Fine anno 2021

Coronavirus emergency and privacy: valid the juridical approach to the GDPR

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: ...

19 March 2020 · 10 min · NicFab
GDPR & Privacy

GDPR and privacy: awareness and opportunities - Reasoned analysis of personal data protection between ethics and cybersecurity

“GDPR and privacy: awareness and opportunities. Reasoned analysis of personal data protection between ethics and cybersecurity” is the title of my new book published yesterday by Goware. The volume - with a preface by Giovanni Buttarelli (European Data Protection Supervisor - EDPS) - is available on Amazon both in digital version and paper or printed version. It will soon also be available on other digital stores. This is the abstract: Today we increasingly hear about data protection: but what does it mean, what value do data have and why should they be protected? The book takes us on a journey through the new discipline introduced by EU Regulation 2016/679 (GDPR) to help us understand its historical evolution, the ethical and legal principles that guide it and the obligations related to processing. Central is the theme of IT security, with specific reference to the most current communication methods introduced by the use of the Internet and the development of new tools that offer us connection possibilities through smartphones, email and social networks, posing, however, severe risks, especially for minors. The new technological frontiers (blockchain, IoT, big data, artificial intelligence, drones) are therefore examined, which require necessary awareness also for the purpose of a correct ethical approach to the theme. An impressive regulatory bibliography constitutes a useful guide for those who wish to deepen this fundamental theme of our time. The theme of awareness in the field of personal data protection is truly relevant. On this topic I refer to the post published a few days ago on this blog. ...

28 May 2019 · 2 min · NicFab
Fine anno 2021

GDPR one year later: awareness firstly

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. ...

26 May 2019 · 5 min · NicFab