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The Right to Protection of Personal Data. Incapable of Autonomous Standing in the Basic EU Constituting Documents 保障个人资料的权利。在欧盟基本构成文件中缺乏自主地位
IF 0.6
Utrecht Journal of International and European Law Pub Date : 2015-02-27 DOI: 10.5334/UJIEL.CZ
P. Hert
{"title":"The Right to Protection of Personal Data. Incapable of Autonomous Standing in the Basic EU Constituting Documents","authors":"P. Hert","doi":"10.5334/UJIEL.CZ","DOIUrl":"https://doi.org/10.5334/UJIEL.CZ","url":null,"abstract":"Over the past few years an overhaul of the European data protection edifice has been under way. Practically all basic data protection regulating documents in effect until today have either already been replaced or are in the process of being thoroughly amended. This is probably a development that was long overdue, given that all of them have an age of several decades while none of them has been released taking the internet into account. The OECD is the first international organisation that issued any data protection regulations at all: it did so in 1980, and its Guidelines remained unchanged until 2013, when their amendment process was completed. The Council of Europe released its own data protection regulations, formulated in Convention 108, only a few weeks after the OECD; they too remained in effect unchanged over the decades that passed, admittedly complemented by rich secondary legislation, and are now in the process of being amended. However, most of the data protection work undoubtedly takes place within the EU which chose to dominate the international field since it became involved in it, through the EU Data Protection Directive in 1994. The Directive set the EU and international, through its “adequacy” criterion, data protection standard. However, it remained hopelessly outdated, because it was released before the advent of the Internet (although the Court of Justice through its recent Google Spain case showed that there is still some life left in it). The European Commission seized the opportunity presented by the Treaty of Lisbon, and its Article 16 TFEU, and took upon itself the herculean task of reconstructing the whole EU data protection edifice, both from an architectural and from a substantive law point of view","PeriodicalId":30606,"journal":{"name":"Utrecht Journal of International and European Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2015-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70727049","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: 4
Privacy as Personality Right: Why the ECtHR's Focus on Ulterior Interests Might Prove Indispensable in the Age of 'Big Data' 作为人格权的隐私权:为什么欧洲人权法院对潜在利益的关注在“大数据”时代可能是不可或缺的
IF 0.6
Utrecht Journal of International and European Law Pub Date : 2015-02-27 DOI: 10.5334/UJIEL.CP
B. Sloot
{"title":"Privacy as Personality Right: Why the ECtHR's Focus on Ulterior Interests Might Prove Indispensable in the Age of 'Big Data'","authors":"B. Sloot","doi":"10.5334/UJIEL.CP","DOIUrl":"https://doi.org/10.5334/UJIEL.CP","url":null,"abstract":"Article 8 ECHR was adopted as a classic negative right, which provides the citizen protection from unlawful and arbitrary interference by the state with his private and family life, home and communication. The ECtHR, however, has gradually broadened its scope so that the right to privacy encroaches upon other provisions embodied in the Convention, includes rights and freedoms explicitly left out of the ECHR by the drafters of the Convention and functions as the main pillar on which the Court has built its practice of opening up the Convention for new rights and freedoms. Consequently, Article 8 ECHR has been transformed from a classic privacy right to a personality right, providing protection to the personal development of individuals. Apart from its theoretical significance, this shift might prove indispensable in the age of Big Data, as personality rights protect a different type of interest, which is far more easy to substantiate in the new technological paradigm than those associated with the right to privacy.","PeriodicalId":30606,"journal":{"name":"Utrecht Journal of International and European Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2015-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70726201","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: 18
Big Data and Consumer Participation in Privacy Contracts: Deciding who Decides on Privacy 大数据与隐私合同中的消费者参与:决定谁来决定隐私
IF 0.6
Utrecht Journal of International and European Law Pub Date : 2015-02-27 DOI: 10.5334/UJIEL.CU
Michiel Rhoen
{"title":"Big Data and Consumer Participation in Privacy Contracts: Deciding who Decides on Privacy","authors":"Michiel Rhoen","doi":"10.5334/UJIEL.CU","DOIUrl":"https://doi.org/10.5334/UJIEL.CU","url":null,"abstract":"Big data puts data protection to the test. Consumers granting permission to process their personal data are increasingly opening up their personal lives, thanks to the “datafication” of everyday life, indefinite data retention and the increasing sophistication of algorithms for analysis. The privacy implications of big data call for serious consideration of consumers’ opportunities to participate in decision-making processes about their contracts. If these opportunities are insufficient, the resulting rules may represent special interests rather than consumers’ needs. This may undermine the legitimacy of big data applications. This article argues that providing sufficient consumer participation in privacy matters requires choosing the best available decision making mechanism. Is a consumer to negotiate his own privacy terms in the market, will lawmakers step in on his behalf, or is he to seek protection through courts? Furthermore is this a matter of national law or European law? These choices will affect the opportunities for achieving different policy goals associated with the possible benefits of the “big data revolution”.","PeriodicalId":30606,"journal":{"name":"Utrecht Journal of International and European Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2015-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70726686","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: 4
The War Against Terror and Transatlantic Information Sharing: Spillovers of Privacy or Spillovers of Security? 反恐战争与跨大西洋信息共享:隐私溢出效应还是安全溢出效应?
IF 0.6
Utrecht Journal of International and European Law Pub Date : 2015-02-27 DOI: 10.5334/UJIEL.CQ
M. Tzanou
{"title":"The War Against Terror and Transatlantic Information Sharing: Spillovers of Privacy or Spillovers of Security?","authors":"M. Tzanou","doi":"10.5334/UJIEL.CQ","DOIUrl":"https://doi.org/10.5334/UJIEL.CQ","url":null,"abstract":"The EU-US Passenger Name Record (PNR) agreement has been among the most controversial instruments in the fight against terrorism that the EU negotiated with the US after the 9/11 terrorist attacks. The agreement has been heavily criticised for its implications regarding fundamental rights, in particular the rights to privacy and data protection. Nevertheless, the EU has put forward plans to develop its own PNR programme. The present article aims to examine the new dynamics concerning privacy that arise from the transatlantic fight against terrorism. It argues that, while attempts for the development of a transatlantic privacy protection framework have been made, ‘spillovers’ of security, taking the form of internalisation of external counter-terrorism measures, are prevalent in the era of the war against terror.","PeriodicalId":30606,"journal":{"name":"Utrecht Journal of International and European Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2015-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70726382","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: 13
Privacy and Data Protection in the European Parliament: An Interview with Sophie in ‘t Veld 欧洲议会中的隐私与数据保护:访苏菲·伊特·维尔德
IF 0.6
Utrecht Journal of International and European Law Pub Date : 2015-02-27 DOI: 10.5334/UJIEL.CX
Mistale Taylor
{"title":"Privacy and Data Protection in the European Parliament: An Interview with Sophie in ‘t Veld","authors":"Mistale Taylor","doi":"10.5334/UJIEL.CX","DOIUrl":"https://doi.org/10.5334/UJIEL.CX","url":null,"abstract":"Sophie in ‘t Veld, of the Dutch social liberal party Democrats 66, is a Member of the European Parliament (hereafter: MEP). She is Vice President of the Alliance of Liberals and Democrats for Europe. In ‘t Veld has a specific interest in issues of privacy and data protection. As such, she is a member of, inter alia , the European Parliament’s LIBE Committee on Civil Liberties, Justice and Home Affairs, whose tasks include reviewing the EU’s proposed data protection reform package. She is also Chair of the European Parliament’s Privacy Platform. In the interview below, conducted on 7th November, 2014, In ‘t Veld elaborates on how the EU protects, or aims to protect, its citizens’ rights to privacy and data protection.","PeriodicalId":30606,"journal":{"name":"Utrecht Journal of International and European Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2015-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70726918","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: 1
The Right to Privacy under Fire – Foreign Surveillance under the NSA and the GCHQ and Its Compatibility with Art. 17 ICCPR and Art. 8 ECHR 受到攻击的隐私权-美国国家安全局和GCHQ的外国监视及其与《公民权利和政治权利国际公约》第17条和《欧洲人权公约》第8条的兼容性
IF 0.6
Utrecht Journal of International and European Law Pub Date : 2015-02-27 DOI: 10.5334/UJIEL.CR
Ilina Georgieva
{"title":"The Right to Privacy under Fire – Foreign Surveillance under the NSA and the GCHQ and Its Compatibility with Art. 17 ICCPR and Art. 8 ECHR","authors":"Ilina Georgieva","doi":"10.5334/UJIEL.CR","DOIUrl":"https://doi.org/10.5334/UJIEL.CR","url":null,"abstract":"The recent exposure of the NSA documents has raised a great deal of concerns with regards to the effective control of companies that cooperate with intelligence agencies. It also exposed a network of secret government spying partnerships used to go around existing domestic guarantees and to spy on one’s own citizens through the back door. The dread that both legal and technological means designed with legitimate purposes such as counter-terrorism and crime prevention are also employed for total social control is now out there. In many aspects it looks like we are experiencing the end of privacy and opting for a ‘surveillance society’ instead. In the clutter of pressing issues, most of the recent scholarly attention has focused on the assessment and reform proposals of the existing, but as it turns out inadequate with respect to actual rights protection, domestic legal frameworks. This has left the obligations of the intruders under international human rights law unconsidered. Therefore, the present paper aims at evaluating the legality of such surveillance programs under the International Covenant on Civil and Political Rights and the European Convention on Human Rights.","PeriodicalId":30606,"journal":{"name":"Utrecht Journal of International and European Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2015-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70727110","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: 15
“Safeguarding the Right to Data Protection in the EU”, 30th and 31st October 2014, Paris, France 《在欧盟维护数据保护权利》，2014年10月30日和31日，法国巴黎
IF 0.6
Utrecht Journal of International and European Law Pub Date : 2015-02-27 DOI: 10.5334/UJIEL.CW
Mistale Taylor
{"title":"“Safeguarding the Right to Data Protection in the EU”, 30th and 31st October 2014, Paris, France","authors":"Mistale Taylor","doi":"10.5334/UJIEL.CW","DOIUrl":"https://doi.org/10.5334/UJIEL.CW","url":null,"abstract":"This contribution is based on presentations and discussions at the conference “Safeguarding the Right to Data Protection”, held in Paris on the 30th and 31st October, 2014. Vladimir Marinescu, of the Academy of European Law (hereafter: ERA), in cooperation with the Cour de Cassation , organised the event. The conference looked at developments in EU data protection law with a focus on data protection as a fundamental right. Speakers discussed recent jurisprudence from the Court of Justice of the European Union (hereafter: CJEU or the Court), the European Court of Human Rights (hereafter: ECtHR) and national courts. The conference covered four main focus areas: EU data protection law; civil and criminal law aspects of data protection and the internet; data protection as a cornerstone of European fundamental rights protection; and data protection remedies. This contribution elaborates upon some of the most pertinent issues speakers discussed.","PeriodicalId":30606,"journal":{"name":"Utrecht Journal of International and European Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2015-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70726863","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: 3
Review of Privacy vs Security 检讨私隐与安全
IF 0.6
Utrecht Journal of International and European Law Pub Date : 2015-02-27 DOI: 10.5334/UJIEL.CY
A. Nieuwenhuis
{"title":"Review of Privacy vs Security","authors":"A. Nieuwenhuis","doi":"10.5334/UJIEL.CY","DOIUrl":"https://doi.org/10.5334/UJIEL.CY","url":null,"abstract":"Privacy vs Security , Sophie Stalla-Bourdillon, Joshua Philips and Mark D. Ryan, Springer, Springer Briefs in Cybersecurity, pp. 1–115, Softcover: €52.99, 2014, ISBN: 9781447165293","PeriodicalId":30606,"journal":{"name":"Utrecht Journal of International and European Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2015-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70727007","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
Israel’s Associated Regime: Exceptionalism, Human Rights and Alternative Legality 以色列相关政权:例外论、人权与替代性合法性
IF 0.6
Utrecht Journal of International and European Law Pub Date : 2014-08-19 DOI: 10.5334/UJIEL.CM
Federica D’Alessandra
{"title":"Israel’s Associated Regime: Exceptionalism, Human Rights and Alternative Legality","authors":"Federica D’Alessandra","doi":"10.5334/UJIEL.CM","DOIUrl":"https://doi.org/10.5334/UJIEL.CM","url":null,"abstract":"In the context of Israel’s declared permanent state of exception, this article focuses on the legal protection awarded to the Palestinian populations under Israeli control. To broaden the discussion over Palestinian people’s rights, which generally focuses on the confiscation of land and the right to return, the author consciously focuses on anti-terrorism and security measures, which contribute to the creation of what the International Court of Justice has defined as an ‘associated regime’ of occupation. The article is divided into three parts. In the first part, the author discusses Israel’s domestic obligations towards Palestinians (arguing the case of both Palestinian citizens of Israel, and Palestinian residents) and their de jure and de facto discrimination. The second part discusses the applicability of humanitarian law, specifically the applicability of the Fourth Geneva Convention. This section discusses the applicability of the Convention to both territories and people under Israeli control. The third part discusses the applicability of international human rights law to all territories under Israeli control and delves into the issue of the mutual relationship between the two international legal regimes in the territories under occupation. The article posits that Israel’s rationale for the non-applicability of such legislation to the Palestinian territories and populations it controls constitutes a form of ‘alternative legality’. The article concludes that Israel’s disproportionate application of security practices and anti-terrorism measures to the Palestinian segment of its population violates Palestinian rights protected under Israel’s domestic and international legal obligations.","PeriodicalId":30606,"journal":{"name":"Utrecht Journal of International and European Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2014-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70726463","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: 2
A Practitioner's Perspective on the Kenya I and Kenya II Cases Before the ICC 从从业者的角度看国际刑事法院审理的肯尼亚一案和肯尼亚二案
IF 0.6
Utrecht Journal of International and European Law Pub Date : 2014-08-19 DOI: 10.5334/UJIEL.CO
B. M. Leyh
{"title":"A Practitioner's Perspective on the Kenya I and Kenya II Cases Before the ICC","authors":"B. M. Leyh","doi":"10.5334/UJIEL.CO","DOIUrl":"https://doi.org/10.5334/UJIEL.CO","url":null,"abstract":"On 10 September 2013 the International Criminal Court (ICC) began hearing a case against William Ruto, Deputy President of the Republic of Kenya, and Joshua Sang. The related case against the President of Kenya, Uhuru Muigai Kenyatta, was scheduled to begin in November 2013 but has since been postponed until October 2014. Both cases are noteworthy since they are the first against sitting politicians. Unsurprisingly, they have not been without controversy.  These trials are challenging for the Court, not least because the Kenyan government recently passed a resolution withdrawing from the ICC and repealing its domestic legislation criminalizing international crimes, arguing that Kenya needed to restore it sovereignty and resist neo-colonialism. Although this withdrawal does not affect the current cases before the Court, it certainly makes cooperation with Kenya for the purpose of further investigations more difficult.  Karim A.A. Khan, QC, formerly the defense counsel of Muthaura and currently the lead defense counsel of Ruto, raised these issues in an interview taking place one week before his opening statements in the Kenya I case. These same issues and concerns were also raised with Adesola Adeboyejo a lead prosecutor in the Kenya II case in December 2013.","PeriodicalId":30606,"journal":{"name":"Utrecht Journal of International and European Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2014-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70726584","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
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