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Shara Monteleone

This tag is associated with 9 posts

Artificial intelligence, data protection and elections

The Facebook/Cambridge Analytica case in 2018, revealing alleged misuse of personal data for political advertising, demonstrated how the underlying values of the European data protection rules are essential for democracy. The EU has recently adopted a series of additional initiatives to support free and fair elections, reflected not least in European Parliament (EP) debates and resolutions. Continue reading

The Privacy Shield: Update on the state of play of the EU-US data transfer rules

The CJEU’s Schrems judgment of October 2015, besides declaring the European Commission’s Decision on the EU-US ‘Safe Harbour’ data transfer regime invalid, has also settled a number of crucial requirements corresponding to the foundations of EU data protection. In less than one year from the CJEU ruling, the Commission had adopted a new adequacy decision in which the new framework for EU-US data transfer, the Privacy Shield (2016), is deemed to adequately protect EU citizens. The main improvements of the Privacy Shield (over its predecessor), as well as the critical reactions to the new arrangements, are discussed in this paper. The first joint annual review took place in September 2017 on which both the Commission and Article 29 Working Party issued their own reports. Although progress is recognised, a number of concerns remain and new challenges to the Privacy Shield have arisen, among others, from the Facebook/Cambridge Analytica scandal, as pointed out by the European Parliament in its recent resolution. Continue reading

GDPR goes live: A modern data protection law

Aimed at strengthening citizens’ rights uniformly while reducing burdens for companies and public entities, the European General Data Protection Regulation (GDPR) applies fully as of 25 May 2018. The long-awaited (and often feared) law is part of a reform package adopted in 2016 to foster trust in a digital age. The recent revelations on misuses of data show how the underlying values of the GDPR standards are essential for democracy. Continue reading

Rules for EU institutions’ processing of personal data [EU Legislation in Progress]

In the context of the comprehensive reform of the EU’s legal framework for data protection, the Commission tabled a proposal in January 2017 for a ‘regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and the free movement of such data’ and repealing the existing one (Regulation No 45/2001). Continue reading

Reform of the e-Privacy Directive [EU Legislation in Progress][Policy Podcast]

Written by Shara Monteleone, In January 2017, the Commission tabled a proposal for a regulation on privacy and electronic communications which would replace the current 2002 e-Privacy Directive. The main objectives of the review are: enhancing security and communications confidentiality; defining clearer rules on tracking technologies such as cookies; and achieving greater harmonisation among Member … Continue reading

Remember, you have the right to be forgotten [What is Europe doing for its citizens?]

Written by Shara Monteleone, Increasing use of digital technologies in almost every daily activity and the related flow of data have made access to and availability of personal data easier for companies, governments and citizens. In particular online, finding information about a fact or a person has become unprecedentedly easy. Data protection as a fundamental … Continue reading

Contracts for the supply of digital content and personal data protection

Written by Rafał Mańko and Shara Monteleone, The proposed directive on the supply of digital content is intended to regulate the main contractual rights and duties of parties to contracts for the supply of digital content and services, and create a harmonised legal framework for digital content to benefit both consumers and businesses. It covers … Continue reading

Fundamental rights implications of big data [Plenary Podcast]

Written by Shara Monteleone, The development of smart devices connected online and of big data practices, allowing unprecedented availability, sharing and automated use of data, brings both opportunities in terms of efficiency and improvement in our lives and risks for individuals’ fundamental rights. The European Parliament will vote on an own-initiative report on these issues … Continue reading

The CJEU’s Schrems ruling on the Safe Harbour Decision

Written by Shara Monteleone and Laura Puccio On 6 October 2015, the Court of Justice of the EU (CJEU) declared invalid the European Commission’s decision on the adequacy of the US data protection system (Safe Harbour Decision). In this judgment, regarding the transfer of personal data from the EU to the USA, the Court also clarified that national supervisory authorities are always allowed to investigate the lawfulness of data transfers and, if necessary, to suspend them. The case underlines the requirement for ensuring high-level protection when EU citizens’ data are transferred to third countries. The implications for businesses, governments and EU institutions, as well as for EU-US relations, remain to be clarified. Continue reading

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