Decentralized systems for the protection and portability of personal data

The General Data Protection Regulation (GDPR) has been designed to help promote a view in favor of the interests of individuals instead of large corporations. However, there is the need of more dedicated technologies that can help companies comply with GDPR while enabling people to exercise their rights. We argue that such a dedicated solution must address two main issues: the need for more transparency towards individuals regarding the management of their personal information and their often hindered ability to access and make interoperable personal data in a way that the exercise of one's rights would result in straightforward. We aim to provide a system that helps to push personal data management towards the individual's control, i.e., a personal information management system (PIMS). By using distributed storage and decentralized computing networks to control online services, users' personal information could be shifted towards those directly concerned, i.e., the data subjects. The use of Distributed Ledger Technologies (DLTs) and Decentralized File Storage (DFS) as an implementation of decentralized systems is of paramount importance in this case. The structure of this dissertation follows an incremental approach to describing a set of decentralized systems and models that revolves around personal data and their subjects. Each chapter of this dissertation builds up the previous one and discusses the technical implementation of a system and its relation with the corresponding regulations. We refer to the EU regulatory framework, including GDPR, eIDAS, and Data Governance Act, to build our final system architecture's functional and non-functional drivers. In our PIMS design, personal data is kept in a Personal Data Space (PDS) consisting of encrypted personal data referring to the subject stored in a DFS. On top of that, a network of authorization servers acts as a data intermediary to provide access to potential data recipients through smart contracts.

Data protection by design in the e-health care sector: theoretical and applied perspectives

In the digital age, e-health technologies play a pivotal role in the processing of medical information. As personal health data represents sensitive information concerning a data subject, enhancing data protection and security of systems and practices has become a primary concern. In recent years, there has been an increasing interest in the concept of Privacy by Design, which aims at developing a product or a service in a way that it supports privacy principles and rules. In the EU, Article 25 of the General Data Protection Regulation provides a binding obligation of implementing Data Protection by Design technical and organisational measures. This thesis explores how an e-health system could be developed and how data processing activities could be carried out to apply data protection principles and requirements from the design stage. The research attempts to bridge the gap between the legal and technical disciplines on DPbD by providing a set of guidelines for the implementation of the principle. The work is based on literature review, legal and comparative analysis, and investigation of the existing technical solutions and engineering methodologies. The work can be differentiated by theoretical and applied perspectives. First, it critically conducts a legal analysis on the principle of PbD and it studies the DPbD legal obligation and the related provisions. Later, the research contextualises the rule in the health care field by investigating the applicable legal framework for personal health data processing. Moreover, the research focuses on the US legal system by conducting a comparative analysis. Adopting an applied perspective, the research investigates the existing technical methodologies and tools to design data protection and it proposes a set of comprehensive DPbD organisational and technical guidelines for a crucial case study, that is an Electronic Health Record system.

Big data analysis systems in IoE environments for managing privacy and data protection: pseudonymity, de-anonymization and the right to be forgotten

The thesis represents the conclusive outcome of the European Joint Doctorate programmein Law, Science & Technology funded by the European Commission with the instrument Marie Skłodowska-Curie Innovative Training Networks actions inside of the H2020, grantagreement n. 814177. The tension between data protection and privacy from one side, and the need of granting further uses of processed personal datails is investigated, drawing the lines of the technological development of the de-anonymization/re-identification risk with an explorative survey. After acknowledging its span, it is questioned whether a certain degree of anonymity can still be granted focusing on a double perspective: an objective and a subjective perspective. The objective perspective focuses on the data processing models per se, while the subjective perspective investigates whether the distribution of roles and responsibilities among stakeholders can ensure data anonymity.

Internet of healthcare (law): privacy and data protection aspects in an internet of everything

The purpose of this research study is to discuss privacy and data protection-related regulatory and compliance challenges posed by digital transformation in healthcare in the wake of the COVID-19 pandemic. The public health crisis accelerated the development of patient-centred remote/hybrid healthcare delivery models that make increased use of telehealth services and related digital solutions. The large-scale uptake of IoT-enabled medical devices and wellness applications, and the offering of healthcare services via healthcare platforms (online doctor marketplaces) have catalysed these developments. However, the use of new enabling technologies (IoT, AI) and the platformisation of healthcare pose complex challenges to the protection of patient’s privacy and personal data. This happens at a time when the EU is drawing up a new regulatory landscape for the use of data and digital technologies. Against this background, the study presents an interdisciplinary (normative and technology-oriented) critical assessment on how the new regulatory framework may affect privacy and data protection requirements regarding the deployment and use of Internet of Health Things (hardware) devices and interconnected software (AI systems). The study also assesses key privacy and data protection challenges that affect healthcare platforms (online doctor marketplaces) in their offering of video API-enabled teleconsultation services and their (anticipated) integration into the European Health Data Space. The overall conclusion of the study is that regulatory deficiencies may create integrity risks for the protection of privacy and personal data in telehealth due to uncertainties about the proper interplay, legal effects and effectiveness of (existing and proposed) EU legislation. The proliferation of normative measures may increase compliance costs, hinder innovation and ultimately, deprive European patients from state-of-the-art digital health technologies, which is paradoxically, the opposite of what the EU plans to achieve.

Neo-commodification of persons: exploitation of personal data and impact on the sharing economy

The notion of commodification is a fascinating one. It entails many facets, ranging from subjective debates on desirability of commodification to in depth economic analyses of objects of value and their corresponding markets. Commodity theory is therefore not just defined by a single debate, but spans a plethora of different discussions. This thesis maps and situates those theories and debates and selects one specific strain to investigate further. This thesis argues that commodity theory in its optima forma deals with the investigation into what sets commodities apart from non-commodities. It proceeds to examine the many given answers to this question by scholars ranging from the mid 1800’s to the late 2000’s. Ultimately, commodification is defined as a process in which an object becomes an element of the total wealth of societies in which the capitalist mode of production prevails. In doing so, objects must meet observables, or indicia, of commodification provided by commodity theories. Problems arise when objects are clearly part of the total wealth in societies without meeting established commodity indicia. In such cases, objects are part of the total wealth of a society without counting as a commodity. This thesis examines this phenomenon in relation to the novel commodities of audiences and data. It explains how these non-commodities (according to classical theories) are still essential elements of industry. The thesis then takes a deep dive into commodity theory using the theory on the construction of social reality by John Searle.

Big data and AI applications for health and research. Co-regulation mechanisms as a prosed solution for data protection law issues

Big data and AI are paving the way to promising scenarios in clinical practice and research. However, the use of such technologies might clash with GDPR requirements. Today, two forces are driving the EU policies in this domain. The first is the necessity to protect individuals’ safety and fundamental rights. The second is to incentivize the deployment of innovative technologies. The first objective is pursued by legislative acts such as the GDPR or the AIA, the second is supported by the new data strategy recently launched by the European Commission. Against this background, the thesis analyses the issue of GDPR compliance when big data and AI systems are implemented in the health domain. The thesis focuses on the use of co-regulatory tools for compliance with the GDPR. This work argues that there are two level of co-regulation in the EU legal system. The first, more general, is the approach pursued by the EU legislator when shaping legislative measures that deal with fast-evolving technologies. The GDPR can be deemed a co-regulatory solution since it mainly introduces general requirements, which implementation shall then be interpretated by the addressee of the law following a risk-based approach. This approach, although useful is costly and sometimes burdensome for organisations. The second co-regulatory level is represented by specific co-regulatory tools, such as code of conduct and certification mechanisms. These tools are meant to guide and support the interpretation effort of the addressee of the law. The thesis argues that the lack of co-regulatory tools which are supposed to implement data protection law in specific situations could be an obstacle to the deployment of innovative solutions in complex scenario such as the health ecosystem. The thesis advances hypothesis on theoretical level about the reasons of such a lack of co-regulatory solutions.

La dimensione esterna della tutela dei dati personali nel diritto dell'Unione Europea

Questa tesi di dottorato ha per oggetto l’analisi della dimensione esterna della tutela dei dati personali, ossia lo studio dei meccanismi attraverso cui il diritto dell’Unione Europea assicura ai dati che vengono trasferiti verso Paesi terzi un elevato livello di protezione. In questo modo la tesi si propone di evidenziare i risultati conseguiti alla luce di quella che si rivela sempre più essere una vera e propria “politica estera legislativa” dell’Unione Europea volta alla protezione del diritto fondamentale alla tutela dei dati personali.

Data sensitivity detection in chat interactions for privacy protection

In recent years, there has been exponential growth in using virtual spaces, including dialogue systems, that handle personal information. The concept of personal privacy in the literature is discussed and controversial, whereas, in the technological field, it directly influences the degree of reliability perceived in the information system (privacy ‘as trust’). This work aims to protect the right to privacy on personal data (GDPR, 2018) and avoid the loss of sensitive content by exploring sensitive information detection (SID) task. It is grounded on the following research questions: (RQ1) What does sensitive data mean? How to define a personal sensitive information domain? (RQ2) How to create a state-of-the-art model for SID?(RQ3) How to evaluate the model? RQ1 theoretically investigates the concepts of privacy and the ontological state-of-the-art representation of personal information. The Data Privacy Vocabulary (DPV) is the taxonomic resource taken as an authoritative reference for the definition of the knowledge domain. Concerning RQ2, we investigate two approaches to classify sensitive data: the first - bottom-up - explores automatic learning methods based on transformer networks, the second - top-down - proposes logical-symbolic methods with the construction of privaframe, a knowledge graph of compositional frames representing personal data categories. Both approaches are tested. For the evaluation - RQ3 – we create SPeDaC, a sentence-level labeled resource. This can be used as a benchmark or training in the SID task, filling the gap of a shared resource in this field. If the approach based on artificial neural networks confirms the validity of the direction adopted in the most recent studies on SID, the logical-symbolic approach emerges as the preferred way for the classification of fine-grained personal data categories, thanks to the semantic-grounded tailor modeling it allows. At the same time, the results highlight the strong potential of hybrid architectures in solving automatic tasks.

How do Firms ask for Consumers’ Data Permission? The Value of Companies Data Practices.

On May 25, 2018, the EU introduced the General Data Protection Regulation (GDPR) that offers EU citizens a shelter for their personal information by requesting companies to explain how people’s information is used clearly. To comply with the new law, European and non-European companies interacting with EU citizens undertook a massive data re-permission-request campaign. However, if on the one side the EU Regulator was particularly specific in defining the conditions to get customers’ data access, on the other side, it did not specify how the communication between firms and consumers should be designed. This has left firms free to develop their re-permission emails as they liked, plausibly coupling the informative nature of these privacy-related communications with other persuasive techniques to maximize data disclosure. Consequently, we took advantage of this colossal wave of simultaneous requests to provide insights into two issues. Firstly, we investigate how companies across industries and countries chose to frame their requests. Secondly, we investigate which are the factors that influenced the selection of alternative re-permission formats. In order to achieve these goals, we examine the content of a sample of 1506 re-permission emails sent by 1396 firms worldwide, and we identify the dominant “themes” characterizing these emails. We then relate these themes to both the expected benefits firms may derive from data usage and the possible risks they may experience from not being completely compliant to the spirit of the law. Our results show that: (1) most firms enriched their re-permission messages with persuasive arguments aiming at increasing consumers’ likelihood of relinquishing their data; (2) the use of persuasion is the outcome of a difficult tradeoff between costs and benefits; (3) most companies acted in their self-interest and “gamed the system”. Our results have important implications for policymakers, managers, and customers of the online sector.

Lotta alla criminalita' e salvaguardia dei diritti e delle liberta' fondamentali nell'U.E.

La ricerca è dedicata a verificare se e come, a livello dell’Unione europea, la lotta alla criminalità (ed in particolare quella organizzata) venga condotta nel rispetto di diritti e libertà fondamentali, e se la cooperazione tra Stati membri su questo fronte possa giungere a promuovere standard omogenei ed elevati di tutela degli stessi. Gli ambiti di cooperazione interessati sono principalmente quello giudiziario in materia penale e quello di polizia, e la ritrosia degli Stati a cedere all’Unione competenze in materia si è accompagnata ad un ritardo ancora maggiore dell’emersione, nell’ambito degli stessi, della dimensione dei diritti. Ciò ha reso molto difficile lo sviluppo completo ed equilibrato di uno “spazio di libertà, sicurezza e giustizia” (art. 67 TFUE). L’assetto istituzionale introdotto dal Trattato di Lisbona e l’attribuzione di valore giuridico vincolante alla Carta hanno però posto le basi per il superamento della condizione precedente, anche grazie al fatto che, negli ambiti richiamati, la salvaguardia dei diritti è divenuta competenza ed obiettivo esplicito dell’Unione. Centrale è per la ricerca la cooperazione giudiziaria in materia penale, che ha visto la ricca produzione normativa di stampo repressivo recentemente bilanciata da interventi del legislatore europeo a finalità garantista e promozionale. L’analisi degli strumenti nella prospettiva indicata all’inizio dell’esposizione è quindi oggetto della prima parte dell’elaborato. La seconda parte affronta invece la cooperazione di polizia e quello degli interventi volti alla confisca dei beni e ad impedire il riciclaggio, misure – queste ultime - di particolare rilievo soprattutto per il contrasto al crimine organizzato. Sottesi all’azione dell’Unione in queste materie sono, in modo preponderante, due diritti: quello alla salvaguardia dei dati personali e quello al rispetto della proprietà privata. Questi, anche in ragione delle peculiarità che li caratterizzano e della loro natura di diritti non assoluti, sono analizzati con particolare attenzione.

Abusing data dominance in the digital market. The application of merger control and article 102 TFEU to data-related conducts.

The internet and digital technologies revolutionized the economy. Regulating the digital market has become a priority for the European Union. While promoting innovation and development, EU institutions must assure that the digital market maintains a competitive structure. Among the numerous elements characterizing the digital sector, users’ data are particularly important. Digital services are centered around personal data, the accumulation of which contributed to the centralization of market power in the hands of a few large providers. As a result, data-driven mergers and data-related abuses gained a central role for the purposes of EU antitrust enforcement. In light of these considerations, this work aims at assessing whether EU competition law is well-suited to address data-driven mergers and data-related abuses of dominance. These conducts are of crucial importance to the maintenance of competition in the digital sector, insofar as the accumulation of users’ data constitutes a fundamental competitive advantage. To begin with, part 1 addresses the specific features of the digital market and their impact on the definition of the relevant market and the assessment of dominance by antitrust authorities. Secondly, part 2 analyzes the EU’s case law on data-driven mergers to verify if merger control is well-suited to address these concentrations. Thirdly, part 3 discusses abuses of dominance in the phase of data collection and the legal frameworks applicable to these conducts. Fourthly, part 4 focuses on access to “essential” datasets and the indirect effects of anticompetitive conducts on rivals’ ability to access users’ information. Finally, Part 5 discusses differential pricing practices implemented online and based on personal data. As it will be assessed, the combination of an efficient competition law enforcement and the auspicial adoption of a specific regulation seems to be the best solution to face the challenges raised by “data-related dominance”.

A conceptualisation of a governance model for biobanks in the digital society

Biobanks are key infrastructures in data-driven biomedical research. The counterpoint of this optimistic vision is the reality of biobank governance, which must address various ethical, legal and social issues, especially in terms of open consent, privacy and secondary uses which, if not sufficiently resolved, may undermine participants’ and society’s trust in biobanking. The effect of the digital paradigm on biomedical research has only accentuated these issues by adding new pressure for the data protection of biobank participants against the risks of covert discrimination, abuse of power against individuals and groups, and critical commercial uses. Moreover, the traditional research-ethics framework has been unable to keep pace with the transformative developments of the digital era, and has proven inadequate in protecting biobank participants and providing guidance for ethical practices. To this must be added the challenge of an increased tendency towards exploitation and the commercialisation of personal data in the field of biomedical research, which may undermine the altruistic and solidaristic values associated with biobank participation and risk losing alignment with societal interests in biobanking. My research critically analyses, from a bioethical perspective, the challenges and the goals of biobank governance in data-driven biomedical research in order to understand the conditions for the implementation of a governance model that can foster biomedical research and innovation, while ensuring adequate protection for biobank participants and an alignment of biobank procedures and policies with society’s interests and expectations. The main outcome is a conceptualisation of a socially-oriented and participatory model of biobanks by proposing a new ethical framework that relies on the principles of transparency, data protection and participation to tackle the key challenges of biobanks in the digital age and that is well-suited to foster these goals.

Big data in health IoE in emergency situations: between the right to privacy and digital health innovation

The chapters of the thesis focus on a limited variety of selected themes in EU privacy and data protection law. Chapter 1 sets out the general introduction on the research topic. Chapter 2 touches upon the methodology used in the research. Chapter 3 conceptualises the basic notions from a legal standpoint. Chapter 4 examines the current regulatory regime applicable to digital health technologies, healthcare emergencies, privacy, and data protection. Chapter 5 provides case studies on the application deployed in the Covid-19 scenario, from the perspective of privacy and data protection. Chapter 6 addresses the post-Covid European regulatory initiatives on the subject matter, and its potential effects on privacy and data protection. Chapter 7 is the outcome of a six-month internship with a company in Italy and focuses on the protection of fundamental rights through common standardisation and certification, demonstrating that such standards can serve as supporting tools to guarantee the right to privacy and data protection in digital health technologies. The thesis concludes with the observation that finding and transposing European privacy and data protection standards into scenarios, such as public healthcare emergencies where digital health technologies are deployed, requires rapid coordination between the European Data Protection Authorities and the Member States guarantee that individual privacy and data protection rights are ensured.

Patient data sharing for the improvement of healthcare and medical research: towards a moral duty of patients to share health-related data?

The project answers to the following central research question: ‘How would a moral duty of patients to transfer (health) data for the benefit of health care improvement, research, and public health in the eHealth sector sit within the existing confidentiality, privacy, and data protection legislations?’. The improvement of healthcare services, research, and public health relies on patient data, which is why one might raise the question concerning a potential moral responsibility of patients to transfer data concerning health. Such a responsibility logically would have subsequent consequences for care providers concerning the further transferring of health data with other healthcare providers or researchers and other organisations (who also possibly transfer the data further with others and other organisations). Otherwise, the purpose of the patients’ moral duty, i.e. to improve the care system and research, would be undermined. Albeit the arguments that may exist in favour of a moral responsibility of patients to share health-related data, there are also some moral hurdles that come with such a moral responsibility. Furthermore, the existing European and national confidentiality, privacy and data protection legislations appear to hamper such a possible moral duty, and they may need to be reconsidered to unlock the full use of data for healthcare and research.

Il fascicolo sanitario elettronico tra Semantic Web e diritto alla privacy

Principale obiettivo della ricerca è quello di ricostruire lo stato dell’arte in materia di sanità elettronica e Fascicolo Sanitario Elettronico, con una precipua attenzione ai temi della protezione dei dati personali e dell’interoperabilità. A tal fine sono stati esaminati i documenti, vincolanti e non, dell’Unione europea nonché selezionati progetti europei e nazionali (come “Smart Open Services for European Patients” (EU); “Elektronische Gesundheitsakte” (Austria); “MedCom” (Danimarca); “Infrastruttura tecnologica del Fascicolo Sanitario Elettronico”, “OpenInFSE: Realizzazione di un’infrastruttura operativa a supporto dell’interoperabilità delle soluzioni territoriali di fascicolo sanitario elettronico nel contesto del sistema pubblico di connettività”, “Evoluzione e interoperabilità tecnologica del Fascicolo Sanitario Elettronico”, “IPSE - Sperimentazione di un sistema per l’interoperabilità europea e nazionale delle soluzioni di Fascicolo Sanitario Elettronico: componenti Patient Summary e ePrescription” (Italia)). Le analisi giuridiche e tecniche mostrano il bisogno urgente di definire modelli che incoraggino l’utilizzo di dati sanitari ed implementino strategie effettive per l’utilizzo con finalità secondarie di dati sanitari digitali , come Open Data e Linked Open Data. L’armonizzazione giuridica e tecnologica è vista come aspetto strategico per ridurre i conflitti in materia di protezione di dati personali esistenti nei Paesi membri nonché la mancanza di interoperabilità tra i sistemi informativi europei sui Fascicoli Sanitari Elettronici. A questo scopo sono state individuate tre linee guida: (1) armonizzazione normativa, (2) armonizzazione delle regole, (3) armonizzazione del design dei sistemi informativi. I principi della Privacy by Design (“prottivi” e “win-win”), così come gli standard del Semantic Web, sono considerate chiavi risolutive per il suddetto cambiamento.