Publicaties
Genetic Classes and Genetic Categories: Protecting Genetic Groups through Data Protection Law Vrije Universiteit Brussel
Each person shares genetic code with others. Thus, one individual’s genome can reveal information about other individuals. When multiple individuals share aspects of genetic architecture, they form a ‘genetic group’. From a social and legal perspective, two types of genetic group exist: Those which map to social groups – ‘genetic classes’ – and those which are perceived through interrogation of shared genetic code – ‘genetic categories’. Both of ...
Data Protection, Control and Participation beyond Consent - ‘Seeking the views’ of data subjects in Data protection Impact Assessments Vrije Universiteit Brussel
This Chapter analyses Article 35(9) GDPR, which requires controllers conducting Data Protection Impact Assessments (DPIAs) to seek the views of data subjects or their representatives on the intended processing 'where appropriate'. It discusses the benefits of data subjects' involvement in DPIAs, and how such involvement can be realised in practice. Legal perspectives are complemented by insights from Media & Communication Studies to ...
The proceduralisation of data protection remedies under EU data protection law: towards a more effective and data subject-oriented remedial system? Vrije Universiteit Brussel
The right to remedy breaches of data protection is laid down in both Directive 95/46/EC (Art. 22) and the Council of Europe Data Protection Convention no. 108 (Art. 8 (d)). Although data protection violations are remedied mainly at the national level, it is possible to identify a set of procedural rules on how to remedy data protection violations under EU law. Currently, there is a three-layered remedial system in place (composed of access ...
Many Have It Wrong – Samples Do Contain Personal Data: The Data Protection Regulation as a Superior Framework to Protect Donor Interests in Biobanking and Genomic Research Vrije Universiteit Brussel
Genomic research relies on the availability of genomic data. Detached biological samples, stored in facilities known as biobanks, are the source of this data. Donors have interests in these samples. In particular, donors have interests in samples by virtue of the personal data they contain. In relation to this observation, this article puts forward three arguments. First: The current European legislative framework relating to samples is ...
Online price discrimination and personal data: A General Data Protection Regulation perspective KU Leuven
The General Data Protection Regulation (GDPR) contains various provisions with relevance to online price discrimination. This article, which analyses a number of essential elements on this junction, aims to provide a theory on whether, and, if so, how the GDPR affects price discrimination based on the processing of personal data. First, the contribution clarifies the concept of price discrimination, as well as its typology and relevance for big ...
Data Protection & Privacy : Data protection and democracy Vrije Universiteit Brussel
The subjects of this volume are more relevant than ever, especially in light of the raft of electoral scandals concerning voter profiling.
This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the twelfth annual International Conference on Computers, Privacy and Data Protection, CPDP, held in ...
This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the twelfth annual International Conference on Computers, Privacy and Data Protection, CPDP, held in ...
We Have Always Managed Risks in Data Protection Law: Understanding the Similarities and Differences Between the Rights-Based and the Risk-Based Approaches to Data Protection Vrije Universiteit Brussel
Recent years have seen the emergence of a so-called risk-based approach to data protection. It is meant to address the purported shortcomings of the traditional EU data protection principles (such as data minimisation, purpose limitation, etc) with regard to evolving data processing practices (eg, profiling, big data). It does so by replacing these principles with risk analysis tools, the goal of which is to assess the benefits and harms of each ...