116 research outputs found
Data Protection and Rule of Law: A Challenging Perspective
No full textEvery person has the right to a legal identity, the right to recognition as a person before the law, enabling that person to assert rights, enforce contracts, assert or defend a case in court. This right is freestanding thus, not dependent on official identification, and it has been recognized and codified in different international human rights treaties (UDHR in 1948, ICCPR), and in the modern Constitutions. However, in today’s globalized world, there is an increase in linking access to services such as health, education, etc., to possession of several form of identification that, while collecting evidence of people life events, grant them digital identity. To this aim, the most advanced technological tools are used to solve the challenges of traditional weak identification systems and, relying on modern technology, several forms of identification have been presented, studied and still implemented (Allen, C. 2016). In most developed countries, this approach follows the scrutiny of democratic institutions, committees and boards, raising questions linked to de-anonymization problems and focused on privacy and data protections. Concerning less developed countries, some authors (Johnston, S.F. 2018) argue that technology seems to represent a “technological fix” thus, a generic tool for circumventing problems commonly conceived as social, political or cultural. In these contexts, indeed, these systems certainly represents a valuable tool for granting civil rights, but also represents a valuable source of statistics, used as a key tool for shaping public interventions and allowing policy making based on forecasting, for monitoring new trends and planning feasible policies (UN Data Revolution for Sustainable Development, 2014). Often, in such contexts, the rule of law is weak and data collected with technological systems of identification can be misused, leading not only to a greater concentration of power in the hands of non-governmental organizations, but also to complex relationships between asymmetric information and power (Khan & Roy, 2019). It emerges the need of brainstorming on whether group privacy (Taylor, L., van der Sloot, B., and Floridi, L. 2017) remains the main problem, or whether new scenario can emerge, primarily depending on local context and local perception
Shedding light on the legal approach to aggregate data under the GDPR & the FFDR
No full textThe data taxonomy designed in the General Data Protection Regulation (GDPR) and the Free Flow Data Regulation (FFDR) seems lacking legal certainty for what concerns aggregate data. As a matter of fact, the legal framework considers it as non-personal data, albeit in the non-binding parts, even with the clear awareness that some risks persist. Moreover, the literal and contextual interpretation of the two Regulations confirms that the legal framework provided for aggregate data seems applying to entities performing that kind of processing in the public interest, but even to the one processing data in the private and business one. While the data aggregation performed in the public interest by public entities is punctually regulated with even other specific laws, the one performed in the private/business interest seems to be lacking clarity and transparency.
This paper proposes a legal reasoning and argumentation on the issue, aimed at raising awareness on the importance to promote best practices on the models developed by the statistical scientific community and applied to the public sector, for avoiding data misuses and abuses in the private and business context
Data Processing in Context: an Uncertain Regulation for a Big Data Society
No full textAs the quantity and complexity of data keeps increasing, individuals need to be aware of the level of privacy and data protection recognized to their data. The number of techniques to violate data protection tools and exploit data has increased exponentially, spinning the development of de-anonymization attacks, and increasing the vulnerability of information systems handling microdata. For this reason, implementing appropriate data minimization techniques and disclosure practices is essential, implying - as a first step - understanding the legal context and the terminology of the main data protection tools of privacy by design provided by the General Data Protection Regulation, as anonymization and pseudonymization
Big Data Analysis Systems in IoT Environments for Managing Privacy and Digital Identity: Pseudonymity, De-anonymization and the Right to Be Forgotten
No full textThe paper presents the project aimed at investigating the data anonymization considered as “a result of processing personal data with the aim of irreversibly preventing identification of the data subject” and its consequent issue of de-anonymization within the application of the EU GDPR and the EU FFDR
Anonimizzazione e Pseudonimizzazione di Sentenze Giudiziarie
No full textIl contributo analizza i due principali modelli di trattamento dati contemplati dal GDPR: anonimizzazione e pseudonimizzazione, applicati alle sentenze giudiziarie
Anonymization Between Minimization and Erasure: The Perspectives of French and Italian Data Protection Authorities
No full textTwo years after the General Data Protection Regulation (GDPR) went into effect, data anonymization remains one of the main issues linked to fragmentation in the Member States’ anonymization policies, in which regard stakeholders would like additional guidelines.
In keeping with this premise, this article aims to analyze and compare trends in the implementation and enforcement of anonymization policies put in place by data protection authorities in two countries: France and Italy.
This analysis makes it possible to trace the evolution of these policies and highlight their critical importance in applying the data minimization principle and in enforcing the right to erasure under Art. 17 GDPR
Inferring the Meaning of Non-personal, Anonymized, and Anonymous Data
No full textOn the awareness of the dynamism pertaining to data and its processing, this paper investigates the problem of having two mutually exclusive definitions of personal and non-personal data in the legal framework in force. The taxonomic analysis of key terms and their context of application highlights the risk to crystalize the whole system upon which the digital single market is built, suffocating its future development. With this premise, the paper discusses the extent of the two main data processing tools provided by the GDPR, questioning the ex-ante categorization of data and its outcome, supporting stakeholders in overcoming this issue
Tobacco Smoking Is a Strong Predictor of Failure of Conservative Treatment in Hinchey IIa and IIb Acute Diverticulitis—A Retrospective Single-Center Cohort Study
No full textBackground and Objectives: Therapeutic management of patients with complicated acute diverticulitis remains debatable. The primary objective of this study is to identify predictive factors for the failure of conservative treatment of Hinchey IIa and IIb diverticular abscesses. Materials and Methods: This is a retrospective cohort study that included patients hospitalized from 1 January 2014 to 31 December 2022 at the Emergency Surgery Department of the Cagliari University Hospital (Italy), diagnosed with acute diverticulitis complicated by Hinchey grade IIa and IIb abscesses. The collected variables included the patient's baseline characteristics, clinical variables on hospital admission, abscess characteristics at the contrast-enhanced CT scan, clinical outcomes of the conservative therapy, and follow-up results. Univariable and multivariable logistic regression models were used to identify prognostic factors of conservative treatment failure and success. Results: Two hundred and fifty-two patients diagnosed with acute diverticulitis were identified from the database search, and once the selection criteria were applied, 71 patients were considered eligible. Conservative treatment failed in 25 cases (35.2%). Univariable analysis showed that tobacco smoking was the most significant predictor of failure of conservative treatment (p = 0.007, OR 7.33, 95%CI 1.55; 34.70). Age (p = 0.056, MD 6.96, 95%CI -0.18; 0.99), alcohol drinking (p = 0.071, OR 4.770, 95%CI 0.79; 28.70), platelets level (p = 0.087, MD -32.11, 95%CI -0.93; 0.06), Hinchey stage IIa/IIb (p = 0.081, OR 0.376, 95%CI 0.12; 1.11), the presence of retroperitoneal air bubbles (p = 0.025, OR 13.300, 95%CI 1.61; 291.0), and the presence of extraluminal free air at a distance (p = 0.043, OR 4.480, 95%CI 1.96; 20.91) were the other variables possibly associated with the risk of failure. In the multivariable logistic regression analysis, only tobacco smoking was confirmed to be an independent predictor of conservative treatment failure (p = 0.006; adjusted OR 32.693; 95%CI 2.69; 397.27). Conclusion: The role of tobacco smoking as a predictor of failure of conservative therapy of diverticular abscess scenarios highlights the importance of prevention and the necessity to reduce exposure to modifiable risk factors
Servizi bancari di prossimità. L'inclusione finanziaria in un'Italia diseguale
No full textSe i servizi offerti dalle banche diventano sempre più di massa, riguardando un numero crescente di persone e aspetti della vita prima non toccati da questi – come il caso del microcredito sociale o dei piani pensionistici privati – il sistema bancario si allontana progressivamente dai reali bisogni di individui e imprese. Come si è arrivati a questa situazione, e come riformare il sistema bancario per renderlo uno strumento di inclusione economica e sociale?
In questo capitolo ci concentreremo sugli attuali modelli di organizzazione del sistema bancario e sui diversi standard di servizio presenti, indagando il modo in cui è cambiato il rapporto con il territorio e le conseguenze di questo mutamento sia per i singoli utenti, sia per i diversi contesti locali.
Nell'accesso al credito, esploreremo alcune alternative al sistema bancario tradizionale e la misura in cui esse possono influenzare l’inclusione – e, in termini più ampi, la partecipazione – di soggetti di norma rifiutati o penalizzati dagli intermediari tradizionali
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