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ReCEPL
Research Centre in European Private Law

Research

Privacy, informazione e legal design (PRILeD)

Project title: Privacy, informazione e legal design - (Acronym: PRILeD)

Contest: "Libro Bianco della ricerca. Idee, proposte, progetti per il mondo post Covid-19" Area IUS/01 - Scienze Giuridiche
Project managers: Prof.ssa Lucilla Gatt e Prof.ssa Ilaria Amelia Caggiano

Team ReCEPL: Dott.ssa Maria Cristina Gaeta, dott.ssa Livia Aulino, dott.ssa Paola Grimaldi, dott.ssa Valeria Manzo, dott.ssa Anna Anita Mollo, dott.ssa Claudia Munno, dott. Emiliano Troisi

Co-financing body: UniversitÓ degli Studi Suor Orsola Benincasa. The application submitted under the FIRB 2020 call is under evaluation.

Data di inizio: 8 giugno 2020

Sito web

Introduction

The Covid-19 emergency has generated problems in terms of the processing of personal data, especially health data, and in terms of access to information of legal content and the processes for providing economic resources.

In this context, digital technologies appear to be innovative tools for containing and contrasting the pandemic emergency, especially in the ongoing phases. Contact tracing, use of platforms, IT services in various contexts and in communication can facilitate the performance of human activities, also with a view to preventing future emergencies. It therefore appears necessary to propose legal solutions against the risks associated with the use of these tools, taking into account the possible articulations of their development at regional, national and European level.

The applications of health data, in addition to being conceived according to an IT design to guarantee informative self-determination and the lowfulness of the processing, require policies to identify the subjects responsible for the processing in relation to the area of operation of the application and, above all, policies simplifying access to legal protections in order to make them effective and to increase the trust of users in the data processing which, in any case, have a significant impact on fundamental human rights.

Clarity and simplification are also fundamental in contractual relationships between individuals and for access to goods and services, in order to reduce obstacles to understanding procedures and processes and within the framework of a renewed relationship of trust between citizens and institutions. In this context, the use of the principles of legal design in the drafting of texts, in the forms, in the configuration of digital environments appears very appropriate.

Project specifications

1. Objectives:
The project has a twofold objective:
- implement legal design solutions and legal analysis of privacy by design models in relation to IT applications relating to health data and other particular data, also in a remedial framework conceived as easily accessible and distributed;
- implement legal design and simplification solutions with regard to the procedures for the provision of services and resources, economic in the first place.

2. Expected results:
Systematic studies to provide the necessary support for the remodeling of access to legal protections on privacy and information, including the following deliverables: best practice proposals and codes of conduct for public and private entities, formulas and modules, graphic interface projects renewed (the latter developed in agreement with UIX experts). On the basis of these results it will be possible to improve the effectiveness of existing legal disciplines (eg. in the matter of privacy), and to enhance the tools of private autonomy (forms and procedures for renegotiation) as well as to improve legal information in general in a efficiency framework and promotion of citizens' trust.
These measures can also be part of long-term projects focused on enhancing access to safeguards (eg. dats protection desks located in different contexts) and redesigning digital environments (eg. single digital platform with chatbots and services personalized assistance).

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