Harvard Law Review Symposium on Privacy and Technology: Call for Papers

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2 Responses

  1. I am an aggregate Professor of Institutions of Private Law, University of Naples Federico II, School of Economics.
    I send abstracts to the Symposium of private law.
    I hope you can interest. Thank you.
    Antonella Miletti

  2. I am an aggregate professor of Institutions of Private Law, University of Naples Federico II, School of Economics.
    I send abstracts to the symposium of private law.
    I hope you can interest. Thank you.
    Antonella Miletti

    New laws about European privacy rights

    Globalized world requires new rules to govern a system based on advanced technologies and with different needs: on the one hand there is the need that privacy rights will not be violated frequently, on the other hand the need that large amount of information traveling on the network, released by companies, public authorities, private citizens who disseminate information, will not be hindered by constantly hampered by constraints and barriers of any kinds due to concerns about data security.
    Economic development, e-business, digital economy, cannot prescind to use of current technologies and in the general exchange of information is essential to create confidence in users, looking for shared solutions to global and international scope, because matter cannot be subject to strict national barriers.
    In Europe we are working very hard in this direction, with important new laws.
    European regulation is based on fundamental principles of Article 16 of the Treaty on the Functioning of the European Union (TFEU) and Article 8 of the Charter of Fundamental Rights which recognize right of protection of personal data, and establish rules for their freedom of circulation.
    On this legislative basis there was a very interesting proposal for an European Union directive that will profoundly change all current normative about personal data, updating and modernizing principles enshrined in the preexisting Directive of 1995, n.46, presented in Brussels on 25 January 2012 to develop a single global market for all EU countries, but will also involve American companies operating in European market and all companies working outside EU, but that manage personal data of citizens belonging to EU.
    In this proposal are forecast greater responsibility in the event of data breaches, it is established the right to their portability, improving competitiveness among enterprises operating in the area and acknowledging more rights to users.
    Now is born the right to be forgotten: it will be possible erase data for those who prefer to eliminate them from the network, in order to counteract risks (concerning the right to be forgotten Italian Supreme Court of Cassation with the decision n.5525 of 5 April 2012 recognized personal data as good with an economic value establishing that for news existing in network it is necessary respect criteria of proportionality, necessity, relevance and not excessive information, ensuring context and especially the update).
    EU directive of October 25, 2011, n.83, for the first time, about cross-border trade by Internet has dealt with digital content and consumer protection in order to improve competitiveness and competition among enterprises, tending to a complete harmonization of EU countries about legal movement of digital data within contracts of sale (including standard and forms and obtaining a reduction of transaction costs).
    This is in line with the political strategy “Europe 2020”, direct to smart growth, sustainable and inclusive with Digital Agenda for Europe to foster the creation of a digital single market characterized by a single market of security and a legal with the objective of EU growth, fostering innovation, economic growth and progress, strengthening trust and security online, improving the literacy, skills and inclusion in the digital world.
    In line with the Digital Agenda for Europe in Italy have been issued two legislative decrees issued May 28, 2012, n. 69 and n.70, aimed at increase protection of consumers and their privacy against the violation of personal data; they have changed the Code about the protection of personal data (Legislative Decree no. 196 of 2003), in force in Italy. Among the innovations it is to remember in particular the prior consent that have to be provided for the cookies (which store the choices and preferences in user navigation) by users contracting allowing the storage of information of a contractor or a user only if they gave their consent.
    Italian Data Protection Authority has issued an handbook on the proper use of cloud computing that involves the outsourcing of data and documents with problems difficult to resolve at national scope and require a shared reflection at European and international level, for implications on processing of personal data.
    More attention should be paid to the contractual conditions for the delivery of cloud services with reference to obligations and responsibilities in case of loss of data stored in the cloud and the consequences in case of decision to change provider.
    All these new laws are a good point of departure point for a productive comparison on this matter.

    Antonella Miletti