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In the age of technological advancement, including the emergence of
artificial intelligence, big data, and the internet of things, the
need for privacy and protection has risen massively. This
phenomenon has led to the enforcement of two major legal directives
in the European Union (EU) that aim to provide vigorous protection
of personal data. There is a need for research on the repercussions
and developments that have materialized with these recent
regulations and how the rest of the world has been affected.
Personal Data Protection and Legal Developments in the European
Union is an essential reference source that critically discusses
different aspects of the GDPR and the Law Enforcement Directive as
well as recent jurisprudential developments concerning data privacy
in the EU and its member states. It also addresses relevant recent
case law of the Court of Justice of the EU, the European Court of
Human Rights, and national courts. Featuring research on topics
such as public transparency, medical research data, and automated
decision making, this book is ideally designed for law
practitioners, data scientists, policymakers, IT professionals,
politicians, researchers, analysts, academicians, and students
working in the areas of privacy, data protection, big data,
information technology, and human rights law.
The growth of data-collecting goods and services, such as ehealth
and mhealth apps, smart watches, mobile fitness and dieting apps,
electronic skin and ingestible tech, combined with recent
technological developments such as increased capacity of data
storage, artificial intelligence and smart algorithms, has spawned
a big data revolution that has reshaped how we understand and
approach health data. Recently the COVID-19 pandemic has
foregrounded a variety of data privacy issues. The collection,
storage, sharing and analysis of health- related data raises major
legal and ethical questions relating to privacy, data protection,
profiling, discrimination, surveillance, personal autonomy and
dignity. This book examines health privacy questions in light of
the General Data Protection Regulation (GDPR) and the general data
privacy legal framework of the European Union (EU). The GDPR is a
complex and evolving body of law that aims to deal with several
technological and societal health data privacy problems, while
safeguarding public health interests and addressing its internal
gaps and uncertainties. The book answers a diverse range of
questions including: What role can the GDPR play in regulating
health surveillance and big (health) data analytics? Can it catch
up with internet-age developments? Are the solutions to the
challenges posed by big health data to be found in the law? Does
the GDPR provide adequate tools and mechanisms to ensure public
health objectives and the effective protection of privacy? How does
the GDPR deal with data that concern children's health and academic
research? By analysing a number of diverse questions concerning big
health data under the GDPR from various perspectives, this book
will appeal to those interested in privacy, data protection, big
data, health sciences, information technology, the GDPR, EU and
human rights law.
The growth of data-collecting goods and services, such as ehealth
and mhealth apps, smart watches, mobile fitness and dieting apps,
electronic skin and ingestible tech, combined with recent
technological developments such as increased capacity of data
storage, artificial intelligence and smart algorithms, has spawned
a big data revolution that has reshaped how we understand and
approach health data. Recently the COVID-19 pandemic has
foregrounded a variety of data privacy issues. The collection,
storage, sharing and analysis of health- related data raises major
legal and ethical questions relating to privacy, data protection,
profiling, discrimination, surveillance, personal autonomy and
dignity. This book examines health privacy questions in light of
the General Data Protection Regulation (GDPR) and the general data
privacy legal framework of the European Union (EU). The GDPR is a
complex and evolving body of law that aims to deal with several
technological and societal health data privacy problems, while
safeguarding public health interests and addressing its internal
gaps and uncertainties. The book answers a diverse range of
questions including: What role can the GDPR play in regulating
health surveillance and big (health) data analytics? Can it catch
up with internet-age developments? Are the solutions to the
challenges posed by big health data to be found in the law? Does
the GDPR provide adequate tools and mechanisms to ensure public
health objectives and the effective protection of privacy? How does
the GDPR deal with data that concern children's health and academic
research? By analysing a number of diverse questions concerning big
health data under the GDPR from various perspectives, this book
will appeal to those interested in privacy, data protection, big
data, health sciences, information technology, the GDPR, EU and
human rights law.
Since the entry into force of the Lisbon Treaty, data protection
has been elevated to the status of a fundamental right in the
European Union and is now enshrined in the EU Charter of
Fundamental Rights alongside the right to privacy. This timely book
investigates the normative significance of data protection as a
fundamental right in the EU. The first part of the book examines
the scope, the content and the capabilities of data protection as a
fundamental right to resolve problems and to provide for an
effective protection. It discusses the current approaches to this
right in the legal scholarship and the case-law and identifies the
limitations that prevent it from having an added value of its own.
It suggests a theory of data protection that reconstructs the
understanding of this right and could guide courts and legislators
on data protection issues. The second part of the book goes on to
empirically test the reconstructed right to data protection in four
case-studies of counter-terrorism surveillance: communications
metadata, travel data, financial data and Internet data
surveillance. The book will be of interest to academics, students,
policy-makers and practitioners in EU law, privacy, data
protection, counter-terrorism and human rights law.
In the age of technological advancement, including the emergence of
artificial intelligence, big data, and the internet of things, the
need for privacy and protection has risen massively. This
phenomenon has led to the enforcement of two major legal directives
in the European Union (EU) that aim to provide vigorous protection
of personal data. There is a need for research on the repercussions
and developments that have materialized with these recent
regulations and how the rest of the world has been affected.
Personal Data Protection and Legal Developments in the European
Union is an essential reference source that critically discusses
different aspects of the GDPR and the Law Enforcement Directive as
well as recent jurisprudential developments concerning data privacy
in the EU and its member states. It also addresses relevant recent
case law of the Court of Justice of the EU, the European Court of
Human Rights, and national courts. Featuring research on topics
such as public transparency, medical research data, and automated
decision making, this book is ideally designed for law
practitioners, data scientists, policymakers, IT professionals,
politicians, researchers, analysts, academicians, and students
working in the areas of privacy, data protection, big data,
information technology, and human rights law.
Since the entry into force of the Lisbon Treaty, data protection
has been elevated to the status of a fundamental right in the
European Union and is now enshrined in the EU Charter of
Fundamental Rights alongside the right to privacy. This timely book
investigates the normative significance of data protection as a
fundamental right in the EU. The first part of the book examines
the scope, the content and the capabilities of data protection as a
fundamental right to resolve problems and to provide for an
effective protection. It discusses the current approaches to this
right in the legal scholarship and the case-law and identifies the
limitations that prevent it from having an added value of its own.
It suggests a theory of data protection that reconstructs the
understanding of this right and could guide courts and legislators
on data protection issues. The second part of the book goes on to
empirically test the reconstructed right to data protection in four
case-studies of counter-terrorism surveillance: communications
metadata, travel data, financial data and Internet data
surveillance. The book will be of interest to academics, students,
policy-makers and practitioners in EU law, privacy, data
protection, counter-terrorism and human rights law.
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