 Subjects -> PATENTS, TRADEMARKS AND COPYRIGHTS (Total: 28 journals)
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- Demystifying data law in China: a unified regime of tomorrow
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Authors: Cai P; Chen L.
Pages: 75 - 92
Abstract: Key PointsOver the past 10 years, China’s data law regime has gradually come into shape to fulfil the dual purposes of data protection and utilization. Chinese data law is undergirded by three pillars, namely, ‘Cybersecurity Law’, ‘Data Security Law’, and ‘Personal Information Protection Law’.These laws employ a horizontal data classification schema and a vertical grading mechanism. The law mainly uses the classification method to analyse the narrowly defined data and the hierarchical vertical grading mechanism to manage personal information.The overall purpose of Chinese data law is to maintain and advance the physical security and juridical security of data. However, the interests underlying each legislation are quite different; the specific legal goals and normative values of each legislation also reveal structural differences.Although the internal structure of each data legislation is clear, there is controversy over whether, in practice, each legislation should be applied sequentially in each given situation instead of applying the different legislations simultaneously.Overall, while the basic framework of China’s data law has been established, it is worth observing that as it is still a relatively independent new legal field in China, improvements can be made to streamline its concepts, guiding philosophy, policy goals, and application.
PubDate: Fri, 25 Feb 2022 00:00:00 GMT
DOI: 10.1093/idpl/ipac004
Issue No: Vol. 12, No. 2 (2022)
- Quis custodiet ipsos custodes' Data protection in the judiciary in EU
and EEA Member States-
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Authors: Custers B; Louis L, Spinelli M, et al.
Pages: 93 - 112
Abstract: Key PointsCompliance with data protection legislation shall be subject to control by an independent authority, also for the judiciary. However, in order to safeguard the independence of the judiciary, both the General Data Protection Regulation and the Law Enforcement Directive explicitly state that national Data Protection Authorities are not competent to supervise courts ‘when acting in their judicial capacity’.In this article, the notion of ‘courts acting in their judicial capacities’ is analysed to determine whether any common understanding of this notion exists. Apart from legal analysis, empirical research (survey and interviews) was carried out in 30 countries (27 EU and 3 EFTA EEA Member States).The concept of ‘courts acting in their judicial capacity’ can be contrasted with ‘courts not acting in their judicial capacity’ (the functional interpretation) or with ‘other organizations’ (the institutional interpretation).The functional interpretation is followed by most countries and in fairly similar ways. The institutional interpretation is followed by some countries, but in very different ways and some practices raise concerns, such as limited or no supervision for the judiciary (interfering with Article 8 of the Charter) and supervision of the judiciary by the ministry of justice (potentially interfering with the separation of powers according to the trias politica).Altogether, there is to a large extent a common understanding of the notion of ‘courts acting in their judicial capacity’ and this is the functional interpretation. The institutional interpretation, however, may lead to a gap in data protection supervision of the judiciary.
PubDate: Thu, 20 Jan 2022 00:00:00 GMT
DOI: 10.1093/idpl/ipac002
Issue No: Vol. 12, No. 2 (2022)
- Complying with the GDPR when vulnerable people use smart devices
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Authors: Piasecki S; Chen J.
Pages: 113 - 131
Abstract: Horizon Centre for Doctoral Training at the University of Nottingham and the Engineering and Physical Sciences Research CouncilEP/L015463/1Engineering and Physical Sciences Research Council10.13039/501100000266EP/M02315X/1EP/T022493/1EP/R03351X/1
PubDate: Tue, 18 Jan 2022 00:00:00 GMT
DOI: 10.1093/idpl/ipac001
Issue No: Vol. 12, No. 2 (2022)
- The logical fallacies of the legal bases for data processing in and beyond
clinical trials-
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Authors: Pormeister K.
Pages: 132 - 142
Abstract: Key PointsThe European Data Protection Board's opinion on the interplay between the General Data Protection Regulation and the Clinical Trials Regulation (CTR) contains logical fallacies.The European Data Protection Board (EDPB) argues that consent is generally not an appropriate legal basis for the processing of personal data for primary research purposes in clinical trials due to a presumed imbalance of power between trial sponsor and participant, neglecting the fact that such an imbalance of power would render participation in the trial impossible in the first place.The EDPB insists that the CTR does not regulate consent to data processing, but only consent to trial participation, whereas article 28(2) CTR could be argued to establish a notion of consent for the secondary research uses of the personal data obtained for and during clinical trials.
PubDate: Fri, 11 Feb 2022 00:00:00 GMT
DOI: 10.1093/idpl/ipac003
Issue No: Vol. 12, No. 2 (2022)
- Artificial intelligence in health care: data protection concerns in
Malaysia-
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Authors: Dhali M; Hassan S, Zulhuda S, et al.
Pages: 143 - 161
Abstract: Goverance and Policy Design Research Lab of Prince Sultan University
PubDate: Thu, 24 Feb 2022 00:00:00 GMT
DOI: 10.1093/idpl/ipac005
Issue No: Vol. 12, No. 2 (2022)
- Correction to: Revisiting the definition of health data in the age of
digitalized health care-
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Pages: 162 - 162
Abstract: International Data Privacy Law 2022. https://doi.org/10.1093/idpl/ipab025
PubDate: Wed, 20 Apr 2022 00:00:00 GMT
DOI: 10.1093/idpl/ipac010
Issue No: Vol. 12, No. 2 (2022)
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