Protection Of Collective Interests Research Articles

The protection of vulnerable algorithmic groups through collective data protection in the onlife world: A Brazilian perspective

The aim of this doctrinal legal study is to analyze the interplay between the vulnerability of groups in algorithmic systems and the protection of collective interests in data protection law in Brazil's legal system. Two research questions are raised: (i) Is the protection of personal data regulation applicable to data processing activities related to algorithmic groups? and (ii) can algorithmic groups be regarded as groups with vulnerability under the LGPD legal regime? This article is divided into three parts apart from the introduction, and combines three strands of research, namely group rights theory, vulnerability studies, and law and technology perspective. This combination is key to outline, in Sections 2 and 3, a theoretical framework that elucidates the concepts of collective data protection and group vulnerability mapping both onto the notion of algorithmic groups. Section 2 argues for the collective dimension of the right to the protection of personal data as the foundation of a collective data protection. Section 3, in turn, explores the conceptualization of group vulnerability and how this discourse resonates with algorithmic groups in the onlife world. I draw on vulnerability studies, and on Mireille Hildebrandt's law and technology perspective to delineate what do I mean by group vulnerability and how do I articulate theoretically this notion with algorithmic groups and the affordances of algorithmic systems. Section 4 examines the relation between collective data protection and vulnerability of algorithmic groups under the data protection legal framework in Brazil. To answer the research questions, the analysis is concentrated on three aspects of Brazilian data protection law: (i) the “collectivization of data protection”; (ii) the integration of group vulnerability in the data protection legal framework; (iii) data protection impact assessments in the context of LGPD's risk-based approach. The collective dimension of the right to personal data protection is increasingly recognized in Brazilian law through class-action litigation, particularly in the context of addressing vulnerabilities caused by new data-driven technologies. This collective dimension should guide courts and the Brazilian DPA in interpreting and applying the LGPD, especially Art. 12, § 2, regarding group data processing by algorithmic profiling systems. Data protection law in Brazil acknowledges that groups of data subjects may face vulnerability, requiring special protection and safeguards to mitigate risks and violations. Group vulnerability signals contexts deserving special attention and serves as a source of obligations and rights. Within LGPD's risk-based approach, mandatory DPIAs in ML-based algorithmic profiling systems help identify vulnerable groups and implement appropriate safeguards to mitigate risks of harm or rights violations. Non-compliance with safeguard implementation obligations should be considered a breach of Brazilian data protection laws.

Self-employment in the light of international and union law

The chapter discusses self-employment in the context of international and Union law. The phenomenon of self-employed activity grows in popularity as a result of massive social and economic as well as technological change. The author presents various definitions of selfemployment and legal guarantees granted under international and Union law to persons who carry out business activity as a self-employed person. It should be noted that no uniform definition of self-employment exists. Moreover, there is no comprehensive approach to or coherent regulations of this matter. Legal rules concerning self-employment are fragmented and often inconsistent. The author points out that international protective standards cover all “working people”. As a result, the self-employed are accorded certain rights in areas such as: life and health, remuneration, nondiscrimination and equal treatment, parenting, rest, and protection of collective interests. Due to the growing popularity of self-employed activity and the significance of human rights, national legislations should grant persons who pursue gainful activity for their own account appropriate protective guarantees. Another important matter is counteracting bogus self-employment, which deprives numerous working people of a proper standard of protection.

Features of the Use of Interactive Methods in Teaching the Discipline «Consideration of Cases on the Protection of Collective Interests by the Courts»

Features of the Use of Interactive Methods in Teaching the Discipline «Consideration of Cases on the Protection of Collective Interests by the Courts»

Training of legal specialists in the context of development of collective forms of judicial remedy

Introduction. One of the collective forms of judicial remedy is a class action. The institution of a class action is a new one for the Russian legal system. Nevertheless, in foreign jurisdictions it has proven as an effective remedy for large groups of persons, providing a higher level of access to judicial protection. At the moment, this institute is only just beginning to develop and being actively used. In this connection, not only issues of scientific understanding of this institute are becoming relevant, but also training of lawyers, including those specializing in the protection of collective interests. Materials and methods. The research methodology consists of general scientific research methods: analysis and synthesis; special methods, including special legal ones: formal legal and comparative legal. Results of the research and their discussion. The paper consists of two large parts. The first part examines issues related to the analysis of existing collective forms of judicial remedy, including in particular joinder of the parties, protection of an indeterminate number of persons, insolvency (bankruptcy), derivative actions, class actions. Particular emphasis is given to the research of the institute of class actions. It is analyzed in terms of access to judicial protection and its significance for the Russian legal system. Based on the conducted analysis, it is concluded that it is necessary to train lawyers specializing in class actions among other issues. Accordingly, issues of teaching of relevant disciplines and parts of courses devoted to the use of class action tools are examined in the second part of the paper. In particular, this part of the paper is devoted to the issues of teaching methods including traditional and modern methodologies and information technology. Conclusions. Based on the results of the research and their discussion, the authors come to a conclusion that a class action occupies a very important place in the system of collective judicial remedies. This fact determines not only perspectivity of scientific research in this area, but also training of relevant specialists in the field of protection of rights and legal interests of numerous groups of persons.

Kroatische Verbraucher vs. Kredite in CHF – ein Drama in fünf Akten ohne Schlussakt

The difficult financial and social position of Croatian consumers with CHF loans was a trigger for various reactions and measures by the Croatian legislator and Government, as well as consumers themselves. An array of legislative and administrative measures was passed to alleviate the financial and social position of consumers with CHF loans. Various legislative measures were also passed that were intended to alleviate the position of consumers in foreclosures on residential real property. Finally, consumers have started to initiate, without waiting for the legislator to pass legislation, proceedings in order to protect individual and collective interests of consumers with CHF loans. This article depicts the development of case law with respect to the protection of collective interests of consumers with CHF loans. It analyses the mutual influences between case law and ad hoc consumer protection legislation (e.g. a conversion of CHF loans into EUR loans). It comments on the opinions of courts related to the criteria for evaluating the unfairness of foreign currency clauses and the provisions on variable interest rates in the context of protecting collective consumer interests. It points to problems, within the context of collective consumer protection, stemming from legislative loopholes in the relationship between collective and individual consumer protection, and legislative loopholes in particular ad hoc measures for protecting consumers via converting CHF loans into EUR loans. The paper should warn of problems arising in subsequent coordination of various measures taken in order to protect the interest of consumers with the development of case law in that area.

Individual rights and collective interests in EU law: Three approaches to a still volatile relationship

The protection of collective interests is a topical issue in EU law. A significant challenge arises from the fact that EU law traditionally connects rights and interests at an individual, rather than a collective level. This article explores three areas of EU law (environmental law, consumer law, and access to documents), which reveal three different approaches to collective interests. In order to foster the development of a coherent framework for protecting collective interests, the suggestion is made to maintain the classic mechanism according to which broadly conceived individual interests function as triggers for individual rights, and to complement this with mechanisms allowing collective interests also to activate the enforcement of such rights.

Regulatory framework of strike and its problem in Latvia

International legal provisions provide for human rights and freedoms, and the freedom of expression and the right to work belong to these. Considering that during any employment relationship disputes can arise between the involved parties, international legal provisions state that a strike as the final means for the settlement of a dispute can be used. Paragraph 108 of the Satversme (the Constitution of Latvia) provides that in Latvia, employed people have the right to strike. Systematically, the provisions of the Constitution are being regulated by the Labour Dispute Law and the Strike Law. It might seem that in Latvia, any employed person has been entitled to the right to strike as provided by the Satversme. However, the strike of general practitioners in summer 2017 highlighted the problem of executing strikes. Firstly, at the time being, the right to strike can only be associated with one form of employment, i.e., employment relationship. As only a part of general practitioners is employed on the basis of an employment agreement, the strike regulatory framework that is in force in Latvia can be used only by a part of general practitioners employed under an employment agreement in order to protect their collective interests. Secondly, the Labour Dispute Law provides for that a strike as the final means can be used exclusively for the protection of collective interests (within the framework of concluding a collective agreement), but not within the framework of a contract governed by public law. The strike by general practitioners showed that Latvia has complied only partially with international legal provisions because a strike can only be used by people employed under employment agreements and only in disagreements regarding a Collective agreement. In order to resolve this problem so that any employed person is entitled to the right to strike in the future, it is necessary to amend the Labour Dispute Law by expanding the range of labour dispute subjects. The aim: to analyse international and Latvia's regulatory framework for the right of employed people to strike and recommend necessary amendments to laws to solve detected problems. Materials used: international legal provisions and Latvian legal acts, publications and literature. Methods used in this article: descriptive, analysis, synthesis, dogmatic, induction and deduction as well as legal interpretation methods – grammatical, systemic, historical and teleological.