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The author accompanies us along a path of greater understanding of the main phenomena of the ongoing digital revolution and dwells, from his angle as a jurist, on the processes concerning Big Data, Cloud Computing, Artificial Intelligence and Blockchain.
The reader's interest is guided by the scope of the epochal changes that the use of these new technologies produces on our life habits and the orientation of our choices as consumers and citizens.
A manipulation of consciences, with unthinkable implications thanks to the incalculable power of technologies, in which the parallelism between the economic-commercial level and the political-electoral level is particularly stimulating.
Massive and distorted use of data, personal or otherwise, can therefore undermine the core of the individual's sphere of fundamental rights and, ultimately, the dignity of the human person.
Hence, the reading that is conducted on the most relevant legal institutions that have been introduced at European level to protect privacy (EU Regulation 2016/679) and the need recurrently raised in the volume to think globally about regulatory instruments, especially of soft lawwhich, in a judicious balancing of interests, allow technologies to unfold their extraordinary effects on the economic side and on scientific achievements, but at the same time preserve, indeed strengthen, the rights of the citizen and of the formations where his personality takes place.
Vincenzo Tomasello
Senior Associate at the international law firm SAPG Legal - was born in Palermo in 1987. He graduated with honours in Law from the Catholic University of Milan.
He specialises in corporate law, corporate processes and business contracts. He deals, in particular, with corporate and business consulting, assisting clients in extraordinary transactions and in the preparation of corporate organisation and management models, governance and delegation systems, regulation of holding company services, drafting of intercompany contracts and internationalisation processes, with particular reference to the US market.
Over the last few years, in view of the growing impact that the advent of new technologies has acquired on corporate business profiles and on the rights of individuals, he has developed in-depth expertise in the fields of Fintech, IT, Big Data and in the management of business processes relating to the protection and processing of personal data, also performing the role of data protection officer for the companies he assists.
He gained significant experience in the field of litigation between consumers and financial intermediaries, at the Bank of Italy's Banking and Financial Arbitrator.
Preface (Nino Lo Bianco)
Introduction
CHAPTER I - PERSONAL DATA IN THE AGE OF THE DIGITAL REVOLUTION: INTRODUCTION TO NEW TECHNOLOGIES AND FUTURE PROSPECTS
1. Privacy and new technologies: a difficult relationship
2. The data society: trends, opportunities and challenges
2.1 Megadata
2.2 The Internet of things (IoT)
2.3 Ambient computing
2.4 Cloud Computing
3. Data-dependent business models
4. Drones and autonomous vehicles
5. Trends with a potentially greater and long-term impact
6. Sustainable technological development and data protection
7. Privacy-friendly engineering and 'dignity' at the heart of a new digital ethic
8. A European Ethics Advisory Board
9. Conclusion: time to deepen the debate
CHAPTER II - THE PROCESS OF 'DATAFICATION': PERSONAL DATA IN THE DIGITAL SOCIETY
1. Data, information and 'personal data' in the so-called datafication process
2. The main actors in the datafication process: sovereign states
2.1 (Continued:) Communication and information companies: data-driven innovation
3. Benefits and risks: the subsidiary company
4. Dato “personale” originario e derivato. Il dato personale secondo il soggetto che lo osserva
5. I possibili utilizzi dei dati personali per l’estrazione di informazioni
6.Metodo, funzione e fini della regolamentazione giuridica
7.La protezione dei dati personali come forma di regolazione pubblica nella società dei dati
CHAPTER III - THE DATA PROTECTION MODEL INTRODUCED BY THE
REGULATION (EU) 2016/679 93
1. Introduction
2. The reasons behind EU Regulation 2016/679
3. Risk, profiling, pseudonymisation: the evolution of the concept of 'personal data'
4. The notion of privacy by design (and by default) in the GDPR
5. Istituti e figure della privacy by design: la valutazione d’impatto
5.1 (Continued:) the data protection officer
6. The GDPR between global significance and implementation needs
7. The challenge of data protection: an initial stocktaking
CHAPTER IV - THE BIG DATA PHENOMENON: OPPORTUNITIES FOR ECONOMIC DEVELOPMENT AND RISKS FOR THE RIGHTS AND FREEDOMS OF INDIVIDUALS
1. Introduction
2. Big data: the 'new currency' of uncertain decipherment
3. The big data phenomenon: attempts at definition (and legal framing)
4. Knowledge production and value creation: an information advantage that cannot be taken for granted and is not always well-founded
5. The economic debate, between benefits and risks
5.1 Big data and democracy: between political pluralism, information manipulation and inequality
distribution of wealth
5.2 Big data and the desire to protect individuals against deception and
prevarication, as well as against the invasion of their privacy and the so-called 'data dictatorship'.
6. Big data and the European Regulation: protection tools for European citizens
7. Technological innovation as a driver of
regulation: economic perspectives and for the protection of citizens at EU level
CAPITOLO V – CLOUD COMPUTING, DIGITAL MARKET UNION E TRASFERIMENTI DI DATI VERSO PAESI TERZI O ORGANIZZAZIONI INTERNAZIONALI
1. Introduction
2. Cloud computing
2.1 Public clouds: data outsourcing
2.2 Potential risks of using cloud computing
3. The digital market union: the need to ensure a free circulation of data (also outside the
European context) for economic development
4. Privacy as a right and privacy as an asset: limits to data transfer and finding the right balance
5. The transfer of personal data: general principles of the Regulation
5.1 The definition of 'transfer
6. Cloud computing: when is it transferable?
7. Guidelines for the conscious use of cloud services
CHAPTER VI - BLOCKCHAIN AND EU REGULATION 2016/679
1. Introduction
2. The Blockchain: genesis of a phenomenon destined to revolutionise relations between economic operators
2.1 How the Blockchain works
2.2 Possible uses of the Blockchain
3. The potential risks of unscrupulous use
4. The main critical issues of DLT technologies related to privacy protection
5. Opportunities for the security of users' personal data
6. Possible solutions for synergetic coexistence
7. Conclusions: the need for regulation
Total pages 217
