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Author: Aleksandra Drożdż
Publisher: Kluwer Law International B.V.
ISBN: 9403520515
Category : Law
Languages : en
Pages : 280
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Book Description
Increasingly, algorithms regulate our lives. Personal data is routinely processed on an unprecedented scale in both private and public sectors. This shift from more subjective and less structured human decision-making processes to automated ones has provoked numerous concerns with regard to the rights and freedoms of natural persons affected. In particular, those attached to profiling that can lead to discrimination influencing crucial opportunities of individuals, such as the ability to obtain credit, insurance, education, a job or even medical treatment. To the extent that automated individual decision-making is based on personal data, in the European Union it is subject to the General Data Protection Regulation. The author examines whether this legislative act affords sufficient protection of natural persons with regard to such processing, identifying the loopholes that hinder or prevent its efficacy and the de lege lata rules and de lege ferenda postulates that could provide individuals with effective protection in relation to automated individual decision-making. She provides an in-depth analysis of such aspects as the following: the GDPR’s background, terminology and material and territorial scope of application; key concerns regarding automated individual decision-making; specific and general provisions of the GDPR relevant to protection of natural persons with regard to automated individual decision-making; special and general rights of the data subject relevant to automated individual decision-making provided for in the GDPR; key limitations to algorithmic transparency; how profiling can create special categories of personal data by inference from ‘ordinary’ personal data; and how the version of reality derived from personal data is often at least partially inaccurate. To interpret the rules of the GDPR, the analysis draws on the travaux préparatoires, case law of the Court of Justice of the European Union and national courts that concerns the previous Data Protection Directive, guidelines and opinions of the Article 29 Working Party and the European Data Protection Board, various reports and recommendations and numerous academic writings. In its consideration of some of the most controversial issues in the realm of personal data protection – issues whose role in the information society will grow rapidly – this book represents a major contribution to research and legal guidance at the confluence of law and new technologies concerning algorithmic accountability. Policymakers, regulators and lawyers active in the ongoing development of personal data protection law will become knowledgeable about interpretations and guidelines formulated by European data protection authorities, as well as examples and best practices in the field. Moreover practitioners will find the implementation of automated individual decision-making systems in accordance with the GDPR greatly facilitated. The analysis will assist data protection authorities and judicature in assessing such systems and interpreting the GDPR framework with regard to protection of natural persons in the years to come.
Author: Aleksandra Drożdż
Publisher: Kluwer Law International B.V.
ISBN: 9403520515
Category : Law
Languages : en
Pages : 280
Get Book Here
Book Description
Increasingly, algorithms regulate our lives. Personal data is routinely processed on an unprecedented scale in both private and public sectors. This shift from more subjective and less structured human decision-making processes to automated ones has provoked numerous concerns with regard to the rights and freedoms of natural persons affected. In particular, those attached to profiling that can lead to discrimination influencing crucial opportunities of individuals, such as the ability to obtain credit, insurance, education, a job or even medical treatment. To the extent that automated individual decision-making is based on personal data, in the European Union it is subject to the General Data Protection Regulation. The author examines whether this legislative act affords sufficient protection of natural persons with regard to such processing, identifying the loopholes that hinder or prevent its efficacy and the de lege lata rules and de lege ferenda postulates that could provide individuals with effective protection in relation to automated individual decision-making. She provides an in-depth analysis of such aspects as the following: the GDPR’s background, terminology and material and territorial scope of application; key concerns regarding automated individual decision-making; specific and general provisions of the GDPR relevant to protection of natural persons with regard to automated individual decision-making; special and general rights of the data subject relevant to automated individual decision-making provided for in the GDPR; key limitations to algorithmic transparency; how profiling can create special categories of personal data by inference from ‘ordinary’ personal data; and how the version of reality derived from personal data is often at least partially inaccurate. To interpret the rules of the GDPR, the analysis draws on the travaux préparatoires, case law of the Court of Justice of the European Union and national courts that concerns the previous Data Protection Directive, guidelines and opinions of the Article 29 Working Party and the European Data Protection Board, various reports and recommendations and numerous academic writings. In its consideration of some of the most controversial issues in the realm of personal data protection – issues whose role in the information society will grow rapidly – this book represents a major contribution to research and legal guidance at the confluence of law and new technologies concerning algorithmic accountability. Policymakers, regulators and lawyers active in the ongoing development of personal data protection law will become knowledgeable about interpretations and guidelines formulated by European data protection authorities, as well as examples and best practices in the field. Moreover practitioners will find the implementation of automated individual decision-making systems in accordance with the GDPR greatly facilitated. The analysis will assist data protection authorities and judicature in assessing such systems and interpreting the GDPR framework with regard to protection of natural persons in the years to come.
Author: Martin Ebers
Publisher: Cambridge University Press
ISBN: 1108424821
Category : Computers
Languages : en
Pages : 321
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Book Description
Exploring issues from big-data to robotics, this volume is the first to comprehensively examine the regulatory implications of AI technology.
Author: Jane Reichel
Publisher: Springer Nature
ISBN: 3030493881
Category : Biobanks
Languages : en
Pages : 432
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Book Description
Part I Setting the scene -- Introduction: Individual rights, the public interest and biobank research 4000 (8) -- Genetic data and privacy protection -- Part II GDPR and European responses -- Biobank governance and the impact of the GDPR on the regulation of biobank research -- Controller' and processor's responsibilities in biobank research under GDPR -- Individual rights in biobank research under GDPR -- Safeguards and derogations relating to processing for archiving purposes in the scientific purposes: Article 89 analysis for biobank research -- A Pan-European analysis of Article 89 implementation and national biobank research regulations -- EEA, Switzerland analysis of GDPR requirements and national biobank research regulations -- Part III National insights in biobank regulatory frameworks -- Selected 10-15 countries for reports: Germany -- Greece -- France -- Finland -- Sweden -- United Kingdom -- Part IV Conclusions -- Reflections on individual rights, the public interest and biobank research, ramifications and ways forward. .
Author: Shin-yi Peng
Publisher: Cambridge University Press
ISBN: 1108957153
Category : Law
Languages : en
Pages : 365
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Book Description
Artificial intelligence (AI) technologies are transforming economies, societies, and geopolitics. Enabled by the exponential increase of data that is collected, transmitted, and processed transnationally, these changes have important implications for international economic law (IEL). This volume examines the dynamic interplay between AI and IEL by addressing an array of critical new questions, including: How to conceptualize, categorize, and analyze AI for purposes of IEL? How is AI affecting established concepts and rubrics of IEL? Is there a need to reconfigure IEL, and if so, how? Contributors also respond to other cross-cutting issues, including digital inequality, data protection, algorithms and ethics, the regulation of AI-use cases (autonomous vehicles), and systemic shifts in e-commerce (digital trade) and industrial production (fourth industrial revolution). This title is also available as Open Access on Cambridge Core.
Author: Pieter Kubben
Publisher: Springer
ISBN: 3319997130
Category : Medical
Languages : en
Pages : 218
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Book Description
This open access book comprehensively covers the fundamentals of clinical data science, focusing on data collection, modelling and clinical applications. Topics covered in the first section on data collection include: data sources, data at scale (big data), data stewardship (FAIR data) and related privacy concerns. Aspects of predictive modelling using techniques such as classification, regression or clustering, and prediction model validation will be covered in the second section. The third section covers aspects of (mobile) clinical decision support systems, operational excellence and value-based healthcare. Fundamentals of Clinical Data Science is an essential resource for healthcare professionals and IT consultants intending to develop and refine their skills in personalized medicine, using solutions based on large datasets from electronic health records or telemonitoring programmes. The book’s promise is “no math, no code”and will explain the topics in a style that is optimized for a healthcare audience.
Author: Bart P. Knijnenburg
Publisher: Springer Nature
ISBN: 3030827860
Category : Digital media
Languages : en
Pages : 459
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Book Description
Intro -- Foreword -- Acknowledgement -- Contents -- 1 Introduction and Overview -- 1.1 Introduction -- 1.2 What Is Privacy? -- 1.3 Privacy Theory and Methods -- 1.4 Domains -- 1.5 Audiences -- 1.6 Moving Forward -- 1.7 Conclusion -- References -- Part I Privacy Theory and Methods -- 2 Privacy Theories and Frameworks -- 2.1 Introduction -- 2.2 Privacy as Information Disclosure -- 2.2.1 Privacy Calculus: Assessing the Benefit vs. Cost of Information Disclosures -- 2.2.2 Privacy Paradox: The Discrepancy Between Users' Privacy Concerns and Information Disclosure Behavior -- 2.2.3 Westin's Privacy Taxonomy: The Classification of Consumers' Privacy Knowledge and Preferences -- 2.3 Privacy as an Interpersonal Boundary Regulation Process -- 2.3.1 Altman's Conceptualization of Privacy -- 2.3.2 Petronio's Communication Privacy Management Theory -- 2.4 Privacy as Social Context, Norms, and Values -- 2.4.1 Considering Social Contexts -- 2.4.2 Identifying Privacy Norms and Human Values in Design -- 2.4.3 Applying Contextual Integrity to Practice -- 2.5 A Privacy Affordance and Design Perspective -- 2.5.1 Privacy Affordances -- 2.5.2 Privacy by Design -- 2.6 The Future of Modern Privacy: Individual Differences and User-Centered Privacy -- 2.7 Guidelines for Applying Privacy Frameworks in Practice -- 2.8 Chapter Summary -- References -- 3 Revisiting APCO -- 3.1 Introduction -- 3.2 The APCO Model -- 3.2.1 The Antecedents of Privacy Concerns -- 3.2.2 Privacy Concerns -- 3.2.3 Measuring Privacy Concerns -- 3.2.4 Trust and Privacy Calculus -- 3.3 Enhanced APCO: An Expanded View on Privacy Research -- 3.4 The Research Landscape After APCO -- 3.4.1 Evolution of Technology and Personalization of Services -- 3.5 Conclusion and Avenues of Future Research -- References -- 4 Privacy and Behavioral Economics -- 4.1 Introduction -- 4.2 Uncertainty -- 4.3 Context-Dependence.
Author: Karen Yeung
Publisher: Oxford University Press
ISBN: 0192575449
Category : Law
Languages : en
Pages : 346
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Book Description
As the power and sophistication of of 'big data' and predictive analytics has continued to expand, so too has policy and public concern about the use of algorithms in contemporary life. This is hardly surprising given our increasing reliance on algorithms in daily life, touching policy sectors from healthcare, transport, finance, consumer retail, manufacturing education, and employment through to public service provision and the operation of the criminal justice system. This has prompted concerns about the need and importance of holding algorithmic power to account, yet it is far from clear that existing legal and other oversight mechanisms are up to the task. This collection of essays, edited by two leading regulatory governance scholars, offers a critical exploration of 'algorithmic regulation', understood both as a means for co-ordinating and regulating social action and decision-making, as well as the need for institutional mechanisms through which the power of algorithms and algorithmic systems might themselves be regulated. It offers a unique perspective that is likely to become a significant reference point for the ever-growing debates about the power of algorithms in daily life in the worlds of research, policy and practice. The range of contributors are drawn from a broad range of disciplinary perspectives including law, public administration, applied philosophy, data science and artificial intelligence. Taken together, they highlight the rise of algorithmic power, the potential benefits and risks associated with this power, the way in which Sheila Jasanoff's long-standing claim that 'technology is politics' has been thrown into sharp relief by the speed and scale at which algorithmic systems are proliferating, and the urgent need for wider public debate and engagement of their underlying values and value trade-offs, the way in which they affect individual and collective decision-making and action, and effective and legitimate mechanisms by and through which algorithmic power is held to account.
Author: Maria Tzanou
Publisher: Information Science Reference
ISBN: 9781522594895
Category : Data protection
Languages : en
Pages : 0
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Book Description
"This book analyzes the latest advancements and developments in personal data protection in the European Union"--
Author: Pierpaolo Marano
Publisher: Springer Nature
ISBN: 3030527387
Category : Bank marketing
Languages : en
Pages : 439
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Book Description
This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.--
Author: Orla Lynskey
Publisher: Oxford University Press
ISBN: 0191028061
Category : Law
Languages : en
Pages : 337
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Book Description
Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.
