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The search returned 3 results.

Data Protection or Data Frustration? Individual Perceptions and Attitudes Towards the GDPR journal article

Joanna Strycharz, Jef Ausloos, Natali Helberger

European Data Protection Law Review, Volume 6 (2020), Issue 3, Page 407 - 421

Strengthening individual rights, enhancing control over one’s data and raising awareness were among the main aims the European Commission set for the General Data Protection Regulation (GDPR). In order to assess whether these aims have been met, research into individual perceptions, awareness, and understanding of the Regulation is necessary. This study thus examines individual reactions to the GDPR in order to provide insights into user agency in relation to the Regulation. More specifically, it discusses empirical data (survey with N = 1288) on individual knowledge of, reactions to, and rights exercised under the GDPR in the Netherlands. The results show high awareness of the GDPR and knowledge of individual rights. At the same time, the Dutch show substantial reactance to the Regulation and doubt the effectiveness of their individual rights. These findings point to several issues obstructing the GDPR’s effectiveness, and constitute useful signposts for policy-makers and enforcement agencies to prioritise their strategies in achieving the original aims of the Regulation. Keywords: General Data Protection Regulation, Individual Perceptions, Reactance to Law, User Agency, User Empowerment

Data Protection Authorities and their Awareness-raising Duties under the GDPR: The Case for Engaging Umbrella Organisations to Disseminate Guidance for Small and Medium-size Enterprises journal article open-access

Leanne Cochrane, Lina Jasmontaite-Zaniewicz, David Barnard-Wills

European Data Protection Law Review, Volume 6 (2020), Issue 3, Page 352 - 364

In this paper we explore EU data protection authorities’ (DPAs) role as leaders and educators, particularly in relation to awareness-raising efforts with Small and Medium-sized Enterprises (SMEs). The GDPR made awareness raising duties of DPAs explicit whilst SMEs face challenges complying with data protection law. We posit that DPAS should make better strategic use of collaboration with SME Associations as intermediaries to better access and understand the needs of SMEs. This collaboration could facilitate dissemination of guidance and information addressed to SMEs. It could also help to overcome concerns expressed by SME representatives about the existing guidance provided by DPAs as being overly generic, focused on legal theory, and in some states arriving too late for implementation. We suggest that by working together SME Associations and DPAs could increase their own working efficiency as well as the one of SMEs. We build our arguments on the findings of an online survey of 52-60 SMEs representatives and semi-structured qualitative interviews with 18 DPAs, 22 SME Association representatives and 11 SME representatives. Keywords: Awareness Raising, Compliance, Data Protection Authorities, Deterrence, Enforcement Strategies, General Data Protection Regulation

Peter Nowak v Data Protection Commissioner: journal article

Potential Aftermaths Regarding Subjective Annotations in Clinical Records

Daniel Jove

European Data Protection Law Review, Volume 5 (2019), Issue 2, Page 175 - 183

On 20 December 2017 the European Court of Justice gave its judgment on the Nowak case. This ruling addresses the potential application of the General Data Protection Regulation (GDPR) to the answers and subjective comments of the examiner. The classification of this data as personal data entails, for the candidate, the possibility of using their rights of access, rectification and objection. This study analyses the Nowak ruling and reflects on the possibility of extrapolating the doctrine which it establishes to other areas. The spotlight is placed specifically on subjective comments in a medical history. The nature of this information is analysed in order to establish whether it is the patient’s personal data and also if limiting the right to access this information is compatible with the GDPR. Keywords: Data Protection, Subjective Annotations, Clinical Record, GDPR, General Data Protection Regulation, European Court of Justice

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