Data Protection and Privacy, Volume 15: In Transitional Times

Description

This book offers conceptual analyses, highlights issues, proposes solutions, and discusses practices regarding privacy and data protection in transitional times. It is one of the results of the 15th annual International Conference on Computers, Privacy and Data Protection (CPDP), which was held in Brussels in May 2022. We are in a time of transition. Artificial Intelligence is making significant breakthroughs in how humans use data and information, and is changing our lives in virtually all aspects. The pandemic has pushed society to adopt changes in how, when, why, and the media through which, we interact. A new generation of European digital regulations – such as the AI Act, Digital Services Act, Digital Markets Act, Data Governance Act, and Data Act – is on the horizon. This raises difficult questions as to which rights we should have, the degree to which these rights should be balanced against other poignant social interests, and how these rights should be enforced in light of the fluidity and uncertainty of circumstances. The book covers a range of topics, including: data protection risks in European retail banks; data protection, privacy legislation and litigation in China; synthetic data generation as a privacy-preserving technique for the training of machine learning models; effectiveness of privacy consent dialogues; legal analysis of the role of individuals in data protection law; and the role of data subject rights in the platform economy. This interdisciplinary book has been written at a time when the scale and impact of data processing on society – on individuals as well as on social systems – is becoming ever more important. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection. Preface Contents Contributors 1. Data Protection Risks in Transitional Times: The Case of European Retail Banks I. Introduction II. Analytical Framework III. Methodology IV. Findings V. Discussion VI. Conclusions References 2. Synthetic Data Generation in Service of Privacy-Preserving Deep Learning: Three Practical Case Studies I. Introduction II. Privacy and Data Protection III. Case Study #1: Statistical Language Modelling IV. Case Study #2: Unconstrained Handwriting Recognition V. Case Study #3: Swiping Keyboard Input VI. Conclusion VII. Acknowledgments References 3. Chinese Data Protection in Transition: A Look at Enforceability of Rights and the Role of Courts I. Introduction II. Overview of Personal Data Protection in China III. Privacy Litigation in China – Trends and Data IV. The Role of Courts – Complementary or Insignificant V. Conclusion References 4. Conflicting Privacy Preference Signals in the Wild I. Introduction II. Background III. Method IV. Results V. Discussion VI. Conclusion References A. Appendix 5. The Multi-faceted Role of the Individual in EU Data Protection Law I. Introduction II. The Individual as the Object of Data Protection Law III. The Individual as Subject of Data Protection Law IV. Conclusion References 6. Data Subject Rights as a Tool for Platform Worker Resistance: Lessons from the Uber/Ola Judgments I. Introduction II. Platform Work: Challenges and New Forms of Resistance III. The Uber/Ola Judgments: An Overview IV. Micro-Perspectives: Making Data Subject Rights Work for Workers V. Macro-perspectives: Data Subject Rights as a Tool for Platform Worker Resistance VI. Future Developments: Data Subject Rights vis-à-vis Other Legal Developments VII. Conclusion Acknowledgments References 7. From the Fight against Money Laundering and Financing of Terrorism Towards the Fight for Fundamental Rights: The Role of Data Protection I. Introduction: The Financial Crackdown on Canadian Protestors and a Universal Question of Opportunities and Risks of Data Sharing for AML/CFT Purposes II. Overview of the EU AML/CFT Regulatory Framework and Data Sharing Powers III. The Notion of Financial Information IV. Data Protection as a Tool of Channelling Powers Arising from the AML/CFT System V. Legitimate Ground for Data Processing in AML/CFT VI. Conclusion References 8. Cybercrime Convention-based Access to Personal Data Held by Big Tech: Decades of Council of Europe's Greenlighting Codified in a New Protocol I. International Criminal Cooperation without Laws and the Council of Europe: Presentation of the Chapter II. The 2001 Cybercrime Convention and its Expert Committee (T-CY) III. 'Notoriously Complex' Mutual Legal Assistance as a Rule (Article 25 CC) Unless Article 32 juncto 39 CC Applies (Step 1) IV. Guidance Note 3 and Easy Transborder Access to Data Based on Consent (Step 2) V. Guidance Note 10 and Use of Domestic Orders for Providers not in the Country (Step 3) VI. Guidance Note 10: Providers Present in the Country Need to Give all Data (Step 4) VII. Second Additional Protocol: Building the Momentum from the Guidance Notes (Step 5) VIII. Council of Europe and European Union as Sounding Boards IX. Looking Back at the Role of the Guidance Notes and their Impact on International Law X. Conclusion: A Going Concern for Policy Laundering References 9. 'Privacy in the Resilient State of the Human Condition': Closing Remarks at the Computers, Privacy and Data Protection Conference Index