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ISM - Cybercrime & Data Protection

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by

Els De Busser

on 7 October 2016

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Transcript of ISM - Cybercrime & Data Protection

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Data Protection Standards
Case examples

Correct & up to date
Adequate
Relevant
Not excessive
Purpose Limitation
Data Retention
To conclude

be aware of new legislation

data protection principles
remain the same

new issues arise already
Cybercrime Law
Right to Privacy
art. 8 European Convention on Human Rights
art. 7 EU Charter of Fundamental Rights
Definition?
Academic: right to be let alone
Right to Data Protection
art. 8 Charter of Fundamental Rights
since 2009
only in EU
privacy
personal
data
"private"
personal
data

personal data
Law Enforcement
data processor &
data controller
personal data breach
Quality of Data:
Quality of Data Processing:
UNLESS:
necessary/proportionate
+
in law
cybercrime
EU law
commercial matters
criminal matters
still applicable: Directive 95/46
May 2018: Regulation 2016/679 (GDPR)
still applicable: Framework Decision 2008
May 2018: Directive 2016/680 (Law enforcement directive)
risk-based approach:
encouraging anonymisation, pseudonymisation & encryption
impact assessments
data breach notification within 72hrs to supervisory authority and to data subject asap
REFORM
so new issues to be solved!
medical secrecy
impact on school/personal environment
emotional impact on parents & children
misuse of data by blackmailers, charlatans, sects, etc.
interruption of treatment
accidental poisoning by drug allergy or inconsistent drugs
undue delay in reimbursement of financial assistance
impact on ability to find a job, mortgage, etc.
impact on work/personal environment
emotional impact
identity fraud
phishing
purpose
unlawful data processing
Risk Mitigation
Data Protection
Impact Assessments
Consultation
Supervisory Authority
Notification of data breach
also risk-based approach
Full transcript