Registration for a live webinar on 'Neuroleptic malignant syndrome' is now open.
See webinar detailsWe noted you are experiencing viewing problems
-
Check with your IT department that JWPlatform, JWPlayer and Amazon AWS & CloudFront are not being blocked by your network. The relevant domains are *.jwplatform.com, *.jwpsrv.com, *.jwpcdn.com, jwpltx.com, jwpsrv.a.ssl.fastly.net, *.amazonaws.com and *.cloudfront.net. The relevant ports are 80 and 443.
-
Check the following talk links to see which ones work correctly:
Auto Mode
HTTP Progressive Download Send us your results from the above test links at access@hstalks.com and we will contact you with further advice on troubleshooting your viewing problems. -
No luck yet? More tips for troubleshooting viewing issues
-
Contact HST Support access@hstalks.com
-
Please review our troubleshooting guide for tips and advice on resolving your viewing problems.
-
For additional help, please don't hesitate to contact HST support access@hstalks.com
We hope you have enjoyed this limited-length demo
This is a limited length demo talk; you may
login or
review methods of
obtaining more access.
Printable Handouts
Navigable Slide Index
- Introduction
- Contents
- Complex system of data protection laws
- Data protection in the EU
- General personal data processing principles (1)
- General personal data processing principles (2)
- Data protection directive 95/46/EC
- Problems with data protection directive 95/46/EC
- Harmonisation by means of regulations
- Draft general data protection regulation 2012/0011
- Data subject (definition)
- Data subject and his/her personal data
- Personal & sensitive data (definitions)
- Unclear scope of personal data definition
Topics Covered
- The complex system of data protection laws
- Data protection in the EU
- General personal data processing principles
- Directives and regulations
- The data subject (Personal & sensitive data)
- Lack of clarity in personal data definition
Talk Citation
Krajewska, A. (2015, August 31). Data protection in the European Union 1 [Video file]. In The Biomedical & Life Sciences Collection, Henry Stewart Talks. Retrieved October 7, 2024, from https://doi.org/10.69645/QZMR8948.Export Citation (RIS)
Publication History
Financial Disclosures
- Dr. Atina Krajewska has not informed HSTalks of any commercial/financial relationship that it is appropriate to disclose.
Data protection in the European Union 1
Published on August 31, 2015
33 min
Other Talks in the Series: Tissue in Research
Transcript
Please wait while the transcript is being prepared...
0:00
Welcome to the presentation on Data
Protection in the European Union.
My name is Atina Krajewska,
and I'm a senior lecturer
at the Cardiff School of Law and
Politics at the Cardiff University.
And I will try to summarize
the area of data protection
in the European Union.
Although this is a very
complex area and because
of the time constraints,
I will necessarily have to focus
on certain most important aspects of
the regulation of this area of law.
0:35
Let me tell you briefly
what I'm going to talk about
during this presentation.
First of all, I will
try to introduce
the basic principles of data
protection in the European Union.
And then I will move on to discuss
shortly the current regulation
of data protection, which is covered
at the moment by an EU directive.
However, most of my
presentation will be concerned
with the new coming
general regulation
on data protection, which is
still in the legislative process.
But we are expecting to have an
adopted regulation by the end
of this year, so I think
this is really important
to focus on the new coming law.
And finally, I will focus on
the highlights and challenges
of that coming piece of
legislation at the European Union
and hopefully come
to some conclusions,
although this might be
difficult at this stage.
1:37
Let's start with the framework
of data protection law in Europe.
Many people confuse the European
Union with the Council of Europe.
Politicians do and many academics
are often guilty of that confusion.
Generally speaking, in Europe
there are several legal regimes
which govern the data protection.
First of all, there is a European
Union regime, so everything that
is regulated by the European
Union and within the realms
of the European Union law.
However, secondly, an
interrelated regime
is the regime established and
adopted by the Council of Europe,
which is an international human
rights organization dealing with
and focused on democratization
and human rights.
The most famous organ or
institution of Council of Europe
is the European Court
of Human Rights.
And the European
Court of Human Rights
interprets and applies the European
Convention on Human Rights,
and this is the main piece of
legislation, the most famous one.
The European Convention
on Human Rights
regulates data protection
indirectly through Article 8,
which protects and
establishes, guarantees
the protection and
respect of privacy
and private life of an individual.
Within the scope of Article 8,
the European Court of Human Rights
has on many numerous
occasions established
the protection of personal data.
What's more, the Council
of Europe has also
adopted a convention,
Convention number 108,
which is currently being modernized.
And these adoptions,
these amendments,
will come into force on
the 1st of September 2015.
So data subjects and data
controllers, which means also
researchers dealing
with data, will have
to take this regime into account.
But this is a regime which has
to be obviously introduced into
the national domestic legislation.
Finally, we have the regime that
is established by each member state,
member states of the European
Union or of the Council of Europe.
Member states have different ways
of regulating data protection law.
Usually, many countries have
constitutional provisions
regulating and guaranteeing
not only the right to privacy
or the right to private
life of an individual,
but specifically the right to
have personal data protected.
So the state has a
constitutional obligation
to protect personal data.
These provisions naturally
vary to some extent,
but it is fair to say
that, generally speaking,
the Member States not only
have constitutional protections,
but they also adopt statutes and
acts protecting personal data.
An example of this is the
Data Protection Act, 1998,
adopted by the UK.
Similar acts exist in
countries such as Germany,
Poland, France, Spain, or Greece.
As you can see, this
is a quite complex
system of data protection laws.
They are all interrelated,
and sometimes
it's quite difficult
to navigate through all
the provisions that exist.
And sometimes it's difficult not
only for the data subjects,
so people whose data
are being processed,
but also for data controllers
or data administrators,
i.e. researchers, universities,
which process these personal data.
It is difficult to navigate
between these provisions
and identify the
relevant provisions.
Now, it is impossible
because of time constraints
to talk about the whole
complexities and the whole area
of data protection and
these different regimes.
Therefore, I will focus on
the European Union,
which due to the
changes that are coming,
seems to be the most
important for the research
community and life sciences.