1,721,088 research outputs found
Beyond Data: Human Rights, Ethical and Social Impact Assessment in AI
Full text linkThis open access book focuses on the impact of Artificial Intelligence (AI) on individuals and society from a legal perspective, providing a comprehensive risk-based methodological framework to address it. Building on the limitations of data protection in dealing with the challenges of AI, the author proposes an integrated approach to risk assessment that focuses on human rights and encompasses contextual social and ethical values.
The core of the analysis concerns the assessment methodology and the role of experts in steering the design of AI products and services by business and public bodies in the direction of human rights and societal values.
Taking into account the ongoing debate on AI regulation, the proposed assessment model also bridges the gap between risk-based provisions and their real-world implementation.
The central focus of the book on human rights and societal values in AI and the proposed solutions will make it of interest to legal scholars, AI developers and providers, policy makers and regulators
Cloud computing, trans-border data flows and the European Directive 95/46/EC: applicable law and task distribution
No full textStarting from three different cases decided by the Italian Data Protection Authority, the author conducts a wider analysis on the legal aspects of data protection in a cloud computing environment. This paper examines the effect of the European Data Protection Directive on task distribution and regulation of data flows between a cloud service provider and business or consumer client
Children online and the future EU data protection framework: empirical evidences and legal analysis
No full textMany international declarations and national regulations explicitly
recognise the right to privacy of the child, as well as the right to the protection
of personal data to each individual, regardless of her or his age. In order to take
into account the new forms of social interaction, these provisions have to
carefully consider the existing online context and the increasing interplay
between the online and offline dimensions, which characterises teen life. From
this perspective, the article examines a number of empirical studies on teen
online behaviour, conducted in Europe and in other countries, as well as a
recent survey conducted by the author. On the basis of the output of these
studies, the author analyses the related legal implications within the EU legal
framework. In light of the above, this article investigates whether the
provisions of the new EU proposal adequately address the issues related to teen
online behaviour
The EU Proposal for a General Data Protection Regulation: the positive impact on online behaviour
No full textThe EU Proposal for a General Data Protection Regulation represents an evolution of the existing EU model, derived from the implementation in every country of the Directive 95/46/EC. The author points out the positive effect of the provisions of the EU proposal, which reinforce user's trust and self-determination in social networks, by means of a more adequate and updated legal framework
Il trattamento dati nelle imprese nel post Safe Harbour. Strategie di breve, medio e lungo periodo
No full textThe Safe Harbour agreement was the result of an economic and political compromise between the European Union and the United States in the field of data protection, where the European regulatory model has demonstrated its influence in an interdependent world. The ECJ judgement has put an end to this compromise. Against this background, the author points out the different solutions that private companies may adopt in the short-, medium- and long-term. In this light, the article considers the chance of reaching a new international bilateral agreement in short time and the limits posed by the ECJ decision to this potential agreement. Focusing on the medium-term scenario, the author takes into account the impact of the Schrems case on the different legal alternatives for data transfer (data subject's consent, standard contractual clauses, and binding corporate rules) and discusses the consequences of this judgement on business strategies. In the long-term scenario, a more optimistic outlook is possible, given the increasing demand for data protection coming from U.S. companies and society at large, as demonstrated by the support provided the U.S. business community to new regulatory initiatives and by the In re Microsoft Corp. cas
Towards a Big Data regulation based on social and ethical values. The Guidelines of the Council of Europe (Hacia una regulación de los datos masivos basada en valores sociales y éticos. Las directrices del Consejo de Europa)
No full textThis article discusses the main provisions of the Guidelines on big data and data protection recently adopted by the Consultative Committee of the Council of Europe. After an analysis of the changes in data processing caused by the use of the predictive analytics, the author outlines the impact assessment model suggested by the Guidelines to tackles the potential risks of big data applications. This procedure of risk-assessment represents a key element to address the challenges of Big Data, since it goes beyond the traditional data protection impact assessment encompassing the social and ethical consequences of the use of data, which are the most important and critical aspects of the future algorithmic society
Data protection, e-ticketing, and intelligent systems for public transport
Full text linkSmart mobility systems make it possible to collect a huge amount of information about passenger's movements that can reveal users' behaviour and social relations. In the light of the above, these systems should adopt adequate privacy-oriented solutions in order to avoid the risk of transforming mobility architecture into generalized territorial surveillance systems. Adopting a case study approach, the article analyses the role played by data management, data anonymization, and pseudonymization in reducing the potential negative impact of e-ticketing technologies on individual and social privacy. In a context characterized by public subsidies provided by regional governments to transport companies, the author shows how privacy-oriented strategies adopted by regional governments are an important factor to induce mobility policies that focus on service quality and citizen privacy protection. Finally, the case study shows the importance of the adoption of a multi-stakeholder approach to define privacy-oriented mobility systems in line with the idea of a participatory and inclusive smart communit
The future of consumer data protection in the E.U. Rethinking the "notice and consent" paradigm in the new era of predictive analytics
Full text linkThe new E.U. proposal for a general data protection regulation has been introduced to give an answer to the challenges of the evolving digital environment. In some cases, these expectations could be disappointed, since the proposal is still based on the traditional main pillars of the last generation of data protection laws. In the field of consumer data protection, these pillars are the purpose specification principle, the use limitation principle and the "notice and consent" model. Nevertheless, the complexity of data processing, the power of modern analytics and the "transformative" use of personal information drastically limit the awareness of consumers, their capability to evaluate the various consequences of their choices and to give a free and informed consent. To respond to the above, it is necessary to clarify the rationale of the "notice and consent" paradigm, looking back to its origins and assessing its effectiveness in a world of predictive analytics. From this perspective, the paper considers the historical evolution of data protection and how the fundamental issues coming from the technological and socio-economic contexts have been addressed by regulations. On the basis of this analysis, the author suggests a revision of the "notice and consent" model focused on the opt-in and proposes the adoption of a different approach when, such as in Big Data collection, the data subject cannot be totally aware of the tools of analysis and their potential output. For this reason, the author sustains the provision of a subset of rules for Big Data analytics, which is based on a multiple impact assessment of data processing, on a deeper level of control by data protection authorities, and on the different opt-out mode
The EU Proposal for a General Data Protection Regulation and the roots of the 'right to be forgotten'
Full text linkThe EU Proposal for a General Data Protection Regulation has caused a wide debate between lawyers and legal scholars and many opinions have been voiced on the issue of the right to be forgotten. In order to analyse the relevance of the new rule provided by Article 17 of the Proposal, this paper considers the original idea of the right to be forgotten, pre-existing in both European and U.S. legal frameworks. This article focuses on the new provisions of Article 17 of the EU Proposal for a General Data Protection Regulation and evaluates its effects on court decisions. The author assumes that the new provisions do not seem to represent a revolutionary change to the existing rules with regard to the right granted to the individual, but instead have an impact on the extension of the protection of the information disseminated on-lin
The European Right to Be Forgotten
No full textThe presentation of the EU Proposal for a General Data Protection Regulation has caused a wide debate between lawyers and law scholars and many opinions have been voiced on the issue of the right to be forgotten. In order to analyse the relevance of the new rule provided by Article 17 of the Proposal, this paper considers the original idea of the right to be forgotten, pre-existing in both European and U.S. legal frameworks. This article focuses on the new provisions of Article 17 of the EU Proposal for a General Data Protection Regulation, in order to evaluate its effect on the court decisions. The author assumes that the new provisions do not seem to represent a revolutionary change to the existing rules with regard to the right granted to the individual, but have an impact on the extension of the protection of the information disseminated on-lin
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