Het kabinet past bescheidenheid bij uitvoering van de inlichtingenwet external link

Het Financieele Dagblad, vol. 2018, 2018

Data protection, ECHR, frontpage, overheid, referendum, Surveillance, Wet op de inlichtingen- en veiligheidsdiensten (Wiv), wiretapping

Bibtex

Article{Arnbak2018, title = {Het kabinet past bescheidenheid bij uitvoering van de inlichtingenwet}, author = {Arnbak, A.}, url = {https://axelarnbak.nl/2018/03/25/46e-fd-column-het-kabinet-past-bescheidenheid-bij-uitvoering-van-de-inlichtingenwet/}, year = {0326}, date = {2018-03-26}, journal = {Het Financieele Dagblad}, volume = {2018}, pages = {}, keywords = {Data protection, ECHR, frontpage, overheid, referendum, Surveillance, Wet op de inlichtingen- en veiligheidsdiensten (Wiv), wiretapping}, }

Should Fundamental Rights to Privacy and Data Protection be a Part of the EU’s International Trade "Deals"? external link

World Trade Review, vol. 2018, pp: 477-508, 2017

Abstract

This article discusses ways in which the General Agreement on Trade in Services (GATS) and post-GATS free trade agreements may limit the EU's ability to regulate privacy and personal data protection as fundamental rights. After discussing this issue in two dimensions – the vertical relationship between trade and national and European Union (EU) law, and the horizontal relationship between trade and human rights law – the author concludes that these limits are real and pose serious risks. Inspired by recent developments in safeguarding labour, and environmental standards and sustainable development, the article argues that privacy and personal data protection should be part of, and protected by, international trade deals made by the EU. The EU should negotiate future international trade agreements with the objective of allowing them to reflect the normative foundations of privacy and personal data protection. This article suggests a specific way to achieve this objective.

Data protection, European Union, frontpage, Fundamental rights, international trade, Privacy

Bibtex

Article{Yakovleva2017b, title = {Should Fundamental Rights to Privacy and Data Protection be a Part of the EU’s International Trade "Deals"?}, author = {Yakovleva, S.}, url = {https://www.ivir.nl/publicaties/download/WTR_2018.pdf}, doi = {https://doi.org/https://doi.org/10.1017/S1474745617000453}, year = {1109}, date = {2017-11-09}, journal = {World Trade Review}, volume = {2018}, pages = {477-508}, abstract = {This article discusses ways in which the General Agreement on Trade in Services (GATS) and post-GATS free trade agreements may limit the EU\'s ability to regulate privacy and personal data protection as fundamental rights. After discussing this issue in two dimensions – the vertical relationship between trade and national and European Union (EU) law, and the horizontal relationship between trade and human rights law – the author concludes that these limits are real and pose serious risks. Inspired by recent developments in safeguarding labour, and environmental standards and sustainable development, the article argues that privacy and personal data protection should be part of, and protected by, international trade deals made by the EU. The EU should negotiate future international trade agreements with the objective of allowing them to reflect the normative foundations of privacy and personal data protection. This article suggests a specific way to achieve this objective.}, keywords = {Data protection, European Union, frontpage, Fundamental rights, international trade, Privacy}, }

Book Review: The Crisis of Presence in Contemporary Culture external link

European Data Protection Law Review, vol. 3, num: 2, pp: 293-296, 2017

book review, Data protection, ethics, phenomenology, presence, Privacy, property

Bibtex

Article{Sax2017, title = {Book Review: The Crisis of Presence in Contemporary Culture}, author = {Sax, M.}, url = {https://edpl.lexxion.eu/article/EDPL/2017/2/27}, doi = {https://doi.org/https://doi.org/10.21552/edpl/2017/2/27}, year = {0801}, date = {2017-08-01}, journal = {European Data Protection Law Review}, volume = {3}, number = {2}, pages = {293-296}, keywords = {book review, Data protection, ethics, phenomenology, presence, Privacy, property}, }

The Weeping Angels are back, and they attack our privacy via smart TVs external link

CIA, Data protection, e-Privacy regulation, Freedom of expression, frontpage, Internet, Privacy, Smart TV

Bibtex

Article{Irion2017b, title = {The Weeping Angels are back, and they attack our privacy via smart TVs}, author = {Irion, K. and Helberger, N.}, url = {https://policyreview.info/articles/news/weeping-angels-are-back-and-they-attack-our-privacy-smart-tvs/451}, year = {0310}, date = {2017-03-10}, keywords = {CIA, Data protection, e-Privacy regulation, Freedom of expression, frontpage, Internet, Privacy, Smart TV}, }

The Golden Age of Personal Data: How to Regulate an Enabling Fundamental Right? external link

Oostveen, M. & Irion, K.
2016

Abstract

New technologies, purposes and applications to process individual’s personal data are developed on a massive scale. But we have not only entered the ‘golden age of personal data’ in terms of its exploitation: ours is also the ‘golden age of personal data’ in terms of regulation of its use. In this contribution, we explain how regulating the processing of an individual’s personal data can be a proxy of intervention, which directly or indirectly could benefit other individual rights and freedoms. Understood as an enabling right, the architecture of EU data protection law is capable of protecting against many of the negative short- and long-term effects of contemporary data processing. The new General Data Protection Regulation certainly strengthens aspects of this core architecture but certain regulatory innovations to cope with technological advancements and the data-driven economy appear less capably of yielding broad protection for individuals fundamental rights and freedoms. We conclude that from the perspective of protecting individual fundamental rights and freedoms, it would be worthwhile to explore alternative (legal) approaches of individual protection in contemporary data processing.

Big data, Data protection, enabling fundamental rights, EU law, General Data Protection Regulation, Privacy

Bibtex

Article{Oostveen2016b, title = {The Golden Age of Personal Data: How to Regulate an Enabling Fundamental Right?}, author = {Oostveen, M. and Irion, K.}, year = {1215}, date = {2016-12-15}, abstract = {New technologies, purposes and applications to process individual’s personal data are developed on a massive scale. But we have not only entered the ‘golden age of personal data’ in terms of its exploitation: ours is also the ‘golden age of personal data’ in terms of regulation of its use. In this contribution, we explain how regulating the processing of an individual’s personal data can be a proxy of intervention, which directly or indirectly could benefit other individual rights and freedoms. Understood as an enabling right, the architecture of EU data protection law is capable of protecting against many of the negative short- and long-term effects of contemporary data processing. The new General Data Protection Regulation certainly strengthens aspects of this core architecture but certain regulatory innovations to cope with technological advancements and the data-driven economy appear less capably of yielding broad protection for individuals fundamental rights and freedoms. We conclude that from the perspective of protecting individual fundamental rights and freedoms, it would be worthwhile to explore alternative (legal) approaches of individual protection in contemporary data processing.}, keywords = {Big data, Data protection, enabling fundamental rights, EU law, General Data Protection Regulation, Privacy}, }

Identifiability and the applicability of data protection to big data external link

Oostveen, M.
International Data Privacy Law, 2016

Abstract

Big data holds much potential, but it can also have a negative impact on individuals, particularly on their privacy and data protection rights. Data protection law is the point of departure in the discussion about big data; it is widely regarded as the answer to big data’s negative consequences. Yet a closer look at the criteria for applicability of EU data protection law reveals a number of weaknesses in the data protection law approach. Because the material scope of EU data protection law is dependent on the identifiability of individual, data protection only partially applies to the big data process. Therefore, in spite of its importance, data protection law is insufficient to protect individuals from big data’s potential harms.

bescherming persoonsgegevens, Big data, Data protection, frontpage, Grondrechten, Personal data, Privacy

Bibtex

Article{Oostveen2016, title = {Identifiability and the applicability of data protection to big data}, author = {Oostveen, M.}, url = {http://idpl.oxfordjournals.org/content/early/2016/09/06/idpl.ipw012.extract}, doi = {https://doi.org/10.1093/idpl/ipw012}, year = {0927}, date = {2016-09-27}, journal = {International Data Privacy Law}, abstract = {Big data holds much potential, but it can also have a negative impact on individuals, particularly on their privacy and data protection rights. Data protection law is the point of departure in the discussion about big data; it is widely regarded as the answer to big data’s negative consequences. Yet a closer look at the criteria for applicability of EU data protection law reveals a number of weaknesses in the data protection law approach. Because the material scope of EU data protection law is dependent on the identifiability of individual, data protection only partially applies to the big data process. Therefore, in spite of its importance, data protection law is insufficient to protect individuals from big data’s potential harms.}, keywords = {bescherming persoonsgegevens, Big data, Data protection, frontpage, Grondrechten, Personal data, Privacy}, }

The Practical and Theoretical Problems with ‘Balancing’: Delfi, Coty and the Redundancy of the Human Rights Framework external link

Maastricht Journal of European and Comparative Law, num: 3, pp: 439-459., 2016

Abstract

In the realm of privacy and data protection – as in the fundamental rights framework in general – balancing has become the standard approach for dealing with legal disputes. It comes, however, with a number of practical and theoretical problems. Th is article analyses those problems and compares the method of balancing with the original approach of most human rights frameworks, such as the European Convention on Human Rights. It does so by analysing two cases in detail: the European Court of Human Right’s case Delfi v. Estonia and the Court of Justice of the EU’s judgment Coty v. Stadtsparkasse. From this analysis, it follows that the concept of balancing signals a shift away from the deontological and towards a utilitarian understanding of fundamental rights. Th is is not only of theoretical importance, as it could also mean that in time, human rights frameworks as such might become redundant.

balancing, consequentialism, Data protection, frontpage, Mensenrechten, Miscellaneous, Privacy, utilitarianism

Bibtex

Article{vanderSloot2016, title = {The Practical and Theoretical Problems with ‘Balancing’: Delfi, Coty and the Redundancy of the Human Rights Framework}, author = {van der Sloot, B.}, url = {http://www.ivir.nl/publicaties/download/1811}, year = {2016}, date = {2016-07-14}, journal = {Maastricht Journal of European and Comparative Law}, number = {3}, abstract = {In the realm of privacy and data protection – as in the fundamental rights framework in general – balancing has become the standard approach for dealing with legal disputes. It comes, however, with a number of practical and theoretical problems. Th is article analyses those problems and compares the method of balancing with the original approach of most human rights frameworks, such as the European Convention on Human Rights. It does so by analysing two cases in detail: the European Court of Human Right’s case Delfi v. Estonia and the Court of Justice of the EU’s judgment Coty v. Stadtsparkasse. From this analysis, it follows that the concept of balancing signals a shift away from the deontological and towards a utilitarian understanding of fundamental rights. Th is is not only of theoretical importance, as it could also mean that in time, human rights frameworks as such might become redundant.}, keywords = {balancing, consequentialism, Data protection, frontpage, Mensenrechten, Miscellaneous, Privacy, utilitarianism}, }

Profiling the European Citizen in the Internet of Things: How Will the General Data Protection Regulation Apply to this Form of Personal Data Processing, and How Should It? external link

2016

Data protection, Directive 95/46/EC, General Data Protection Regulation, Grondrechten, Internet of Things, Privacy, profiling

Bibtex

Other{nokey, title = {Profiling the European Citizen in the Internet of Things: How Will the General Data Protection Regulation Apply to this Form of Personal Data Processing, and How Should It?}, author = {Eskens, S.}, url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2752010}, year = {0329}, date = {2016-03-29}, keywords = {Data protection, Directive 95/46/EC, General Data Protection Regulation, Grondrechten, Internet of Things, Privacy, profiling}, }

Welcome to the Jungle: the Liability of Internet Intermediaries for Privacy Violations in Europe external link

JIPITEC, num: 3, pp: 211-228., 2016

Abstract

In Europe, roughly three regimes apply to the liability of Internet intermediaries for privacy violations conducted by users through their network. These are: the e-Commerce Directive, which, under certain conditions, excludes them from liability; the Data Protection Directive, which imposes a number of duties and responsibilities on providers processing personal data; and the freedom of expression, contained inter alia in the ECHR, which, under certain conditions, grants Internet providers several privileges and freedoms. Each doctrine has its own field of application, but they also have partial overlap. In practice, this creates legal inequality and uncertainty, especially with regard to providers that host online platforms and process User Generated Content.

Data protection, ECHR, Freedom of expression, Grondrechten, intermediaries, liability, Privacy

Bibtex

Article{nokey, title = {Welcome to the Jungle: the Liability of Internet Intermediaries for Privacy Violations in Europe}, author = {van der Sloot, B.}, url = {http://www.ivir.nl/publicaties/download/1720.pdf}, year = {0119}, date = {2016-01-19}, journal = {JIPITEC}, number = {3}, abstract = {In Europe, roughly three regimes apply to the liability of Internet intermediaries for privacy violations conducted by users through their network. These are: the e-Commerce Directive, which, under certain conditions, excludes them from liability; the Data Protection Directive, which imposes a number of duties and responsibilities on providers processing personal data; and the freedom of expression, contained inter alia in the ECHR, which, under certain conditions, grants Internet providers several privileges and freedoms. Each doctrine has its own field of application, but they also have partial overlap. In practice, this creates legal inequality and uncertainty, especially with regard to providers that host online platforms and process User Generated Content.}, keywords = {Data protection, ECHR, Freedom of expression, Grondrechten, intermediaries, liability, Privacy}, }

Open Data, Privacy, and Fair Information Principles: Towards a Balancing Framework external link

Abstract

Open data are held to contribute to a wide variety of social and political goals, including strengthening transparency, public participation and democratic accountability, promoting economic growth and innovation, and enabling greater public sector efficiency and cost savings. However, releasing government data that contain personal information may threaten privacy and related rights and interests. In this paper we ask how these privacy interests can be respected, without unduly hampering benefits from disclosing public sector information. We propose a balancing framework to help public authorities address this question in different contexts. The framework takes into account different levels of privacy risks for different types of data. It also separates decisions about access and re-use, and highlights a range of different disclosure routes. A circumstance catalogue lists factors that might be considered when assessing whether, under which conditions, and how a dataset can be released. While open data remains an important route for the publication of government information, we conclude that it is not the only route, and there must be clear and robust public interest arguments in order to justify the disclosure of personal information as open data.

anonymous data, Big data, Data protection, fair information principles, Freedom of information, Grondrechten, OECD privacy Guidelines, Privacy, public sector data

Bibtex

Article{nokey, title = {Open Data, Privacy, and Fair Information Principles: Towards a Balancing Framework}, author = {Zuiderveen Borgesius, F. and van Eechoud, M.}, url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2695005}, year = {1203}, date = {2015-12-03}, abstract = {Open data are held to contribute to a wide variety of social and political goals, including strengthening transparency, public participation and democratic accountability, promoting economic growth and innovation, and enabling greater public sector efficiency and cost savings. However, releasing government data that contain personal information may threaten privacy and related rights and interests. In this paper we ask how these privacy interests can be respected, without unduly hampering benefits from disclosing public sector information. We propose a balancing framework to help public authorities address this question in different contexts. The framework takes into account different levels of privacy risks for different types of data. It also separates decisions about access and re-use, and highlights a range of different disclosure routes. A circumstance catalogue lists factors that might be considered when assessing whether, under which conditions, and how a dataset can be released. While open data remains an important route for the publication of government information, we conclude that it is not the only route, and there must be clear and robust public interest arguments in order to justify the disclosure of personal information as open data.}, keywords = {anonymous data, Big data, Data protection, fair information principles, Freedom of information, Grondrechten, OECD privacy Guidelines, Privacy, public sector data}, }