Skip to content
  • «
  • 1
  • »

The search returned 3 results.

Assessing the Legal and Ethical Impact of Data Reuse: journal article

Developing a Tool for Data Reuse Impact Assessments (DRIA)

Bart Custers, Helena U Vrabec, Michael Friedewald

European Data Protection Law Review, Volume 5 (2019), Issue 3, Page 317 - 337

In the data economy, many organisations, particularly SMEs may not be in a position to generate large amounts of data themselves, but may benefit from reusing data previously collected by others. Organisations that collect large amounts of data themselves may also benefit from reusing such data for other purposes than originally envisioned. However, under the current EU personal data protection legal framework, constituted by the General Data Protection Regulation, there are clear limits and restrictions to the reuse of personal data. Data can only be reused for purposes that are compatible with the original purposes for which the data were collected and processed. This is at odds with the reality of the data economy, in which there is a considerable need for data reuse. To address this issue, in this article we present the concept of a Data Reuse Impact Assessment (DRIA), which can be considered as an extension to existing Privacy and Data Protection Impact Assessments (PIAs and DPIAs). By adding new elements to these existing tools that specifically focus on the reuse of data and aspects regarding data ethics, a DRIA may typically be helpful to strike a better balance between the protection of personal data that is being reused and the need for data reuse in the data economy. Using a DRIA may contribute to increased trust among data subjects that their personal data is adequately protected. Data subjects, in turn, may then be willing to share more data, which on the long term may also be beneficial for the data economy. Keywords: Data Reuse, Data Protection, Privacy, Data Protection Impact Assessments, Privacy Impact Assessments

The Law Enforcement Directive: journal article

Conceptual Challenges of EU Directive 2016/680

Mark Leiser, Bart Custers

European Data Protection Law Review, Volume 5 (2019), Issue 3, Page 367 - 378

The Law Enforcement Directive (EU Directive 2016/680) has been heralded for its role in building a high level of data protection in criminal law. Data processed for ‘law enforcement purposes’ by ‘competent authorities’ must comply with principles of necessity, proportionality and legality, while ensuring appropriate safeguards in place for data subjects. However, there is ambiguity as to how the LED should work in practice due to several conceptual issues that the LED raises. This paper discusses three conceptual issues: consent, the categorisation of witnesses, suspects and victims, and the categorisation of facts versus opinions. Keywords: Law Enforcement Directive, Fundamental Rights, Consent, Law Enforcement Data, Directive 2016/680

Legal Barriers and Enablers to Big Data Reuse journal article

A Critical Assessment of the Challenges for the EU Law

Helena Ursic, Bart Custers

European Data Protection Law Review, Volume 2 (2016), Issue 2, Page 209 - 221

Extracting value from big data assets is one of the goals set in the Europe 2020 Initiative. However, a number of influential voices from the academia as well as from the practice have been suggesting that the current European regulation may not adequately address the challenges of big data. This paper aims to identify existing legal barriers and enablers to big data reuse in the EU law based on the approach that follows the traditional dichotomy of laws. In the public law part, we analyse data protection law, privacy law and human rights provisions, data retention law, data localisation law and cybersecurity law. On the private law side, the relevant areas are intellectual property rights law, competition law and consumer protection law. We find that the EU regulatory landscape is highly complex when it comes to data reuse. Claiming that as a general proposition the EU law should be labelled as a barrier or as an enabler does not hold much water. Nevertheless, the most important barriers and enables are identified, which may be useful for further regulating data reuse in order to facilitate a sustainable and dynamic digital environment.

  • «
  • 1
  • »