Publications - Page 86 of 266

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

Oostveen, M. & Irion, K.

In: Bakhoum M., Conde Gallego B., Mackenrodt MO., Surblytė-Namavičienė G. (eds) Personal Data in Competition, Consumer Protection and Intellectual Property Law. MPI Studies on Intellectual Property and Competition Law, vol 28. Springer, Berlin, Heidelberg, 1120

Abstract

New technologies, purposes and applications to process individuals’ personal data are being 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. 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. Against the backdrop of big data applications, we evaluate how the implementation of privacy and data protection rules protect against the short- and long-term effects of contemporary data processing. We conclude that from the perspective of protecting individual fundamental rights and freedoms, it would be worthwhile to explore alternative (legal) approaches instead of relying on EU data protection law alone to cope with contemporary data processing.

automated decision making, Big data, Data protection, frontpage, General Data Protection Regulation, Privacy, profiling

RIS

TY  - CHAP
AU  - Oostveen, M.
AU  - Irion, K.
PY  - 1120
DA  - 2018-11-20
T1  - The Golden Age of Personal Data: How to Regulate an Enabling Fundamental Right?
UR  - https://link.springer.com/chapter/10.1007/978-3-662-57646-5_2
AB  - New technologies, purposes and applications to process individuals’ personal data are being 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. 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. Against the backdrop of big data applications, we evaluate how the implementation of privacy and data protection rules protect against the short- and long-term effects of contemporary data processing. We conclude that from the perspective of protecting individual fundamental rights and freedoms, it would be worthwhile to explore alternative (legal) approaches instead of relying on EU data protection law alone to cope with contemporary data processing.
K1  - automated decision making
K1  - Big data
K1  - Data protection
K1  - frontpage
K1  - General Data Protection Regulation
K1  - Privacy
K1  - profiling
ER  -

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Bibtex

Chapter{Oostveen2018,
	title = {The Golden Age of Personal Data: How to Regulate an Enabling Fundamental Right?},
	author = {Oostveen, M. and Irion, K.},
	year = {1120},
	date = {2018-11-20},
	abstract = {New technologies, purposes and applications to process individuals’ personal data are being 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. 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. Against the backdrop of big data applications, we evaluate how the implementation of privacy and data protection rules protect against the short- and long-term effects of contemporary data processing. We conclude that from the perspective of protecting individual fundamental rights and freedoms, it would be worthwhile to explore alternative (legal) approaches instead of relying on EU data protection law alone to cope with contemporary data processing.},
	keywords = {automated decision making, Big data, Data protection, frontpage, General Data Protection Regulation, Privacy, profiling},
}

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Privatised enforcement and the right to freedom of expression in a world confronted with terrorism propaganda online external link

Coche, E.

Internet Policy Review, vol. 2018, num: 4, 2018

Abstract

The purpose of this paper is to explore the risks of privatised enforcement in the field of terrorism propaganda, stemming from the EU Code of conduct on countering illegal hate speech online. By shedding light on this Code, the author argues that implementation of it may undermine the rule of law and give rise to private censorship. In order to outweigh these risks, IT companies should improve their transparency, especially towards users whose content have been affected. Where automated means are used, the companies should always have in place some form of human intervention in order to contextualise posts. At the EU level, the Commission should provide IT companies with clearer guidelines regarding their liability exemption under the e-Commerce Directive. This would help prevent a race-to-the bottom where intermediaries choose to interpret and apply the most stringent national laws in order to secure at utmost their liability. The paper further articulates on the fine line that exists between ‘terrorist content’ and ‘illegal hate speech’ and the need for more detailed definitions.

Links

DOI: https://doi.org/10.14763/2018.4.1382

code of conduct, frontpage, handhaving, hate speech, terrorisme, Vrijheid van meningsuiting

RIS

TY  - JOUR
AU  - Coche, E.
PY  - 1106
DA  - 2018-11-06
T1  - Privatised enforcement and the right to freedom of expression in a world confronted with terrorism propaganda online
JO  - Internet Policy Review
VL  - 2018
NV  - 4
UR  - https://policyreview.info/articles/analysis/privatised-enforcement-and-right-freedom-expression-world-confronted-terrorism
DO  - https://doi.org/10.14763/2018.4.1382
AB  - The purpose of this paper is to explore the risks of privatised enforcement in the field of terrorism propaganda, stemming from the EU Code of conduct on countering illegal hate speech online. By shedding light on this Code, the author argues that implementation of it may undermine the rule of law and give rise to private censorship. In order to outweigh these risks, IT companies should improve their transparency, especially towards users whose content have been affected. Where automated means are used, the companies should always have in place some form of human intervention in order to contextualise posts. At the EU level, the Commission should provide IT companies with clearer guidelines regarding their liability exemption under the e-Commerce Directive. This would help prevent a race-to-the bottom where intermediaries choose to interpret and apply the most stringent national laws in order to secure at utmost their liability. The paper further articulates on the fine line that exists between ‘terrorist content’ and ‘illegal hate speech’ and the need for more detailed definitions.
K1  - code of conduct
K1  - frontpage
K1  - handhaving
K1  - hate speech
K1  - terrorisme
K1  - Vrijheid van meningsuiting
ER  -

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Bibtex

Article{Coche2018g,
	title = {Privatised enforcement and the right to freedom of expression in a world confronted with terrorism propaganda online},
	author = {Coche, E.},
	doi = {https://doi.org/10.14763/2018.4.1382},
	year = {1106},
	date = {2018-11-06},
	journal = {Internet Policy Review},
	volume = {2018},
	number = {4},
	abstract = {The purpose of this paper is to explore the risks of privatised enforcement in the field of terrorism propaganda, stemming from the EU Code of conduct on countering illegal hate speech online. By shedding light on this Code, the author argues that implementation of it may undermine the rule of law and give rise to private censorship. In order to outweigh these risks, IT companies should improve their transparency, especially towards users whose content have been affected. Where automated means are used, the companies should always have in place some form of human intervention in order to contextualise posts. At the EU level, the Commission should provide IT companies with clearer guidelines regarding their liability exemption under the e-Commerce Directive. This would help prevent a race-to-the bottom where intermediaries choose to interpret and apply the most stringent national laws in order to secure at utmost their liability. The paper further articulates on the fine line that exists between ‘terrorist content’ and ‘illegal hate speech’ and the need for more detailed definitions.},
	keywords = {code of conduct, frontpage, handhaving, hate speech, terrorisme, Vrijheid van meningsuiting},
}

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Voices near and far: Introduction external link

van Eechoud, M.

1219

Abstract

The goal of this introduction is to ‘set the stage’ so to speak for the various explorations that follow, of notions of collaborative authorship and original works in academic thought, societal practice and as legal norms. To provide especially the readership not familiar with copyright lawmaking with a useful backdrop, what follows is a characterisation of the current state of copyright law in Europe. I shall briefly describe the role of the EU as primary actor in copyright reform. We can then sketch what the pertinent questions are on authorship and copyright subject-matter, a.k.a. original intellectual creations, and how the authors of each chapter have addressed these. The contributions in this volume all borrow from different disciplines. This introduction concludes with some observations on the many voices in academia that speak on creative practices, and on their relative proximity to copyright scholarship. Although technology and economics will continue to drive developments in intellectual property law, humanities research can (and should) have real impact on the quality of law and legal interpretation.

Auteursrecht

RIS

TY  - CHAP
AU  - van Eechoud, M.
PY  - 1219
DA  - 2014-12-19
T1  - Voices near and far: Introduction
UR  - https://www.ivir.nl/publicaties/download/Voicesnearandfar.pdf
AB  - The goal of this introduction is to ‘set the stage’ so to speak for the various explorations that follow, of notions of collaborative authorship and original works in academic thought, societal practice and as legal norms. To provide especially the readership not familiar with copyright lawmaking with a useful backdrop, what follows is a characterisation of the current state of copyright law in Europe. I shall briefly describe the role of the EU as primary actor in copyright reform. We can then sketch what the pertinent questions are on authorship and copyright subject-matter, a.k.a. original intellectual creations, and how the authors of each chapter have addressed these. The contributions in this volume all borrow from different disciplines. This introduction concludes with some observations on the many voices in academia that speak on creative practices, and on their relative proximity to copyright scholarship. Although technology and economics will continue to drive developments in intellectual property law, humanities research can (and should) have real impact on the quality of law and legal interpretation.
K1  - Auteursrecht
ER  -

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Bibtex

Chapter{vanEechoud2014,
	title = {Voices near and far: Introduction},
	author = {van Eechoud, M.},
	year = {1219},
	date = {2014-12-19},
	abstract = {The goal of this introduction is to ‘set the stage’ so to speak for the various explorations that follow, of notions of collaborative authorship and original works in academic thought, societal practice and as legal norms. To provide especially the readership not familiar with copyright lawmaking with a useful backdrop, what follows is a characterisation of the current state of copyright law in Europe. I shall briefly describe the role of the EU as primary actor in copyright reform. We can then sketch what the pertinent questions are on authorship and copyright subject-matter, a.k.a. original intellectual creations, and how the authors of each chapter have addressed these. The contributions in this volume all borrow from different disciplines. This introduction concludes with some observations on the many voices in academia that speak on creative practices, and on their relative proximity to copyright scholarship. Although technology and economics will continue to drive developments in intellectual property law, humanities research can (and should) have real impact on the quality of law and legal interpretation.},
	keywords = {Auteursrecht},
}

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The right to protection of personal data: the new posterchild of European Union citizenship? external link

Irion, K. & Granger, M.-P.

Edward Elgar Publishing, 1031

Abstract

In this chapter we argue that the right to data protection is the posterchild of EU citizenship in the digital era. We start by providing a brief overview of the gradual construction of the right to personal data protection in the EU. We then identify a range of actors who have played a particular role in the building process, including EU citizens themselves. Next, we review the current legal ‘architecture’ of the right to the protection of personal data and discuss whether it could serve as a model for the future development of EU citizenship, notwithstanding remaining challenges at the level of national implementation and public and private compliance with EU rules. Finally, we reflect on the future of the right to data protection, and its contribution to the development of EU citizenship as a legal regime.

Links

DOI: https://doi.org/10.4337/9781788113441.00019

citizenship, EU law, frontpage, GDPR, Privacy

RIS

TY  - CHAP
AU  - Irion, K.
AU  - Granger, M.-P.
PY  - 1031
DA  - 2018-10-31
T1  - The right to protection of personal data: the new posterchild of European Union citizenship?
UR  - https://www.ivir.nl/publicaties/download/The-right-to-protection-of-personal-data-prepub.pdf
DO  - https://doi.org/10.4337/9781788113441.00019
AB  - In this chapter we argue that the right to data protection is the posterchild of EU citizenship in the digital era. We start by providing a brief overview of the gradual construction of the right to personal data protection in the EU. We then identify a range of actors who have played a particular role in the building process, including EU citizens themselves. Next, we review the current legal ‘architecture’ of the right to the protection of personal data and discuss whether it could serve as a model for the future development of EU citizenship, notwithstanding remaining challenges at the level of national implementation and public and private compliance with EU rules. Finally, we reflect on the future of the right to data protection, and its contribution to the development of EU citizenship as a legal regime.
K1  - citizenship
K1  - EU law
K1  - frontpage
K1  - GDPR
K1  - Privacy
ER  -

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Bibtex

Chapter{Irion2018c,
	title = {The right to protection of personal data: the new posterchild of European Union citizenship?},
	author = {Irion, K. and Granger, M.-P.},
	doi = {https://doi.org/10.4337/9781788113441.00019},
	year = {1031},
	date = {2018-10-31},
	abstract = {In this chapter we argue that the right to data protection is the posterchild of EU citizenship in the digital era. We start by providing a brief overview of the gradual construction of the right to personal data protection in the EU. We then identify a range of actors who have played a particular role in the building process, including EU citizens themselves. Next, we review the current legal ‘architecture’ of the right to the protection of personal data and discuss whether it could serve as a model for the future development of EU citizenship, notwithstanding remaining challenges at the level of national implementation and public and private compliance with EU rules. Finally, we reflect on the future of the right to data protection, and its contribution to the development of EU citizenship as a legal regime.},
	keywords = {citizenship, EU law, frontpage, GDPR, Privacy},
}

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Media Constrained by Context: International Assistance and the Transition to Democratic Media in the Western Balkans external link

Jusić, T. & Irion, K.

Budapest/ New York: CEU Press, 2018, 1031, ISBN: 978-963-386-259-9

Abstract

This book compares the results of twenty years of international media assistance in the five countries of the western Balkans. It asks what happens to imported models when they are applied to newly evolving media systems in societies in transition. Albania, Bosnia-Herzegovina, Kosovo, Macedonia, and Serbia undertook a range of media reforms to conform with accession requirements of the European Union and the standards of the Council of Europe, among others. The essays explore the nexus between the democratic transformation of the media and international media assistance in these countries. The cross-national analysis concludes that the effects of international assistance are highly constrained by local contexts. In hindsight it becomes clear that escalating media assistance does not necessarily improve outcomes.

Albania, Bosnia-Herzegovina, domcratization, frontpage, international assistance, Kosovo, Macedonia, media assistance, media supervisory authority, media systems, public service media, Serbia, western Blakan

RIS

TY  - BOOK
AU  - Jusić, T.
AU  - Irion, K.
PY  - 1031
DA  - 2018-10-31
T1  - Media Constrained by Context: International Assistance and the Transition to Democratic Media in the Western Balkans
UR  - http://ceupress.com/book/media-constrained-context
AB  - This book compares the results of twenty years of international media assistance in the five countries of the western Balkans. It asks what happens to imported models when they are applied to newly evolving media systems in societies in transition. Albania, Bosnia-Herzegovina, Kosovo, Macedonia, and Serbia undertook a range of media reforms to conform with accession requirements of the European Union and the standards of the Council of Europe, among others. The essays explore the nexus between the democratic transformation of the media and international media assistance in these countries. The cross-national analysis concludes that the effects of international assistance are highly constrained by local contexts. In hindsight it becomes clear that escalating media assistance does not necessarily improve outcomes.
K1  - Albania
K1  - Bosnia-Herzegovina
K1  - domcratization
K1  - frontpage
K1  - international assistance
K1  - Kosovo
K1  - Macedonia
K1  - media assistance
K1  - media supervisory authority
K1  - media systems
K1  - public service media
K1  - Serbia
K1  - western Blakan
ER  -

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Bibtex

Book{Jusić2018,
	title = {Media Constrained by Context: International Assistance and the Transition to Democratic Media in the Western Balkans},
	author = {Jusić, T. and Irion, K.},
	year = {1031},
	date = {2018-10-31},
	abstract = {This book compares the results of twenty years of international media assistance in the five countries of the western Balkans. It asks what happens to imported models when they are applied to newly evolving media systems in societies in transition. Albania, Bosnia-Herzegovina, Kosovo, Macedonia, and Serbia undertook a range of media reforms to conform with accession requirements of the European Union and the standards of the Council of Europe, among others. The essays explore the nexus between the democratic transformation of the media and international media assistance in these countries. The cross-national analysis concludes that the effects of international assistance are highly constrained by local contexts. In hindsight it becomes clear that escalating media assistance does not necessarily improve outcomes.},
	keywords = {Albania, Bosnia-Herzegovina, domcratization, frontpage, international assistance, Kosovo, Macedonia, media assistance, media supervisory authority, media systems, public service media, Serbia, western Blakan},
}

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Annotatie bij Geschillencommissie Auteurscontractenrecht 27 juli 2018 (Soof 2) external link

Hugenholtz, P.B.

AMI, vol. 2018, num: 5, pp: 213-215, 2018

auteurscontractenrecht, Auteursrecht, film, frontpage, royalties

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Tentoonstellen van ongepubliceerde brieven: Annotatie bij Hof Amsterdam 6 februari 2018 (Anne Frank Stichting / Anne Frank-Fonds) external link

Kabel, J.

AMI, vol. 2018, num: 5, pp: 203-206, 2018

Auteursrecht, frontpage, openbaarmaking

RIS

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Stedelijk is nog altijd beschadigd external link

Dommering, E.

2018

frontpage

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Media reporting: facts, nothing but facts? external link

Alén-Savikko, A., Apa, E., Bassini, M., Cabrera Blázquez, F.J., Cunningham, I., Etteldorf, C., Granchet, A., Klimkiewicz, B., Fahy, R., Polák, J., Prosser, T., Richter, A. & Rodriguez, N.

2018

Abstract

Separating the facts from the fiction in today’s media is becoming mission impossible. In the era of the #fakenews hashtag, the internet, and the media in general, are concerned by the emergence of fiction which is sometimes much stranger than truth! So what rules and initiatives exist in Europe to help ensure the accuracy and objectivity of news and current affairs reporting? How far can the European and the various national legislators go to protect us from dubious reporting or at least ensure that codes of good conduct exist?

Fake news, frontpage, Mediarecht

RIS

TY  - RPRT
AU  - Alén-Savikko, A.
AU  - Apa, E.
AU  - Bassini, M.
AU  - Cabrera Blázquez, F.J.
AU  - Cunningham, I.
AU  - Etteldorf, C.
AU  - Granchet, A.
AU  - Klimkiewicz, B.
AU  - Fahy, R.
AU  - Polák, J.
AU  - Prosser, T.
AU  - Richter, A.
AU  - Rodriguez, N.
PY  - 1024
DA  - 2018-10-24
T1  - Media reporting: facts, nothing but facts?
UR  - https://rm.coe.int/media-reporting-facts-nothing-but-facts/16808e3cda
AB  - Separating the facts from the fiction in today’s media is becoming mission impossible. In the era of the #fakenews hashtag, the internet, and the media in general, are concerned by the emergence of fiction which is sometimes much stranger than truth! So what rules and initiatives exist in Europe to help ensure the accuracy and objectivity of news and current affairs reporting? How far can the European and the various national legislators go to protect us from dubious reporting or at least ensure that codes of good conduct exist?
K1  - Fake news
K1  - frontpage
K1  - Mediarecht
ER  -

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The WIPO Broadcasting Treaty. A Conceptual Conundrum external link

Hugenholtz, P.B.

2018

Abstract

Keynote at KEI Seminar, Appraising the WIPO Broadcast Treaty and its Implications on Access to Culture, Geneva 3-4 October 2018

Auteursrecht, broadcasting treaty, frontpage, Naburige rechten, omroepen, WIPO

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