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Profiling - the technique of observing people's behavior on the Internet, and thus collecting and using their personal data - can benefit businesses, the economy and society, as well as, in some cases, private individuals, for instance by leading to better market segmentation or by permitting an analysis of risks and fraud. However, the use of profiling techniques without precautions and specific safeguards could damage human dignity and unjustifiably deprive individuals of access to certain goods or services. The recommendation's objectives are: - to provide a coherent regulatory framework which strikes a fair balance between the interests at stake; - to ensure effective protection of the rights of data subjects and fair procedures in situations where mass quantities of data are processed; - to avoid situations where profiles give rise automatically to negative decisions, discrimination or stigmatization.
Recoge: 1.Recommandation noR(89)2 adoptée par le Comité des Ministres du Conseil de l'europe le 18 janvier 1989, a été préparée par le Comité d'experts sur la protection des données (CJ-PD), institué sous les auspices du Comité européen de coopération juridique (CDCJ) - 2.La présente publication contient les textes de la Recommandation noR(89)2 et de l'exposé des motifs préparés par le comité d'experts, tels qu'amendés par le CDCJ.
The past two decades have seen a radical change in the online landscape with the emergence of GAFAM (Google, Amazon, Facebook, Apple and Microsoft). Facebook, specifically, has acquired a unique monopoly position among social media, and is part of the digital lives of billions of users. A mutual influence between Facebook and the legal framework has gradually emerged, as EU legislators and judges are on the one hand forced to accept the reality of new, widespread behaviors and practices and on the other have constructed a legal framework that imposes limits and rules on the use of the social network.This book offers a unique perspective on this relationship, exploring the various activities and services proposed by Facebook and discussing the attendant legal issues. Accordingly, questions concerning the GDPR, its principles, rights and obligations are in the center of the discussions. However, the book does not limit its scope to data protection: Facebook has also greatly contributed to a liberalization and democratization of speech. In accordance, the classic principles of media law must be revisited, adapted or suitably enforced on the platform. Intellectual property law governs what is owned and by whom, no matter whether raw data or informational goods are concerned. Frameworks on hate speech and fake news are the result of coregulation principles of governance, whereas defamation jurisprudence continues to evolve, considering the consequences of merely “liking” certain content. The economic model of advertising is also governed by strict rules. Above all, Facebook is currently caught in a dilemma of substantial interest for society as a whole: is it a neutral online intermediary, i.e., merely a passive player on the Internet, or is it transforming against its will into an editorial service? In conclusion, the book has a dual purpose. First, it proposes a global and practical approach to the EU legal framework on Facebook. Second, it explores the current limits and the ongoing transformation of EU Internet law as it steadily adapts to life in the new digital world.
In light of the increased utilization of information technologies, such as social media and the ‘Internet of Things,’ this book investigates how this digital transformation process creates new challenges and opportunities for political participation, political election campaigns and political regulation of the Internet. Within the context of Western democracies and China, the contributors analyze these challenges and opportunities from three perspectives: the regulatory state, the political use of social media, and through the lens of the public sphere. The first part of the book discusses key challenges for Internet regulation, such as data protection and censorship, while the second addresses the use of social media in political communication and political elections. In turn, the third and last part highlights various opportunities offered by digital media for online civic engagement and protest in the public sphere. Drawing on different academic fields, including political science, communication science, and journalism studies, the contributors raise a number of innovative research questions and provide fascinating theoretical and empirical insights into the topic of digital transformation.
1. Introduction and research problem -- 2. A theoretical framework -- 3. The European leghold trap regulation -- 4. The European ban on the use of growth-hormones in meat production -- 5. Genetically modified foods and food products -- 6. The European data protection directive -- 7. Summary and conclusions.