Papers by Ilaria Amelia Caggiano
European Journal of Privacy Law & Technologies
This article highlights the need for legislation to protect human beings as such (and not only bu... more This article highlights the need for legislation to protect human beings as such (and not only but most of all in their position as minors, elderly people, disabled people) is indispensable in a perspective of balanced development of technologies in all possible directions. Therefore, a new concept of vulnerability is asserted not related to physiological-cognitive deficits of human beings but to their very condition as humans operating in a digital environment.
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2022 IEEE International Conference on Metrology for Extended Reality, Artificial Intelligence and Neural Engineering (MetroXRAINE), Oct 26, 2022
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European Journal of Privacy Law & Technologies, 2022
The article aims to address the issue of the protection of personal data regarding the only categ... more The article aims to address the issue of the protection of personal data regarding the only category of vulnerable subjects specifically provided by Regulation (EU) 2016/679 (GDPR): minors. Corresponding attention is dedicated to the Italian legislation (legislative decree 10 August 2018, n.101) enacted to adapt Italian law (the code regarding the protection of personal data referred to in legislative decree 30 June 2003, n. 196) to the GDPR. I will analyze the provisions referred to minors (e.g., articles 8, 12 GDPR as well as art. 2-quinquies of Legislative Decree 2003/196), as well as the principles and rules provided in general terms, which indeed need to be tailored where applicable to the processing of personal data involving minors. Positive aspects as well as critical issues are highlighted in the light of effectiveness, that is to verify if the objectives set out by law (rectius ratio legis) are put in place through rules able to realize them. With particular attention to privacy policies and effective application in digital contexts, the presentation aims to submit issues and proposals for solutions from both a de iure condito and de iure condendo perspective.
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European Journal of Privacy Law & Technologies
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The article aims to address the issue of the protection of personal data regarding the only categ... more The article aims to address the issue of the protection of personal data regarding the only category of vulnerable subjects specifically provided by Regulation (EU) 2016/679 (GDPR): minors. Corresponding attention is dedicated to the Italian legislation (legislative decree 10 August 2018, n.101) enacted to adapt Italian law (the code regarding the protection of personal data referred to in legislative decree 30 June 2003, n. 196) to the GDPR. I will analyze the provisions referred to minors (e.g., articles 8, 12 GDPR as well as art. 2-quinquies of Legislative Decree 2003/196), as well as the principles and rules provided in general terms, which indeed need to be tailored where applicable to the processing of personal data involving minors. Positive aspects as well as critical issues are highlighted in the light of effectiveness, that is to verify if the objectives set out by law (rectius ratio legis) are put in place through rules able to realize them. With particular attention to privacy policies and effective application in digital contexts, the presentation aims to submit issues and proposals for solutions from both a de iure condito and de iure condendo perspective.
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CONSENT TO ThE PRocESSIng of PERSonAL DATA A LEGAL AND BEHAVIOURAL ANALYSIS INSIGHTS INTO THE EFFECTIVENESS OF DATA PROTECTION LAW, 2018
Te article discusses and uestions te unction o inormed consent to personal data
processin,... more Te article discusses and uestions te unction o inormed consent to personal data
processin, as an eective tool or te protection o individuals undamental rit to
personal data (i.e. privacy), especially in te diital orld. Based on an eperiment conducted
trou detection tecniues, suc as eye-tracin, and a number uestionnaires,
it discusses some o preliminary results o te study in order to veriy te aareness o
individuals to te data protection issue and en tey ive consent to te processin o
personal data.
Te interated metodoloical approac, ic dras on empirical studies and beavioural
analysis, leads to considerations on te relation beteen la and tecnoloy.
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European Contract LawScots and South African Perspectives, 2006
Description: This paper will focus on a key document within the process of the Europeanization of... more Description: This paper will focus on a key document within the process of the Europeanization of private law legal scholarship, the Principles of European Contract Law. I would like to demonstrate that these Principles can be seen as a contemporary manifestation of a genuinely European tradition – a tradition which used to be labelled ius commune. And I would like to argue that they can serve as a catalyst for a Europeanization of private law „from within” and „from below” (as opposed to European legal unification by means of legislation, i.e. unification „from outside” and „from above”). In a way, therefore, the Principles mark the contours of a new European ius commune and can fulfil a function resembling that of its historical predecessor. Before these arguments can be developed a few words have to be said about the Principles of European Contract Law and about the old ius commune. It should also be noted, at the outset, that this paper does not deal with private law in general but merely with one of its constituent elements: the law of contract. One reason for this is immediately obvious: the Principles of European Contract Law constitute the most advanced and internationally most widely noted academic project aiming at the Europeanization of private law. Similar sets of Principles for other areas of the law are only just beginning to be published. This is hardly accidental. For, on the one hand, the law relating to commercial contracts has often tended to be the pacemaker for legal harmonisation. On the other hand, most of the basic concepts and evaluations informing the law of contract have not been deeply affected by legal developments under the auspices of the age of legal nationalism. The differences between the national legal systems are largely on the level of technical detail. In other areas of private law, the situation is more complex. Title of Series: Edinburgh Studies in Law Full Name(s) of Series Editor(s): Reid, Elspeth Place of Publication: Edinburgh Full Name of Book-Editor(s): MacQueen, Hector; Zimmermann, Reinhard Communicated by: N. N. Affiliations: MPI für ausländisches und internationales Privatrecht/Rechtsvergleichung und Rechtsvereinheitlichung/Europäisches Privatrecht und Rechtsvereinheitlichung This book is the culmination of a project of twenty leading British and American contract scholars, and one UK Supreme Court Justice, to examine comparatively a number of topics from UK and US contract law. It compares and contrasts in detail their respective national laws of contract in areas ranging across contract theory and structure, formation of contract, policing of contractual content, interpretation of contracts, damages, sales law, agency, and consumer law reform. Through pairings of the British and American authors, as well as observations of the editors on each of the topics covere of Book: European Contract Law: Scots and South African Perspectives
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Il consenso al trattamento dei dati personali tra Nuovo Regolamento Europeo(GDPR) e analisi comportamentale. Iniziali spunti di riflessione, 2017
Il contributo analizza criticamente la regola del consenso al trattamento dei dati personali, con... more Il contributo analizza criticamente la regola del consenso al trattamento dei dati personali, con particolare riguardo all’attuale realtà tecnologica, quale meccanismo in grado di svolgere una funzione di di autodeterminazione o protezione per l’interessato. Il lavoro si avvale dialcuni risultati dell’analisi comportamentale per la verifica dell’effettività del con- senso come
mezzo di tutela e di un’analisi giurisprudenziale relativa agli altri rimedi privatistici (risarcimento danni). Alcuni spunti per uno scenario alternativo vengono infine proposti.
The article questions the rule of consent to the proceeding of personal data, especially in the technological context, as a tool of self-determination or protection for the data subject. The work draws on some results from behavioural studies and some Italian judgements regarding otherprivate remedies in data protection law (liability for damages). Some hints for an alternativescenario are finally suggested.
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Poster presented at the event "The growing ubiquity of algorithms in society: implicatio... more Poster presented at the event "The growing ubiquity of algorithms in society: implications, impacts and innovations" Royal Society of London 30 - 31 October 2017
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Poster presented at the 30th IEE Intelligent Vehicles Symposium Mines ParisTech – PSL Research Un... more Poster presented at the 30th IEE Intelligent Vehicles Symposium Mines ParisTech – PSL Research University (Paris) 9 June 2019
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The article discusses and questions the function of informed consent to personal data processing,... more The article discusses and questions the function of informed consent to personal data processing, as an effective tool for the protection of individuals’ fundamental right to personal data (i.e. privacy), especially in the digital world. Based on an experiment conducted through detection techniques, such as eye-tracking, and a number question-naires, it discusses some of preliminary results of the study in order to verify the awareness of individuals to the data protection issue and when they give consent to the processing of personal data. The integrated methodological approach, which draws on empirical studies and behavioral analysis, leads to considerations on the relation between law and technology.
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The article discusses and questions the function of informed consent to personal data processing,... more The article discusses and questions the function of informed consent to personal data processing, as an effective tool for the protection of individuals' fundamental right to personal data (i.e.privacy), especially in the digital world. Based on an experiment conducted through detection techniques, such as eye tracking, and a number questionnaires, it discusses some preliminary results of the study in order to verify the awareness of individuals to the data pretection issue when they give consent to the processing of personal data. The integrated methodological approach, which draws on empirical studies and behavioural analysis, leads to considerations on the relation between law and technology.
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The growing ubiquity of algorithms in society: implications, impacts and innovations, 2017
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Where to from here? Algorithmic, Legal, and Societal Challenges for Autonomous Driving, 2019
Atti del convegno Where to from here? Algorithmic, Legal, and Societal Challenges for Autonomous ... more Atti del convegno Where to from here? Algorithmic, Legal, and Societal Challenges for Autonomous Driving (Parigi, 2019)
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The article deals with the topic of data protection of minors in the digital environment, focussi... more The article deals with the topic of data protection of minors in the digital environment, focussing on the issue of consent to data processing (privacy digital consent) given by a minor. Drawing on the identification of the interests to be protected referring to minors’ personal data, especially in the digital domain, I analyze the new rule on minors’ digital consent laid down by Reg. (EU) 2016/679 in order to verify its ability to meet these interests, also with a comparison with US law. Section 3 of the article puts the issue of the minors’ digital consent to personal data in relation with the privacy consent in general and the discipline of consent in contract law. The article concludes that the relevant discipline on this topic cannot be determined only by law (legal tool) or technology (technological tool), but techno-regulation and law need to be integrated. L’articolo affronta il tema della tutela della privacy dei minori nello spazio digitale, avendo particolare riguardo alla prestazione del consenso al trattamento da parte del minore. Partendo dall’individuazione dei bisogni di tutela riguardanti i minori rispetto ai propri dati, eminentemente nello spazio digitale, viene analizzata la nuova normativa in materia portata dal Reg. (EU) 2016/679 al fine di verificarne l’idoneità a rispondere agli interessi segnalati, anche attraverso la comparazione con la normativa statunitense Il tema del consenso in ambiente digitale del minore viene rapportato alla disciplina del consenso privacy e del consenso contrattuale. Emerge dal discorso condotto come la normazione della materia non possa essere affidata solo allo strumento giuridico o a quello tecnologico singolarmente presi, ma le due tecniche di normazione debbano operare in via integrata.
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Papers by Ilaria Amelia Caggiano
processin, as an eective tool or te protection o individuals undamental rit to
personal data (i.e. privacy), especially in te diital orld. Based on an eperiment conducted
trou detection tecniues, suc as eye-tracin, and a number uestionnaires,
it discusses some o preliminary results o te study in order to veriy te aareness o
individuals to te data protection issue and en tey ive consent to te processin o
personal data.
Te interated metodoloical approac, ic dras on empirical studies and beavioural
analysis, leads to considerations on te relation beteen la and tecnoloy.
mezzo di tutela e di un’analisi giurisprudenziale relativa agli altri rimedi privatistici (risarcimento danni). Alcuni spunti per uno scenario alternativo vengono infine proposti.
The article questions the rule of consent to the proceeding of personal data, especially in the technological context, as a tool of self-determination or protection for the data subject. The work draws on some results from behavioural studies and some Italian judgements regarding otherprivate remedies in data protection law (liability for damages). Some hints for an alternativescenario are finally suggested.
processin, as an eective tool or te protection o individuals undamental rit to
personal data (i.e. privacy), especially in te diital orld. Based on an eperiment conducted
trou detection tecniues, suc as eye-tracin, and a number uestionnaires,
it discusses some o preliminary results o te study in order to veriy te aareness o
individuals to te data protection issue and en tey ive consent to te processin o
personal data.
Te interated metodoloical approac, ic dras on empirical studies and beavioural
analysis, leads to considerations on te relation beteen la and tecnoloy.
mezzo di tutela e di un’analisi giurisprudenziale relativa agli altri rimedi privatistici (risarcimento danni). Alcuni spunti per uno scenario alternativo vengono infine proposti.
The article questions the rule of consent to the proceeding of personal data, especially in the technological context, as a tool of self-determination or protection for the data subject. The work draws on some results from behavioural studies and some Italian judgements regarding otherprivate remedies in data protection law (liability for damages). Some hints for an alternativescenario are finally suggested.
in the "Design of Rights for Eco-food and Eco-fertility: Markets and Causal
Relations” Workshop, held at the Suor Orsola Benincasa University, on
September 29, 2022, as the 1st International Workshop of the Jean Monnet
EUGREENEXT Chair "European Green Rights: reshaping fundamental rights
for next generations" (2021-2024).
The objective of the 2022 workshop "Design of Rights for Eco-food and Eco-fertility: Markets and Causal Relations” is to discuss the relationship between ecosystems and human health, having regard to the role of businesses and markets, from farm to fork, and the impact of pollution on health, from a wide range of perspectives.The event hosts contributions from law (public and private), medicine, biology, statistical study, design and legal design, science and social sciences and was organized in sessions and successive debates, mainly held by researchers, and, finally, a round table as an ideal space for public engagement, involving case studies of businesses and civil society (associations and confederations) and discussions among these actors.
engaging discussions, immersive exercises, and real-life case
studies, is designed to provide attendees with theoretical
knowledge, practical skills, and specialized expertise on the
current challenges of sustainable development and the
protection of individual rights. The exploration of the
fundamental link between environmental sustainability and
technological innovation will be a central focal point.