Data Protection and Privacy, Volume 11: The Internet of Bodies (Computers, Privacy and Data Protection)

"The subjects of Privacy and Data Protection are more relevant than ever, and especially since 25 May 2018, when the European General Data Protection Regulation became enforceable. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the eleventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2018, held in Brussels in January 2018. The book explores the following topics: biometrics and data protection in criminal justice processing, privacy, discrimination and platforms for men who have sex with men, mitigation through data protection instruments of unfair inequalities as a result of machine learning, privacy and human-robot interaction in robotized healthcare, privacy-by-design, personal data protection of deceased data subjects, large-scale face databases and the GDPR, the new Europol regulation, rethinking trust in the Internet of Things, fines under the GDPR, data analytics and the GDPR, and the essence of the right to the protection of personal data. This interdisciplinary book was written while the reality of the General Data Protection Regulation 2016/679 was becoming clear. It discusses open issues and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in computers, privacy and data protection."--Page 4 de la couverture Preface Contents List of Contributors 1. You’ve been Measured, You’ve been Weighed and You’ve been Found Suspicious: Biometrics and Data Protection in Criminal Justice Processing 1. Introduction 2. A History of Police Biometrics 3. The Legal Framework for Police Biometrics 4. The Applicability of Current Recommendations to Criminal Justice Biometrics 5. Conclusion 2. Grinding Privacy in the Internet of Bodies: An Empirical Qualitative Research on Dating Mobile Applications for Men Who Have Sex with Men 1. Introduction 2. The Internet Entering the Body Aesthetic Discrimination 3. The Intermediary Liability of Online Dating Platforms for Men Who Have Sex with Men 4. Privacy in the Online Private Ordering of the Internet of Bodies 5. Conclusion 3. How Machine Learning Generates Unfair Inequalities and How Data Protection Instruments May Help in Mitigating Them 1. Machine Learning: Social Reconstruction and the Self 2. Algorithmic Inequalities 3. The Data Protection Toolbox: The Search for the Collective 4. Conclusion 4. ‘Nothing Comes between My Robot and Me’: Privacy and Human-Robot Interaction in Robotised Healthcare 1. Introduction 2. Healthcare Robots and Stakeholders in Robotised Healthcare 3. Six Privacy Issues for Healthcare Robots: The Distinctive Lens of Human-Robot Interaction 4. Conclusion 5. Navigating Law and Software Engineering Towards Privacy by Design: Stepping Stones for Bridging the Gap 1. Introduction 2. Legal Code and Computer Code 3. Engineering Legal Requirements: The Case of Privacy by Design 4. Stepping-Stones to Bridge the Gap 5. Conclusions 6. R.I.P.: Rest in Privacy or Rest in (Quasi-)Property? Personal Data Protection of Deceased Data Subjects between Theoretical Scenarios and National Solutions 1. Introduction: The Reasons for Research 2. The Destiny of Personal Data after the Data Subjects’ Death: Three Scenarios 3. Primary Law: Constitutional Charters and the European Court’s Jurisprudence 4. Secondary Law: Post Mortem Personality Protection in National Laws 5. Secondary Law: EU and National Data Protection Law 6. Exploiting the French (and Catalan) Case: Data as Digital Body 7. Conclusion 7. Massive Facial Databases and the GDPR: The New Data Protection Rules Applicable to Research 1. Introduction 2. Background 3. Classification of Facial Images 4. Legal Grounds for Lawful Processing 5. Safeguards Imposed to Research Purposes 6. Conclusion 8. Europol Regulation, US and Data Protection 1. Introduction 2. Police Cooperation within the Area of Freedom, Security and Justice (AFSJ) 3. Europol’s New Data Protection Framework 4. Third-Party Data Transfers – Still Looking for a ‘Safe Harbour’ 5. Fundamental Rights Assessment of the Europol Third-Party Data Protection Standards 6. Recommendations 7. Conclusion 9. Rethinking Trust in the Internet of Things 1. Introduction 2. Conceptualisations of Trust 3. Objects of Trust in the IoT 4. Building on the Distrust in the IoT 5. Conclusion 10. Fines under the GDPR 1. Introduction 2. The Inspiration from Competition Law for fines under the GDPR 3. The Duty of DPAs to Impose a Fine 4. Considerations on the Amounts of the Fine 5. Cumulation of infringements and the determination of ‘The Undertaking’ 6. Fines until the entry into force of the GDPR 7. Conclusion 11. Data Analytics and the GDPR: Friends or Foes? A Call for a Dynamic Approach to Data Protection Law 1. Introduction 2. The Limits of the Analysis Produced by Policy Makers 3. The Critique of EU Data Protection Law 4. The Dynamic Approach to Data Protection Law 5. Conclusion 12. On Boundaries – Finding the Essence of the Right to the Protection of Personal Data 1. Introduction 2. The Essence in EU Law: Rationale, Nature and How to Find it 3. How to Identify the Essence: The Concept of Attributes 4. Applying the OHCHR Method to the Right to the Protection of Personal Data 5. The Attributes and the Essence of Article 8 6. Conclusion 13. CPDP 2018 – EDPS Side Event 26 January 2018 ‘Privacy by Design – Privacy Engineering’ Index "The subjects of Privacy and Data Protection are more relevant than ever, and especially since 25 May 2018, when the European General Data Protection Regulation became enforceable. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the eleventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2018, held in Brussels in January 2018. The book explores the following topics: biometrics and data protection in criminal justice processing, privacy, discrimination and platforms for men who have sex with men, mitigation through data protection instruments of unfair inequalities as a result of machine learning, privacy and human-robot interaction in robotized healthcare, privacy-by-design, personal data protection of deceased data subjects, large-scale face databases and the GDPR, the new Europol regulation, rethinking trust in the Internet of Things, fines under the GDPR, data analytics and the GDPR, and the essence of the right to the protection of personal data. This interdisciplinary book was written while the reality of the General Data Protection Regulation 2016/679 was becoming clear. It discusses open issues and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in computers, privacy and data protection."--Bloomsbury Publishing