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Die Suche erzielte 3 Treffer.

Fundamental Rights, the Normative Keystone of DPIA Journal Artikel

Dara Hallinan, Nicholas Martin

European Data Protection Law Review, Jahrgang 6 (2020), Ausgabe 2, Seite 178 - 193

The General Data Protection Regulation mandates that data controllers conduct a Data Protection Impact Assessment (DPIA) for certain processing activities. The core of the substance of the DPIA obligation requires that data controllers engage in ‘an assessment of the risks to the rights and freedoms of data subjects [posed by the processing operation]’. A common interpretation has emerged that this obligation only requires data controllers to engage in a ‘compliance assessment’: an assessment of the risks of processing considering the concrete provisions of the GDPR. This article takes issue with this interpretation and offers an elaborated conceptual argument supporting the following, alternative, position: the obligation that the DPIA risk assessment process include ‘an assessment of the risks to the rights and freedoms of data subjects’ requires data controllers to take the complete catalogue of rights and freedoms, outlined in foundational European fundamental rights instruments, as the key normative reference point for the DPIA risk assessment process. Keywords: data protection, privacy, GDPR, data protection impact assessment, DPIA, fundamental rights


Assessing the Legal and Ethical Impact of Data Reuse: Journal Artikel

Developing a Tool for Data Reuse Impact Assessments (DRIA)

Bart Custers, Helena U Vrabec, Michael Friedewald

European Data Protection Law Review, Jahrgang 5 (2019), Ausgabe 3, Seite 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


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