDPR, digital humanism, rule of law, human dignity, constitutionalism","PeriodicalId":127582,"journal":{"name":"Global Privacy Law Review","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121719852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Cross-Border Data Flows: An Evolving Multi-Layered Regulatory Approach Required! 跨境数据流:需要一种不断发展的多层次监管方法!

Global Privacy Law Review Pub Date : 2022-02-01 DOI: 10.54648/gplr2022004

Robert Walters

{"title":"Cross-Border Data Flows: An Evolving Multi-Layered Regulatory Approach Required!","authors":"Robert Walters","doi":"10.54648/gplr2022004","DOIUrl":"https://doi.org/10.54648/gplr2022004","url":null,"abstract":"This article will discuss the increasing importance of the multi-layered approach that personal data is taking in transnational cross-border data flows. It examines the role personal data plays in the evolving digital economy. The article will address a further accentuating question as to how far, if at all, the cross-border data flows are being considered in the area of national security. Throughout the outbreak of coronavirus, technology has been used by nation states to trace and collect health data of its citizens, in the interest of the broader national interest/security of individual states. Some states in developing the technology to track and trace their citizens went one step further and established bilateral agreements to share some of the data, such as Australia and Singapore. What emerged, was the evolving complex layers regulating while enabling data flows. The dichotomy facing governments and regulators is to allow for the free flow of personal data, while ensuring data subjects do not relinquish their privacy. To achieve this, I propose a Theory Of Action (TOA). Such an approach is widely accepted in other industry sectors where governments regulated a minimum standard, such as primary, human health and food production.\u0000Cross-Border Data Flows, Data Transfers, Digital Economy, National Security, Trade in Data","PeriodicalId":127582,"journal":{"name":"Global Privacy Law Review","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132563916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Reconciling Competing Data Security Standards Applicable to Data Held by Retail Banks Operating in California in Light of Van Buren and TransUnion 根据Van Buren和TransUnion，协调适用于在加州经营的零售银行持有的数据的竞争性数据安全标准

Global Privacy Law Review Pub Date : 2021-10-01 DOI: 10.54648/gplr2021023

Michael R. Sneberger

引用次数: 0

Do Social Media Platforms Always Use Personal Data Lawfully? 社交媒体平台是否总是合法使用个人数据?

Global Privacy Law Review Pub Date : 2021-10-01 DOI: 10.54648/gplr2021026

Jason Flint

引用次数: 0

Global Perspectives on Privacy 私隐的全球视角

Global Privacy Law Review Pub Date : 2021-10-01 DOI: 10.54648/gplr2021022

Ceyhun Necati Pehlivan

引用次数: 0

How (Not) to Regulate Data Processing: Assessing Nigeria’s Data Protection Regulation 2019 (NDPR) 如何(不)规范数据处理:评估尼日利亚2019年数据保护条例(NDPR)

Global Privacy Law Review Pub Date : 2021-10-01 DOI: 10.54648/gplr2021024

Adekemi Omotubora

{"title":"How (Not) to Regulate Data Processing: Assessing Nigeria’s Data Protection Regulation 2019 (NDPR)","authors":"Adekemi Omotubora","doi":"10.54648/gplr2021024","DOIUrl":"https://doi.org/10.54648/gplr2021024","url":null,"abstract":"Data protection has become a key policy issue in Nigeria and for many years, law and policymakers have proposed to regulate data processing without success. The Nigeria Data Protection Regulation (NDPR) was issued by the National Information Technology Development Agency (the NITDA) in 2019 ostensibly to fill this regulatory void. While the NDPR has generated more awareness of data protection among stakeholders, this article argues that it is unlikely to change the regulatory landscape for data protection in Nigeria. This is firstly because the NDPR misapprehends key concepts and principles of data protection, thus creating interpretative and compliance problems, and secondly, because its enforcement mechanisms are deficient when measured against best practices in the regulation of data processing. The article demonstrates that in spite of the fact that the NDPR models the EU General Data Protection Regulation (GDPR) and emulates most of its aspects, it has significant limitations in terms of effectiveness and enforcement. It proposes that in order for Nigeria to truly join the global data protection regime, a new data protection law must not only address the challenges identified in the NDPR but must also incorporate emerging best practices in data protection.\u0000Nigeria, NDPR, GDPR, Data Protection, Data Processing","PeriodicalId":127582,"journal":{"name":"Global Privacy Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129005085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Data Protection in Mexico: One Right, Two Systems, Different Protections and Uncontrolled Data Breaches 墨西哥的数据保护:一种权利，两种制度，不同的保护和不受控制的数据泄露

Global Privacy Law Review Pub Date : 2021-06-01 DOI: 10.54648/gplr2021019

Héctor E. Guzmán-Rodríguez

引用次数: 0

Mexico (Non-)Adequacy to European Standards on Personal Data Protection in the Context of Employment 墨西哥(不)符合欧洲就业环境中个人资料保护标准

Global Privacy Law Review Pub Date : 2021-06-01 DOI: 10.54648/gplr2021018

M. Ramírez

引用次数: 0

Dark Patterns, Privacy and the LGPD 黑暗模式，隐私和LGPD

Global Privacy Law Review Pub Date : 2021-06-01 DOI: 10.54648/gplr2021016

Luiza Jarovsky

{"title":"Dark Patterns, Privacy and the LGPD","authors":"Luiza Jarovsky","doi":"10.54648/gplr2021016","DOIUrl":"https://doi.org/10.54648/gplr2021016","url":null,"abstract":"This article deals with the topic of dark patterns in personal data collection (DPPDC), arguing that they are still under the radar of lawmakers and privacy advocates, and that data protection laws such as the Brazilian Lei Geral de Proteção de Dados (LGPD) do not offer enough protection against it. The article presents the general concept of dark patterns, followed by a legal analysis of DPPDC, highlighting that their prevalence is made possible by the outdated decision making model tacitly endorsed by data protection laws. To illustrate this argument, I examine the recently enacted LGPD, which emphasizes data subjects’ autonomy without offering additional protection against malicious actors’ commonly used techniques. Turning to the legal text, I inquire whether DPPDC can be deemed legal or not given the LGPD’s current provisions regarding lawfulness of data processing. Lastly, after identifying the legal gaps that enable DPPDC to flourish, I argue that data protection law needs a paradigm change, so that data subjects can be guaranteed a fair decision making process and adequate levels of protection of their privacy.\u0000Dark Patterns, Data Protection, Brazil, Lei Geral de Proteção de Dados (LGPD), General Data Protection Regulation (GDPR), Fairness, Privacy","PeriodicalId":127582,"journal":{"name":"Global Privacy Law Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133226402","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0