scispace - formally typeset
Search or ask a question
Author

Michèle Finck

Bio: Michèle Finck is an academic researcher from Max Planck Society. The author has contributed to research in topics: European union & General Data Protection Regulation. The author has an hindex of 10, co-authored 37 publications receiving 433 citations. Previous affiliations of Michèle Finck include University of Oxford & Leiden University.

Papers
More filters
Journal ArticleDOI
TL;DR: In interpreting the GDPR with respect to blockchains, fundamental rights protection and the promotion of innovation, two normative objectives of the European legal order must be reconciled given that, where designed appropriately, distributed ledgers have the potential to further theGDPR’s objective of data sovereignty.
Abstract: This paper examines data protection on blockchains and other forms of distributed ledger technology (‘DLT’). Transactional data stored on a blockchain, whether in plain text, encrypted form or after having undergone a hashing process, constitutes personal data for the purposes of the GDPR. Public keys equally qualify as personal data as a matter of EU data protection law. We examine the consequences flowing from that state of affairs and suggest that in interpreting the GDPR with respect to blockchains, fundamental rights protection and the promotion of innovation, two normative objectives of the European legal order, must be reconciled. This is even more so given that, where designed appropriately, distributed ledgers have the potential to further the GDPR’s objective of data sovereignty.

91 citations

Journal ArticleDOI
TL;DR: It is concluded that there always remains a residual risk when anonymisation is used and the concluding section links this conclusion more generally to the notion of risk in the GDPR.
Abstract: In this article, we examine the concept of non-personal data from a law and computer science perspective. The delineation between personal data and non-personal data is of paramount importance to determine the GDPR’s scope of application. This exercise is, however, fraught with difficulty, also when it comes to de-personalised data – that is to say data that once was personal data but has been manipulated with the goal of turning it into anonymous data. This article charts that the legal definition of anonymous data is subject to uncertainty. Indeed, the definitions adopted in the GDPR, by the Article 29 Working Party and by national supervisory authorities diverge significantly. Whereas the GDPR admits that there can be a remaining risk of identification even in relation to anonymous data, others have insisted that no such risk is acceptable. A review of the technical underpinnings of anonymisation that is subsequently applied to two concrete case studies involving personal data used on blockchains, we conclude that there always remains a residual risk when anonymisation is used. The concluding section links this conclusion more generally to the notion of risk in the GDPR.

84 citations

Journal ArticleDOI
TL;DR: In this paper, the authors examine data protection on blockchains and other forms of distributed ledger technology (DLT) and suggest that in interpreting the GDPR with respect to blockchains, fundamental rights protection and the promotion of innovation, two normative objectives of the European legal order, must be reconciled.
Abstract: This paper examines data protection on blockchains and other forms of distributed ledger technology (‘DLT’). Transactional data stored on a blockchain, whether in plain text, encrypted form or after having undergone a hashing process, constitutes personal data for the purposes of the GDPR. Public keys equally qualify as personal data as a matter of EU data protection law. We examine the consequences flowing from that state of affairs and suggest that in interpreting the GDPR with respect to blockchains, fundamental rights protection and the promotion of innovation, two normative objectives of the European legal order, must be reconciled. This is even more so given that, where designed appropriately, distributed ledgers have the potential to further the GDPR’s objective of data sovereignty.

78 citations

MonographDOI
20 Dec 2018
TL;DR: Finck as discussed by the authors examines the relationship between blockchain technology and EU law and introduces the theme of blockchain governance, providing a general introduction to blockchains as both a regulatable and a regulatory technology and outlines the interaction between distributed ledger technology and specific areas of EU law.
Abstract: In Blockchain Regulation and Governance in Europe, Michele Finck examines the relationship between blockchain technology and EU law and introduces the theme of blockchain governance. The book provides a general introduction to blockchains as both a regulatable and a regulatory technology and outlines the interaction between distributed ledger technology and specific areas of EU law, such as the General Data Protection Regulation. It should be read by anyone interested in EU law, the relationship between law, innovation and technology, and technology governance.

78 citations

Journal ArticleDOI
01 Jan 2019
TL;DR: The article introduces the technology and related potential and limitations of blockchain technology while stressing its capacity to act as a form of normative ordering that can express public or private objectives.
Abstract: This article examines the potential and limitations of blockchain technology and blockchain-based smart contracts in relation to copyright. Copyright has long been enforced through technological means, specifically Digital Rights Management. With the emergence of blockchains, many are now predicting a new era regarding the administration and enforcement of copyright through computer code. The article introduces the technology and related potential and limitations while stressing its capacity to act as a form of normative ordering that can express public or private objectives.

54 citations


Cited by
More filters
01 May 2015
TL;DR: The 12 October local government elections in the Republic of Albania marked further progress towards compliance with OSCE, Council of Europe and other international commitments and standards for democratic elections as mentioned in this paper. But shortcomings in a number of areas remain to be addressed ahead of the next parliamentary elections, particularly in relation to voter lists, which continue to be problematic.
Abstract: The 12 October local government elections in the Republic of Albania marked further progress towards compliance with OSCE, Council of Europe and other international commitments and standards for democratic elections. However, shortcomings in a number of areas remain to be addressed ahead of the next parliamentary elections, particularly in relation to voter lists, which continue to be problematic.

201 citations

Journal ArticleDOI
TL;DR: It is claimed that blockchain technology relies on cryptographic rules, mathematics, and game-theoretical incentives in order to increase confidence in the operations of a computational system, yet such an increase in confidence ultimately relies on the proper operation and governance of the underlying blockchain-based network, which requires trusting a variety of actors.

144 citations

Journal ArticleDOI
TL;DR: In this article, the authors argue that financial technology is the key driver for financial inclusion, which in turn underlies sustainable balanced development, as embodied in the UN Sustainable Development Goals (SDGs), and the full potential of FinTech to support the SDGs may be realized with a progressive approach to the development of underlying infrastructure to support digital financial transformation.
Abstract: We argue financial technology (FinTech) is the key driver for financial inclusion, which in turn underlies sustainable balanced development, as embodied in the UN Sustainable Development Goals (SDGs). The full potential of FinTech to support the SDGs may be realized with a progressive approach to the development of underlying infrastructure to support digital financial transformation. Our research suggests that the best way to think about such a strategy is to focus on four primary pillars. The first pillar requires the building of digital identity, simplified account opening and e-KYC systems, supported by the second pillar of open interoperable electronic payments systems. The third pillar involves using the infrastructure of the first and second pillars to underpin electronic provision of government services and payments. The fourth pillar—design of digital financial markets and systems—supports broader access to finance and investment. Implementing the four pillars is a major journey for any economy, but one which has tremendous potential to transform not only finance but economies and societies, through FinTech, financial inclusion and sustainable balanced development.

132 citations

Journal ArticleDOI
TL;DR: In this article, a comprehensive framework of business model categories is proposed, distinguishing four market segments of the sharing economy: Singular Transaction Models, Subscription-based Models, Commission-Based Platforms and Unlimited Platforms.

128 citations

Journal ArticleDOI
TL;DR: In this paper, an extensive form of "screening" of circular economy actions in emerging circular cities, focusing on eight European historic port cities self-defined as "circular", is presented.
Abstract: The circular city is emerging as new concept and form of practice in sustainable urban development. This is a response to the complex and pressing challenges of urbanization, as highlighted in the New Urban Agenda (NUA). The concept of a “circular city” or “circular city-region” derives from the circular economy model applied in the spatial territorial dimension. It can be associated with the concept of a “self-sustainable” regenerative city, as stated in paragraph n.71 of the NUA. This paper aims to develop an extensive form of “screening” of circular economy actions in emerging circular cities, focusing on eight European historic port cities self-defined as “circular”. The analysis is carried out as a review of circular economy actions in the selected cities, and specifically aims to identify the key areas of implementation in which the investments in the circular economy are more oriented, as well as to analyze the spatial implications of the reuse of buildings and sites, proposing a set of criteria and indicators for ex-ante and ex-post evaluations and monitoring of circular cities. Results show that the built environment (including cultural heritage), energy and mobility, waste management, water management, industrial production (including plastics, textiles, and industry 4.0 and circular design), agri-food, and citizens and communities can be adopted as strategic areas of implementation of the circular city model in historic cities, highlighting a lack of indicators in some sectors and identifying a possible framework for “closed” urban metabolism evaluation from a life-cycle perspective, focusing on evaluation criteria and indicators in the (historic) built environment.

110 citations