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Keyword: Exemptions

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Immigration Exemption and the European Convention on Human Rights journal article

Matthew White

European Data Protection Law Review, Volume 5 (2019), Issue 1, Page 26 - 42

The European Union has introduced the General Data Protection Regulation to reform and update data protection laws across Member States. To comply, the United Kingdom has introduced the Data Protection Act 2018. This article focuses on one schedule of the new Act, a data protection exemption for effective immigration control purposes. Considering that the UK Parliament has not implemented the Charter of Fundamental Rights into domestic law post-Brexit, it is therefore necessary to consider this exemption under the European Convention on Human Rights. Recital 73 of the Regulation requires any restrictions on the protection of personal data to be compatible with the Convention. In concluding that the exemption is incompatible with the Convention, this will highlight that not only would the UK be failing their existing human rights obligations but also raises concerns about the UK’s adequacy status as a third country post-Brexit. Keywords: Immigration, Exemptions, Article 8 ECHR, Effective Remedy, Discrimination

Challenges for Citizen Science and the EU Open Science Agenda under the GDPR journal article open-access

Anna Berti Suman, Robin Pierce

European Data Protection Law Review, Volume 4 (2018), Issue 3, Page 284 - 295

Present discussions on the implications of the GDPR for medical practice and health research mostly target the passive collection of health data. This article shifts the lens of analysis to the scarcely researched and rather different phenomenon of the active sharing of health data within the framework of Citizen Science projects. Starting from this focus, the article queries whether data processing requirements under the GDPR impacts the advancement of Citizen Science for health research. A number of tensions between the two aims are identified both in abstract terms and ‘in practice’ by analysing three Citizen Science scenarios and drawing parallels with the experience of ‘collective’ Clinical Trials. The limited literature on the topic makes this article an exploratory reflection on key tensions, with the aim of opening the way for further research. This discussion is inspired by the need to guarantee that opportunities of Citizen Science will not be unduly curtailed by the advent of the GDPR but also to ensure that Citizen Science is implemented in ways that are consistent with the GDPR. Keywords: Citizen Science, Open Science, GDPR, Secondary Use of Health Data, Research Exemption

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