Legal

The health emergency related to the #COVID19 pandemic is attracting particular attention in the privacy field, also about possible initiatives regarding the development of specific apps. Today, the European Data Protection Supervisor (EDPS) carried out an intervention entitled “EU Digital Solidarity: a call for a pan-European approach against the pandemic”. In particular, the EDPS intervention states The GDPR clearly states that the processing of personal data should be designed to serve mankind (it was the favourite quote from GDPR for my predecessor Giovanni Buttarelli). ...

The contribution has been published today by Broadband 4 Europe, here. 1. Introduction As is it well-known, the coronavirus pandemic (COVID-19) has profoundly changed our life, habits, communication and interaction between people, ways of working, etc. In essence, we are experiencing a situation that appears surreal because of the consequent behavioural rules that we are obliged to respect with social distancing to fight the battle of COVID-19. This pandemic situation, which in addition to Italy is leading many other states to adopt the most appropriate prevention measures, also entails a series of questions regarding the protection of personal data with which one must confront. The pandemic does not require new rules on the protection of personal data, except in the terms illustrated in more detail below, being sufficient to respect those currently in force. Moreover, in this sense is the statement of the Chair of the European Data Protection Board (EDPB), published on 16/03/2020 entitled “Statement of the EDPB Chair on the processing of personal data in the context of the COVID-19 outbreak”. Andrea Jelinek said: ...

To my work as a lawyer, I wanted to add that of research, combining legal skills with technical ones; it is not simple; indeed, it is very demanding.It is necessary to always keep in mind that researchers must conduct any research activity with scientific rigour and based on objective elements, without neglecting any other contributions already published. The in-depth study phase of research topics is particularly tricky as it is necessary to always pay maximum attention to the object of the analysis and to the aspects that are intended to be highlighted. ...

The Swedish Data Protection Authority fined a school to pay about 20,000.00 euros. The measure is currently available only in Swedish; therefore, we propose the news with a brief comment without further details. Facial recognition system. © Nicola Fabiano - All rights reserved What has it happened? A Swedish school used a facial recognition system on the students to verify their attendance. During the preliminary investigation by the Swedish supervisory authority, the school defended itself by stating that the students expressed their consent. The supervisory authority closed the investigation sanctioning the school. ...

For the second consecutive year, I participated in “The Eleventh International Conference on Evolving Internet - INTERNET 2019”, organised by the International Academy, Research, and Industry Association (IARIA) which was held in Rome from June 30th to July 4th 2019. Furthermore, my participation was also as the chair of the special track “RAIEDP: Robotics, Artificial Intelligence, Ethics and Data Protection” together with my colleague Filippo Bianchini (co-chair). I presented the contribution entitled “The Meaning of ‘Accountability’, ‘Responsibility’ and ‘Liability’ in the GDPR: Proposal for an Ontology”. ...

I am honoured to be a member of the Program Committee of the 8th International Conference on e-Democracy that will be held in Athens on 12-13 December 2019. Below the official communication. Spread the information the about the conference. Dear colleagues, Duetonumerous requests from potential authors, the submission deadline of 8th International Conference on e-Democracy: Safeguarding Democracy and Human Rights in the Digital Age has been extended to August 18, 2019. ...

Court of Justice of the European Union - PRESS RELEASE No 99/19 - Luxembourg, 29 July 2019. Here the document: https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-07/cp190099en.pdf

After one year, many people make evaluations, while others forecast or organise events. My purpose is not celebratory but purposeful and prodromal: what are the aspects concerning the protection of personal data on which it would be appropriate to reflect and which deserve further investigation? One of the most relevant aspects is undoubtedly the “awareness” that it means “to have exact consciousness about himself”. Among the principles laid down in the GDPR, the “accountability” (art. 5, paragraph 2) is the central pillar. The data controller or the data processor who has to respect the “accountability” principle must necessarily be aware of “having a perfect consciousness about himself” on the knowledge of the GDPR rules and principles. It is not about a purely technical-juridical knowledge that would favour the jurist in the application of the laws. Reading the GDPR often goes beyond the qualification of the rules of conduct that are part of the legal system: there is much more over. We cannot ignore the fundamental rights provided for by the European Charter and by the Convention 108 plus. ...

Some weeks ago I gave an interview to Ingenium Magazine and it has been published here. Grateful to Sonia Montegiove.

The IoT is innovative and important phenomenon prone to several services ad applications, but it should consider the legal issues related to the data protection law. However, should be taken into account the legal issues related to the data protection and privacy law. Technological solutions are welcome, but it is necessary, before developing applications, to consider the risks which we cannot dismiss. Personal data is a value. In this context is fundamental to evaluate the legal issues and prevent them, adopting in each project the privacy by design approach. Regarding the privacy and security risks, there are some issues with potential consequences for data security and liability. The IoT system allows us to transfer data on the Internet, including personal data. In this context, it is important to consider the new European General Data Protection Regulation (GDPR) - already in force from 24 May 2016 - that will be applicable on 25 May 2018. The GDPR introduces Data Protection Impact Assessment (DPIA), data breach notification and very hard administrative fines in respect of infringements of the Regulation. ...