Data Protection

EDPS Model

The second report on the application of the General Data Protection Regulation (GDPR)

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The year is ending and I would propose some food for thoughts. Nowadays it seems that people are slaves of digital life, captured by devices and online social phenomena. What kind of phenomenon are we living? Is it a battle where people fight against digital contents provider or are we fighting against ourselves? Probably, it isn’t precisely a battle, but a matter of approach. The human uncontrollable desire to be potentially anywhere leads us to exalt the power of digital resources if we can be - although virtually - somewhere in the world together with others, showing our presence anyway. People, to realise this kind of digital desire, are available to unconditionally provide their personal data to everyone (developers or software provider) requires them. People can be excited by digital resources, but probably they don’t realise that in that way they risk being victims if it happens without awareness. We have always to balance the will to have any apps necessary to exhibit ourselves with the awareness about our personal data. What kind of addiction is it? Are we exaggerating, but above all, are we aware? Is it a human factor? The human factor is unpredictable and uncontrollable if not solely by our consciousness and awareness. We cannot discuss only in terms of abuse or misuse of personal data by developers and companies, but - above all - it is a matter of people’s awareness. Any organization or company has its own digital sovereignty and should act respecting human dignity firstly, consequently data protection laws and hence the “data protection by design and by default” principle. Generally speaking, respecting privacy and data protection should not mean to behave well only to avoid to be exposed to fines or sanctions but, essentially, to comply with the accountability principle, looking over, toward the right balance between ethics, human dignity and norms. ...

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 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. ...