Keyword: Privacy

Privacy Bridges: EU and US Privacy Experts In Search of Transatlantic Privacy Solutions external link

Weitzner, D.J. & van Eijk, N.
2015

Abstract

The EU and US share a common commitment to privacy protection as a cornerstone of democracy. Following the Treaty of Lisbon, data privacy is a fundamental right that the European Union must proactively guarantee. In the United States, data privacy derives from constitutional protections in the First, Fourth and Fifth Amendment as well as federal and state statute, consumer protection law and common law. The ultimate goal of effective privacy protection is shared. However, current friction between the two legal systems poses challenges to realizing privacy and the free flow of information across the Atlantic. Recent expansion of online surveillance practices underline these challenges. Over nine months, the group prepared a consensus report outlining a menu of privacy “bridges” that can be built to bring the European Union and the United States closer together. The efforts are aimed at providing a framework of practical options that advance strong, globally-accepted privacy values in a manner that respects the substantive and procedural differences between the two jurisdictions. The report will be presented at the 2015 International Conference of Privacy and Data Protection Commissioners, which the Dutch Data Protection Authority will host in Amsterdam on 28-29 October 2015.

Grondrechten, Privacy

Bibtex

Report{nokey, title = {Privacy Bridges: EU and US Privacy Experts In Search of Transatlantic Privacy Solutions}, author = {Weitzner, D.J. and van Eijk, N.}, url = {http://www.ivir.nl/publicaties/download/1640.pdf}, year = {1021}, date = {2015-10-21}, abstract = {The EU and US share a common commitment to privacy protection as a cornerstone of democracy. Following the Treaty of Lisbon, data privacy is a fundamental right that the European Union must proactively guarantee. In the United States, data privacy derives from constitutional protections in the First, Fourth and Fifth Amendment as well as federal and state statute, consumer protection law and common law. The ultimate goal of effective privacy protection is shared. However, current friction between the two legal systems poses challenges to realizing privacy and the free flow of information across the Atlantic. Recent expansion of online surveillance practices underline these challenges. Over nine months, the group prepared a consensus report outlining a menu of privacy “bridges” that can be built to bring the European Union and the United States closer together. The efforts are aimed at providing a framework of practical options that advance strong, globally-accepted privacy values in a manner that respects the substantive and procedural differences between the two jurisdictions. The report will be presented at the 2015 International Conference of Privacy and Data Protection Commissioners, which the Dutch Data Protection Authority will host in Amsterdam on 28-29 October 2015.}, keywords = {Grondrechten, Privacy}, }

Datatransport – Hof EU nog steeds niet volwassen external link

Arnbak, A.
2015

Grondrechten, Privacy

Bibtex

Other{nokey, title = {Datatransport – Hof EU nog steeds niet volwassen}, author = {Arnbak, A.}, url = {https://www.axelarnbak.nl/2015/10/07/15e-column-financieele-dagblad-datatransport-hof-eu-nog-steeds-niet-volwassen/}, year = {1009}, date = {2015-10-09}, keywords = {Grondrechten, Privacy}, }

Freedom of Expression and ‘Right to Be Forgotten’ Cases in the Netherlands after Google Spain external link

Zuiderveen Borgesius, F.
European Data Protection Law Review, num: 2, pp: 113-125., 2015

Abstract

Since the Google Spain judgment of the Court of Justice of the European Union, Europeans have, under certain conditions, the right to have search results for their name delisted. This paper examines how the Google Spain judgment has been applied in the Netherlands. Since the Google Spain judgment, Dutch courts have decided on two cases regarding delisting requests. In both cases, the Dutch courts considered freedom of expression aspects of delisting more thoroughly than the Court of Justice. However, the effect of the Google Spain judgment on freedom of expression is difficult to assess, as search engine operators decide about most delisting requests without disclosing much about their decisions.

Data protection law, european court of justice, Freedom of expression, google spain, Grondrechten, Privacy, right to be delisted, right to be forgotten, search engines, the netherlands, Vrijheid van meningsuiting

Bibtex

Article{nokey, title = {Freedom of Expression and ‘Right to Be Forgotten’ Cases in the Netherlands after Google Spain}, author = {Zuiderveen Borgesius, F.}, url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2652171}, year = {0917}, date = {2015-09-17}, journal = {European Data Protection Law Review}, number = {2}, abstract = {Since the Google Spain judgment of the Court of Justice of the European Union, Europeans have, under certain conditions, the right to have search results for their name delisted. This paper examines how the Google Spain judgment has been applied in the Netherlands. Since the Google Spain judgment, Dutch courts have decided on two cases regarding delisting requests. In both cases, the Dutch courts considered freedom of expression aspects of delisting more thoroughly than the Court of Justice. However, the effect of the Google Spain judgment on freedom of expression is difficult to assess, as search engine operators decide about most delisting requests without disclosing much about their decisions.}, keywords = {Data protection law, european court of justice, Freedom of expression, google spain, Grondrechten, Privacy, right to be delisted, right to be forgotten, search engines, the netherlands, Vrijheid van meningsuiting}, }

Online Price Discrimination and Data Protection Law external link

Zuiderveen Borgesius, F.
2015

Abstract

Online shops can offer each website customer a different price – a practice called first degree price discrimination, or personalised pricing. An online shop can recognise a customer, for instance through a cookie, and categorise the customer as a rich or a poor person. The shop could, for instance, charge rich people higher prices. From an economic perspective, there are good arguments in favour of price discrimination. But many regard price discrimination as unfair or manipulative. This paper examines whether European data protection law applies to personalised pricing. Data protection law applies if personal data are processed. This paper argues that personalised pricing generally entails the processing of personal data. Therefore, data protection law generally applies to personalised pricing. That conclusion has several implications. For instance, data protection law requires a company to inform people about the purpose of processing their personal data. A company must inform customers if it personalises prices.

Consumer law, cookies, Data protection law, discrimination, Grondrechten, Personal data, personalised prices, Price discrimination, Privacy, tracking

Bibtex

Article{nokey, title = {Online Price Discrimination and Data Protection Law}, author = {Zuiderveen Borgesius, F.}, url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2652665}, year = {0901}, date = {2015-09-01}, abstract = {Online shops can offer each website customer a different price – a practice called first degree price discrimination, or personalised pricing. An online shop can recognise a customer, for instance through a cookie, and categorise the customer as a rich or a poor person. The shop could, for instance, charge rich people higher prices. From an economic perspective, there are good arguments in favour of price discrimination. But many regard price discrimination as unfair or manipulative. This paper examines whether European data protection law applies to personalised pricing. Data protection law applies if personal data are processed. This paper argues that personalised pricing generally entails the processing of personal data. Therefore, data protection law generally applies to personalised pricing. That conclusion has several implications. For instance, data protection law requires a company to inform people about the purpose of processing their personal data. A company must inform customers if it personalises prices.}, keywords = {Consumer law, cookies, Data protection law, discrimination, Grondrechten, Personal data, personalised prices, Price discrimination, Privacy, tracking}, }