In this paper, we address the complex relationship between big data and human rights. Because this is a vast terrain, we restrict our focus in two main ways. First, we concentrate on big data ...applications in scientific research, mostly health-related research. And, second, we concentrate on two human rights: the familiar right to privacy and the less well-known right to science. Our contention is that human rights interact in potentially complex ways with big data, not only constraining it, but also enabling it in various ways; and that such rights are dynamic in character, rather than fixed once and for all, changing in their implications over time in line with changes in the context we inhabit, and also as they interact among themselves in jointly responding to the opportunities and risks thrown up by a changing world. Understanding this dynamic interaction of human rights is crucial for formulating an ethic tailored to the realities—the new capabilities and risks—of the rapidly evolving digital environment. This article is part of the themed issue 'The ethical impact of data science'.
Drones and drone-mounted sensors provide a litany of potential uses for local authorities and municipalities. Early-adopters have piloted and tested the use of drones for specific scenarios. However, ...widespread implementation requires appropriate planning and development of relevant governance, oversight, and controls to ensure that privacy and data protection rights are respected. This article provides an overview of the evolution of drone-use scenarios and a snapshot of the current state of the art in respect of balancing the utility of drone-mounted sensors against the data protection and privacy impacts of these technologies. We set out a taxonomy of use case scenarios for drones and drone-mounted sensors. The ambition of our taxonomy is to provide guidance and support for policymakers and users of these technologies in assessing and mitigating data protection risks in the operation of drones and drone-mounted sensors.
The right to be forgotten has become a matter of capital importance due to the absence of spatial and temporal borders on the Internet. In order to understand everything related to this emerging ...right, it is necessary to analyze its real origin before the digital era. The primary purpose of carrying out this background is to have more in-depth and exhaustive knowledge of its origins that date back to the late 19th century, most notably in the United States and France. Then, it analyzes the different forms of protection of this emerging right in the US and Europe to consider the different realities that are being created in both continents. The aim is to balance the right to information with the right to be forgotten in an era where digital memory does not forget or forgive.
El derecho al olvido digital se ha convertido en cuestión de capital importancia, debido a la ausencia de fronteras espacio-temporales de Internet. Para entender todo lo relativo al mismo, es necesario analizar cuál es su verdadero origen, previo a la sociedad digital. Por ello, en primer lugar se estudian sus orígenes que datan de finales del siglo XIX, y que se ubican principalmente en Estados Unidos y Francia. Posteriormente, se analizan las diferentes formas de protección de este derecho emergente en Estados Unidos y Europa, para poder comparar las diferentes realidades que se están dando en ambos Continentes.
This article opens with an analysis of the scope of the protectable legal right to be forgotten, since this must be understood not only in relation to the right to erasure. The right to be forgotten ...is much more complex, as it needs to cover a wide range of situations. The article proceeds by outlining the main jurisprudential milestones that prefigured the right to be forgotten in the predigital age, considering the Costeja case as a major tipping point. The article goes on to focus on the ambit of the European Union (EU), initially by studying the meaning and impact of the new general data protection regulations that have been in force since May 2018. Subsequently, it analyzes how some EU member states have incorporated this new juridical instrument. Spain, which has updated its legislation in this area in order to fully comply with EU requirements, is a particular focus.
The aim of the article: The presented study concerns the problem of violations of fundamental rights caused by the law regulation contained in art. 27c of the Corporate Income Tax Act in Poland. This ...regulation provides obligation to publish information about introduced tax strategies. Yet, it may endanger many human rights and this article focuses on two of them – the right to remain silent, and the right of privacy. The aim of this article is to make an analysis of the standards presented by the Court of Justice of the European Union and the European Court of Human Rights. Additionally, the standard presented by the Polish Constitutional Court is presented. Methodology: To decode these standards the comparative law method is used. Especially the case laws of these courts are presented and additionally, they are completed by the comparison of the acts that concern similar law institutions but come from different lawmakers. Results of the research: The results of the study do not provide a clear answer. However, they do allow for an approximation of the issue of possible violations of fundamental rights by the analyzed regulation. It is very likely that the analyzed regulation violates the right to remain silent and it is even close to certainty that the analyzed laws violate the right to privacy. The problem is not only the interference in these rights, but in its character as well. Under certain circumstances, interference with fundamental rights is acceptable but must be proportionate. Examined laws are only explained in terms of budgetary balance and the academic world points out that the purpose of this type of regulation is mainly of administrative convenience. This is far too little to consider this interference with fundamental rights imperative.
The telecommunications services sector is one of the most dynamically developing segments of the contemporary economy. At the same time, it is undergoing constant change, the result of its adaptation ...to the needs of modern digital services and the expectations of users. In practice, traditional telecommunications services are being increasingly replaced by those that offer equivalent functionality but are provided via the Internet. Examples of this type of service are VoIP telephony, instant messengers and online chat. This group of services is collectively referred to as OTT.
The growing popularity of OTT services not only affects the shape of the telecommunications market, but, from the point of view of legislatures and market regulators, has also led to a number of practical problems. One of them is how to apply a EU regulatory framework established for the electronic communications sector to modern OTT services. Recently, this problem has become an object of interest to both the CJEU and the EU legislature.
The purpose of this article is to discuss the effects of the recent Skype adjudication on the regulation of the OTT sector, including the pending entry into force of the European Electronic Communications Code. The analysis considers the technical and regulatory background of issues relating to the judgment, the ongoing legislative work and the importance of the judgment in practice. Ambiguities in interpretation are also identified and discussed, in particular those relating to the attempt to apply the Skype judgment and the entire regulatory framework to OTT services.
These aspects will be discussed from the perspective of the protection of users' privacy, an important part of the provision of electronic communications services. The choice of this aspect of OTT services regulation would seem to be particularly apt in light of the ongoing reform of the EU data protection model, which will include the new e-privacy regulation currently being drafted.
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