Mario Viola de Azevedo Cunha

European University Institute | EUI · Centre for Media Pluralism and Media Freedom

In view of the conceivable effects of genetic testing on insurance policy and labour contracts, and the consequential bioethical issues involved, the present article analyses the possibility of using these resources for risk selection in insurance policy contracts and as criteria for employability, in light of the current legal framework in Brazil....

This report has been drawn up by the CMPF at the request of the European Commission by way of an update to the report on risks to media pluralism in Hungary, published in the framework of the second EU-wide implementation of the MPM (Bognar et al. 2018). In particular, the CMPF was asked to assess whether the establishment of the Central European P...

This paper aims at discussing the influence of the Court of Justice of the European Union (CJEU) case-law on Brazilian jurisprudence or legislation. First, it presents an overview of the Brazilian legal system as well as of the functioning of its Judiciary. Then the paper analyses the dialogue between Brazilian courts, mainly the Supreme Court, wit...

In 2017, the Media Pluralism Monitor (MPM) has examined 28 European Union Member States as well as three Candidate Countries: Turkey, and for the first time Serbia and the Former Yugoslav Republic of Macedonia. The results of this second EU-wide implementation of the MPM show either general stagnation or deterioration in all of the four major areas...

As the data from the Media Pluralism Monitor 2016 shows, EU Member States generally do not impose any restrictions on foreign ownership. That is the case for 23 countries out of 28. There are only 5 Member States that establish some kind of regulatory restriction on foreign ownership in the media sector, but in none of them do such restrictions app...

This article analyses the Brazilian legal framework regarding the protection of personal data and privacy, in order to assess whether or not there is a strong argument to support a right to be forgotten in Brazil, especially regarding queries in a search engine. To carry out this scrutiny, this article will analyse the constitutional provisions as...

The objective of this chapter is to analyse the UK data protection system in order to allow a comparative exercise with the experience of the other two selected EU Member States (France and Italy), with an eye towards possible improvements of the EU Data Protection Framework. Firstly, five main aspects will be analysed, namely the role of the data...

In this chapter I will make some recommendations that impact on all processing of personal data, taking on board the ‘improvements’ currently incorporated by the EU Commission Proposal for a General Data Protection Regulation. However, they are made from the perspective of the selected industries, i.e., they are concentrated on the three sectors th...

This chapter deals with the evolution of the right to privacy, focusing on the last few decades, taking into account the development of new technologies and the threats security issues pose to privacy. It starts by giving an overview of the discussions on the right to privacy and to data protection, presenting a brief distinction between the Europe...

In Chap. 1 the data protection framework at the EU level was analysed in order “to prepare the field” for the analysis which will be carried out in this chapter. Here the focus will be the processing of personal data that takes place in the financial, insurance and credit reporting industries. The insurance industry and the banking sector use perso...

Introduction.- Chapter I - The Protection Of Personal Data: Evolution And Standards In Europe.- Chapter II - Data Protection And The Insurance, Banking And Credit Reporting Industries.- Chapter III - Data Protection Systems In The European Union: The French Experience.- Chapter IV - Data Protection Systems In The European Union: The Uk Experience.-...

The entry into force of the Lisbon Treaty brought some changes to the EU legal framework and some of them have a direct impact on data protection. In this new scenario, the movements requiring the review of the Data Protection Directive gained a new boost. For the discussion of a possible review of the Directive, the analysis of the concept of pers...

Since the adoption of the e-Commerce Directive, web hosting has dramatically changed. User generated content is usually uploaded into platforms that facilitate and support users in preparing content and making it available. Such platforms are run in most cases by commercial companies who make profit by associating advertisements with user-generated...

Since the adoption of the e-Commerce Directive, web hosting has dramatically changed. User-generated content is usually uploaded into platforms that facilitate and support users in preparing content and making it available. Such platforms are run in most cases by commercial companies who make profit by associating advertisements to user-generated m...

This article examines two important trends within the field of data protection: the re-identification of anonymous data and the processing of personal data for further purposes than the original ones defined at the moment of collection. Despite configuring two important challenges to privacy, both of these aspects have not received the deserved att...

In a recent decision of the Tribunal of Milan three Google executives were convicted for violating data protection law, in connection with the online posting of a video showing a disabled person being bullied and insulted. This paper, after illustrating the facts of the case and the reasoning of the judge, discusses the main issue at stake, namely,...

After the terrorist attacks in the US and later in Madrid (March, 2004) and in London (July, 2005), the sharing of personal information of citizens between police authorities in different EU member states become an essential element in the framework of the international cooperation against terrorism and organised crime. As a consequence of this inc...

Insurance and privacy are two important issues in our society. Insurance, in the way that we know it nowadays, had its origin in the 14th century, in Genoa, where one of the first legislative initiatives took place. Since then, insurance has become more important in the international scenario, becoming one of the main guarantees for trade and indus...

The Brazilian National Traffic Council, in a Resolution adopted in 2006, stated that every vehicle to be sold in the country should have an RFId chip. The nature of the whole project, named SINIAV, is to assemble an infrastructure all over public roads and streets capable of recognizing and identifying vehicles. A surveillance system such as SINIAV...

The Brazilian National Traffic Council, in a Resolution adopted in 2006, stated that every vehicle to be sold in the country should have an RFId chip. The nature of the whole project, named SINIAV, is to assemble an infrastructure all over public roads and streets capable of recognizing and identifying vehicles. A surveillance system such as SINIAV...