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Inspirations from EU financial law for privacy protection by information obligations in Active and Assisted Living technologies
Stockholm University, Faculty of Law, Department of Law, The Swedish Law and Informatics Research Institute.ORCID iD: 0000-0002-2540-3899
2023 (English)In: Internet. Hacking / [ed] Agnieszka Gryszczyńska, Grażyna Szpor, Wojciech Wiewiórowski, Warsaw: C.H. Beck, 2023, p. 172-197Chapter in book (Refereed)
Abstract [en]

This paper shows how experiences from the area of EU financial law can be used to strengthen privacy protection in Active and Assisted Living (AAL), by fulfilling information obligations. Firstly, the importance of the information obligation in the fields of law, society, and economics is explained. A reluctance to accept new technology often comes from a lack of understanding thereof. In economics, it is assumed that people make informed choices, and that the main tool for consumer protection is the provision of information (the information paradigm). That is why the law requires us to provide information, sometimes making it a condition of a transaction’s validity. Two main EU legal acts vital for computer systems and assistive technology,i.e., the General Data Protection Regulation (GDPR) and the Artificial Intelligence Act (AI Act) proposed by the Commission in 2021, are analysed to identify information obligations: They specify different information obligations, including rules on informed consent, without which several systems and their functions cannot be used. The purpose of the requirement of informed consent is to provide data subjects with tools to protect their privacy, allowing them to decide how their personal data may be processed. The information obligation is similarly applied in the field of consumer protection. In this paper, I suggest verifying the development of regulations concerning consumer protection by information obligation in EU banking and investment law. After the crisis of 2008, a long legal trajectory occurred – from the detailed prospectus, through the simplified prospectus and the Key Investor Information Document (KIIDs), to the current standardised and shorter Key Information Document (KID). Changes were introduced, as a result of behavioural research into people’s perceptions and understanding. That experience may be useful in assisting technologies to fulfil the legal information obligations most effectively and, therefore, strengthen data privacy protection.

Place, publisher, year, edition, pages
Warsaw: C.H. Beck, 2023. p. 172-197
Keywords [en]
Law, European Law, Active and Assisted Technology, information obligation
National Category
Law and Society
Research subject
Law and Information Technology
Identifiers
URN: urn:nbn:se:su:diva-219167ISBN: 978-83-8291-863-2 (print)OAI: oai:DiVA.org:su-219167DiVA, id: diva2:1782093
Funder
EU, Horizon 2020, 861091Available from: 2023-07-12 Created: 2023-07-12 Last updated: 2023-07-12

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Kuźmicz, Maksymilian

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Citation style
  • apa
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Output format
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