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  • The applicability of the Internet of Things (IoT) between fundamental rights to health and to privacy

    Mateus de Oliveira Fornasier (Universidade Federal do Paraná, 2019-11-01)
    This work aims to study main insecurities and uncertainties regarding to IoT, verifying its impact to the exercise of the fundamental rights to healthcare and to privacy. Its specific objectives are: i) to present promises of IoT to healthcare and treatments; ii) to expose risks and uncertainties identified with IoT until the present moment; iii) to analyze ethical and legal principles (mainly in Brazil) concerning to IoT uses. Its main hypothesis is that healthcare can be revolutionarily improved with IoT, but despite of all of that revolution in good practices, good technologies of security, securitized by public policies and legal practices, have also to be implemented and improved by scholars, jurists and politicians. Methodology: hypothetical-deductive method of research, with a qualitative and transdisciplinar method of approach, and a bibliographical research technique. Results: IoT/IoMT presents a great potential of actualization of the fundamental right to health, but the security of the collection and storage of sensitive data should be the first concern in the development of systems involving such technologies, since there is an immense potential of disrespect to the fundamental right to the privacy of individuals from their use, not only by private third parties, but also, by the State.
  • The applicability of the Internet of Things (IoT) between fundamental rights to health and to privacy

    Fornasier, Mateus de Oliveira (2019)
    This work aims to study main insecurities and uncertainties regarding to IoT, verifying its impact to the exercise of the fundamental rights to healthcare and to privacy. Its specific objectives are: i) to present promises of IoT to healthcare and treatments; ii) to expose risks and uncertainties identified with IoT until the present moment; iii) to analyze ethical and legal principles (mainly in Brazil) concerning to IoT uses. Its main hypothesis is that healthcare can be revolutionarily improved with IoT, but despite of all of that revolution in good practices, good technologies of security, securitized by public policies and legal practices, have also to be implemented and improved by scholars, jurists and politicians. Methodology: hypothetical-deductive method of research, with a qualitative and transdisciplinar method of approach, and a bibliographical research technique. Results: IoT/IoMT presents a great potential of actualization of the fundamental right to health, but the security of the collection and storage of sensitive data should be the first concern in the development of systems involving such technologies, since there is an immense potential of disrespect to the fundamental right to the privacy of individuals from their use, not only by private third parties, but also, by the State.
  • Beyond Killer Robots: Networked Artificial Intelligence Disrupting the Battlefield?

    LIU, Hin-Yan; Van Rompaey, Léonard; Maas, Matthijs Michiel (2019)
  • Next Generation Privacy: The Internet of Things, Data Exhaust, and Reforming Regulation by Risk of Harm

    Cunningham, McKay (DigitalCommons@CSP, 2014-01-01)
    To many, the EU's 1995 Directive has failed. While the global trend toward adopting laws similar to the Directive suggests that many nations value privacy rights, commentators and empirical studies reveal significant shortcomings. The Directive is simultaneously over-inclusive and under-inclusive. It outlaws harmless activities while allowing exceptions that threaten to swallow the rule. Edward Snowden revealed a disrupting example showing that national governments enjoy wide latitude to collect and use personal information under the guise of national security. The problem of protecting private information is exacerbated by technology that continues to leapfrog. Information privacy is made continually more difficult with each new app and innovation. The Internet of Things is more probable than speculative. Everyday objects — thermostats, garage doors, beer mugs — communicate with the Internet through sensors. Radio-frequency identification is a predicate to computer identification and assimilation of everyday physical objects, enabling the use of these objects to be monitored and inventoried by computers. Tagging and monitoring objects could similarly be accomplished by other technologies like near field communication, barcodes, QR codes and digital watermarking, raising the legitimate argument that informational privacy — at least as envisioned in the 1995 Directive’s absolute terms — is impossible.Informational privacy cannot be accomplished by declaring it a fundamental right and outlawing all processing of personal information. To legally realize and enforce a privacy right in personal information, incremental, graduated, and practical legislation better achieve the goal than sweeping proclamations that have applications to actions unrelated to the harms associated with the absence of the right. With information privacy in particular, a capacious claim of right to all personal information undermines legal enforcement because the harms attending lack of privacy are too often ill-defined and misunderstood. This paper reviews the shortcomings of the EU Directive, reviews new privacy challenges posed by the Internet of Things, and posits a regulatory regime based on risk of harm.
  • Internet of Things and Patents: Towards The IoT Patent Wars?

    Noto La Diega, Guido (Ankara Yildirim Beyazit UniversityAnkara Yıldırım Beyazıt Üniversitesi, 2017-12-27)
    Intellectualproperty is a key, albeit overlooked, issue when it comes to the Internet ofThings (IoT). It is still unclear, for instance, to what extent trade secretscan be used to prevent the user from controlling their own device (theso-called right to hack) and to hinder interoperability. Likewise, it is stillto be fully explored to what extent intellectual property (database rights) canbe used to prevent data portability. This paper focuses on patent law and,namely, on computer-implemented inventions by giving account of the approachesfollowed in Europe, United States, and India. With the IoT patenting activitybeing over eight times larger than the general worldwide increase in pat­enting,research on this field appears critical. The occasion of this study is theadoption in 2016 of the final version of the Indian guidelines on theexamination of computer-related inventions, which have been surprisinglyoverlooked in the legal literature. The main idea is that the Internet ofThings will lead to a dramatic increase of applications for soft­ware patentsand if examiners, courts, and legislators will not be careful, there is theconcrete risk of a surreptitious generalised grant of patents for computerprograms as such (in Europe) and for abstract ideas (in the United States). Theclarity provided by the Indian guidelines, following a lively public debate,can constitute good practices that Eu­rope, the United States, as well as theRepublic of Turkey, should take into account.With the increase of IoT patents,it is foreseeable the shift from the smartphone wars to the IoT wars, asevidenced by some recent litigation between Fitbit and Jawbone. The (perhapscold) war seems impending, due to a number of reasons, such as the complexityof the supply chain, the several domains in which the IoT is divided and thecomposite nature of the IoT devices. 

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