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Data Protection Forum

The current regulations on data protection and privacy constitute both a challenge and an opportunity for all public and private organizations. This Forum aims to bring together specialists in these matters and share knowledge and practical experiences

Cecilia Alvarez Rigaudias

Director.
Facebook Privacy Officer for Europe, Middle East and Africa (EMEA)

Gabriel Lopez Serrano

Director.
Director of Regulatory Affairs for Microsoft Ibérica. Member of the Academic Council of Fide.

Ricard Martinez Martinez

Director.
Professor of Constitutional Law at the University of Valencia. Director of the Chair of Privacy and Digital Transformation at the University of Valencia. Member of the Academic Council of FIDE.

Alejandro Padin

Director.
Partner of the Commercial Law Department of Garrigues, responsible for the IT, Data Protection and Electronic Commerce area.

Jose Luis Piñar tricks

Director.
Doctor of Law. Professor of Administrative Law. Lawyer and expert consultant in Administrative Law and data protection. Member of the Academic Council of Fide.

Publications

Discover all the publications, session summaries and other documents related to the activity of this forum:

The last 13 of January, Fide held the sessionData protection challenges in 2022”, in which the directors of the Data Protection Forum FideCecilia Álvarez, Gabriel López, Ricard Martínez, Alejandro Padín and José Luis Piñar, took a tour of the most relevant issues and shared their opinions on the matter with other experts, regular participants in the sessions of Fide, regarding data protection. Below we collect some of the ideas commented by the directors of the Forum.

In the first place, it is unavoidable to take into account the degree of sophistication that the information systems. In this sense, the systems of large companies and public sector administrations — which is already the subject of Directive 2019/1024, whose transposition in Spain has been introduced through the reform of Law 37/2007 that deals with the reuse of public sector information — are characterized by the integration of a plurality of internal and external sources, by their interaction with the internet of things, sensorization, with mobile applications, and with the analysis of non-personal data that result useful for the organization.

On the other hand, the generation of data repositories allows the application of Deep Learning and Machine Learning and the development of artificial intelligence. This treatment ecosystem is also transferred to small and medium-sized companies when they contract cloud services that facilitate this type of service and that will promote a significant change in business and administrative practice at all levels. This context is functional to the European Digital Strategy and the creation of European data spaces.

To order the matter, the European Union has implemented a legislative strategy from multiple approaches that include the GDPR (Regulation on the use of non-personal data, which will organize the market for the provision of data exchange services, which will be subject to public supervision and its providers must register) the Open Data Directive, and in process Data Governance Regulation and the two laws that are going to regulate digital services and digital markets, the Regulation on AI and ePrivacy regulation.

Since the departure of the United Kingdom from the European Union, they have been left without the main ally that supported the service export model. In the Spanish case, there is no single position, on the one hand, there is a need to understand and regulate the effects generated by the two great digitization poles such as China and the United States, and, on the other hand, there is a great opportunity which represents being the vanguard country in the world of digital services that gives sustainability to the projects that are developed under the auspices of the European Union.

Finally, it is about specifically regulating certain aspects of the personal data processing, which complements the existing regulations in force and which can, on the one hand, help to provide legal certainty to some activities that already exist or are technically possible and, on the other hand, increase user confidence in how their data is used. We cannot lose sight, however, of the need for regulations that integrate the element of globality that the processing of information implies in the digital economy, as well as the loss of efficiency that the multiplication of public supervision and control bodies entails. For this reason, both the proposed Data Governance Regulation and the rest of the regulations that are in the development phase in the EU should be aimed at achieving these goals: increase the confidence of operators and interested parties and prepare for a global regulatory environment. . The question we must ask ourselves is what do we want to be at the end of this journey and what are we doing to achieve it.

In the Forum for the Protection of Fide and, throughout 2022, we will be addressing these issues in monographic sessions.

March 26th 2020

Speakers:

  • Ricard Martinez Martinez, Professor of Constitutional Law at the University of Valencia. Director of the Chair of Privacy and Digital Transformation at the University of Valencia. Member of the Academic Council of Fide
  • Alexander Padin, Partner of the Commercial Law Department of Garrigues, responsible for the IT, Data Protection and Electronic Commerce area

 

Moderator: Gabriel López Serrano, Director of Regulatory Affairs for Microsoft Ibérica. Member of the Academic Council of Fide

Summary:

Do privacy regulations imply any limit to the development of technological tools that can help alleviate, reduce or lessen the effects of the pandemic? These days we have heard voices that firmly affirm that yes, and that privacy regulations should be suspended, which is a luxury that we cannot afford when saving lives is at stake. On the contrary, privacy professionals and various supervisory authorities have said that privacy regulations are in no way an impediment to the use of technology for the prevention and mitigation of a serious health crisis such as the one we are experiencing.

Therefore, numerous questions are raised in both directions, but also detailed analyzes related to the legitimizing bases for the treatment in this situation, the need or not of consent for the treatment of health data and geolocation, the international scope of the emergency, the intervention of companies and public administrations in the exploitation of these tools, the need for general coordination so that the result is effective ...

All of this was the subject of analysis and subsequent debate during the session.

Related Items

Discover all the elements related to the activity of the Forum, such as Podcast, Videos, Articles, etc.

European Data Protection Day - The Challenge of Using Information on Research Patients

Podcast

European Data Protection Day: the challenge of using information about patients in research

Ricard Martinez

Academic coordination: Victoria Dal Lago Demi

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