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(Series Information) European Papers - A Journal on Law and Integration, 2024 9(2), 621-640 | Article | (Table of Contents) I. Introduction. – II. Technological and legal aspects of biometrics. – II.1. Technological aspects and the application of biometrics in the EU. – II.2. Biometric legal framework. – III. Frontex’s biometric policy and fundamental rights. – III.1. Frontex role and legal obligations concerning biometrics. – III.2. Technology foresight on biometrics for the future travel. – IV. Conclusion. | (Abstract) This Article provides an assessment of the biometric policy of the European Border and Coast Guard Agency (Frontex) and its consequences for the fundamental rights of migrants. It provides an overview of the technological aspects of biometrics, their application, and the legal framework in the context of the Area of Freedom, Security and Justice. This sets the background for an analysis of how and why Frontex uses biometrics to advance its goals. This Article analyses policy papers, legal provisions, and other sources, but particularly the Technology Foresight on Biometrics for the Future of Travel, a report on biometrics published by Frontex. This Article concludes that Frontex fails to account for the consequences of its biometric policy on fundamental rights when considering the effects of biometric technologies for the future.

The article describes an educational activity that uses personal data to create a poetic narrative and reflect on the relationship between humans and technology. "Poetic narratives," built on the concept of "infopoetry," transform data into evocative narratives through visual, audiovisual, and material languages. The main goal is to aesthetically represent data as a means of expression and interaction with technology. The activity is part of a Communication Design course at Politecnico di Milano, which focuses on: information design, data visualization, statistics, and semiotics for a critical approach to data and design. "Algorithmic you" explores the design of narrative objects to contemplate data rather than analyze it. Students are invited to collect their personal data from everyday devices and platforms, such as pictures on their phones or data on social media, and concepts such as mirrors and glitches guide the inquiry to narrate with objects that straddle art and design their own experience and relationship with technology. The activity encourages students to reappropriate and reframe data to design an expressive language that explores the complex relationships between people, data, and algorithms. Student work examples show various data design practices, such as transforming text into images or vice versa.

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Following its approval by the European Parliament in April 2022, the Data Governance Act (DGA) introduces regulation for the providers of data intermediation services. The Regulation seeks to empower data subjects and ensure the competitiveness of the markets in which data intermediaries operate. After providing the necessary background, this paper aims at offering a first general overview, from a private law standpoint, on both merits and limitations of the regulatory approach on data sharing adopted by the DGA. It outlines questions that need to be addressed in order to verify that the Regulation delivers the benefits it promises. In seguito alla sua approvazione, nell’aprile 2022, da parte del Parlamento europeo, il Data Governance Act (DGA) ha introdotto una normativa rivolta ai fornitori di servizi di intermediazione dei dati. Il regolamento mira a garantire agli interessati maggior controllo sui propri dati, nonché la competitività dei mercati in cui operano gli intermediari di dati. Il presente saggio, svolte alcune doverose premesse, intende offrire una prima panoramica generale sui pregi e sui limiti dell'approccio normativo, adottato dal DGA, al tema della condivisione dei dati, dal punto di vista del diritto privato. Lo scritto individua le questioni che devono essere affrontate al fine di verificare se il regolamento è realmente idoneo a perseguire i benefici promessi

The contribution aims to investigate, from the perspective of the private law scholar, the complex issue of cloud computing. The author dwells on the potential of this technology not only for the benefit of users and businesses, but also for the service of the public administration in the declared perspective of the search for a sustainable digital environment. Next, the author analyses, in light of the recent European legal innovations, the main problems, with particular focus on the protection of personal data entrusted to the cloud, trying to hypothesise a new key to interpretation in order to propose new contractual models and reach a renewed responsibility of the cloud service providers. Il contributo si propone di indagare, dalla prospettiva dello studioso di diritto privato, il complesso tema del cloud computing. L’autore si sofferma sulle potenzialità di questa tecnologia non solo a vantaggio di utenti e imprese, ma anche al servizio della pubblica amministrazione nella dichiarata prospettiva della ricerca di un ambiente digitale sostenibile. In seguito l’autore analizza, alla luce delle recenti novità legislative europee, le principali problematiche, con particolare riferimento alla protezione dei dati personali affidati al cloud, cercando di ipotizzare una nuova chiave di lettura per proporre nuovi modelli contrattuali e giungere a una rinnovata responsabilità dei fornitori di servizi cloud.

This paper examines the legal challenges surrounding the treatment of personal data as a market commodity, with a specific focus on China's experience. The study begins with a comprehensive literature review and outlines the methodology employed. The paper then delves into the gradual construction of personal data protection in China, highlighting the evolution of laws and regulations in response to the growing importance of personal data protection in the digital age. It explores the development of legal frameworks and the establishment of regulatory bodies to safeguard individuals' personal information. This paper provides a comprehensive analysis of the theoretical framework surrounding the treatment of personal data as a market commodity in China. It highlights the gradual construction of personal data protection, explores the use of private law tools, and examines the economic circulation of personal data. Additionally, it discusses the role of public governance tools and offers insights into the challenges and potential solutions in this evolving landscape. Il presente lavoro esamina le questioni legate all’ inquadramento dei dati personali come bene, con un'attenzione specifica all'esperienza cinese. Lo studio inizia con un'ampia rassegna della letteratura e delinea la metodologia impiegata. Si addentra poi nella graduale costruzione della protezione dei dati personali in Cina, evidenziando l'evoluzione di leggi e regolamenti in risposta alla crescente importanza della protezione dei dati personali nell'era digitale. L’articolo fornisce infine un'analisi completa del quadro teorico che circonda il trattamento dei dati personali come merce di mercato in Cina. Mette in evidenza la graduale costruzione della protezione dei dati personali, esplora l'uso di strumenti di diritto privato ed esamina la circolazione economica dei dati personali. Inoltre, discute il ruolo degli strumenti di governance pubblica e offre approfondimenti sulle sfide e sulle potenziali soluzioni in questo panorama in evoluzione.

Çerezler, internet üzerindeki gezinti üzerinde pozitif ve negatif olmak üzere önemli etkilere sahiptir. Genel olarak web üzerindeki gezinti performansını artırmayı amaçlayan çerezler, aynı zamanda gezinti takibi yaparak hedefli reklamcılık uygulamalarında ya da profilleme faaliyetlerinde de kullanılmaktadır. Bu yüzden çerez uygulamaları, veri koruma hukukunun önemli bir alanını oluştururlar ve AB mevzuatında düzenlenmişlerdir. 2021 yılında Google’ın çerezlerin yönetimine dair yapmış olduğu uygulamalara dair şikayetler, Fransız Veri Koruma Otoritesi (CNIL) tarafından soruşturulmuş ve Google’ın iki şirketine toplam 150 milyon Euro para cezası verilmiştir. Söz konusu karar, çerezlerin nasıl konumlandırılması gerektiğine ve yönetimine dair önemli tespitlere yer vermektedir. Makalemizde söz konusu karar ele alınacak ve karardan yola çıkarak Türk hukukunda çerezlerin düzenlenmesine ilişkin önerilere yer verilecektir.

The current study seeks to highlight the most important pillars on which the prior licensing system is based; which was mentioned by the Algerian legislator in Law No.18-07 related to the Protection of natural persons in the field of data processing of a personal nature, as it became necessary to provide the maximum possible protection for the rights of the rights of the person concerned by activating.

The study addresses the issue of the personal data portability, in the perimeter of the exercising of the data subject’s right of access to personal data collected and processing by personal data controllers, as outlined in the text of art. 15 of Regulation no. 679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The exercise of the right of personal data portability does not imply merely insular effects, since it consequentially engages archipelago effects, as it is at the forefront of the effective exercise of other essential rights of the data subject, in the light of the GDPR and Directive 2019/770 provisions, implicitly conditioning, to a considerable extent, the exercise of the right of access to personal data, the right to rectification of personal data and the right to oppose the processing of personal data. The subject’s control exercised over the personal data processing concerning the active participation of the data subject in updating his / her preferences in terms of consenting to personal data processing, including the decision to port the personal data to another controller, find their normative expression in the binomen represented by the data subject’s right of access and the right of data portability. Data portability requires the implementing of pertinent technical standards, in terms of adequacy and appropriateness of mechanism aimed at the facilitating of the transfer from one data controller to another, such as the ability to export user data into a user-accessible local file, thus promoting interoperability, as well as facilitating searchability and data subject’s effective control over data processing.

The right to the protection of personal data is a fundamental right that must be protected at European and global level, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, General Regulation on Data Protection (RGPD / GDPR), reformed the framework regarding the protection of personal data, ensuring clear conditions of processing and certainty for the processing of personal data of persons in safe conditions. The article analyzes the conditions to be met, according to the RGPD / GDPR for the processing of personal data when the legal basis for the processing is Article 6 (1) (b) of the RGPD / GDPR, ie when the processing of personal data is necessary to perform a contract to which the data subject is a party or to take action at the request of the data subject before concluding a contract, with some correlations and other legal grounds for processing; the article also highlights some relevant European case law.

The article deals with the issues of personal data protection in the Catholic Church in Poland. It presents to what extent the Catholic Church is obliged to apply Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of personal data and on the free movement of such data, and repealing Directive 95/46/EC and what are its requirements to its internal regulations. Reference was also made to the content of the Decree of the Polish Episcopate on the protection of personal data of March 13, 2018.

Kişisel verilerin korunması hukuku, son elli yılda dünyada, son yirmi yılda da Türkiye’de önemli gelişmelerin olduğu bir alandır. Bu gelişmeler, enformasyon çağının getirdiği büyük dönüşümlerin etkisi ile yoğunlaşmakta ve ülkeler kişisel verilerin korunması için hukuki mekanizmaların etkinliğini artırmaya çalışmaktadır. Hukuki düzenlemeleri etkileyen temel hususlardan biri ise kişisel verilerin hukuki nitelendirmesindeki farklılıklardır. Bu nitelendirme farklılıkları temellerini ülkelerin sosyal, tarihî, hukukî tecrübelerinde bulur. Bu farklılıkların önemi kişisel veri koruma hukukunun ana çerçevesinin belirlenmesi bakımından ortaya çıkar. Kişisel verilerin ekonomik yanına ağırlık veren görüşler olduğu gibi korumanın temelinin insan hakları üzerinden olması gerektiğini savunan görüşler de mevcuttur. Bu makalede bu görüşlerin temel hareket noktaları karşılaştırmalı olarak sunulmuştur. Bu farklılıkların açıkça anlaşılması için farklı hukuk sistemlerinde verilmiş ve bu sistemlerin benimsediği farklı hukuki korumaların daha açık anlaşılması için bazı yargı kararları ele alınmıştır. Kişiliğe ve insana bağlı değerlerin kişilik hakkı çerçevesine girebileceği düşüncesinden hareketle kişisel verilerin korunmasının temeli kişilik hakkının korunması ile birlikte değerlendirilmiş ve Türk Medeni Kanunu’nda kişiliği koruyan hükümler ile kişisel verilerin korunması mevzuatı arasındaki ilişki ortaya konulmuştur. Bu ilişkiye dair değerlendirmeler hukuka uygunluk sebepleri ile kişiliği koruyucu davalar bakımından ele alınmış, bu hususların kişisel verilerin korunması hukukunda karşılık geldiği düzenlemeler tespit edilmiştir.

The issue of acquiring large amounts of data and creating large sets of digital data, and then processing and analyzing them (Big Data) for the needs of generating artificial intelligence (AI) solutions is one of the key challenges to the development of economy and national security. Data have become a resource that will determine the power and geopolitical and geoeconomic position of countries and regions in the 21st century. The layout of data storage and processing in distributed databases has changed in recent years. Since the appearance of hosting services in the range of ICT services, we are talking about a new type of ASP (Applications Service Providers) – provision of the ICT networks as part of an application). Cloud Computing is therefore one of the versions of the ASP services. The ASP guarantees the customer access to a dedicated application running on a server. Cloud Computing, on the other hand, gives the opportunity to use the resources of a shared infrastructure for many users simultaneously (Murphy n.d.). The use of the CC model is more effective in many aspects. Cloud Computing offers the opportunity to use three basic services: data storage in the cloud (cloud storage), applications in the cloud (cloud applications) and computing in the cloud (compute cloud). Website hosting and electronic mail are still the most frequently chosen services in Cloud Computing. The article attempts to explain the responsibility for content stored in the Cloud Computing.

Background: the enactment of General Data Protection Regulation (EU) 2016/679 (GDPR) has an impact on projects co-financed by European funds because they use personal data of members of the target group, of representatives of economic operators submitting tenders in procurement procedures. but also of the staff involved in the implementation of the project. Our concern is that although the beneficiaries of European funds are obliged to comply with these rules, the Management Authorities in Romania are not a good example in this regard. Our objective is to highlight the GDPR principles that are not applied by the Romanian Management Authorities and that affect the protection of personal data. Method: analysis of the requirements imposed by the GDPR. The result: although the GDPR clarifies the use and management of personal data, these rules are not followed uniformly by all institutions involved in the process of using and managing European funds. The conclusion is that the observance of the GDPR principles and by the institutions that manage the European funds in Romania, will make an important contribution to the protection of personal data.

The paper focuses on the effectiveness of legislation regulating the security of storage, processing, and transfer of personal data. As the main thesis, we assume that it is necessary to give a legal definition of the concept of personal data to build specific legal norms of a protective nature. We describe, examine, and evaluate the provisions of international regulatory legal acts that define the concept mentioned above and correlate with Russian legislation provisions. We thoroughly consider the opinions of scientists on the issue with the justification of our assessments and judgments. The results of the study can be considered recommendations on understanding the definition of personal data, as well as proposals for their protection and development of the system of legal regulation of personal data turnover in various jurisdictions.

The purpose of this paper is to address some legal challenges posed by the new scenarios of international collaboration in genetic research. From the perspective of private international law, we will take care to reflect on the territorial application of legislation for obtaining and managing biomedical research data. Three basic statements we must make: first, the research data in human genetics are personal data; secondly, thus considered, research in human genetics is subject to the current regulations on the protection of personal data; and, third, these new scenarios of international collaboration in genetic research are objectively translated into the promotion of international transfers of personal data. Thus, in the following pages we will deal with the legal regime of protection for the determination of the law applicable to international transfers of personal data provided in Directive 95/46 EC and in the General Data Protection Regulation of The EU.

Advertising platforms are new agents of intermediation that create new efficiencies by aggregating unorganized markets, and proposing centralized markets to serve widely dispersed individuals and organizations. Market aggregation provides effective information for platform users who were previously engaged in random interactions, often without access to reliable or up-to-date information. Although online advertising cannot be reduced to Google and Facebook, these players are nonetheless essential intermediaries controlling a large part of the market and thus deserve special attention.

Kişisel verilere yetkisiz erişim ve bu verilerin yetkisiz kişi ve kuruluşlarca kullanımları, günümüz dünyasında öne çıkan sorunlardan biri olarak algılanmaktadır. Bu bağlamda konunun mahremiyet (gizlilik) kavramı çerçevesinde değerlendirilmesi ve toplumun her kesiminde konuya yönelik farkındalığın oluşturulması önem taşımaktadır. Bu çalışma, günlük hayatlarında çoğunlukla dijital ortam ile etkileşim içinde olan kullanıcı gruplarından biri olan öğrencilerin konuya ilişkin algı ve farkındalık düzeylerini ortaya çıkarmayı amaçlamaktadır. Belirtilen amaç doğrultusunda, aldıkları lisans eğitiminin bir sonucu olarak kurumlarda kişisel verilerin yönetimi ile ilgili süreçlerde yer alma potansiyeli taşıyan Hacettepe Üniversitesi Bilgi ve Belge Yönetimi Bölümü öğrencileri analiz edilmiştir. Bu kapsamda öğrencilerin dijital ortamlardaki mahremiyet ve kişisel veri algıları ile ilgili web tabanlı bir anket, literatür taramasından yararlanılarak geliştirilmiştir. 34 sorudan oluşan web tabanlı bu anket 280 öğrenciye gönderilmiştir. 151 öğrenci tarafından yanıtlanan anket ile öğrencilerin kişisel veri mahremiyeti farkındalıklarına yönelik bulgular elde edilmiştir. Çalışma sonuçlarında öğrencilerin neleri kişisel veri olarak algıladıkları, konuyla ilgili farkındalık eksiklikleri ve karşılaşabilecekleri olası durumlara yönelik ne tür önlemler aldıkları vurgulanmıştır.

The digital community threatens the illegal treatment of personal data, via social media, that is enabled, thanks to the development of digital technologies, which ensures the rapid circulation of data, such as text or images. However, this treatment requires constitutional, legislative and judicial protection, because it is considered an attack on private life, which does not eliminate the possibility of conditional treatment with the consent of the data owner, and by respecting the obligations of dignity and humanity. This protection comes under threat when a conflict occurs, that needs to find a balance with other fundamental rights, like freedom of expression and the press. However, the real difficulty is how to determine who is responsible for the damage due to the multiplicity of internet's interlocutors, technical intermediaries, access providers and content provider, the primary responsible for the disclosure of information. The situation is even more complicated, due to the difficulty of determining the applicable law, related to the global aspect of internet sites, as they are outside the limits of each country’s sovereignty, which can induce us in the “dark net” where no law applies. Hence, digitization challenges could be faced by concluding an international agreement, such as the European rule of 2018, as well as adopting the soft law, for it represents mechanisms and directives more than laws, with a preventive effect, in a world that could not be governed by a law with classic aspects.

The digital community threatens the illegal treatment of personal data, via social media, that is enabled, thanks to the development of digital technologies, which ensures the rapid circulation of data, such as text or images. However, this treatment requires constitutional, legislative and judicial protection, because it is considered an attack on private life, which does not eliminate the possibility of conditional treatment with the consent of the data owner, and by respecting the obligations of dignity and humanity. This protection comes under threat when a conflict occurs, that needs to find a balance with other fundamental rights, like freedom of expression and the press. However, the real difficulty is how to determine who is responsible for the damage due to the multiplicity of internet's interlocutors, technical intermediaries, access providers and content provider, the primary responsible for the disclosure of information. The situation is even more complicated, due to the difficulty of determining the applicable law, related to the global aspect of internet sites, as they are outside the limits of each country’s sovereignty, which can induce us in the “dark net” where no law applies. Hence, digitization challenges could be faced by concluding an international agreement, such as the European rule of 2018, as well as adopting the soft law, for it represents mechanisms and directives more than laws, with a preventive effect, in a world that could not be governed by a law with classic aspects.

Copyright of Galatasaray Üniversitesi Hukuk Fakültesi Dergisi is the property of GALATASARAY UNIVERSITESI HUKUK FAKULTESI 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.)

The entry into force of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, commonly referred to as the General Data Protection Regulation will lead to significant changes in the domestic commercial environment. The present study aims to analyse the main problems that Romanian companies will face. In this respect, a section is dedicated to the theoretical and practical aspects of the new regime of consent, which, under the rule of the Regulation, can no longer be tacit. Similarly, attention is paid to problems concerning the obligation to appoint a Data Protection Officer. This obligation implies significant changes in the companies’ internal affairs. The final part of the article is dedicated to the systematization of a generally applicable compliance rules, to aid Romanian in their feat of insuring proper respect for Personal Data. The main purpose of the present study is to create a proper practical plan to facilitate the fulfilment, by Romanian businesses, under the Regulation.

Data portability is a fluid concept that can be used in multiple contexts and can be defined in various ways. In the EU General Data Protection Regulation, it is given the legal status of a data subject right. The key objectives of the right to data portability in the GDPR are privacy, protection of personal data, and data subjects’ control over their data. However, it remains open how these goals materialise through the new-born right. This article suggests four possible ways in which the right to data portability could unfold in the future: (i) establishing control over personal data transfers, (ii) enabling (re)use of personal data, (iii) enabling better understanding of data flows, and (iv) facilitating equality and allowing the free development of personality. Data portability could increase transparency of data processing and could allow data subjects to control their online identities. It could also be instrumental in enhancing other rights and principles, such as equality. However, the provision on data portability in the GDPR faces many legal and practical constraints. The prospects of the right will depend on regulatory interpretation and interactions with other legal areas.

The protection of patients’ personal and medical data has always been an important subject for medical practice, with explicit regulations being implemented. Whether we are talking about civil and criminal codes or laws governing the medical profession, they all seek to protect fundamental human rights. The confidentiality of medical data is maintained even after the death of the patient, this aspect being governed since the profiling of the physician profession through the Hippocratic Oath. Discussions on privacy and confidentiality occupy an important place in sociological, medical, legal, ethical and anthropological literature. There are references to the benefits gained by improving accessibility to data as they migrate to computer environments. Along with the technological evolution, all of this data has been transferred to electronic systems. A major concern with the trend towards electronic health records focuses on protecting privacy and patient confidentiality (Vanderminden and Potter, 2016). Data transfer, as well as their processing through many computer systems belonging to different public and private entities, brings new challenges at the individual and social level. Under the protection afforded by the right of individuals to access to information and the current tendency to ease access to information, a number of institutions have created online portals that manage a huge amount of data. The way these data are processed in accordance with the rights of the individual remains an issue that is not fully resolved. On the occasion of a doctoral research on medical malpractice, I conducted the interrogation of the portal of Romanian courts (http://portal.just.ro). A huge amount of data can be obtained easily in a short time. In the context of the expected impact of the implementation of the GDPR (General Data Protection Regulation) in relation to the functioning of the public institutions, I conducted a qualitative research looking at how medical data and personal data are managed by the courts. Decisions of the courts published in the jurisprudence section have been analyzed. The paper analyzes the compliance of the judicial public institutions with the data protection legislation considered in the paradigm of institutional logic. We can assume that the individualistic principle exercised by the professional institution (the medical profession) can conflict and require a balancing with the utilitarian, collective principle, which can explain some of the state institution’s actions (courts of justice). GDPR aims to reinforce existing legal provisions. GDPR does not seem to bring about changes in the substance of laws or doctrines on data confidentiality, but appears to be a form of supra-state control. The way in which GDPR will influence policies and practices regarding the processing of personal and medical data will be analyzed with the passage of time.

Once with taking into effect of the General Data Protection Regulation (GDPR), the notion of personal data is defined by art. 4 point 1 of this Act, as follows: “personal data” means any information relating to an identified or identifiable natural person (“the data subject”); An identifiable natural person is a person who can be identified, directly or indirectly, through an identification element, such as a name, an ID number, address, or more specific elements of his physical, physiological, genetically, psychical, economic, cultural or social identity.” Romanian Constitution is a guarantor of personal values, liberty and safety of their citizens. The fundamental law and our Criminal Code are the protectors of human dignity and personal integrity. Personal data protection is an important subject to discuss nowadays because the evolution of society and technology had influenced private life of persons. Our Crime Code is penalizing the persons who violate the fundamental rights of another person.

In the recent years, the Internet has had an enormous influence on society, changed our lives radically statement fully justified given that sources of information and communication has never been more readily available to the public, no doubt that we are in full digital revolution. Taking into account that the Internet has become accessible and relevant in the late 90s, we can say that in legal terms it is nowadays a relatively new field that requires a large number of regulations, both at national and at European or world. A controversy often a meet at this time is the storage, protection and accessibility of personal data navigation. It is well known that this data is stored, processed and used by various software companies, search engines, browser engines, social networks and Internet service providers. Many of these companies use this private data to provide users with advertising items and personalized recommendations stated aim to facilitate their web surfing and to protect personal data, which itself can be interpreted as a violation of privacy and not as protect it.

Copyright of BMS: Bulletin de Methodologie Sociologique (Sage Publications Ltd.) is the property of Sage Publications Inc. 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.)

In the face of the contradictory imperatives of the smart city — personalizing everything while respecting the right to privacy, optimizing without rejecting — and in response to the new landscape, particularly the arrival of major data companies, the challenge now is to produce new models for regulating city data, ones that respect individuals and their freedoms.

This article examines the focuses on the relationship between personal data protection and information and communication technologies (ICTs). The aim is to advance a critical and communicational approach for investigating the status and the use of personal data in the digital age. Our work contextualizes the findings of other empirically grounded studies focusing on the industrialization and commodification of personal data. Using a two-pronged approach, we analyze how innovations in ICTs destabilize the regulatory context while simultaneously being used as a means to implement regulations in accordance with organizational principles described in texts from industries. Situating our discussion within the context of the internationalization of communication and markets, we are able to illuminate the influence of distributed monitoring, and socio-economic conflict on the protection of personal data.

In Québec, the Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information provides an exception to transparency to most public institutions where public health research is conducted by allowing them to not disclose their uses of personal data (often collected without the consent of those being studied). This exceptionalism is ethically problematic due to important concerns (e.g., protection of privacy and potential harms of secondary uses of data) and we argue that all those who conduct research should be transparent and accountable for the work they do in the public interest.

A prerequisite of the research of issues covered by this paper is the relevance of the existing problem of collecting and checking personal data of jury members (or jury member candidates) to verify information reported by them at the stage of jury formation. The purpose of this research is to define a link between checking the personal data of jury members and the legal nature of jury proceedings and to find a balance between the need to restrict access need to ensure the legal composition of the court. To address these issues, the paper studies doctrinal approaches of Russian and foreign scientific literature, uses analysis methods, legal-technical and comparative-legal methods. This research has found that collecting and verifying personal data of jury members is typical of Russian and foreign models of proceedings in a jury court. However, a balance between the need of such research and ensuring the independence of jury members in the Russian court practice is not always observed, which is caused by gaps in legal regulation. Therefore, it seems interesting to study approaches to legal regulation of such practice in foreign models (anonymous jury and conditions of disclosing data of jury members; restricting the right to collect data of jury members in the USA after adjuration). These research results are new since they have not been described in the Russian legal periodicals and monographic literature. New research results are represented by describing problems of obtaining information of jury members by prosecution authorities, which is relevant for Russia and has never been studied before.

Research background: The adoption of the GDPR Regulation prompted the introduction of a unified regulation on the protection of personal data and highlighted the need to implement security measures relating to information disseminated across businesses operating in several mainly European countries. In practice, the adopted internal standards at the group level are expected to be introduced to the internal environment of individual local subsidiaries. The need to take into account specificities of national legal systems, as well as a specific environment capable of creating a secondary response - a groundswell has also became important. The legal framework of privacy protection in relation to the confidentiality of information disclosed by employers thus represents a fundamental challenge for the interaction between global requirements and local legislation, taking into account the specific assumptions of the business entity concerned. Purpose of the article: The aim of the paper is to describe the range of problems and solutions regarding the process of introducing internal processes of business entities in terms of data security. Moreover, the paper also pays attention to personal data protection legislation. Methods: In an effort to achieve the set goal, the authors used analytical, inductive, deductive and comparative research methods in order to identify areas of problems in relation to intrusion into the privacy of individuals in the online environment and internal communication channels. By synthesising knowledge published in domestic and foreign literature it was possible to draw up the key terminology. Findings & Value added: The experience of the authors in setting up the internal environment of business entities with regard to the issues in question (personal data protection and security of information disclosed in connection with the decision-making power of national regulators) contributes to the knowledge in the given field.

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This article focuses on the growing role of the European Union in the control of the European space and the securitization of its external borders. It starts with an ana­lysif of the changes in the modes of public action in the field of security, underlining the shift from a « police » logic – based on the monopolisation of the legitimate means of physical coercion – towards a “policing” logic – which relies on the mass use of tech­niques of social control. Then, we question the impact of these developments on the na­ture of democracy relation, using as a case study the processing of Passenger Name Records (PNR) for law enforcement purposes. This casts a light on how security practices invade citizens’ daily lives, and suggests a re-evaluation of existing funda­mental rights, and in particular the rights of privacy and data protection.

The purpose of this article is to present the evolution of social control by computer technology, more often called digital technology, today. There has been an increasing concern for data protection over the past fifty years. Four areas of concern are: uses of personal information such as date of birth, account passwords, etc.; comprehensive global surveillance; self-presentation and the mediatisation of private information; and reclaiming anonymity and the protection of personal data. The main theme of this article is that the emergence of a new theme which does not replace older ones.

The protection of individuals regarding the processing of personal data and free movement of such data represents a growing concern of the States, but also of the EU bodies. At the level of EU Member States, the issue of protecting the individuals regarding the processing of personal data and free movement of such data poses no particular problems. Internationally and especially between the member states of the European Union, the existing regulatory framework no longer responds to theses needs such as: online activities, digital economy, internet banking, etc., being increasingly obvious the tendency of fragmentation of the movement of personal data.

“Personal data” means any information relating to an identified or identifiable natural person. Anidentifiable person is one who can be identified, directly or indirectly, in particular by reference to anidentification number or to one or more factors specific to his physical, physiological, mental, economic,cultural or social identity. There are different ways in which an individual can be considered ‘identifiable’. Aperson’s full name is an obvious likely identifier. But a person can also be identifiable from otherinformation, including a combination of identification elements such as physical characteristics, pseudonymsoccupation, address etc. International and national authorities tried to adopt different types of regulations inorder to protect individuals’ personal data and to inform them with respect to their rights. The legalprovisions are continuously changing according to the new realities (society and economy are changing,individuals are using different kind of communications). In order to have a strong protection of personal dataand unitary rules for all member states, the European Commission published in January 2012 a proposal for aGeneral Data Protection Regulation on the protection of individuals with regard to the processing of personaldata and on the free movement of such data, which will supersede Directive 95/46/EC. A regulation wasconsidered the most appropriate legal instrument to define the new framework for the protection of personaldata in the European Union: is directly binding upon the Member States, is directly applicable within theMember States and as soon as a regulation is passed, it automatically becomes part of the national legalsystem. The document shall be discussed by the European Parliament and the EU Member States meeting inthe Council of Ministers for discussion. The rules will take effect two years after they have been adopted.

The concept of privacy, seen in connection with the consumer's private space, and defined in terms of the specific personal data has gained an increasing importance, as a result of the organizations’ extended attempts, within their marketing efforts, to capture, process and use the consumers’ personal data. Paper explores the attitudes of the consumers regarding their personal data in terms of their disclosure, previous agreement consumers should grant to the companies or public institutions (authorities) processing them, employment, registration and processing by the companies, and buying products and/or services as a result of a direct approach.

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