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3The Technical Manual for the digital evaluation tool QualiTePE supports users of the QualiTePE tool in creating, conducting and analysing evaluations to record the quality of teaching in physical education. The information on the General Data Protection Regulation (GDPR) instructs users on how to anonymise the data collection of evaluations and which legal bases apply with regard to the collection of personal data. The technical manual for the digital evaluation tool QualiTePE and the information on the General Data Protection Regulation (GDPR) are available in English, German, French, Italian, Spanish, Dutch, Swedish, Slovenian, Czech and Greek.
ANDERSOORTIG MATERIAAL
Veel overheden en bedrijven denken dat het met de nieuwe privacywet (GDPR) niet zo’n vaart zal lopen. Maar weten zij waar ze alle data bewaren? En wat ermee gebeurt? Het rondslingeren van data is een groot probleem, zeggen Hans Henseler en Geert-Jan van Bussel. Bedrijven en overheden hebben hun information governance en informatiewaardeketen niet onder controle.
ARTIKEL
Disclosure of personal data is considered as one of the main threats for data opening. In this contribution we consider the data that are sensitive in GDPR terms (for example, criminal justice data within the Dutch justice domain) and discuss how they can be opened. According to Dutch laws, such data can be opened if they are without personal information. Subsequently, we distinguish two cases for having no personal information in data sets based on whether the data controller cannot or can revert the data protection process. These two cases are related to two GDPR concepts of data being anonymous or pseudonymized in its GDPR sense, respectively. In this contribution we highlight the need for deciding on which GDPR concept should be adopted for opening sensitive data sets (i.e., whether the opened data should be protected against data controllers or not). For making this decision, we recommend policymakers to consider also the impacts of realizing the prevalent concept on, e.g., data utility.
ARTIKEL
Werkgevers in de Europese Unie gebruiken draagbare technologie, zoals smartphones, om er preventief voor te zorgen dat hun bedrijf geen besmettingshaard wordt. Door bron- en contactonderzoek en tracking van werknemers proberen zij dat te bereiken. Maar hoe zit dit in relatie tot de Europese AVG-regels? Stefania Marassi van de Haagse Hogeschool stelt dat er strikte voorwaarden moeten zijn om deze technologie te mogen gebruiken.
ARTIKEL
Data collected from fitness trackers worn by employees could be very useful for businesses. The sharing of this data with employers is already a well-established practice in the United States, and companies in Europe are showing an interest in the introduction of such devices among their workforces. Our argument is that employers processing their employees’ fitness trackers data is unlikely to be lawful under the General Data Protection Regulation (GDPR). Wearable fitness trackers, such as Fitbit and AppleWatch devices, collate intimate data about the wearer’s location, sleep and heart rate. As a result, we consider that they not only represent a novel threat to the privacy and autonomy of the wearer, but that the data gathered constitutes ‘health data’ regulated by Article 9. Processing health data, including, in our view, fitness tracking data, is prohibited unless one of the specified conditions in the GDPR applies. After examining a number of legitimate bases which employers can rely on, we conclude that the data processing practices considered do not comply with the principle of lawfulness that is central to the GDPR regime. We suggest alternative schema by which wearable fitness trackers could be integrated into an organization to support healthy habits amongst employees, but in a manner that respects the data privacy of the individual wearer.
ARTIKEL
To enhance the transparency, accountability and efficiency of the Dutch Ministry of Justice and Security, the ministry has set up an open data program to proactively stimulate sharing its (publicly funded) data sets with the public. Disclosure of personal data is considered as one of the main threats for data opening. In this contribution we argue that, according to Dutch laws, the criminal data within the Dutch justice domain are sensitive data in GDPR terms and that the criminal data can only be opened if these sensitive data are transformed to have no personal information. Subsequently, having no personal information in data sets is related to two GDPR concepts: the data being anonymous in its GDPR sense or the data being pseudonymized in its GDPR sense. These two GDPR concepts, i.e., being anonymous data or pseudonymized data in a GDPR sense, can be distinguished in our setting based on whether the data controller cannot or can revert the data protection process, respectively. (Note that the terms anonymous and pseudonymized are interpreted differently in the technical domain.) We examine realizing these GDPR concepts with the Statistical Disclosure Control (SDC) technology and subsequently argue that pseudonymized data in a GDPR sense delivers a better data utility than the other. At the end, we present a number of the consequences of adopting either of these concepts, which can inform legislators and policymakers to define their strategy for opening privacy sensitive microdata sets, like those pertaining to the Dutch criminal justice domain.
ARTIKEL
The American company Amazon has made headlines several times for monitoring its workers in warehouses across Europe and beyond.1 What is new is that a national data protection authority has recently issued a substantial fine of €32 million to the e-commerce giant for breaching several provisions of the General Data Protection Regulation (gdpr) with its surveillance practices. On 27 December 2023, the Commission nationale de l’informatique et des libertés (cnil)—the French Data Protection Authority—determined that Amazon France Logistique infringed on, among others, Articles 6(1)(f) (principle of lawfulness) and 5(1)(c) (data minimization) gdpr by processing some of workers’ data collected by handheld scanner in the distribution centers of Lauwin-Planque and Montélimar.2 Scanners enable employees to perform direct tasks such as picking and scanning items while continuously collecting data on quality of work, productivity, and periods of inactivity.3 According to the company, this data processing is necessary for various purposes, including quality and safety in warehouse management, employee coaching and performance evaluation, and work planning.4 The cnil’s decision centers on data protection law, but its implications reach far beyond into workers’ fundamental right to health and safety at work. As noted in legal literature and policy documents, digital surveillance practices can have a significant impact on workers’ mental health and overall well-being.5 This commentary examines the cnil’s decision through the lens of European occupational health and safety (EU ohs). Its scope is limited to how the French authority has interpreted the data protection principle of lawfulness taking into account the impact of some of Amazon’s monitoring practices on workers’ fundamental right to health and safety.
ARTIKEL
Design and development practitioners such as those in game development often have difficulty comprehending and adhering to the European General Data Protection Regulation (GDPR), especially when designing in a private sensitive way. Inadequate understanding of how to apply the GDPR in the game development process can lead to one of two consequences: 1. inadvertently violating the GDPR with sizeable fines as potential penalties; or 2. avoiding the use of user data entirely. In this paper, we present our work on designing and evaluating the “GDPR Pitstop tool”, a gamified questionnaire developed to empower game developers and designers to increase legal awareness of GDPR laws in a relatable and accessible manner. The GDPR Pitstop tool was developed with a user-centered approach and in close contact with stakeholders, including practitioners from game development, legal experts and communication and design experts. Three design choices worked for this target group: 1. Careful crafting of the language of the questions; 2. a flexible structure; and 3. a playful design. By combining these three elements into the GDPR Pitstop tool, GDPR awareness within the gaming industry can be improved upon and game developers and designers can be empowered to use user data in a GDPR compliant manner. Additionally, this approach can be scaled to confront other tricky issues faced by design professionals such as privacy by design.
CONFERENTIEBIJDRAGE
Data collection is crucial in modern automotive engineering. Yet, the focus on technological development often overlooks legal, ethical, and privacy aspects. This feasibility study aims to bridge this knowledge gap for SMEs and research entities by examining the technical, legal, and ethical aspects impacting vehicle data collection. It provides a guide for organisations within the European context with a global perspective. The crucial importance of each aspect is highlighted within the modern context of connected vehicles, increasing cyber-attacks and the legal demands of handling and processing data. This report provides guidelines for hardware selection, software development, data handling and storage, cybersecurity, and privacy and legal compliance. It discusses the considerations for choosing data collection hardware, outlines the software methodologies for data acquisition and cloud synchronization, and provides an overview of cybersecurity in the context of automotive applications. The report also covers the handling and storage of both low-throughput and high-throughput data, with a focus on data types, retrieval, and storage options. It concludes with a discussion on legal aspects, particularly data ownership, protection under GDPR, and liability implications. The importance of these topics in the modern context of IoT connectivity, edge computing and the application of various AI technologies cannot be understated. The broad applications of such technologies encourages the use of data standards and interoperability for modern connected and autonomous vehicles. This document serves as a guide for SMEs and research entities involved in automotive data collection, providing information so they may better navigate and understand the complexities of modern automotive data collection, ensuring they consider all aspects. It highlights the importance of interdisciplinary expertise for modern automotive data collection and bridges the gaps in knowledge that organisations may have within a number of important topics for data collection. By bridging knowledge gaps, the report empowers organisations to make informed decisions about automotive data collection, ensuring accuracy, efficiency, and legal compliance.
RAPPORT