Viviane Reding

Bio: Viviane Reding is an academic researcher. The author has contributed to research in topics: Data Protection Directive & Data Protection Act 1998. The author has an hindex of 2, co-authored 2 publications receiving 68 citations.

The European data protection framework for the twenty-first century

Abstract: This article sets out some of the key elements of the Commission's EU data protection reform proposals and highlights a number of the main changes compared to the current situation. † The new legislative instruments contain import- ant changes to the current acquis, relating in particular to

The Upcoming Data Protection Reform for the European Union

Abstract: The protection of personal data is one of the basic values in Europe, for the Member States of the EU, and for the EU institutions. EU legal rules on data protection do not discriminate between EU citizens and foreigners—the fundamental right to personal data protection is guaranteed to ‘every person’ in Europe, citizens and non-citizens alike. As Vice-President of the Commission and Commissioner for Justice, Fundamental Rights and Citizenship, I want to make sure that this right is promoted in all our actions.

Security of Cyber-Physical Systems

Abstract: Cyber-physical system (CPS) innovations, in conjunction with their sibling computational and technological advancements, have positively impacted our society, leading to the establishment of new horizons of service excellence in a variety of applicational fields. With the rapid increase in the application of CPSs in safety-critical infrastructures, their safety and security are the top priorities of next-generation designs. The extent of potential consequences of CPS insecurity is large enough to ensure that CPS security is one of the core elements of the CPS research agenda. Faults, failures, and cyber-physical attacks lead to variations in the dynamics of CPSs and cause the instability and malfunction of normal operations. This reprint discusses the existing vulnerabilities and focuses on detection, prevention, and compensation techniques to improve the security of safety-critical systems.

The Legal Protection of Personal Images Shared on Social Networks in Australia

Abstract: Social networks have changed the nature of communication in the modern world: they have changed how people communicate, the frequency and mode of communication, and how people relate to those communications. Social networks have also changed the type of information that is communicated. One of the notable developments has been a proliferation of the sharing of images that people have taken themselves. From the ubiquitous selfie through to group shots, personal images are now a key part of modern social communication. A number of problems have arisen as a consequence of the rapid increase in the sharing of personal images online. This is because personal images uploaded online are, more now than ever, prone to misuse. Third parties are easily able to reuse, distort and alter images that are uploaded on social networks. As a result, people are at risk of losing control over the images that they upload online.

Search Engine Freedom. on the Implications of the Right to Freedom of Expression for the Legal Governance of Web Search Engines

Abstract: Joris van Hoboken onderzocht de betekenis van het fundamentele recht op vrijheid van meningsuiting voor de rechtspositie van zoekmachines. Zijn onderzoek richtte zich op de juiste rol van de overheid ten aanzien van de wijze waarop dit nieuwe medium informatie op internet ontsluit. Van Hoboken concludeert dat de gebruikers van zoekmachines, de aanbieders van informatie, en de zoekmachine allen een eigen beroep op de vrijheid van meningsuiting toekomt. Hij werkt deze conclusie verder uit in een analyse van actuele rechtsvragen in het zoekmachinerecht waarin de vrijheid van meningsuiting een belangrijke rol speelt. Hij doet aanbevelingen over de verantwoordelijkheid van zoekmachines voor de ontsluiting van onrechtmatige informatie, het belang van een pluriforme publieke informatievoorziening en de rol van zoekmachines daarin, de transparantie ten aanzien van de werking van zoekmachines en commerciele communicatie, en de bescherming van de privacy van gebruikers vanuit hun belang op intellectuele vrijheid.

Challenges of ethical and legal responsibilities when technologies' uses and users change: social networking sites, decision-making capacity and dementia

Abstract: Successful technologies' ubiquity changes uses, users and ethicolegal responsibilities and duties of care. We focus on dementia to review critically ethicolegal implications of increasing use of social networking sites (SNS) by those with compromised decision-making capacity, assessing concerned parties' responsibilities. Although SNS contracts assume ongoing decision-making capacity, many users' may be compromised or declining. Resulting ethicolegal issues include capacity to give informed consent to contracts, protection of online privacy including sharing and controlling data, data leaks between different digital platforms, and management of digital identities and footprints. SNS uses in healthcare raise additional issues. Online materials acting as archives of `the self' bolster present and future identities for users with compromised capacity. E-health involves actual and potential intersection of data gathered for the purpose of delivering health technological support with data used for social networking purposes. Ethicolegal guidance is limited on the implications of SNS usage in contexts where users have impaired/reduced capacity to understand and/or consent to sharing personal data about their health, medication or location. Vulnerable adults and family/carers face uncertainty in regard to consent, data protection, online identity and legal liabilities. Ethicolegal responsibilities and duties of care of technology providers, healthcare professionals, regulatory bodies and policymakers need clarification.

When data flows across borders: Aligning international trade law with internet policy objectives

Abstract: With the rapid digitalisation of the economy, cross-border data flows have become essential for the functioning of different sectors of the economy, including the digital services industry. However, governments often restrict cross-border flows through various laws, regulations, policies and administrative measures (or ‘data-restrictive measures’) to achieve internet-related policy objectives such as regulating online content, protecting online privacy of internet users, and cybersecurity protection. These measures typically interfere with the architecture of the internet and the technical protocols/designs of digital services, resulting in economically and technologically inefficient outcomes. Further, as data-restrictive measures constrain cross-border supply of digital services, they constitute trade barriers, and therefore may violate provisions of the General Agreement on Trade in Services (‘GATS’) of the World Trade Organization (‘WTO’). This thesis investigates how GATS applies to data-restrictive measures and whether its rules can balance trade and internet policy objectives. It first highlights the complementary relationship of the three fundamental principles of internet governance applicable to cross-border data flows, namely internet openness, privacy and security. It then proposes a theoretical framework whereby GATS can be aligned with these three principles to support both an open and predictable framework for digital trade and robust internet policies. The thesis applies this framework to three common types of datarestrictive measures, namely online content regulation measures, privacy-related datarestrictive measures, and cybersecurity-related data-restrictive measures. This thesis finds that GATS can be thoughtfully applied and interpreted to align with principles of internet openness, privacy and security. For example, commitments of Members in their GATS Schedules of Commitments can be interpreted in a technologically neutral manner to facilitate both trade liberalisation and internet openness. Further, GATS obligations on non-discrimination, domestic regulation and market access (subject to Members’ relevant commitments and exemptions) generally facilitate an open market for cross-border data flows, thereby supporting internet openness. Finally, under GATS exceptions, Panels can distinguish protectionist datarestrictive measures disguised as cybersecurity/privacy/content regulation measures from measures genuinely necessary to achieve these objectives. To conduct a holistic assessment of data-restrictive measures under GATS, Panels should use both legal and technical evidence, including relying on internet technical and policy expertise. However, the extent to which GATS aligns with the principles of internet openness, privacy and security is constrained by the lack of multilateral consensus on internet policy issues and the somewhat outdated architecture of GATS. Therefore, in addition to interpreting existing GATS provisions more meaningfully, this thesis proposes a multipronged approach to further strengthen alignment of GATS with internet openness, privacy and security. This approach requires: meaningful use of GATS provisions on transparency and mutual recognition; introducing reforms in WTO law to incorporate relevant disciplines on cross-border data flows; and exploring options outside traditional multilateral mechanisms including developing a non-binding WTO declaration on data flows and facilitating stronger regulatory cooperation on data governance in relevant international/transnational institutions. This thesis concludes that although international trade agreements such as GATS cannot resolve all challenges pertaining to data flows, they can and should play a more proactive role in balancing trade and internet policy objectives.