The Feasibility of Applying EU Data Protection Law to Biological Materials: Challenging ���Data��� as Exclusively Informational

Though controversial the question of applying data protection laws to biological materials has only gotten a little attention in data privacy discourse. This article aims to contribute to this dearth by arguing that despite absence of positive intention from the architects to apply the EU Data privacy law to biological materials, a range of developments in Molecular Biology and nano-technology���usually mediated by advances in ICT���may provide persuasive grounds to do so. In addition, paucity of sufficient explication of key terms like ���data/information��� in these legislations may fuel such tendency whereby laws originally intended for the informational world may end up applying to the biological world. The article also analyzes various predicaments that may arise from applying data privacy laws to biological materials. A focus is made on legislative sources at the EU level though national laws are relied on when pertinent.

Oblivion, Erasure and Forgetting in the Digital Age

In light of the recent European Court of Justice ruling (ECJ C-131/12, Google Spain v Spanish Data Protection Agency),the ���right to be forgotten��� has once again gained worldwide media attention. Already in 2012, whenthe European Commission proposed aright to be forgotten,this proposal received broad public interest and was debated intensively. Under certain conditions, individuals should thereby be able todelete personal data concerning them. More recently ��� in light of the European Parliament���s approval of the LIBE Committee���samendments onMarch 14, 2014 ��� the concept seems tobe close to its final form.Although it remains, for the most part,unchanged from the previously circulated drafts, it has beenre-labelled as a���right of erasure���. This article argues that, despite its catchy terminology, the right to be forgotten can be understood as a generic term, bringing together existing legal provisions: the substantial right of oblivion and the rather procedural right to erasure derived from data protection. Hereinafter, the article presents an analysis of selected national legal frameworks and corresponding case law, accounting for data protection, privacy, and general tort law as well as defamation law. This comparative analysis grasps the practical challenges which the attempt to strengthen individual control and informational self-determination faces. Consequently, it is argued that narrowing the focus on the data protection law amendments neglects the elaborate balancing of conflicting interests in European legal tradition. It is shown thatthe attemptto implement oblivion, erasure and forgetting in the digital age is a complex undertaking.

Information as Property

Information is widely regarded as one of the key concepts of modern society. The production, distribution and use of information are some of the key aspects of modern economies. Driven by technological progress information has become a good in its own right. This established an information economy and challenged the law to provide an apt framework suitable to promote the production of information, enable its distribution and efficient allocation, and deal with the risks inherent in information technology. Property rights are a major component of such a framework. However, information as an object of property rights is not limited to intellectual property but may also occur as personality aspects or even tangible property. Accordingly, information as property can be found in the area of intellectual property, personality protection and other property rights. This essay attempts to categorize three different types of information that can be understood as a good in the economic sense and an object in the legal sense: semantic information, syntactic information and structural information. It shows how legal ownership of such information is established by different subjective rights. In addition the widespread debate regarding the justification of intellectual property rights is demonstrated from the wider perspective of informational property in general. Finally, in light of current debates, this essay explores whether ���data producers��� shall have a new kind of property right in data.