| 1. |
- Chamberlain, Johanna, 1989-
(författare)
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Integritet och skadestånd : Om skyddet för personuppgifter och privatliv i svensk rätt
- 2020
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- How can tort law help protect privacy in the digital age? This central issue is examined from different perspectives throughout the thesis, with an emphasis on personal information (also called informational privacy). Privacy has long been a debated topic in the Swedish legal system, for several reasons. One is the confusion surrounding the concept. Because of the difficulties both scholars and legislators have encountered regarding the definition of privacy, it is often seen as an interest too vague to regulate. Further, freedom of expression, freedom of the press and access to public documents – three rights that are often presented as opposites to privacy – have traditionally been prioritised in the legislative process.Apart from the binding ECHR and EU regulations, there are still no general clauses to protect privacy in Swedish law. Instead, this value has been approached in a cautious and even reluctant way, by establishing sanctions for certain privacy invasions. Consequently, the existing privacy protection is spread out over many different legal areas. In order to reconcile national principles with our European obligations, the author argues that it is necessary both to understand our “negative” Swedish approach and the “positive” ECHR and EU rights set out in Article 8 ECHR, Articles 7 and 8 of the EU Charter and the GDPR.After examining these legal traditions – with some comparative glances at US developments regarding the right to privacy – the thesis explores an alternative approach using a theoretical model referred to as contextual integrity. This framework is adapted for privacy protection in the digital age and focuses more on appropriate information flows than definitions of privacy. The model is used for a reading of Swedish tort law cases on privacy invasions, specifically in order to relate the tort law principles to existing or evolving social norms in the situations in which damage claims originate. It is suggested that, by developing an understanding for the relationship between the legal and the social in this dynamic area, we can make the most of tort law as a tool for privacy protection in the future.
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| 2. |
- Chamberlain, Johanna, 1989-, et al.
(författare)
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Public Registries as Tools for Realising the Swedish Welfare State – Can the State still Be Trusted?
- 2021
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Ingår i: Public Governance, Administration and Finances Law Review. - Budapest : Ludovika University Press. - 2498-6275 .- 2786-0736. ; 6:2, s. 35-52
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Tidskriftsartikel (refereegranskat)abstract
- Sweden has a long tradition of transparency and keeping public archives and registries for the benefit of the society at large. Access to comprehensive public information, including registries containing individualised data, has been an integral part in the building of the Swedish welfare state. An important explanatory factor for its acceptance is the high level of social trust in the Swedish society, in that citizens to a large extent trust each other, the government and the public authorities and other institutions in the society. Over the last few decades, changes have taken place connected to digitalisation of the society and an increased awareness of the possible privacy intrusion that may follow. A number of Swedish “register scandals” have been unearthed in media, involving both private and public entities. In order to protect the Swedish cultural heritage of accessible archives and public information and retain social trust, the Swedish legislator should carefully balance the interest in transparency against the right to privacy and data protection following the case law of the European Court of Human Rights and EU law
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| 3. |
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| 4. |
- Chamberlain, Johanna, 1989-, et al.
(författare)
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Supervision of Artificial Intelligence in the EU and the Protection of Privacy
- 2023
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Ingår i: Florida International University Law Review. - Miami : Florida International University College of Law. - 2643-7767 .- 2643-7759. ; 17:2, s. 267-285
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- In this paper, the supervisory regime in the proposed EU General Regulation on AI will be analyzed, with the aim to critically assess the role of supervisory authorities with regards to AI systems in safeguarding both the development of AI systems and protecting democratic and individual rights. As with other supervisory structures in EU law, such as data protection and financial market law, the proposed network is to consist of an agency at the EU level, the new European Artificial Intelligence Board (EAIB), as well as supervisory authorities located at the national level. These regulatory and supervisory administrative structures can be identified as a part of the success story described as the Brussels effect, where EU regulatory regimes on data protection have had a global impact. However effective, can a network of independent supervisory authorities be trusted to effectively monitor the use of developing AI systems and at the same time balance the benefits and risk of the new technologies with the fundamental rights of privacy, data protection, freedom of information, and non-discrimination? Considering the largely unknown, dynamic character of AI, the central democratic function of freedom of information, and the individual right to privacy and data protection, the question must be asked if there is a limit to how much power it is reasonable to bestow on these networks of supervisory authorities.
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| 5. |
- Chamberlain, Johanna, et al.
(författare)
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Supervision of Artificial Intelligence in the EU and the Protection of Privacy
- 2023
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Annan publikation (populärvet., debatt m.m.)abstract
- After decades of technological advancements, artificial intelligence (AI) is now causing a flurry of movement in the legal domain. Lately, strong caveats from developers in the AI industry seem to have been accompanied by increasing societal concern about the potential negative effects on humans of unregulated AI. As part of its European Digital Strategy, the EU has put forward a number of initiatives addressing AI. The most important of these is the regulation referred to as the Artificial Intelligence Act (“the AI Act”), proposed by the Commission in April 2021 and currently still under negotiation. If passed, this will be the first comprehensive legal instrument regarding AI at a global level. Following the regulatory success of the GDPR, the EU could once again take the lead in developing regulatory regimes creating both fair competition and foreseeability for market actors and protection of the rights and interests of individuals, guaranteed by effective cross-border enforcement machinery. Will the AI Act become the next example of the Brussels effect, as Anu Bradford has labeled it, and would this be a good idea?
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| 6. |
- Chamberlain, Johanna, 1989-, et al.
(författare)
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The Relationship Between Damages and Administrative Fines in the EU General Data Protection Regulation
- 2020
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Ingår i: Mississippi Law Journal. - Mississippi. - 0026-6280. ; 89:4, s. 667-696
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- Two purposes of the GDPR are to provide effective remedies for ensuring extensive personal data rights and to change practices and policies of controllers and processors so that they become more aware of privacy protection. Article 58 GDPR lays down the investigative and corrective powers of the national supervisory authorities, such as issuing warnings or imposing new administrative fines. Article 79 GDPR states that every data subject whose rights according to the regulation have been infringed shall have access to an effective remedy. The two measures in focus here are those with the largest economic impact: Article 82 on damages and Article 83 on administrative fines. These articles target different areas and subjects – while the first has a compensatory purpose and is designed for use by individuals, the second has a preventive character and is implemented by Data Protection Authorities vis-á-vis controllers and processors. Considering these two profiles, an interesting question arises: Why are the provisions of Article 83 for imposing fines on companies and organisations so detailed, while the wording of Article 82 and hence the liability for controllers and processors is open to interpretation? What does this difference lead to in the application of the regulation, and more precisely, is it likely that the development in regards to administrative fines could spill over to the application of rules on damages?
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| 7. |
- Dahlqvist, Julia, et al.
(författare)
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Swedish Constitutional Response to the Coronavirus Crisis The Odd One Out?
- 2022
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Ingår i: Pandemocracy in Europe. - Oxford : Bloomsburry publishing. - 9781509946365 ; , s. 135-154
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- The Swedish response to the coronavirus crisis has, at least initially, deviated from those in most other comparable countries and the Swedish strategy has gained attention worldwide. Only a few binding restrictive measures have been enacted and the Swedish model has, at least initially, been to mostly rely on informal and voluntary measures based on recommendations from the Public Health Agency (PHA). No lockdowns, as in mass quarantines or stay-at-home orders, or mandatory mask wearing have, as of February 2021, been introduced. However, during the ‘second wave’ of the pandemic, in Autumn 2020, the strategy somewhat changed and new restrictions have gradually been introduced. The development brought to light the need for new legislative tools and at the beginning of 2021 the Swedish Parliament, the Riksdag, enacted the temporary COVID-19 Act, delegating further powers to the Government. It may be submitted that the constitutional framework, in essence, has been respected. However, the strong position of Swedish public authorities in the area of communicable diseases, together with the vast delegation of powers to the Government, has in practice impacted on the traditional division of tasks for implementing policies in a manner unprecedented in modern Swedish constitutional history.
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| 8. |
- Fåhraeus, David, et al.
(författare)
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The European Health Data Space : Challenges and Opportunities
- 2024
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Rapport (övrigt vetenskapligt/konstnärligt)abstract
- In her 2020 State of the Union address, the European Commission President Ursula von der Leyen announced a new legislative proposal to create a European Health Data Space. Its aim is to make electronic health data accessible in order to support healthcare delivery, health research, innovation, effective policymaking and regulation, and personalised medicine. This European Policy Analysis examines the Commission’s proposal and its implications for patients, healthcare providers, market actors and national administrations.The analysis shows that the Commission’s Proposal has significant potential benefits for a wide range of stakeholders. However, concerns still remain regarding aspects such as the empowerment of individuals in relation to their data, adjustments that will need to be made by the healthcare sector, incentives for innovation, and trust in EU governance. At the time of writing, the European Parliament and the Council have adopted their negotiating positions. However, a number of changes are likely to be introduced before the Commission’s Proposal is agreed and can be implemented in the Member States.
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| 9. |
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GDPR and Biobanking : Individual Rights, Public Interest and Research Regulation across Europe
- 2021
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- This open access book focuses on the discrepancies in biobank research regulations that are among the most significant hurdles to effective research collaboration. The General Data Protection Regulation (GDPR) has established stringent requirements for the processing of health and genetic data, while simultaneously allowing considerable multi-level exceptions for the purposes of scientific research. In addition to directly applicable exceptions, the GDPR places the regulatory responsibility for further defining how the Member States strike a balance between the individuals' rights and the public interest in research within their national legal orders. Since Member States' approaches to the trade-off between data subjects' rights on the one hand, and appropriate safeguards on the other, differ according to their ethical and legal traditions, their data protection requirements for research also differ considerably.This study takes a comprehensive approach to determine how the GDPR affects regulatory regimes on the use of personal data in biobanking research, with a particular focus on the balance between individuals' rights, public interest and scientific research. In this regard, it has two main goals: first, to scrutinize the GDPR research regime, its objective and constitutive elements, the impact it has on biobanking, and its role in a changing EU landscape post-Brexit; and second, to examine how various exceptions have been operationalized nationally, and what challenges and opportunities this diversification entails. The book not only captures the complexity GDPR creates for biobanking, but also sheds light on various approaches to tackling the corresponding challenges. It offers the first comprehensive analysis of GDPR for biobanking, and the most up-to-date overview of the national biobank regulatory frameworks in Europe.
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| 10. |
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Governing with Public Agencies : The Development of a Global Administrative Space and the Creation of a New Role for Public Agencies
- 2022
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- The theme of this anthology is the new role of public agencies within what we have termed a “global administrative space,” a space created through increased collaborations and interconnectedness between global, regional and national public and private actors. Within this space policies are adopted, principles developed, and even law is at times enacted. The role and functions of public agencies have hereby undergone fundamental changes. Public agencies at global, regional and national levels act as stand-in legislators in areas within fundamental rights re- gimes, regulatory frameworks for sector specific areas (financial systems, pharma- ceutical regulations, data protection) as well as fishing and agricultural industries, to name only a few. Also private entities partake, as well as other public actors, such as judicial actors of different kinds. The decision-making capacity, procedures and out-comes vary, as well as the degree of ‘globalisation’. The global administrative space can thereby be identified as either connected to or separated from the national constitutional arenas. The question on the role of the public agencies within the global administrative space is taken on with an exploratory approach, in order to operationalize the concept. The question will be addressed from an international, regional and national level, providing different interpreta- tions in different contexts. Some are projecting future applications, whilst others are taking stakes of current operations.
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