Is the European Union’s legal framework ready for AI-enabled drone deliveries? A preliminary short assessment – from the Commission Implementing Regulation 2019/947/EU to data protection

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 by Marília Frias, Senior Associate at Vieira de Almeida & Associados
 and Tiago Cabral, Master in EU Law, University of Minho

1. As we are writing this short essay, a significant percentage of the world population is at home, in isolation, as a preventive measure to stop the spread of the COVID-19 pandemic. Of course, for isolation to be effective, people should only leave their houses, when strictly necessary, for instance, to shop essential goods and, frequently, preventive measures include orders of closure directed to all non-essential businesses.

2. Unfortunately, the European Union (hereinafter, “EU”) is one of the epicentres of the pandemic. As a result, some European citizens are turning to e-commerce to buy goods not available in the brick-and-mortar shops that are still open. Meanwhile, others opt to bring their shopping into the online realm simply to reduce the risk of contact and infection. Currently, sustaining the market as best as possible under these conditions to avoid a (stronger) economic crisis should be one of the key priorities. Furthermore, with a growing number of people working remotely, it is also vital to guarantee that the necessary supplies can arrive in time and with no health-related concerns attached.

3. Nowadays, most delivery services work based on humans who physically get the product from point A and deliver it to point B. The system is more or less the same, whether the reader orders a package from China or delivery from the pizza place 5 minutes away from the reader’s house. Obviously, more people will be involved in the delivery chain in our first example, but it is still, at its core, a string of people getting the order from point A to point B. This is a challenge for those working in the delivery and transportation businesses who have to put their health on the line to ensure swift delivery of products to the ones who are at home.
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Editorial of April 2020

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by Alessandra Silveira, Editor


Health-related personal data – regarding COVID-19 and digital surveillance

Article 9 of the Regulation (EU) 2016/679 – General Data Protection Regulation (hereinafter, “GDPR”) prohibits the processing of special categories of personal data, amongst them (and the ones relevant for the subject of this essay): genetic data; biometric data for the purpose of uniquely identifying a natural person; and data concerning health. However, this prohibition shall not apply if processing is necessary for the purposes of medical diagnosis; the provision of health care or treatment;  the management of health care systems; or pursuant to contract with a health professional, in accordance to point h), of Article 9/2 of GDPR and under the further conditions established in Article 9/3. In particular, the general prohibition shall not apply if the “processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices”, under point i), of Article 9/2.
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Artificial intelligence and PSI Directive (EU) – open data and the re-use of public sector information before new digital demands

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 by Joana Abreu, Editor and Jean Monnet Module eUjust Coordinator


In Ursula von der Leyen’s speech entitled “A Union that strives for more”, one of nowadays President of the European Commission’s priorities was to establish “a Europe fit for digital age”. In this sense, von der Leyen’s aspirations were to grasp the opportunities from the digital age within safe and ethical boundaries, particularly those deriving from artificial intelligence as “[d]igital technologies […] are transforming the world at an unprecedented speed”. Therefore, the President of the European Commission established that “[i]n my first 100 days in office, I will put forward legislation for a coordinated European approach on the human and ethical implications of Artificial Intelligence”. Last 1st December 2019, the European Commission took office, led by President Ursula von der Leyen. As that time lapse is passing by, there is a need to understand how a Europe fit for the digital age is taking shape. There is to say, has the European Union already made efforts to meet that digital age?

In fact, recalling Digital4EU Stakeholder Forum, held in Brussels, on the 25th February 2016, Digital Single Market was thought by inception in order to materialise it as a primary public interest in action. Concerning digital public services, it was highlighted that some of them were not as transparent as they should and that “Governments need[ed] to look at how to re-use the information already available […] and open up the data they h[ad], while adapting to current trends and making use of public services easy and simple”. In order to do so, this forum established that “Member States should implement the once only principle: once only obligation, re-use of data, making the best use of key enablers and thinking cross-border services from inception”.
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From Visual Arts to Virtual Arts – some insights about Law, Art & Technology

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 by Marcílio Franca, Professor at the Federal University of Paraíba, Brazil

Leonardo Da Vinci’s life and work show us that innovation and technology have always been close to art and artists. Over the past few decades, however, deep technological innovations are modifying art in strange, new ways. The development and access to new technologies have radically changed not only the ways of producing art but also the ways of consuming, preserving, collecting and restoring art nowadays. Obviously, all this has complex legal repercussions.

Right at the University of Minho, for example, the researcher and multimedia artist João Martinho Moura is a world reference in digital art and computational aesthetics. For the past 15 years, he has been adopting new digital ways to represent audiovisual artifacts, with special interest in the human body. Some of his award-winning works can be seen at  http://jmartinho.net/. Light art, lasers, AI created art, artist robots, e-museums are also good examples the ways in which technology is making its impact in the art world and in the legal systems.

The complexity of authorship and the relevance of the dematerialization of artwork in the field of contemporary visual arts have already secured the birth of at least three Digital Art Biennials. The older is “The Wrong Art Biennale” (https://thewrong.org), a global, digital event aiming to create, promote and push forward-thinking contemporary digital art among artists, curators, collectors and institutions located in virtual pavilions. There is also the International Digital Art Biennial (BIAN), in Montréal, created in 2012. The younger Digital Art Biennial will happen in Brazil for the first time in 2020, but was born ten years ago in Belo Horizonte, as a Digital Art Festival.
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Editorial of October 2019

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 by Tamara Álvarez Robles, Lecturer at the University of Vigo


On the reform of national law on data protection: the special incorporation of digital rights in Spain

The reform of the Spanish Organic Law on Data Protection (LO 3/2018), to adapt it to the General Regulation of Data Protection has introduced together with the European requirements a catalogue of digital rights. Title X “Guarantee of digital rights” has meant, undoubtedly one of the biggest novelties to data protection regulations. It is composed of a set of Articles, from 79 to 97, which present, for the first time in the Spanish national legislative sphere, the new generation of digital rights[i], inter alia, right to Internet neutrality, right to digital security, right to digital education, protection of minors on the Internet, right to rectification on the Internet, right to privacy and use of digital devices in the workplace, right to digital disconnection in the workplace, right to digital testament.

The inclusion in-extremis of the present Title X, of digital rights, through amendment of the Congress of Deputies dated April 18, 2018, responds to the fundamental importance, to the ever-present and dominating reality of the Internet, which reaches all spheres of our lives. That is why, Organic Law 3/2018 in section IV of the Preamble already points to the involvement of public authorities through the provision of public policies (Article 9.2 SC) in order to make effective the catalogue of digital rights based on the Principle of Equality (Article 14 SC), stating that: “it is the responsibility of the public authorities to promote policies that make effective the rights of citizens on the Internet, promoting the equality of citizens and the groups in which they are integrated in order to possible the full exercise of fundamental rights in the digital reality”.
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