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Data Localization Laws and Policy by W. Kuan Hon Pdf
Countries are increasingly introducing data localization laws, threatening digital globalization and inhibiting cloud computing adoption despite its acknowledged benefits. This multi-disciplinary book analyzes the EU restriction (including the Privacy Shield and General Data Protection Regulation) through a cloud computing lens, covering historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data, and control of access to data through security.
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.
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.
Law and the "Sharing Economy" by Derek McKee,Finn Makela,Teresa Scassa Pdf
Controversy shrouds sharing economy platforms. It stems partially from the platforms’ economic impact, which is felt most acutely in certain sectors: Uber drivers compete with taxi drivers; Airbnb hosts compete with hotels. Other consequences lie elsewhere: Uber is associated with a trend toward low-paying, precarious work, whereas Airbnb is accused of exacerbating real estate speculation and raising the cost of long-term rental housing. While governments in some jurisdictions have attempted to rein in the platforms, technology has enabled such companies to bypass conventional regulatory categories, generating accusations of “unfair competition” as well as debates about the merits of existing regulatory regimes. Indeed, the platforms blur a number of familiar distinctions, including personal versus commercial activity; infrastructure versus content; contractual autonomy versus hierarchical control. These ambiguities can stymie legal regimes that rely on these distinctions as organizing principles, including those relating to labour, competition, tax, insurance, information, the prohibition of discrimination, as well as specialized sectoral regulation. This book is organized around five themes: technologies of regulation; regulating technology; the sites of regulation (local to global); regulating markets; and regulating labour. Together, the chapters offer a rich variety of insights on the regulation of the sharing economy, both in terms of the traditional areas of law they bring to bear, and the theoretical perspectives that inform their analysis. Published in English.
African Data Protection Laws by Raymond Atuguba Akongburo,Patricia Boshe,Sena Afua Dei-Tutu,Moritz Hennemann Pdf
For the last two decades data protection regulatory models in the African continent were highly inspired by foreign ones - mostly by the European Union's models. Recently, regulatory diversions can be spotted - reaching from strict(er) regulation on data sovereignty and data localisation to hybrid data protection and data governance approaches. Against this background, this volume presents the proceedings of the conference on "African Data Protection Laws: Regulation, Policy, and Practice" held in Accra, Ghana in 2022. The contributions undertake deep dives into the data protection and data governance development on the African continent - providing insights by distinguished scholars and experts in the field and tackling current trends, laws, regulations, and policies. The contributions narrate the unique African journey and lay the ground for interdisciplinary informed policy decisions, guide stakeholders, and also provoke future research towards a potential Pan-African data (protection) governance framework in Africa.
Data Sovereignty by Anupam Chander,Haochen Sun Pdf
"The internet was supposed to end sovereignty. "Governments of the Industrial World, you weary giants of flesh and steel, you have no sovereignty where we gather," John Perry Barlow famously declared. Sovereignty would prove impossible over a world of bits, with the internet simply routing around futile controls. But reports of the death of sovereignty over the internet proved premature. Consider recent events"--
Research Handbook in Data Science and Law by Vanessa Mak,Eric Tjong Tjin Tai,Anna Berlee Pdf
The use of data in society has seen an exponential growth in recent years. Data science, the field of research concerned with understanding and analyzing data, aims to find ways to operationalize data so that it can be beneficially used in society, for example in health applications, urban governance or smart household devices. The legal questions that accompany the rise of new, data-driven technologies however are underexplored. This book is the first volume that seeks to map the legal implications of the emergence of data science. It discusses the possibilities and limitations imposed by the current legal framework, considers whether regulation is needed to respond to problems raised by data science, and which ethical problems occur in relation to the use of data. It also considers the emergence of Data Science and Law as a new legal discipline.
EU Personal Data Protection in Policy and Practice by Bart Custers,Alan M. Sears,Francien Dechesne,Ilina Georgieva,Tommaso Tani,Simone van der Hof Pdf
In this book, the protection of personal data is compared for eight EU member states,namely France, Germany, the United Kingdom, Ireland, Romania, Italy, Sweden andthe Netherlands. The comparison of the countries is focused on government policiesfor the protection of personal data, the applicable laws and regulations, implementationof those laws and regulations, and supervision and enforcement. Although the General Data Protection Regulation (GDPR) harmonizes the protectionof personal data across the EU as of May 2018, its open norms in combination withcultural differences between countries result in differences in the practical implementation,interpretation and enforcement of personal data protection. With its focus on data protection law in practice, this book provides indepth insightsinto how different countries deal with data protection issues. The knowledge and bestpractices from these countries provide highly relevant material for legal professionals,data protection officers, policymakers, data protection authorities and academicsacross Europe. Bart Custers is Associate Professor and Director of Research at the Center for Law andDigital Technologies of the Leiden Law School at Leiden University, the Netherlands.Alan M. Sears, Francien Dechesne, Ilina Georgieva and Tommaso Tani are all affiliated tothat same organization, of which Professor Simone van der Hof is the General Director.
Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective by Yihan Dai Pdf
This book focuses on the PRC’s cross-border data transfer legislation in recent years, as well as the implications for international trade law. The book addresses the convergence of industries and technologies notably caused by digitization; the issue of conflicts between goods and services; and the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) as well as the difficulty of classifying service sectors under WTO members’ commitments. The book also examines the FTAs that entered into force after 2012 that regulate digital trade beyond the venue of the WTO and analyzes their rules of relevance for cross-border data flows and international trade. It asks whether and how these FTAs have deliberately reacted to the increasing importance of data flows as well as to the trouble of governing them in the context of global governance
Artificial Intelligence and International Economic Law by Shin-yi Peng,Ching-Fu Lin,Thomas Streinz Pdf
Examines the interplay between artificial intelligence and international economic law, and its effects on global economic order. This title is also available as Open Access.
The first work to examine data privacy laws across Asia, covering all 26 countries and separate jurisdictions, and with in-depth analysis of the 14 which have specialised data privacy laws. Professor Greenleaf demonstrates the increasing world-wide significance of data privacy and the international context of the development of national data privacy laws as well as assessing the laws, their powers and their enforcement against international standards. The book also contains a web link to an update to mid-2017.
The Foundations of EU Data Protection Law by Orla Lynskey Pdf
Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.
Data Sovereignty and Enterprise Data Management by Sunil Soares Pdf
Data sovereignty refers to privacy legislation governing information that is subject to the laws of the country where the information is located or stored. Data sovereignty impacts the protection of data and is affected by governmental regulations for data privacy, data storage, data processing, and data transfer across international borders. The European Union's General Data Protection Regulation is a recent example of a data sovereignty law. Other examples include Australia's Privacy Act, Canada's Anti-Spam Law, the People's Republic of China's Cybersecurity Law, and Russia's Personal Data Localization law. Data sovereignty laws are emerging as a key impediment to cloud-based storage of data. These laws also have an impact when information is created in one country but then is moved to another country for storage, analytics, or processing. Data sovereignty is thus becoming increasingly important to multinationals with business operations, customers, and employees in several countries. It is crucial for organizations to be able to accurately identify who has control and access to their data-wherever it is located. As with all enacted regulations, compliance requires a sound data governance program with effective enterprise data management. Data governance is the formulation of policy to optimize, secure, and leverage information as an enterprise asset by aligning the objectives of multiple functions. Enterprise data management refers to an organization's ability to precisely define, easily integrate, and effectively retrieve data for both internal applications and external communication. This book, geared toward business users, outlines 16 core steps to operationalize a data governance program geared to data sovereignty compliance. Successful data sovereignty requires collaboration across the organization, including among those responsible for legal, risk, compliance, information technology, and enterprise data management. The amalgamation of skills and technology within the organization will support the operationalization. As organizations extend the reach of their operations and customer base and look to leverage the cloud for computing, data distribution, and application hosting, they must understand the ramifications their business and IT decisions could have with respect to data sovereignty laws. With the concepts outlined in this book, organizations will be equipped to move forward to address the challenges of data sovereignty.
