The extra-territorial aspect of the GDPR has been designed mimicking the criminal law approach enforced to punish crimes committed abroad by a national citizen. But while this approach works for criminal law, it doesn’t for civil (in the Continental meaning of the word) law that is strongly based on the jurisdiction (meant as “geographical limit to the power of a sovereign State) concept. Under this principle, a law can’t extend its reach outside the boundaries of the State that passed it. Continue reading “About GDPR and Extraterritoriality”
The Agenzia delle entrate possible data-breach and the Italian Data Protection Authority’s reaction
According to Il Sole24 Ore (the Italian financial daily newspaper), the Agenzia delle entrate (the public body entitled to the processing of Italian citizen’s tax information – about 20 billion, says the newspaper) has been shut down because of a bug allowing unrestricted access to those tax related information.
This is a clear infringement of the data protection by design and by default rule, as well as evidence that a poor security check has been done before opening the server to the Internet. But the Italian Data Protection Authority, instead of starting an investigation, just “asked for information”, a rather odd behaviour if compared to the attitude showed by the Authority toward the private sector.
I wonder if the DPA will use the very same light approach when a similar – and maybe less threatening – even should happen to some non public entity.
The EUIPO wrong notion of Internet Domains
The European Union Intellectual Property Office published a chart to advocate the superiority of the trademark registration over the domain registration as a tool to protect a brand or a business name. But these information are legally incomplete and technically wrong.
Let’s see why. Continue reading “The EUIPO wrong notion of Internet Domains”
A CRISPR-Cas9 Research and the GDPR. A case-study
Personal genetic data processing is routinely believed to be subjected to Data Protection Regulations and in particular to the EU General Data Protection Regulation. While this is – in general – true, it is important to know exactly when and until where those regulation can affect the genetic research and – therefore – the possibility to find a cure for genetic diseases. Clearly, an actual life-or-death problem. Continue reading “A CRISPR-Cas9 Research and the GDPR. A case-study”
Business Insider and the Western Centric Arrogance (Oversimplification, again)
A couple of articles from Business Insider just gave me the chance to talk again of the interconnected world cultural oversimplification problem, and the (lack of) responsibility of professional information provider (not only journalists, I mean.)
Continue reading “Business Insider and the Western Centric Arrogance (Oversimplification, again)”