Data And Private Law

Author : Damian Clifford,Kwan Ho Lau,Jeannie Marie Paterson
Publisher : Bloomsbury Publishing
Page : 301 pages
File Size : 49,9 Mb
Release : 2023-12-14
Category : Law
ISBN : 9781509966042

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Data and Private Law by Damian Clifford,Kwan Ho Lau,Jeannie Marie Paterson Pdf

This collection examines one of the fastest growing fields of regulation: data rights. The book moves debates about data beyond data and privacy protecting statutes. In doing so, it asks what private law may have to say about these issues and explores how private law may influence the interpretation and the form of legislation dealing with data. Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators. The contributors are specialists in their respective fields of private law with long-standing expertise in the challenges to data privacy posed by emerging digital technologies.

Author : Gary Chan Kok Yew,Man Yip
Publisher : Hart Publishing
Page : 0 pages
File Size : 45,5 Mb
Release : 2021-10-21
Category : Law
ISBN : 9781509946839

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AI, Data and Private Law by Gary Chan Kok Yew,Man Yip Pdf

This book examines the interconnections between artificial intelligence, data governance and private law rules with a comparative focus on selected jurisdictions in the Asia-Pacific region. The chapters discuss the myriad challenges of translating and adapting theory, doctrines and concepts to practice in the Asia-Pacific region given their differing circumstances, challenges and national interests. The contributors are legal experts from the UK, Israel, Korea, and Singapore with extensive academic and practical experience. The essays in this collection cover a wide range of topics, including data protection and governance, data trusts, information fiduciaries, medical AI, the regulation of autonomous vehicles, the use of blockchain technology in land administration, the regulation of digital assets and contract formation issues arising from AI applications. The book will be of interest to members of the judiciary, policy makers and academics who specialise in AI, data governance and/or private law or who work at the intersection of these three areas, as well as legal technologists and practising lawyers in the Asia-Pacific, the UK and the US.

Author : Jan Bernd Nordemann,Christian Czychowski
Publisher : Kluwer Law International B.V.
Page : 605 pages
File Size : 42,5 Mb
Release : 2021-08-23
Category : Law
ISBN : 9789403532813

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Law of Raw Data by Jan Bernd Nordemann,Christian Czychowski Pdf

Data, in its raw or unstructured form, has become an important and valuable economic asset, lending it the sobriquet of ‘the oil of the twenty-first century’. Clearly, as intellectual property, raw data must be legally defined if not somehow protected to ensure that its access and re-use can be subject to legal relations. As legislators struggle to develop a settled legal regime in this complex area, this indispensable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems. Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty of the association’s specialists from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following: if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability. Each country’s rules concerning specific forms of data – such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data – are described, drawing on legislation, regulation, and case law. A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area.

Author : Gary Kok Yew Chan,Man Yip
Publisher : Hart Publishing
Page : 286 pages
File Size : 52,9 Mb
Release : 2021
Category : Artificial intelligence
ISBN : 1509946861

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AI, Data and Private Law by Gary Kok Yew Chan,Man Yip Pdf

"This book examines the interconnections between artificial intelligence, data governance and private law rules with a comparative focus on selected jurisdictions in the Asia-Pacific region. The chapters discuss the myriad challenges of translating and adapting theory, doctrines and concepts to practice in the Asia-Pacific region given their differing circumstances, challenges and national interests. The contributors are legal experts from the UK, Israel, Korea, and Singapore with extensive academic and practical experience. The essays in this collection cover a wide range of topics, including data protection and governance, data trusts, information fiduciaries, medical AI, the regulation of autonomous vehicles, the use of blockchain technology in land administration, the regulation of digital assets and contract formation issues arising from AI applications. The book will be of interest to members of the judiciary, policy makers and academics who specialise in AI, data governance and/or private law or who work at the intersection of these three areas, as well as legal technologists and practising lawyers in the Asia-Pacific, the UK and the US"--

Author : Marcelo Corrales,Mark Fenwick,Nikolaus Forgó
Publisher : Springer
Page : 330 pages
File Size : 49,5 Mb
Release : 2017-09-04
Category : Law
ISBN : 9789811050381

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New Technology, Big Data and the Law by Marcelo Corrales,Mark Fenwick,Nikolaus Forgó Pdf

This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting-edge Internet technologies, primarily Big Data, the Internet of Things, and Cloud computing. Consideration is also given to more recent technological breakthroughs that are now used to assist, and — at times — substitute for, human work, such as automation, robots, sensors, and algorithms. The chapters presented in this edition address these issues from the perspective of different legal backgrounds. The first part of the book discusses some of the shortcomings that have prompted legislators to carry out reforms with regard to privacy, data protection, and data security. Notably, some of the complexities and salient points with regard to the new European General Data Protection Regulation (EU GDPR) and the new amendments to the Japan’s Personal Information Protection Act (PIPA) have been scrutinized. The second part looks at the vital role of Internet intermediaries (or brokers) for the proper functioning of the globalized electronic market and innovation technologies in general. The third part examines an electronic approach to evidence with an evaluation of how these technologies affect civil and criminal investigations. The authors also explore issues that have emerged in e-commerce, such as Bitcoin and its blockchain network effects. The book aims to explain, systemize and solve some of the lingering legal questions created by the disruptive technological change that characterizes the early twenty-first century.

Author : Elif Kiesow Cortez
Publisher : Springer Nature
Page : 279 pages
File Size : 51,5 Mb
Release : 2020-11-20
Category : Law
ISBN : 9789462654075

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Data Protection Around the World by Elif Kiesow Cortez Pdf

This book provides a snapshot of privacy laws and practices from a varied set of jurisdictions in order to offer guidance on national and international contemporary issues regarding the processing of personal data and serves as an up-to-date resource on the applications and practice-relevant examples of data protection laws in different countries. Privacy violations emerging at an ever-increasing rate, due to evolving technology and new lifestyles linked to an intensified online presence of ever more individuals, required the design of a novel data protection and privacy regulation. The EU General Data Protection Regulation (GDPR) stands as an example of a regulatory response to these demands. The authors included in this book offer an in-depth analysis of the national data protection legislation of various countries across different continents, not only including country-specific details but also comparing the idiosyncratic characteristics of these national privacy laws to the GDPR. Valuable comparative information on data protection regulations around the world is thus provided in one concise volume. Due to the variety of jurisdictions covered and the practical examples focused on, both academics and legal practitioners will find this book especially useful, while for compliance practitioners it can serve as a guide regarding transnational data transfers. Elif Kiesow Cortez is Senior Lecturer at the International and European Law Program at The Hague University of Applied Sciences in The Netherlands.

Author : Manon Oostveen
Publisher : Kluwer Law International B.V.
Page : 266 pages
File Size : 53,5 Mb
Release : 2018-07-13
Category : Law
ISBN : 9789403501413

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Protecting Individuals Against the Negative Impact of Big Data by Manon Oostveen Pdf

In the contemporary information society, organisations increasingly rely on the collection and analysis of large-scale data (popularly called ‘big data’) to make decisions. These processes, which take place largely beyond the individual’s knowledge, produce a cascade of effects that go beyond privacy and data protection. Should we focus on the possibilities of tackling these often negative effects through other areas of law, or maybe even find new solutions to cope with the dark side of big data? This ground-breaking book is the first to address this crucially important question in detail. Among the issues raised in the analysis are such vital elements as the following: − what is meant by ‘big data’; – ‘privacy’ according to the European Court of Human Rights and the Court of Justice of the European Union; – what the European Union legal framework on privacy and data protection consists of and how it functions in the light of big data; – what companies, governments and other organisations are permitted to do with big data under the current regulatory framework; – the central importance of personal autonomy; – circumstances that influence whether or not the right to privacy is triggered; – big data’s possible impact on democracy through, inter alia, potentially limiting freedom of expression; – how governmental or corporate surveillance chills the receiver’s gathering of information and ideas; – selective offering of choices or information, or manipulation of people’s ideas; – procedural aspects that influence the extrapolation of normative concepts of privacy and data protection; and – how discrimination occurs in big data. This book foregrounds a critical scrutiny of commercial uses of big data – its scale, its limited capacity for independent oversight and the expected prevalence of interference with individuals’ rights. The author’s conclusions explore possible legal alternatives to mitigate the negative impact of big data, using legal instruments, case law and legal academic literature in her analysis. Because the amount of digital data keeps growing and the private lives of individuals are increasingly taking place online – and because of the opacity of the big data process, the fundamental values that are at stake, and the speed of technological developments compared to the pace of legal reform – this comprehensive assessment of flaws in the current framework and possible practical solutions will be warmly welcomed by practitioners, policymakers and government officials in all legal fields related to privacy and data protection.

Author : Melissa Lukings,Arash Habibi Lashkari
Publisher : Springer Nature
Page : 194 pages
File Size : 43,7 Mb
Release : 2021-12-01
Category : Business & Economics
ISBN : 9783030887049

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Understanding Cybersecurity Law and Digital Privacy by Melissa Lukings,Arash Habibi Lashkari Pdf

Cybersecurity, data privacy law, and the related legal implications overlap into a relevant and developing area in the legal field. However, many legal practitioners lack the foundational understanding of computer processes which are fundamental for applying existing and developing legal structures to the issue of cybersecurity and data privacy. At the same time, those who work and research in cybersecurity are often unprepared and unaware of the nuances of legal application. This book translates the fundamental building blocks of data privacy and (cyber)security law into basic knowledge that is equally accessible and educational for those working and researching in either field, those who are involved with businesses and organizations, and the general public.

Author : Louise Bélanger-Hardy,Aline Grenon
Publisher : Unknown
Page : 0 pages
File Size : 45,7 Mb
Release : 2008
Category : Civil law
ISBN : 0459257110

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Elements of Quebec Civil Law by Louise Bélanger-Hardy,Aline Grenon Pdf

Author : Kris Klein,International Association of Privacy Professionals
Publisher : Unknown
Page : 154 pages
File Size : 41,9 Mb
Release : 2009-03-01
Category : Information technology
ISBN : 0979590132

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Canadian Privacy by Kris Klein,International Association of Privacy Professionals Pdf

"Canada has distinguished itself as a pioneer in the oversight of privacy and data protection through a co-regulatory approach that balances industry initiative with government protection of consumer preferences and citizen concerns. Incorporating key elements of the European and American approaches, Canada is the first North American country to enact comprehensive data protection regulation that sets appropriate standards for privacy practices across the country. In recognition of Canada's unique position, the International Association of Privacy Professionals (IAPP) has created the first credentialing program in Canadian privacy. The Certified Information Privacy Professional/Canada (CIPP/C) is the first certification to be designed by Canadian privacy officers for the benefit of information management professionals who work in the Canadian private sector. Canadian Privacy: Data Protection Law and Policy for the Practitioner is the official reference for the CIPP/C program. It brings into focus all of the notable Canadian data protection laws and standards including: The Privacy Act of Canada; The Personal Information and Electronic Documents Act ("PIPEDA"); The Personal Information Protection Acts of Alberta and British Columbia (the "PIPAs"); The Personal Health Information Protection Act of Ontario ("PHIPA"); The private sector Act of Québec ("Loi sur la protection des rensiegnments personeels dans le secrteur privé [sic]"); the Generally Acceptable Privacy Principles ("GAPP"). Canadian Privacy is a valuable reference for Canadian corporate privacy officers as well as any professional who is responsible for the information risk management, information security, information auditing or legal compliance needs of clients or organizations based in Canada."--P. [4] of cover.

Author : Frank Hendrickx,Elena Gramano,David Mangan
Publisher : Kluwer Law International B.V.
Page : 668 pages
File Size : 50,8 Mb
Release : 2023-06-12
Category : Law
ISBN : 9789403531663

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Privacy@work by Frank Hendrickx,Elena Gramano,David Mangan Pdf

The right to privacy is a fundamental right. Along with the related right to personal data protection, it has come to take a central place in contemporary employment relations and shows significant relevance for the future of work. This thoroughly researched volume, which offers insightful essays by leading European academics and policymakers in labour and employment law, is the first to present a thoroughly up-to-date Europe-wide survey and analysis of the intensive and growing interaction of workplace relations systems with developments in privacy law. With abundant reference to the EU’s General Data Protection Regulation, the case law of the European Court of Human Rights, and the work of the International Labour Organisation, the book proceeds as a series of country chapters, each by a recognised expert in a specific jurisdiction. Legal comparison is based on a questionnaire circulated to the contributors in advance. Each country chapter addresses the national legal weight of such issues and topics as the following: interaction of privacy and data protection law; legitimacy, purpose limitation, and data minimisation; transparency; role of consent; artificial intelligence and automated decision-making; health-related data, including biometrics and psychological testing; monitoring and surveillance; and use of social media. A detailed introductory overview begins the volume. The research for this book is based on a dynamic methodology, founded in scientific desk research and expert networking. Recognising that the need for further guidance for privacy at work has been demonstrated by various European and international bodies, this book delivers a signal contribution to the field for social partners, practitioners, policymakers, scholars, and all other stakeholders working at the crossroads of privacy, data protection, and labour law.

Author : Damian Clifford,Kwan Ho Lau,Jeannie Marie Paterson
Publisher : Bloomsbury Publishing
Page : 301 pages
File Size : 53,9 Mb
Release : 2023-12-14
Category : Law
ISBN : 9781509966035

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Data and Private Law by Damian Clifford,Kwan Ho Lau,Jeannie Marie Paterson Pdf

This collection examines one of the fastest growing fields of regulation: data rights. The book moves debates about data beyond data and privacy protecting statutes. In doing so, it asks what private law may have to say about these issues and explores how private law may influence the interpretation and the form of legislation dealing with data. Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators. The contributors are specialists in their respective fields of private law with long-standing expertise in the challenges to data privacy posed by emerging digital technologies.

Author : Gary Chan Kok Yew,Man Yip
Publisher : Bloomsbury Publishing
Page : 277 pages
File Size : 48,6 Mb
Release : 2021-09-23
Category : Law
ISBN : 9781509946846

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AI, Data and Private Law by Gary Chan Kok Yew,Man Yip Pdf

This book examines the interconnections between artificial intelligence, data governance and private law rules with a comparative focus on selected jurisdictions in the Asia-Pacific region. The chapters discuss the myriad challenges of translating and adapting theory, doctrines and concepts to practice in the Asia-Pacific region given their differing circumstances, challenges and national interests. The contributors are legal experts from the UK, Israel, Korea, and Singapore with extensive academic and practical experience. The essays in this collection cover a wide range of topics, including data protection and governance, data trusts, information fiduciaries, medical AI, the regulation of autonomous vehicles, the use of blockchain technology in land administration, the regulation of digital assets and contract formation issues arising from AI applications. The book will be of interest to members of the judiciary, policy makers and academics who specialise in AI, data governance and/or private law or who work at the intersection of these three areas, as well as legal technologists and practising lawyers in the Asia-Pacific, the UK and the US.

Author : Stefan Grundmann,Hans-W. Micklitz,Moritz Renner
Publisher : Cambridge University Press
Page : 553 pages
File Size : 50,6 Mb
Release : 2021-03-18
Category : Law
ISBN : 9781108486507

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New Private Law Theory by Stefan Grundmann,Hans-W. Micklitz,Moritz Renner Pdf

New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.

Author : Perri 6
Publisher : Demos
Page : 440 pages
File Size : 44,5 Mb
Release : 1998
Category : Data protection
ISBN : 9781898309444

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The Future of Privacy: Private life and public policy by Perri 6 Pdf