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Privacy as Virtue discusses whether a rights-based approach to
privacy regulation still suffices to address the challenges
triggered by new data processing techniques such as Big Data and
mass surveillance. A rights-based approach generally grants
subjective rights to individuals to protect their personal
interests. However, large-scale data processing techniques often
transcend the individual and their interests. Virtue ethics is used
to reflect on this problem and open up new ways of thinking. A
virtuous agent not only respects the rights and interests of
others, but also has a broader duty to act in the most careful,
just and temperate way. This applies to citizens, to companies such
as Apple, Google and Facebook and to governmental organizations
that are involved with large scale data processing alike. The
author develops a three-layered model for privacy regulation in the
Big Data era. The first layer consists of minimum obligations that
are independent of individual interests and rights. Virtuous agents
have to respect the procedural pre-conditions for the exercise of
power. The second layer echoes the current paradigm, the respect
for individual rights and interests. While the third layer is the
obligation of aspiration: a virtuous agent designs the data process
in such a way that human flourishing, equality and individual
freedom are promoted.
The goal of the book is to present the latest research on the new
challenges of data technologies. It will offer an overview of the
social, ethical and legal problems posed by group profiling, big
data and predictive analysis and of the different approaches and
methods that can be used to address them. In doing so, it will help
the reader to gain a better grasp of the ethical and legal
conundrums posed by group profiling. The volume first maps the
current and emerging uses of new data technologies and clarifies
the promises and dangers of group profiling in real life
situations. It then balances this with an analysis of how far the
current legal paradigm grants group rights to privacy and data
protection, and discusses possible routes to addressing these
problems. Finally, an afterword gathers the conclusions reached by
the different authors and discuss future perspectives on regulating
new data technologies.
This book addresses the tension between, on the one hand,
anti-doping practices and measures and, on the other hand, the
fundamental rights of athletes. New techniques for testing and
re-testing samples taken several years ago, have caused a push by
the World Anti-Doping Agency and affiliated organizations for
stricter rules, more doping tests and higher sanctions. Meanwhile,
many States are adopting new laws and regulations to facilitate
this push. At the same time, privacy and data protection have
gained new momentum, especially in the European Union, where the
General Data Protection Regulation came into effect in May 2018. It
contains new obligations for data controllers and processors,
rights for data subjects and sanctions for those violating the data
protection rules. It is clear that gathering whereabouts
information on athletes, collecting urine and blood samples,
analyzing the samples and using the data distilled there from falls
within the scope of the data protection framework. In addition,
European athletes can invoke their rights to privacy, fair trial
and freedom from discrimination as guaranteed by the European
Convention on Human Rights. The book is aimed at professionals and
organizations involved in sports and anti-doping and provides them
with an opportunity to delve into and understand the rights
guaranteed to athletes within the European context. Furthermore, it
is equally relevant for privacy and data protection lawyers and
human rights scholars wishing to familiarize themselves with the
difficult questions relating to human rights protection in the
world of sport and anti-doping. Written in accessible language, it
should also prove useful to athletes and laymen wanting to learn
about the rules applicable to almost everyone who practices sport,
even at a local amateur level. Bart van der Sloot is senior
researcher at Tilburg University, Tilburg, The Netherlands, Mara
Paun is PhD researcher at Tilburg University, Tilburg, The
Netherlands, Ronald Leenes is professor at Tilburg University,
Tilburg, The Netherlands.
This book addresses the tension between, on the one hand,
anti-doping practices and measures and, on the other hand, the
fundamental rights of athletes. New techniques for testing and
re-testing samples taken several years ago, have caused a push by
the World Anti-Doping Agency and affiliated organizations for
stricter rules, more doping tests and higher sanctions. Meanwhile,
many States are adopting new laws and regulations to facilitate
this push. At the same time, privacy and data protection have
gained new momentum, especially in the European Union, where the
General Data Protection Regulation came into effect in May 2018. It
contains new obligations for data controllers and processors,
rights for data subjects and sanctions for those violating the data
protection rules. It is clear that gathering whereabouts
information on athletes, collecting urine and blood samples,
analyzing the samples and using the data distilled there from falls
within the scope of the data protection framework. In addition,
European athletes can invoke their rights to privacy, fair trial
and freedom from discrimination as guaranteed by the European
Convention on Human Rights. The book is aimed at professionals and
organizations involved in sports and anti-doping and provides them
with an opportunity to delve into and understand the rights
guaranteed to athletes within the European context. Furthermore, it
is equally relevant for privacy and data protection lawyers and
human rights scholars wishing to familiarize themselves with the
difficult questions relating to human rights protection in the
world of sport and anti-doping. Written in accessible language, it
should also prove useful to athletes and laymen wanting to learn
about the rules applicable to almost everyone who practices sport,
even at a local amateur level. Bart van der Sloot is senior
researcher at Tilburg University, Tilburg, The Netherlands, Mara
Paun is PhD researcher at Tilburg University, Tilburg, The
Netherlands, Ronald Leenes is professor at Tilburg University,
Tilburg, The Netherlands.
The goal of the book is to present the latest research on the new
challenges of data technologies. It will offer an overview of the
social, ethical and legal problems posed by group profiling, big
data and predictive analysis and of the different approaches and
methods that can be used to address them. In doing so, it will help
the reader to gain a better grasp of the ethical and legal
conundrums posed by group profiling. The volume first maps the
current and emerging uses of new data technologies and clarifies
the promises and dangers of group profiling in real life
situations. It then balances this with an analysis of how far the
current legal paradigm grants group rights to privacy and data
protection, and discusses possible routes to addressing these
problems. Finally, an afterword gathers the conclusions reached by
the different authors and discuss future perspectives on regulating
new data technologies.
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