1st Edition
Privacy, Data Protection and Data-driven Technologies
This book brings together contributions from leading scholars in law and technology, analyzing the privacy issues raised by new data-driven technologies.
Highlighting the challenges that technology poses to existing EU data protection laws, the book assesses whether current legal frameworks are fit for purpose, while maintaining a balance between supporting innovation and the protection of individual’s privacy. Data privacy issues range from targeted advertising and facial recognition, systems based on Artificial Intelligence and blockchain, Machine-to-Machine (M2M) communication, to technologies that enable the detection of emotions and personal care robots.
The book will be of interest to scholars, policymakers, and practitioners working in the field of law and technology, EU law and data protection.
Preface by Wojciech Wiewiórowski
Part I: Introduction
1. Data-driven Technologies: Challenges for Privacy and Data Protection Law
Martin Ebers and Karin Sein
Part II: Consent, Data Protection and New Technologies
2. Dark Patterns and the Scraping Consumer Consent: Comparative Remarks on More Effective Legal Compliance
Giorgia Guerra
3. The Consent Service in Estonia: Enhancement of State-held Data Sharing vs Privacy Risks
Karin Sein
4. Consent to Data Processing in Biobanking: Regulatory Challenges of Data Processing in Biobanking on the Estonian Example
Kärt Pormeister
Part III: M2M Communication, AI Systems and Data Protection
5. M2M Communications in 5G Networks: Data Protection and Privacy Aspects
Mykyta Petik
6. Training of AI Systems: How to Comply with the GDPR?
Paul Vogel
7. Training Your Medical/Nursing Robot: From the General Data Protection Regulation to the European Health Data Space
Vera Lúcia Raposo
Part IV: Blockchain, Robots, Legal Tech and Data Protection Challenges
8. Data Protection and Blockchain Technologies
Gerald Spindler
9. Personal Care Robots and EU Data Protection Law
Martin Ebers
10. Legal Tech and Data Protection: Enemies or Friends?
Peter Rott
Part V: Behavioral Advertising, Biometrics, Emotions and Data Protection
11. The Mismatch between GDPR and Behavioural Advertising: What Way Forward?
Federico Galli and Galileo Sartor
12. Beyond Procedural Fetishism: The Inadequacy of GDPR in Regulating Facial Recognition Technologies and Public Space Surveillance
Monika Zalnieriute
13. The Privacy of Emotions: From the GDPR to the AI Act – An Overview of Emotional AI Regulation and the Protection of Privacy and Personal Data
Mateja Durovic and Tommaso Corno
Biography
Martin Ebers is president of the Robotics & AI Law Society (RAILS) and Associate Professor of IT Law at the University of Tartu (Estonia). He taught and presented at more than 100 international conferences, is a member of several national and international research networks and published 16 books and over 120 articles in the field of Law & Technology. His latest books are amongst others. Algorithms and Law (Cambridge University Press, 2020); Algorithmic Governance and Governance of Algorithms (Springer Nature, 2021); and Contracting and Contract Law in the Age of Artificial Intelligence (Hart Publishing, 2022).
Karin Sein is a Professor of Civil Law in the Faculty of Law of the University of Tartu, Estonia. Her main research interests cover domestic and European contract law, consumer law, private international law and international civil procedure and also law and digitalisation. In recent years, she has provided expertise for the Estonian Ministry of Justice on implementing European consumer protection directives into Estonian contract law. During the Estonian EU Presidency in July – December 2017, she was acting as a Chair for the Council Working Group for the Proposals of the Directive on Digital Content and of the Directive on Sale of Consumer Goods.
