Following the rationale of the current EU legal framework protecting personal data, children are entitled to the same privacy and data protection rights as adults. However, the child, because of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection. In the online environment, children are less likely to make any checks or judgments before entering personal information. Therefore, this paper presents an analysis of the extent to which EU regulation can ensure children’s online privacy and data protection.
De zorgsector verwerkt zeer gevoelige persoonsgegevens, waaronder gezondheidsgegevens. Bij onvoorzichtige omgang, kan dit een grote impact hebben op de rechten en vrijheden van natuurlijke personen. eHealth moet daarom voldoen aan het vereiste van data protection by design. Wanneer hieraan niet is voldaan, is het zaak om handhavend op te treden ter voorkoming van datalekken. Sinds de Algemene Verordening Gegevensbescherming (AVG) van toepassing is, bereikten meerdere datalekken het voorpaginanieuws waarbij eHealth niet voldeed aan voornoemde verplichting. In dit artikel onderzoeken de auteurs in hoeverre de in de AVG opgenomen handhavingsmogelijkheden met bijbehorende rechtsmiddelen de bescherming van persoonsgegevens waarborgen bij de inzet van eHealth.
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.
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The research proposal aims to improve the design and verification process for coastal protection works. With global sea levels rising, the Netherlands, in particular, faces the challenge of protecting its coastline from potential flooding. Four strategies for coastal protection are recognized: protection-closed (dikes, dams, dunes), protection-open (storm surge barriers), advancing the coastline (beach suppletion, reclamation), and accommodation through "living with water" concepts. The construction process of coastal protection works involves collaboration between the client and contractors. Different roles, such as project management, project control, stakeholder management, technical management, and contract management, work together to ensure the project's success. The design and verification process is crucial in coastal protection projects. The contract may include functional requirements or detailed design specifications. Design drawings with tolerances are created before construction begins. During construction and final verification, the design is measured using survey data. The accuracy of the measurement techniques used can impact the construction process and may lead to contractual issues if not properly planned. The problem addressed in the research proposal is the lack of a comprehensive and consistent process for defining and verifying design specifications in coastal protection projects. Existing documents focus on specific aspects of the process but do not provide a holistic approach. The research aims to improve the definition and verification of design specifications through a systematic review of contractual parameters and survey methods. It seeks to reduce potential claims, improve safety, enhance the competitiveness of maritime construction companies, and decrease time spent on contractual discussions. The research will have several outcomes, including a body of knowledge describing existing and best practices, a set of best practices and recommendations for verifying specific design parameters, and supporting documents such as algorithms for verification.
‘Dieren in de dijk’ aims to address the issue of animal burrows in earthen levees, which compromise the integrity of flood protection systems in low-lying areas. Earthen levees attract animals that dig tunnels and cause damages, yet there is limited scientific knowledge on the extent of the problem and effective approaches to mitigate the risk. Recent experimental research has demonstrated the severe impact of animal burrows on levee safety, raising concerns among levee management authorities. The consortium's ambition is to provide levee managers with validated action perspectives for managing animal burrows, transitioning from a reactive to a proactive risk-based management approach. The objectives of the project include improving failure probability estimation in levee sections with animal burrows and enhancing risk mitigation capacity. This involves understanding animal behavior and failure processes, reviewing existing and testing new deterrence, detection, and monitoring approaches, and offering action perspectives for levee managers. Results will be integrated into an open-access wiki-platform for guidance of professionals and in education of the next generation. The project's methodology involves focus groups to review the state-of-the-art and set the scene for subsequent steps, fact-finding fieldwork to develop and evaluate risk reduction measures, modeling failure processes, and processing diverse quantitative and qualitative data. Progress workshops and collaboration with stakeholders will ensure relevant and supported solutions. By addressing the knowledge gaps and providing practical guidance, the project aims to enable levee managers to effectively manage animal burrows in levees, both during routine maintenance and high-water emergencies. With the increasing frequency of high river discharges and storm surges due to climate change, early detection and repair of animal burrows become even more crucial. The project's outcomes will contribute to a long-term vision of proactive risk-based management for levees, safeguarding the Netherlands and Belgium against flood risks.
During the coronavirus pandemic, the use of eHealth tools became increasingly demanded by patients and encouraged by the Dutch government. Yet, HBO health professionals demand clarity on what they can do, must do, and cannot do with the patients’ data when using digital healthcare provision and support. They often perceive the EU GDPR and its national application as obstacles to the use of eHealth due to strict health data processing requirements. They highlight the difficulty of keeping up with the changing rules and understanding how to apply them. Dutch initiatives to clarify the eHealth rules include the 2021 proposal of the wet Elektronische Gegevensuitwisseling in de Zorg and the establishment of eHealth information and communication platforms for healthcare practitioners. The research explores whether these initiatives serve the needs of HBO health professionals. The following questions will be explored: - Do the currently applicable rules and the proposed wet Elektronische Gegevensuitwisseling in de Zorg clarify what HBO health practitioners can do, must do, and cannot do with patients’ data? - Does the proposed wet Elektronische Gegevensuitwisseling in de Zorg provide better clarity on the stakeholders who may access patients’ data? Does it ensure appropriate safeguards against the unauthorized use of such data? - Does the proposed wet Elektronische Gegevensuitwisseling in de Zorg clarify the EU GDPR requirements for HBO health professionals? - Do the eHealth information and communication platforms set up for healthcare professionals provide the information that HBO professionals need on data protection and privacy requirements stemming from the EU GDPR and from national law? How could such platforms be better adjusted to the HBO professionals’ information and communication needs? Methodology: Practice-oriented legal research, semi-structured interviews and focus group discussions will be conducted. Results will be translated to solutions for HBO health professionals.
