| 11. |
- 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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| 12. |
- Chamberlain, Johanna, 1989-, et al.
(författare)
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The Swedish Understanding of Privacy as a Fundamental Right in a Comparative Perspective – : Overview and Possibilities
- 2019. - 1
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Ingår i: Comparative Perspectives on Privacy in an Internet Era. - Durham, NC : Carolina Academic Press. - 9781531009571 ; , s. 85-112
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- Swedish discussions regarding the right to privacy are, in many ways, still at an early stage. In the midst of the complex process of getting to know the history, scope and legal consequences of privacy in Sweden, it is worth beginning slowly in order to appreciate differences between the privacy discourse in the EU and the discourse in the US. When working in a ’new’ field that is highly dependent on international texts, cases and materials, it is tempting to import arguments from other countries or systems. However, are we always talking about the same thing? In this paper, a general comparison is made between the right to privacy as developed within the European Union, and the American concept of the right to privacy. The goal is to begin a discussion on what this European fundamental right means, and to contrast it with the American, civil liberty concept – or perhaps fundamental right? In particular, we wish to see how the right to privacy functions in these different legal settings, and thereby to see how a better understanding of these two systems can help lead us to new insights in a Swedish legal context. The survey will begin with a discussion of the terminology used in the field, and a brief background of the right to privacy as developed thus far in Sweden.
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| 13. |
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| 14. |
- 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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| 15. |
- Dane, Louise, 1986-
(författare)
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Den reglerade invandringen och barnets bästa : Barns rätt till familjeliv och privatliv enligt barnkonventionen, Europakonventionen, EU-rätten och svensk utlänningslagstiftning
- 2019
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis analyses the principle of the best interests of the child and the right to private and family life in relation to the societal interest of controlling immigration. The aim of the thesis is to contribute to ensuring more predictable and transparent legislation and decision-making.States, generally, have the right to control immigration. At the same time, a child’s right to family and private life is a human right – regulated, for example, by the UN Convention of the Rights of the Child, the European Convention on Human Rights and the EU Charter of Fundamental Rights. This means that states can only restrict these rights when such interference is justified. In migration cases concerning private and family life, an assessment therefore must be made as to whether a decision to refuse residence is proportional. When a child is affected by such a decision, the child's best interests must be carefully assessed and taken into consideration. This thesis examines what is legally required of a correct decision in migration cases concerning a child’s right to private and family life. Particular attention is given to those requirements imposed on lawmakers and legal actors by the public law principles of legality, objectivity and proportionality, as well as the duty to give reasoned decisions. This thesis charts the development and foundations of Swedish migration law including those requirements arising from EU and public international law. The focus thereafter is more specifically on the assessments made balancing the interests of children's rights and immigration control.Whether a restriction of the right to private and family life is proportionate is determined by the specific circumstances in the individual case. However, the research conducted demonstrates that there is a lack of guidance concerning which circumstances Swedish legal actors can and should consider, as well as the weight that should be attributed to the considered circumstances. The interest of immigration control is particularly ambiguous. The thesis identifies four types of circumstances that the Swedish lawmaker appears to suggest legal actors consider within this interest; (a) public order and security, (b) maintenance and enforcement of immigration control, (c) national economic well-being (including number of migrants), and (d) protection of the rights and freedoms of others.Lack of clear guidance is problematic, particularly in light of the principles of legality, objectivity and proportionality, as the outcomes of cases depend on what individual legal actors choose to consider. Vague guidance on what constitutes relevant circumstances may also contribute to the problem of poorly formulated decisions as identified in previous research. In order to increase the probability of legal actors rendering more correct decisions – on the basis of applicable law – a five-step model is presented: (1) identifying private and/or family life (2) identifying the child's best interests (3) identifying the underlying motivations linked to the interest of immigration control (4) listing the arguments for and against granting residence in Sweden and (5) determining which interests should prevail.The thesis concludes with a number of recommendations aimed mainly at lawmakers that could contribute to strengthening children's rights and increasing adherence to the rule of law in migration cases concerning children's right to private and family life.
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| 16. |
- Eklund, Agnes, et al.
(författare)
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Enskilda och EU-rättens genomförande
- 2015
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Ingår i: De lege 2015: Europarätten – 20 år i Sverige. - : Iustus förlag.
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 17. |
- 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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| 18. |
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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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| 19. |
- Gholami, Ali, et al.
(författare)
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Design and Implementation of the advanced cloud privacy threat modeling
- 2016
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Ingår i: International Journal of Network Security & Its Applications. - 0975-2307 .- 0974-9330. ; 8:2, s. 103-122
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Tidskriftsartikel (refereegranskat)abstract
- Privacy-preservation for sensitive data has become a challenging issue in cloud computing. Threat modeling as a part of requirements engineering in secure software development provides a structured approach for identifying attacks and proposing countermeasures against the exploitation of vulnerabilities in a system. This paper describes an extension of Cloud Privacy Threat Modeling (CPTM) methodology for privacy threat modeling in relation to processing sensitive data in cloud computing environments. It describes the modeling methodology that involved applying Method Engineering to specify characteristics of a cloud privacy threat modeling methodology, different steps in the proposed methodology and corresponding products. In addition, a case study has been implemented as a proof of concept to demonstrate the usability of the proposed methodology. We believe that the extended methodology facilitates the application of a privacy-preserving cloud software development approach from requirements engineering to design.
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| 20. |
- Gholami, Ali, et al.
(författare)
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Privacy Threat Modeling for Emerging BiobankClouds
- 2014
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Ingår i: Procedia Computer Science. - : Elsevier. ; 37, s. 489-496
-
Konferensbidrag (refereegranskat)abstract
- There is an increased amount of data produced by next generation sequencing (NGS) machines which demand scalable storage and analysis of genomic data. In order to cope with this huge amount of information, many biobanks are interested in cloud computing capabilities such as on-demand elasticity of computing power and storage capacity. There are several security and privacy requirements mandated by personal data protection legislation which hinder biobanks from migrating big data generated by the NGS machines. This paper describes the privacy requirements of platform-as-service BiobankClouds according to the European Data Protection Directive (DPD). It identifies several key privacy threats which leave BiobankClouds vulnerable to an attack. This study benefits health-care application designers in the requirement elicitation cycle when building privacy-preserving BiobankCloud platforms.
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