Suchergebnisse

The EU General Data Protection Regulation shall be applied from 25 May 2018. This is the result of the personal data protection law reform in the EU. So far the legal regulation in the EU Member States has been based on EU Data Protection Directive 95/46/EC of 1995 that is implemented by the Law of the Republic of Lithuanian on Legal Protection of Personal Data. The aim of this article is to reveal the significance of the General Data Protection Regulation for the data protection law as an area of law. One can distinguish as significantly important those provisions of the General Data Protection Regulation which are due to impact development of the data protection law beyond the EU and accelerate globalisation of the data protection law in accordance to the EU standards. The said functions should be performed by those provisions of the General Data Protection Regulation that oblige non-EU data controllers to follow the EU requirements while processing personal data concerning data subjects who are in the Union and establish cases where data can be transferred to third countries or international organisations by way of ensuring data protection that is analogous to the EU standards. The General Data Protection Regulation redraws the limits of the liabilities for the compliance in the data protection law. The involvement of data protection supervisory institutions in daily data processing activities and its control is due to be reduced. It also strengthens the primary liability of a data controller for ensuring the compliance with the data protection law, promotes data controllers' autonomy and trust in them. Such significant impact to the data protection law shall be produced by the entirety of the following novelties: the principle of accountability, obligations to carry out a data protection impact assessment, to consult a supervisory authority, appoint a data protection officer, repeal of procedures for notification of supervisory authorities and prior checking. Efficient application of the General Data Protection Regulation in Lithuania can be encumbered by the lack of methodical, explanatory, recommendatory materials on interpretation and implementation of abstract new provisions. Due to lack of legal certainty purposes of the General Data Protection Regulation may be better furthered at the beginning of the application of the novelties by way of such regulatory instruments as instructions, reprimands and opinions rather than imposition of enormous fines.

The EU General Data Protection Regulation shall be applied from 25 May 2018. This is the result of the personal data protection law reform in the EU. So far the legal regulation in the EU Member States has been based on EU Data Protection Directive 95/46/EC of 1995 that is implemented by the Law of the Republic of Lithuanian on Legal Protection of Personal Data. The aim of this article is to reveal the significance of the General Data Protection Regulation for the data protection law as an area of law. One can distinguish as significantly important those provisions of the General Data Protection Regulation which are due to impact development of the data protection law beyond the EU and accelerate globalisation of the data protection law in accordance to the EU standards. The said functions should be performed by those provisions of the General Data Protection Regulation that oblige non-EU data controllers to follow the EU requirements while processing personal data concerning data subjects who are in the Union and establish cases where data can be transferred to third countries or international organisations by way of ensuring data protection that is analogous to the EU standards. The General Data Protection Regulation redraws the limits of the liabilities for the compliance in the data protection law. The involvement of data protection supervisory institutions in daily data processing activities and its control is due to be reduced. It also strengthens the primary liability of a data controller for ensuring the compliance with the data protection law, promotes data controllers' autonomy and trust in them. Such significant impact to the data protection law shall be produced by the entirety of the following novelties: the principle of accountability, obligations to carry out a data protection impact assessment, to consult a supervisory authority, appoint a data protection officer, repeal of procedures for notification of supervisory authorities and prior checking. Efficient application of the General Data Protection Regulation in Lithuania can be encumbered by the lack of methodical, explanatory, recommendatory materials on interpretation and implementation of abstract new provisions. Due to lack of legal certainty purposes of the General Data Protection Regulation may be better furthered at the beginning of the application of the novelties by way of such regulatory instruments as instructions, reprimands and opinions rather than imposition of enormous fines.

The EU General Data Protection Regulation shall be applied from 25 May 2018. This is the result of the personal data protection law reform in the EU. So far the legal regulation in the EU Member States has been based on EU Data Protection Directive 95/46/EC of 1995 that is implemented by the Law of the Republic of Lithuanian on Legal Protection of Personal Data. The aim of this article is to reveal the significance of the General Data Protection Regulation for the data protection law as an area of law. One can distinguish as significantly important those provisions of the General Data Protection Regulation which are due to impact development of the data protection law beyond the EU and accelerate globalisation of the data protection law in accordance to the EU standards. The said functions should be performed by those provisions of the General Data Protection Regulation that oblige non-EU data controllers to follow the EU requirements while processing personal data concerning data subjects who are in the Union and establish cases where data can be transferred to third countries or international organisations by way of ensuring data protection that is analogous to the EU standards. The General Data Protection Regulation redraws the limits of the liabilities for the compliance in the data protection law. The involvement of data protection supervisory institutions in daily data processing activities and its control is due to be reduced. It also strengthens the primary liability of a data controller for ensuring the compliance with the data protection law, promotes data controllers' autonomy and trust in them. Such significant impact to the data protection law shall be produced by the entirety of the following novelties: the principle of accountability, obligations to carry out a data protection impact assessment, to consult a supervisory authority, appoint a data protection officer, repeal of procedures for notification of supervisory authorities and prior checking. Efficient application of the General Data Protection Regulation in Lithuania can be encumbered by the lack of methodical, explanatory, recommendatory materials on interpretation and implementation of abstract new provisions. Due to lack of legal certainty purposes of the General Data Protection Regulation may be better furthered at the beginning of the application of the novelties by way of such regulatory instruments as instructions, reprimands and opinions rather than imposition of enormous fines.

The EU General Data Protection Regulation shall be applied from 25 May 2018. This is the result of the personal data protection law reform in the EU. So far the legal regulation in the EU Member States has been based on EU Data Protection Directive 95/46/EC of 1995 that is implemented by the Law of the Republic of Lithuanian on Legal Protection of Personal Data. The aim of this article is to reveal the significance of the General Data Protection Regulation for the data protection law as an area of law. One can distinguish as significantly important those provisions of the General Data Protection Regulation which are due to impact development of the data protection law beyond the EU and accelerate globalisation of the data protection law in accordance to the EU standards. The said functions should be performed by those provisions of the General Data Protection Regulation that oblige non-EU data controllers to follow the EU requirements while processing personal data concerning data subjects who are in the Union and establish cases where data can be transferred to third countries or international organisations by way of ensuring data protection that is analogous to the EU standards. The General Data Protection Regulation redraws the limits of the liabilities for the compliance in the data protection law. The involvement of data protection supervisory institutions in daily data processing activities and its control is due to be reduced. It also strengthens the primary liability of a data controller for ensuring the compliance with the data protection law, promotes data controllers' autonomy and trust in them. Such significant impact to the data protection law shall be produced by the entirety of the following novelties: the principle of accountability, obligations to carry out a data protection impact assessment, to consult a supervisory authority, appoint a data protection officer, repeal of procedures for notification of supervisory authorities and prior checking. Efficient application of the General Data Protection Regulation in Lithuania can be encumbered by the lack of methodical, explanatory, recommendatory materials on interpretation and implementation of abstract new provisions. Due to lack of legal certainty purposes of the General Data Protection Regulation may be better furthered at the beginning of the application of the novelties by way of such regulatory instruments as instructions, reprimands and opinions rather than imposition of enormous fines.

EU General Data Protection Regulation, which will come into force in 25 May 2018 will undoubtedly replace the existing practice of personal data protection. This paper examines the impact of the General Data Protection Regulation on data protection law by analysing the content of the Regulation as a source of law as well as the possible implementation problems and the most important features of data protection law. The systematic analysis of the European data protection law and the European Union data protection law suggests that the data protection law developed from the concept of the privacy constitutes a separate legal regulation protecting one of the values of the society: t personal data and person's ability to control the dissemination of information related to him. Changes in data protection law which are enshrined in the General Data Protection Regulation are assessed differently. The direct application of the Regulation, establishment of a one-stop-shop regarding supervisory authorities and extraterritorial protection of data should help to harmonize the European Union's data protection law as well as the application of high standards of data protection in Europe should also stimulate europeanization of data protection law in other countries. Noticeable reinforcement of data subject's consent in the light of data subject's rights creates preconditions for a higher level protection of personal data while the new data subject's right to data portability entails a reasonable doubt about the practical implementation of this right. The General Data Protection Regulation data protection is essentially replacing the system of obligations and liability of data controllers and data processors. The data controllers' obligation to carry out data protection impact assessment and appoint the Data Protection Officer implies that the excessive uncertainty in these responsibilities can substantially complicate the performance of these obligations, however the new system of liability for data protection violations will encourage data controllers and data processors to focus more on data protection law.

EU General Data Protection Regulation, which will come into force in 25 May 2018 will undoubtedly replace the existing practice of personal data protection. This paper examines the impact of the General Data Protection Regulation on data protection law by analysing the content of the Regulation as a source of law as well as the possible implementation problems and the most important features of data protection law. The systematic analysis of the European data protection law and the European Union data protection law suggests that the data protection law developed from the concept of the privacy constitutes a separate legal regulation protecting one of the values of the society: t personal data and person's ability to control the dissemination of information related to him. Changes in data protection law which are enshrined in the General Data Protection Regulation are assessed differently. The direct application of the Regulation, establishment of a one-stop-shop regarding supervisory authorities and extraterritorial protection of data should help to harmonize the European Union's data protection law as well as the application of high standards of data protection in Europe should also stimulate europeanization of data protection law in other countries. Noticeable reinforcement of data subject's consent in the light of data subject's rights creates preconditions for a higher level protection of personal data while the new data subject's right to data portability entails a reasonable doubt about the practical implementation of this right. The General Data Protection Regulation data protection is essentially replacing the system of obligations and liability of data controllers and data processors. The data controllers' obligation to carry out data protection impact assessment and appoint the Data Protection Officer implies that the excessive uncertainty in these responsibilities can substantially complicate the performance of these obligations, however the new system of liability for data protection violations will encourage data controllers and data processors to focus more on data protection law.

EU General Data Protection Regulation, which will come into force in 25 May 2018 will undoubtedly replace the existing practice of personal data protection. This paper examines the impact of the General Data Protection Regulation on data protection law by analysing the content of the Regulation as a source of law as well as the possible implementation problems and the most important features of data protection law. The systematic analysis of the European data protection law and the European Union data protection law suggests that the data protection law developed from the concept of the privacy constitutes a separate legal regulation protecting one of the values of the society: t personal data and person's ability to control the dissemination of information related to him. Changes in data protection law which are enshrined in the General Data Protection Regulation are assessed differently. The direct application of the Regulation, establishment of a one-stop-shop regarding supervisory authorities and extraterritorial protection of data should help to harmonize the European Union's data protection law as well as the application of high standards of data protection in Europe should also stimulate europeanization of data protection law in other countries. Noticeable reinforcement of data subject's consent in the light of data subject's rights creates preconditions for a higher level protection of personal data while the new data subject's right to data portability entails a reasonable doubt about the practical implementation of this right. The General Data Protection Regulation data protection is essentially replacing the system of obligations and liability of data controllers and data processors. The data controllers' obligation to carry out data protection impact assessment and appoint the Data Protection Officer implies that the excessive uncertainty in these responsibilities can substantially complicate the performance of these obligations, however the new system of liability for data protection violations will encourage data controllers and data processors to focus more on data protection law.

EU General Data Protection Regulation, which will come into force in 25 May 2018 will undoubtedly replace the existing practice of personal data protection. This paper examines the impact of the General Data Protection Regulation on data protection law by analysing the content of the Regulation as a source of law as well as the possible implementation problems and the most important features of data protection law. The systematic analysis of the European data protection law and the European Union data protection law suggests that the data protection law developed from the concept of the privacy constitutes a separate legal regulation protecting one of the values of the society: t personal data and person's ability to control the dissemination of information related to him. Changes in data protection law which are enshrined in the General Data Protection Regulation are assessed differently. The direct application of the Regulation, establishment of a one-stop-shop regarding supervisory authorities and extraterritorial protection of data should help to harmonize the European Union's data protection law as well as the application of high standards of data protection in Europe should also stimulate europeanization of data protection law in other countries. Noticeable reinforcement of data subject's consent in the light of data subject's rights creates preconditions for a higher level protection of personal data while the new data subject's right to data portability entails a reasonable doubt about the practical implementation of this right. The General Data Protection Regulation data protection is essentially replacing the system of obligations and liability of data controllers and data processors. The data controllers' obligation to carry out data protection impact assessment and appoint the Data Protection Officer implies that the excessive uncertainty in these responsibilities can substantially complicate the performance of these obligations, however the new system of liability for data protection violations will encourage data controllers and data processors to focus more on data protection law.

Objectives of the thesis are –1) to identify the legal problems coming from mashups of Open Government Data (OGD) and 2) to purpose an informal ontology to help technical reusers of Public Sector Information to utilize datasets according to their intended purpose and in compliance with the legal obligations that govern the rights to reuse the data. A survey of national OGD portals found that the majority of OGD are released under inappropriate licenses, not fully complying with the legal rules that apply to the reuse of the data. Open Government Data can be released and covered by multiple licensing regimes, up to 33 in a single country. We have analysed the European Union (EU) legal framework of reuse of Public Sector Information (PSI), the EU Database Directive and copyright framework and other legal sources (e.g., licenses, legal notices, and terms of use) that can apply to open government Datasets. From this deep analysis we have modelled several major concepts in an Informal Ontology of Open Government Data Licenses Framework for a Mash-up Model (iOGDL4M). The iOGDL4M will be used for qualifying datasets in order to improve the accuracy of their legal annotation. The iOGDL4M also aims to connect each applicable legal rule to official legal texts in order to direct legal experts and reusers to primary sources. This research aims to present 1) a legal analysis of OGD regulation in the European Union and its member states; 2) the Survey of National Open Government Data Portals and analysis of the most commonly applied licenses and legal notices and their compatibility; and 3) the Informal Ontology of Open Government Data Licenses Framework for a Mash-up Model. This thesis is comprised of 4 publications. It consists of presentation of the research, the publications, and annexes that support the research.

Objectives of the thesis are –1) to identify the legal problems coming from mashups of Open Government Data (OGD) and 2) to purpose an informal ontology to help technical reusers of Public Sector Information to utilize datasets according to their intended purpose and in compliance with the legal obligations that govern the rights to reuse the data. A survey of national OGD portals found that the majority of OGD are released under inappropriate licenses, not fully complying with the legal rules that apply to the reuse of the data. Open Government Data can be released and covered by multiple licensing regimes, up to 33 in a single country. We have analysed the European Union (EU) legal framework of reuse of Public Sector Information (PSI), the EU Database Directive and copyright framework and other legal sources (e.g., licenses, legal notices, and terms of use) that can apply to open government Datasets. From this deep analysis we have modelled several major concepts in an Informal Ontology of Open Government Data Licenses Framework for a Mash-up Model (iOGDL4M). The iOGDL4M will be used for qualifying datasets in order to improve the accuracy of their legal annotation. The iOGDL4M also aims to connect each applicable legal rule to official legal texts in order to direct legal experts and reusers to primary sources. This research aims to present 1) a legal analysis of OGD regulation in the European Union and its member states; 2) the Survey of National Open Government Data Portals and analysis of the most commonly applied licenses and legal notices and their compatibility; and 3) the Informal Ontology of Open Government Data Licenses Framework for a Mash-up Model. This thesis is comprised of 4 publications. It consists of presentation of the research, the publications, and annexes that support the research.

Regulation (EU) 2016/679 of the European Parliament and of the council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC is believed to act as the facilitator of progress in international cooperation in the field of life sciences and healthcare, which were restricted due to disparities among countries concerning personal health data for a while. This article focuses on practical aspects of application of personal health data processing provisions of General data protection regulation with a clear emphasis on Lithuanian health care providers. The article approaches the complexity of the definition of health care data, informed consent as well as the importance of interaction between supervisory body and associations of healthcare professionals.

Regulation (EU) 2016/679 of the European Parliament and of the council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC is believed to act as the facilitator of progress in international cooperation in the field of life sciences and healthcare, which were restricted due to disparities among countries concerning personal health data for a while. This article focuses on practical aspects of application of personal health data processing provisions of General data protection regulation with a clear emphasis on Lithuanian health care providers. The article approaches the complexity of the definition of health care data, informed consent as well as the importance of interaction between supervisory body and associations of healthcare professionals.

Regulation (EU) 2016/679 of the European Parliament and of the council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC is believed to act as the facilitator of progress in international cooperation in the field of life sciences and healthcare, which were restricted due to disparities among countries concerning personal health data for a while. This article focuses on practical aspects of application of personal health data processing provisions of General data protection regulation with a clear emphasis on Lithuanian health care providers. The article approaches the complexity of the definition of health care data, informed consent as well as the importance of interaction between supervisory body and associations of healthcare professionals.

Regulation (EU) 2016/679 of the European Parliament and of the council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC is believed to act as the facilitator of progress in international cooperation in the field of life sciences and healthcare, which were restricted due to disparities among countries concerning personal health data for a while. This article focuses on practical aspects of application of personal health data processing provisions of General data protection regulation with a clear emphasis on Lithuanian health care providers. The article approaches the complexity of the definition of health care data, informed consent as well as the importance of interaction between supervisory body and associations of healthcare professionals.

EU General Data Protection Regulation, which came into force on 25 May 2018, introduces a brand new right to data portability. Also, the updated right not to be subject to automated decisions was transfered from the Article 15 of Data Protection Directive. These two rights are particularly relevent now, when personal data is becomg a main source of income for many digital companies and it is used to predict a person's behavior and thus influences their choices. Therefore, the aim of this thesis is to analyze the content of the right to data portability and the right not to be subject to automated decisions, its elements and to analyze issues related to them. The analysis reveals that the right to data portability consists of two rights: the right to receive the personal data and the right to transmit the data to another controller. The latter right is supplemented by the data subject right to have their personal data transmitted directly from one controller to another, where technically feasible. The analysis found that most elements of this right are not clearly defined. Also, restrictions on the application of the right are too restrictive, their current interpretation is insufficient and contradictory. These shortcomings may adveresly affect the goal to grant data subject with the better control of their personal data. The right not to be subject to automated decisions, including profiling can be only applied when there is no person is involved in the automated decision making process. Such a limitation is considered to significantly reduce the data subject's ability to exercise this right and its protection. It is also unlcear whether the right not to be subject to automated decisions is a right or a ban. Also, a human role in the automated decision making is another problematic aspect and is lacking a more detailed regulation. Therefore, it is assessed that these aspects may hinder the implementation of the right and the effective protection of data subjects.