Barbara Van der Auwermeulen

Bio: Barbara Van der Auwermeulen is an academic researcher from University of Vienna. The author has contributed to research in topics: Service provider & Personally identifiable information. The author has an hindex of 1, co-authored 1 publications receiving 24 citations.

Some Preliminary Comments on the DIRECTIVE 95/46/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

Abstract: (1) Whereas the objectives of the Community, as laid down in the Treaty, as amended by the Treaty on European Union, include creating an ever closer union among the peoples of Europe, fostering closer relations between the States belonging to the Community, ensuring economic and social progress by common action to eliminate the barriers which divide Europe, encouraging the constant improvement of the living conditions of its peoples, preserving and strengthening peace and liberty and promoting democracy on the basis of the fundamental rights recognized in the constitution and laws of the Member States and in the European Convention for the Protection of Human Rights and Fundamental Freedoms;

Double-blind peer-reviewed proceedings part II of the International Scientific Conference Hradec Economic Days 2018 : January 30-31, 2018, Hradec Králové, Czech Republic

Abstract: Social media has become a new phenomenon of the society, which significantly affects not individuals only, but also organizations, including public institutions. An article aims on identification of current role of social media in public marketing. Specifically, it focuses on the sample of 13 regions of the Czech Republic and analyzes Facebook pages of its regional authorities. The content analysis concentrates on five blocks (out of seven original ones) of Kietzmann ́s honeycomb framework: identity, conversation, sharing, presence, and reputation. Findings confirmed that all the regions have their Facebook page set up, one third of regions react on citizen ́s request up to few minutes, the other one third up to one day. Regional authorities regularly publish its posts (11 posts per week in average) and share their own content, mainly.

How Portable is Portable?: Exercising the GDPR's Right to Data Portability

Abstract: The new European General Data Protection Regulation has introduced several new rights designed to empower users and regulate imbalances of power between those who collect and control data and those to whom the data refer. In this paper we focus on one particular right, the right to data portability, and examine how it is being implemented. We discuss the responses to 230 real-world data portability requests, and examine the file formats returned and difficulties in making and interpreting requests. We find variation in file formats, not all of which meet the GDPR requirements, and confusion amongst data controllers about the various GDPR rights.

Data Portability and Data Control: Lessons for an Emerging Concept in EU Law

Abstract: The right to data portability (RtDP) introduced by Article 20 of the General Data Protection Regulation (GDPR) forms a regulatory innovation within EU law. The RtDP provides data subjects with the possibility to transfer personal data among data controllers, but has an impact beyond data protection. In particular, the RtDP facilitates the reuse of personal data that private companies hold by establishing a general-purpose control mechanism of horizontal application. Article 20 of the GDPR is agnostic about the type of use that follows from the ported data and its further diffusion. We argue that the RtDP does not fit well with the fundamental rights nature of data protection law, and should instead be seen as a new regulatory tool in EU law that aims to stimulate competition and innovation in data-driven markets. What remains unclear is the extent to which the RtDP will be limited in its aspirations where intellectual property rights of current data holders—such as copyright, trade secrets and sui generis database rights—cause the regimes to clash. In such cases, a reconciliation of the interests might particularly confine the follow-on use of ported data again to specific set of socially justifiable purposes, possibly with schemes of fair remuneration. Despite these uncertainties, the RtDP is already being replicated in other fields, namely consumer protection law and the regulation of non-personal data. Competition law can also facilitate portability of data, but only for purpose-specific goals with the aim of addressing anticompetitive behavior. We conclude that to the extent that other regimes will try to replicate the RtDP, they should closely consider the nature of the resulting control and its breadth and impact on incentives to innovate. In any case, the creation of data portability regimes should not become an end in itself. With an increasing number of instruments, orchestrating the consistency of legal regimes within the Digital Single Market and their mutual interplay should become an equally important concern.