Algorithmic systems: the consent is in the detail? external link

Internet Policy Review, vol. 9, num: 1, 2020

Abstract

Applications of algorithmically informed decisions are becoming entrenched in society, with data processing being their main process and ingredient. While these applications are progressively gaining momentum, established data protection and privacy rules have struggled to incorporate the particularities of data-intensive information societies. It is a truism to point out the resulting misalignment between algorithmic processing of personal data and the data protection regulatory frameworks that strive for meaningful control over personal data. However, the challenges to the (traditional) role and concept of consent are particularly manifest. This article examines the transformation of consent models in order to assess how the concept and the applied models of consent can be reconciled in order to correspond not only to the current regulatory landscapes but also to the exponential growth of algorithmic processing technologies. This particularly pressing area of safeguarding a basic aspect of individual control over personal data in the algorithmic era is interlinked with practical implementations of consent in the technology used and with adopted interpretations of the concept of consent, the scope of application of personal data, as well as the obligations enshrined in them. What makes consent effective as a data protection tool and how can we maintain its previous glory within the current technological challenges?

algorithms, consent, frontpage, Technologie en recht

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The personal information sphere: An integral approach to privacy and related information and communication rights external link

JASIST, vol. 71, num: 9, pp: 1116-1128, 2020

Abstract

Data protection laws, including the European Union General Data Protection Regulation, regulate aspects of online personalization. However, the data protection lens is too narrow to analyze personalization. To define conditions for personalization, we should understand data protection in its larger fundamental rights context, starting with the closely connected right to privacy. If the right to privacy is considered along with other European fundamental rights that protect information and communication flows, namely, communications confidentiality; the right to receive information; and freedom of expression, opinion, and thought, these rights are observed to enable what I call a “personal information sphere” for each person. This notion highlights how privacy interferences affect other fundamental rights. The personal information sphere is grounded in European case law and is thus not just an academic affair. The essence of the personal information sphere is control, yet with a different meaning than mere control as guaranteed by data protection law. The personal information sphere is about people controlling how they situate themselves in information and communication networks. It follows that, to respect privacy and related rights, online personalization providers should actively involve users in the personalization process and enable them to use personalization for personal goals.

Data protection law, frontpage, Fundamental rights, personalization, Privacy

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Rechter en uitingsvrijheid – een actueel thema external link

Korthals Altes, W.
Mediaforum, num: 1, pp: 1, 2020

frontpage, rechters, Vrijheid van meningsuiting

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Much ado about judges: perspectieven van het EHRM external link

Mediaforum, num: 1, pp: 2-6, 2020

EHRM, frontpage, rechters, Vrijheid van meningsuiting

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Intellectual property rights on the information superhighway external link

Intellectuele eigendom

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Trade and privacy: Complicated bed fellows? How to achieve data protection-proof free trade agreements external link

2016

Privacy, trade

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Implications of AI-driven tools in the media for freedom of expression external link

Abstract

Background Paper to the Ministerial Conference "Artificial Intelligence - Intelligent Politics: Challenges and opportunities for media and democracy, Cyprus, 28-29 May 2020."

Artificial intelligence, Freedom of expression, frontpage, Media law

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Getting Data Subject Rights Right: A submission to the European Data Protection Board from international data rights academics, to inform regulatory guidance external link

Ausloos, J., Veale, M. & Mahieu, R.
JIPITEC, vol. 10, num: 3, 2019

Abstract

We are a group of academics active in research and practice around data rights. We believe that the European Data Protection Board (EDPB) guidance on data rights currently under development is an important point to resolve a variety of tensions and grey areas which, if left unaddressed, may significantly undermine the fundamental right to data protection. All of us were present at the recent stakeholder event on data rights in Brussels on 4 November 2019, and it is in the context and spirit of stakeholder engagement that we have created this document to explore and provide recommendations and examples in this area. This document is based on comprehensive empirical evidence as well as CJEU case law, EDPB (and, previously, Article 29 Working Party) guidance and extensive scientific research into the scope, rationale, effects and general modalities of data rights.

GDPR, gegevensbescherming, Privacy

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Annotatie bij Hof van Justitie van de EU 3 oktober 2019 (Eva Glawischnig-Piesczek) external link

European Human Rights Cases Updates, 2020

Platforms, smaad, Vrijheid van meningsuiting

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Annotatie bij Hoge Raad 5 november 2019 en Hoge Raad 3 december 2019 external link

Nederlandse Jurisprudentie, num: 10, pp: 1368-1369, 2020

Annotaties, discriminatie, frontpage, Strafrecht, Vrijheid van meningsuiting

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