Publicaties
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The era of pre-crime: How mass data surveillance and predictive policing intersect and interfere with privacy, data protection and due process rights in the EU KU Leuven
The thesis focuses on frameworks of mass data surveillance for predictive policing purposes and questions their lawfulness under EU primary law. Mass data surveillance refers to the general and untargeted processing of various types of personal data initially collected by the private sector, for safeguarding national and public security and combatting serious crime and terrorism. In the EU, such mass data surveillance frameworks engage at least ...
Privacy & data protection : verweven maar toch sterk verschillend Vrije Universiteit Brussel
Deze bijdrage gaat in op de juridische conceptualiseringen van respectievelijk privacy en data protection. Met het Handvest van de Grondrechten van de Europese Unie, dat beide rechten in een afzonderlijk artikel erkent, is duidelijk geworden dat de bescherming van het privéleven van individuen en de wettelijke normering van het verwerken van persoonsgegevens minstens vanuit formeel oogpunt dienen te worden onderscheiden. In deze bijdrage zullen ...
European Data Protection and the Haunting Presence of Privacy Vrije Universiteit Brussel
Since it first appeared in the 1960s, the legal notion of personal data protection has been living in the shade of the term privacy. Whereas in the United States (US) the regulation of the processing of information related to individuals was solidly framed under the privacy tag as early as the beginning of the 1970s, European legal orders were witnessing the emergence of concurring labels. Eventually, a genuinely European legal construct was to ...
Precaution and privacy impact assessment as modes towards risk governance Vrije Universiteit Brussel
This paper - which is the 5th chapter of the book edited by René Von Schomberg - contends that PIAs (privacy impact assessments) are an instrument of risk governance that should, therefore, be understood and implemented within the framework of the precautionary principle. Precaution is the best theoretical framework of action in the face of uncertain risks. After considering the precautionary principle from a conceptual point of view, this paper ...
Depth Configurations and Privacy. Proximity, Permeability and Territorial Boundaries in Urban Projects KU Leuven
In this paper, depth is considered the main parameter to measure the quality of urban space: it refers to the gradual sequence between adjacent, overlapped or integrated private or public territories in urban projects. This paper pronounces a theoretical and conceptual discourse about the organisation and depth of collective spaces, tested by rereading historical and contemporary urban projects. Theories and models of proximity, permeability ...
A behavioural alternative to the protection of privacy Vrije Universiteit Brussel
This contribution argues that a new category of ‘tools’ for the protection of privacy – i.e. behavioural protections – merit academic recognition and analysis, and safeguarding against their possible prohibition or discouragement by both the state and the private sector. Behavioural protections concern the adjustment of human behaviour in order to protect one’s privacy. They complement the traditionally recognised regulatory (legal), ...
A behavioural alternative to the protection of privacy Universiteit Gent
This contribution argues that a new category of ‘tools’ for the protection of privacy – i.e. behavioural protections – merit academic recognition and analysis, and safeguarding against their possible prohibition or discouragement by both the state and the private sector. Behavioural protections concern the adjustment of human behaviour in order to protect one’s privacy. They complement the traditionally recognised regulatory (legal), ...
Can privacy impact assessment mitigate civil liability? A precautionary approach Vrije Universiteit Brussel
Privacy impact assessment (PIA) is now considered an important tool to address privacy challenges of the digital era. Unless PIA is already mandatory, regulators need to provide incentive to both public and private sector to conduct PIA and thus a potential limitation or even exclusion of civil liability seems attractive. In this paper we try to understand why PIA can impact this liability by going back to its foundation, i.e. the precautionary ...