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Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper explains how the concept of personal data should be delimited. Certainty on this matter is crucial, as it determines the material scope of the data protection obligations. The primary boundary delimiting the scope of personal data is the requirement that personal data 'relate to' an individual. The courts of the UK and the EU have sought to delineate this boundary, but there are serious difficulties in the present approaches that have emerged thus far. Two possible ways forward are suggested, taking into account the implications of the direct application of the GDPR in the UK. [ABSTRACT FROM AUTHOR]

The paper deals with the issue of using genetic tests for insurance purposes. After introductory remarks, the paper provides an overview of various international and European legal sources both on data protection in general, and on the protection of data from genetic tests. The paper then researches into different solutions proposed by comparative law concerning the use of data from genetic tests for insurance purposes. Some solutions explicitly ban the use of genetic tests for insurance purposes (France, Austria, Portugal, Croatia), while others adopt a more liberal approach, allowing for its use (the USA, the UK, Germany). It is concluded that personal data protection does not exclude the possibility using data from genetic tests for insurance purposes, which proves the need for a common EU approach to the issue. [ABSTRACT FROM AUTHOR]

Purpose: The aim of the article is to analyse the processing of personal data of air passengers during the SARS-CoV-2 pandemic in the context of doubts that have arisen in connection with the need for these passengers to provide their personal data as part of filling out the Passenger Location Card questionnaire. Method: The research method used in this study is case study. Findings: In the study, it was showed that firstly, the data of air passengers processed in relation to the application of the Passenger Location Card by the State Border Sanitary Inspectorate in Warsaw should be protected under the provisions of the General Regulation on the protection of personal data. Furthermore, their controller, i.e. the State Border Sanitary Inspectorate in Warsaw, did not fulfil its obligations in this regard. This, in effect, justifies the conclusion that the processing process not in accordance with the law on the protection of personal data. Research and conclusions limitations: The analysis concerned only passengers of aircrafts arriving and/or departing from airports located on the territory of the Republic of Poland. Practical implications: The analysis carried out in this study may provide a solution to the issues that have arisen in the public sector with regard to the processing of personal data collected from air passengers on the basis of the Passenger Location Card questionnaire and thus, the conclusions may prove useful for data controllers who should be aware of such problems, but also for air travellers as data subjects who should be protected by the General Data Protection Regulation and their rights in this regard. Originality: This analysis, if only for the reason that it is an analysis of a problem that has come to light relatively recently (March 2020), has so far, only been the subject of consideration in press articles. Type of paper: Problem article. [ABSTRACT FROM AUTHOR]

This paper introduces the strategic approach to regulating personal data and the normative foundations of the European Union's General Data Protection Regulation ('GDPR'). We explain the genesis of the GDPR, which is best understood as an extension and refinement of existing requirements imposed by the 1995 Data Protection Directive; describe the GDPR's approach and provisions; and make predictions about the GDPR's implications. We also highlight where the GDPR takes a different approach than U.S. privacy law. The GDPR is the most consequential regulatory development in information policy in a generation. The GDPR brings personal data into a detailed regulatory regime, that will influence personal data usage worldwide. Understood properly, the GDPR encourages firms to develop information governance frameworks, to in-house data use, and to keep humans in the loop in decision making. Companies with direct relationships with consumers have strategic advantages under the GDPR, compared to third party advertising firms on the internet. To reach these objectives, the GDPR uses big sticks, structural elements that make proving violations easier, but only a few carrots. The GDPR will complicate and restrain some informationintensive business models. But the GDPR will also enable approaches previously impossible under less-protective approaches. [ABSTRACT FROM AUTHOR]

Personal data are new assets in the digital economy. While personal data are protected by GDPR in the European Union, its economic value is not protected. Unless, the economic value of personal data is addressed in legal systems of Member states, the interests of people are not fully covered. The article aims to fill the vacuum by introducing new property right to data, the dualistic data property rights. The dualistic data property right is conceptually inspired by Copyright. The article proposes the character and content of the right that is in line with existing legal system and GDPR as well. The authors embark on analyses of all aspect of the dualistic property right and its benefits for the digital economy. [ABSTRACT FROM AUTHOR]

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

On 25 May 2018, the EU General Data Protection Regulation (GDPR) will come into force. As with the Data Protection Directive (95/46/EC), the regulation of biobanks for scientific research will be profoundly affected by this reform. Accordingly, a comparative survey of some of the existing national regulatory frameworks is of value to aid understanding of whether and how EU Member States will need to realign their systems to ensure compliance with the new Regulation. This article provides a comparison of the positions of Member States in the Mediterranean and Eastern European area, focusing especially on the existing regulatory framework on biobanks, the definition of personal and genetic data, the pseudonymization process, the processing of personal data for medical research purposes (and its impact on the right to consent of the individuals involved) and the secondary use of such data. The article concludes that effective implementation of the EU GDPR will represent a decisive catalyst for adaptive harmonization of biobanks regulation in the European framework. [ABSTRACT FROM AUTHOR]