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Data protection by design: promises and, perils in crossing the Rubicon between law and engineering Vrije Universiteit Brussel
This article reports some main findings from a study of recent efforts towards building privacy and other fundamental rights and freedoms into smart ICT systems. It mainly focuses on the concept of ‘Data Protection by Design and by Default’ (DPbD), recently introduced by EU legislation, and as implemented through the new field of privacy engineering. We describe the new constellations of actors that gather around this legislative and ...
Legal protection by design: objections and refutations Vrije Universiteit Brussel
To cope with an increasingly proactive technological infrastructure a so-called 'vision of Ambient Law' has been proposed. It entails that lawyers and legislators should learn to articulate legal protection into the digital environment. It implies that rights to privacy, due process and non-discrimination warrant effective remedies beyond the written law. The lawmakers' Pavlov response of introducing yet another set of administrative rules will ...
The Social Web and Privacy: Practice, Reciprocity and Conflicts in Social Networks KU Leuven
© 2011 by Taylor and Francis Group, LLC. In the Social Web, the Internet and Web are coming into their own, offering an infrastructure for self-expression, information and communication to everyone regardless of their technical expertise. The Social Web comprises many facets: wikis, blogs, photographs/video/etc., portals, tagging systems, etc. Most of these have functionalities that allow “social networks” of people with shared interests or ...
Trustworthy Migrant-Centric Apps and Other ICT Tools: Data Protection as the Last Line of Defence Vrije Universiteit Brussel
The potential of deploying smartphone applications (apps) and other information communication technologies (ICTs) in the sphere of migration has gained significant attention in the last decade. Take, for example, tailored apps and their fundamental role in fostering migrants’ socio-economic integration in society. However, their deployment requires the processing of migrants’ personal data which holds specific human rights and data protection ...
A child’s right to be forgotten : letting go of the past and embracing the future? Ghent University
The European Union’s General Data Protection Regulation confirms the right of the data subject to have his or her personal data erased in its Article 17. Recital 65 GDPR clarifies that this right is particularly relevant where children have given their consent not being fully aware of the risks involved by the processing, and later want to remove personal data, especially on the Internet. Yet, the right to erasure is not absolute. When ...
An Overview of Runtime Data Protection Enforcement Approaches KU Leuven
A regulatory framework such as the GDPR succeeds in (i) providing clarity about the nature and the reach of fundamental rights to data privacy and the sovereign role of the data subject, (ii) raising broader awareness of the substantial impact of large-scale, contemporary software-intensive data processing operations on these rights and freedoms, and (iii) creating urgency and imposing gravity, by forcing organizations to take these rights and ...
Intertemporeel recht KU Leuven
Whenever an Act is changed, the question arises how to apply it intertemporally. Is the new Act applicable only to future situations? Or does it also apply to existing situations, or even to past situations? These questions (a.k.a. "intertemporal conflicts") are governed by a branch of law called "transition law". Sometimes the legislator solves these intertemporal conflicts via transition measures in the new Act ("explicit transition law"). ...
Taking the pulse of Earth's tropical forests using networks of highly distributed plots Ghent University
Tropical forests are the most diverse and productive ecosystems on Earth. While better understanding of these forests is critical for our collective future, until quite recently efforts to measure and monitor them have been largely disconnected. Networking is essential to discover the answers to questions that transcend borders and the horizons of funding agencies. Here we show how a global community is responding to the challenges of tropical ...
The vulnerable data subject: A gendered data subject? Vrije Universiteit Brussel
Vulnerability is an emerging topic in many different fields, but data protection and privacy discussions of vulnerability have rarely engaged with gender studies. This paper investigates the notion of the ‘vulnerable data subject’ from a gender perspective, to question whether gender should be regarded as factor of vulnerability at all, and, if yes, how. It also asks what do these reflections tell us about the (gendered or un-gendered) notion of ...