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Sofia Felício Caseiro
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Today we can reach every kind of information with just one click. This is a reality in every part of the globe. Access to information is at its highest peak. We never had so easy access to such amount of information. Although this constitutes a great step in globalization and can help straighten international relations, it can also create new problems at a fundamental rights level. When we post on Social Media or fill in a form to create an email account, our personal data travels from one point of the globe to another in nanoseconds. We agree to certain terms and conditions for the use of said tools, but we do not actually know how they can be used by our service provider. Privacy issues arise. Do we really understand the type of information we are providing? Can we expect to have our data protected by our email provider or a social media provider? To what extent can we expect to have our data protected? Various concepts that affect our fundamental rights are here intertwined. We understand now that the issue of data protection is only solved with a working and dynamic balance between essential concepts that we - until the breakthrough of the information era - conceived as absolute, such as privacy and freedom of expression. This balance is assumed differently in regard to the different constitutional cultures and History in the various legal systems. On this communication, we will shine some light on these concepts and their existence in two, very different, juridical systems. We will analyze the recent right to be forgotten under European Law - that was introduced by the influence of European Union’s Court of Justice and now holds within Article 17 of the General Data Protection Regulation – how it is integrally connected to our right to privacy but should be balanced with freedom of expression and the right to information of others. In parallel, we will also understand if these mechanisms established in consequence of the right to be forgotten would work within or if it even can be integrated the Common-Law System, namely the United States legal system. On this line of thought, we also will analyze the well-conceived concept of reasonable expectation of privacy in the Common-Law system, aiming to understand the framework that could accommodate said concept in the European Legal system. The reflection we purpose to undertake aims to understand the line of thought were both systems insert this problem and how the balance between the relevant fundamental rights are made. We believe we are before an essential study that will allow us to reach common ground on a transversal (and transnational) problem that should have a transnational solution.
Sofia Felício Caseiro
added a research item
Safe countries - A solution or another problem? This article shines a light on the concept of safe countries, safe countries of origin and safe third countries. The application of these concepts, although controversial, can expedite asylum procedures and endanger rights and guarantees of asylum seekers. This article also analyzes the proposal of a European Union safe countries of origin common list, proposed by the European Commission in 2015 and that will soon be discussed in the European Parliament’s plenary session