Volume 2023 : 1
Case Airhelp Ltd v. Scandinavian Airlines System (SAS) Denmark–Norway–Sweden (C-28/20): Reasserting its consumer credentials: The European Union’s Court of Justice declares trade union-led strikes to fall outside the scope of the defence of “extraordinary circumstances”
The national rules on hidden defects and European consumer law: marriage or divorce?
Consumer participation under Better Regulation Agenda: the case of Consumer Credit Directive
Is all gold that glitters? The EU Commission Proposal on empowering consumers for the green transition
Circular supply chains – where the need for coordination meets competition law?
The sword in the stone: the potential of data subject rights of the General Data Protection Regulation
A new Consumer Rights Act for Ireland – Comprehensive reform and a closer alignment with European Consumer Law principles
How to protect information about our mental states? A few remarks on processing of mental data under the GDPR
EU consumer information as a tool to regulate the treatment of farm animals: potential and limits
Environmental sustainability and consumer relations between administrative and judicial remedies
Food and nutrition education in school as a means for raising awareness among young food consumers: a brief legal overview
EU consumer law meets digital twins
Case Airhelp Ltd v. Scandinavian Airlines System (SAS) Denmark–Norway–Sweden (C-28/20): Reasserting its consumer credentials: The European Union’s Court of Justice declares trade union-led strikes to fall outside the scope of the defence of “extraordinary circumstances”
The national rules on hidden defects and European consumer law: marriage or divorce?
Consumer participation under Better Regulation Agenda: the case of Consumer Credit Directive
Is all gold that glitters? The EU Commission Proposal on empowering consumers for the green transition
Circular supply chains – where the need for coordination meets competition law?
The sword in the stone: the potential of data subject rights of the General Data Protection Regulation
A new Consumer Rights Act for Ireland – Comprehensive reform and a closer alignment with European Consumer Law principles
How to protect information about our mental states? A few remarks on processing of mental data under the GDPR
EU consumer information as a tool to regulate the treatment of farm animals: potential and limits
Environmental sustainability and consumer relations between administrative and judicial remedies
Food and nutrition education in school as a means for raising awareness among young food consumers: a brief legal overview
EU consumer law meets digital twins
Year
2023
Volume
2023
Number
1
Page
127
Language
English
Court
Reference
A. MICHA?OWICZ, “How to protect information about our mental states? A few remarks on processing of mental data under the GDPR”, REDC 2023, nr. 1, 127-143
Recapitulation
Due to the dynamic development of neurotechnology, affective computing systems, artificial intelligence systems and other technologies used to parameterise the functions and activities of the human body, more and more data are being processed, including data that contain information about affective states or cognitive processes. Data inferred from human thoughts, memories, intentions or emotions, reflect human mental state, and therefore may be called as “mental data”. Considered their very intimate and strictly personal nature, it is worth analysing whether mental data are afforded adequate protection in the European Union. Thus, the article presents an analysis from the perspective of the GDPR and addresses, among other things, questions about the definition of mental data, its nature and scope of protection under the GDPR.
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