Ambient intelligence and the profiling activities authorized by modern technologies oblige us to renew our legislation in different directions. Traditionally, data protection law considers only the relationship between data controllers and data subjects positioned as independent entities. However, in the ambient intelligence reality where profiling activities proliferate, enabled by more and more sophisticated software algorithms, their societal impacts have to be taken into consideration by legislative bodies.
Every single human being is becoming unintentionally more and more dependent on Information and Communication technologies. In a reality of ambient intelligence we all sacrifice our rights for the sake of convenience and security.
| Introduction |
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13 | (4) |
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I Privacy and data protection-history and current state of law |
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17 | (5) |
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1 The choice of new legislative instruments |
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22 | (1) |
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23 | (2) |
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3 Reinforcement of the rights of data subjects |
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25 | (2) |
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27 | (4) |
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5 Right to access and right to data portability |
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31 | (1) |
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6 Enhancing the responsibility of controllers and processors |
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31 | (1) |
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7 Responsibility of controllers and processors in the European case law |
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32 | (15) |
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II European Union competence in the field of Asylum and Migration Policy (The area of freedom, security and justice) |
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47 | (1) |
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47 | (18) |
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2 Power of migration technology |
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65 | (25) |
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90 | (9) |
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4 EU border and immigration data bases |
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99 | (12) |
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III Possible risks of fundamental rights infringements posed by the digitalization of the EU immigration and asylum policy |
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111 | (1) |
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111 | (3) |
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2 Digitalization of the EU migration policy versus fundamental rights standards |
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114 | (33) |
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IV Between knowledge and power -- use of technology for the management of immigration policy: European Union versus United States of America |
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147 | (1) |
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147 | (11) |
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2 Data and privacy protection in the United States of America |
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158 | (4) |
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3 Clashes between two western cultures of privacy |
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162 | (25) |
| Final remarks |
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187 | (2) |
| References |
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189 | (7) |
| Internet sources |
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196 | (11) |
| Case law |
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207 | (1) |
| Documents |
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208 | |
Dr Marta Koodziejczyk specializes in EU law and international human rights law. She graduated from Jagiellonian University in Krakow (MA) and Warsaw University (PhD). She then pursued her professional career at the Polish Institute of International Affairs under the supervision of professor Adam Daniel Rotfeld. She has had the opportunity to pay study visits to universities in Utrecht (Netherlands), Heidelberg (Germany), Miami-Florida Jean Monnet European Center of Excellence, Shanghai International Studies University and to attend scientific seminars at: the Warsaw based Helsinki Foundation for Human Rights, René Cassin International Human Rights Institute (Strasbourg), European University Institute in Florence, and Council of the European Union (Brussels) while pursuing scientific traineeship at the Human Rights Unit; at present she is associate of the Jagiellonian University Center for European Studies.
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