Data Protection in a Profiled World

Gutwirth, Serge; Poullet, Yves; Hert, P.J.A. de

doi:10.1007/978-90-481-8865-9

Cited by 22 publications

(2 citation statements)

References 119 publications

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“…5, is one of the basic rules in the GDPR. Under Articles 15 (Rubin and Desser, 2008) h, and 14 (Gutwirth and Hildebrandt, 2010) g, data controllers must provide "meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing" to the data subject. But neither of these provisions seems to contain the right to get an explanation for a particular decision that has been made.…”

Section: Data Protection Lawmentioning

confidence: 99%

“…Profiling in general is "as old as life" (Gutwirth and Hildebrandt, 2010); it is the deduction of information based on some characteristics of an individual or a group of individuals, which are either known beforehand or also deduced. Generally, profiling may be based on different grounds: human experience, cultural stereotypes or statistical correlations.…”

Section: Introductionmentioning

confidence: 99%

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Challenges and Legal Gaps of Genetic Profiling in the Era of Big Data

Sariyar

Schlünder²

2019

Front. Big Data

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Profiling of individuals based on inborn, acquired, and assigned characteristics is central for decision making in health care. In the era of omics and big smart data, it becomes urgent to differentiate between different data governance affordances for different profiling activities. Typically, diagnostic profiling is in the focus of researchers and physicians, and other types are regarded as undesired side-effects; for example, in the connection of health care insurance risk calculations. Profiling in a legal sense is addressed, for example, by the EU data protection law. It is defined in the General Data Protection Regulation as automated decision making. This term does not correspond fully with profiling in biomedical research and healthcare, and the impact on privacy has hardly ever been examined. But profiling is also an issue concerning the fundamental right of non-discrimination, whenever profiles are used in a way that has a discriminatory effect on individuals. Here, we will focus on genetic profiling, define related notions as legal and subject-matter definitions frequently differ, and discuss the ethical and legal challenges.

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Section: Data Protection Lawmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Challenges and Legal Gaps of Genetic Profiling in the Era of Big Data

Sariyar

Schlünder²

2019

Front. Big Data

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A Brokering Framework for Assessing Legal Risks in Big Data and the Cloud

Compagnucci

Djemame

2017

New Technology, Big Data and the Law

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Cloud computing" and "Big Data" are amongst the most hyped-up terms and buzzwords of the moment. After decades in which individuals and companies used to host their data and applications using their own IT infrastructure, the world has seen the stunning transformation of the Internet. Major shifts occurred when these infrastructures began to be outsourced to public Cloud providers to match commercial expectations. Storing, sharing and transferring data and databases over the Internet is convenient, yet legal risks cannot be 1 eliminated. 1 Legal risk is a fast growing area of research and covers various aspects of law. Current studies and research on Cloud computing legal risk assessment have been, however, limited in scope and focused mainly on security and privacy aspects. 2 There is little systematic research on the risks, threats and impact of the legal issues inherent to database rights 3 and "ownership" rights of data. Database rights seem to be outdated and there is a significant gap in the scientific literature when it comes to the understanding of how to apply its provisions in the Big Data era. This means that we need a whole new framework for understanding, protecting and sharing data in the Cloud. The scheme we propose in this chapter is based on a risk assessment brokering framework that works side by side with service level agreements (SLAs). This proposed framework will provide better control for Cloud users and will go a long way to increase confidence and reinforce trust in Cloud computing transactions.

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The scrutinizing look on the impending proliferation of mandatory ORCID use from the perspective of data protection, privacy and freedom of science

Choraś

Jaroszewska-Choraś

2020

Interdisciplinary Science Reviews

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ORCID stands for the Open Researcher & Contributor ID. It is both the digital identifier (number) for scientists and researchers, and the name of the non-profit organization. ORCID wanted to solve the problem of name ambiguity by assigning a unique identifier to the interested researchers. It was started several years ago as a voluntary communitybased initiative. Currently ORCID has become an important player in science and publishing. The commonly observed situation now is that authors are asked or even forced (by publishers, universities or funding agencies) to register in ORCID, even if they do not want to. Therefore, the paper presents a use-case and discusses if there are any possible threats from ORCID's growing position and the policy to make it mandatory. The paper also raises the question if it is ethical to force anyone (including researchers) to open and register in ORCID or any other service.

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Data Protection in a Profiled World

Cited by 22 publications

References 119 publications

Challenges and Legal Gaps of Genetic Profiling in the Era of Big Data

Challenges and Legal Gaps of Genetic Profiling in the Era of Big Data

A Brokering Framework for Assessing Legal Risks in Big Data and the Cloud

The scrutinizing look on the impending proliferation of mandatory ORCID use from the perspective of data protection, privacy and freedom of science

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