Data Protection Without Data Protectionism

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Data Protection without Data Protectionism

Tobias Naef
Data Protection without Data Protectionism Book PDF

Author : Tobias Naef
Publisher : Springer Nature
Page : 442 pages
File Size : 54,6 Mb
Release : 2023-01-13
Category : Law
ISBN : 9783031198939

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Data Protection without Data Protectionism by Tobias Naef Pdf

This open access book offers a new account on the legal conflict between privacy and trade in the digital sphere. It develops a fundamental rights theory with a new right to continuous protection of personal data and explores the room for the application of this new right in trade law. Replicable legal analysis and practical solutions show the way to deal with cross-border data flows without violating fundamental rights and trade law principles. The interplay of privacy and trade became a topic of worldwide attention in the wake of Edward Snowden’s revelations concerning US mass surveillance. Based on claims brought forward by the activist Maximilian Schrems, the ECJ passed down two high-profile rulings restricting EU-US data flows. Personal data is relevant for a wide range of services that are supplied across borders and restrictions on data flows therefore have an impact on the trade with such services. After the two rulings by the ECJ, it is less clear then ever how privacy protection and trade can be brought together on an international scale. Although it was widely understood that the legal dispute over EU-US data flows concerns the broad application of EU data protection law, it has never been fully explored just how far the EU’s requirements for the protection of digital rights go and what this means beyond EU-US data flows. This book shows how the international effects of EU data protection law are rooted in the EU Charter of Fundamental Rights and that the architecture of EU law demands that the Charter as primary EU law takes precedence over international law. The book sets out to solve the problem of how the EU legal data transfer regime must be designed to implement the EU’s extraterritorial fundamental rights requirements without violating the principles of the WTO’s law on services. It also addresses current developments in international trade law – the conclusion of comprehensive trade agreements – and offers suggestion for the design of data flow clauses that accommodate privacy and trade.

Governing Cross-Border Data Flows

Svetlana Yakovleva
Governing Cross Border Data Flows Book PDF

Author : Svetlana Yakovleva
Publisher : Oxford University Press
Page : 433 pages
File Size : 54,9 Mb
Release : 2024-02-27
Category : Law
ISBN : 9780192899262

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Governing Cross-Border Data Flows by Svetlana Yakovleva Pdf

Governing Cross-Border Data Flows explores how the European Union can simultaneously reconcile and pursue two important legal and policy objectives, namely: protecting fundamental rights guaranteed under the EU Charter of Fundamental Rights (EU Charter) concerning privacy and personal data, while also maintaining and developing a binding, rules-based global trading system to ensure appropriate access to foreign digital markets for EU businesses. The book demonstrates a significant conflict between international trade law and European data privacy law when it comes to the governance of cross-border flows of personal data. To resolve the tensions caused by this clash, the book proposes concrete and detailed ways to ameliorate the situation from both ends (international trade and personal data protection), specifically through reforms of both international trade and chapter V of the General Data Protection Regulation (GDPR). To explain how such reforms could be effectuated, Yakovleva examines the role of discourse in the evolution of trade law in the last two decades. The book also paves the way for the further research necessary to design a fully-fledged reform proposal of the EU framework for the transfer of personal data outside the European Economic Area.

Data Protection and Privacy Under Pressure

Gert Vermeulen,Eva Lievens
Data Protection and Privacy Under Pressure Book PDF

Author : Gert Vermeulen,Eva Lievens
Publisher : Maklu
Page : 343 pages
File Size : 42,5 Mb
Release : 2017-12-04
Category : Data protection
ISBN : 9789046609101

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Data Protection and Privacy Under Pressure by Gert Vermeulen,Eva Lievens Pdf

Since the Snowden revelations, the adoption in May 2016 of the General Data Protection Regulation and several ground-breaking judgments of the Court of Justice of the European Union, data protection and privacy are high on the agenda of policymakers, industries and the legal research community. Against this backdrop, Data Protection and Privacy under Pressure sheds light on key developments where individuals’ rights to data protection and privacy are at stake. The book discusses the persistent transatlantic tensions around various EU-US data transfer mechanisms and EU jurisdiction claims over non-EU-based companies, both sparked by milestone court cases. Additionally, it scrutinises the expanding control or surveillance mechanisms and interconnection of databases in the areas of migration control, internal security and law enforcement, and oversight thereon. Finally, it explores current and future legal challenges related to big data and automated decision-making in the contexts of policing, pharmaceutics and advertising.

Data Localization Laws and Policy

W. Kuan Hon
Data Localization Laws and Policy Book PDF

Author : W. Kuan Hon
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 48,5 Mb
Release : 2024-06-12
Category : Electronic
ISBN : 9781786431974

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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.

Transatlantic Data Protection in Practice

Rolf H. Weber,Dominic Staiger
Transatlantic Data Protection in Practice Book PDF

Author : Rolf H. Weber,Dominic Staiger
Publisher : Springer
Page : 162 pages
File Size : 47,9 Mb
Release : 2017-10-10
Category : Law
ISBN : 9783662554302

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Transatlantic Data Protection in Practice by Rolf H. Weber,Dominic Staiger Pdf

This book offers guidance for US-based IT businesses on both sides of the Atlantic when dealing with big data and government data, since transatlantic data flows are key to the success of these enterprises. It offers practical insights into many of the data-protection challenges US companies in various industries face when seeking to comply with US and EU data-protection laws, and analyses the potential conflicts in the light of their risks and the way in which US-based cloud providers react to the uncertainties of the applicable data-protection rules. The book particularly focuses on the insights derived from a qualitative study conducted in 2016 with various cloud-based IT businesses in the Silicon Valley area, which shows the diversity of views on data protection and the many approaches companies take to this topic. Further, it discusses key data-protection issues in the field of big data and government data.

EU Personal Data Protection in Policy and Practice

Bart Custers,Alan M. Sears,Francien Dechesne,Ilina Georgieva,Tommaso Tani,Simone van der Hof
EU Personal Data Protection in Policy and Practice Book PDF

Author : Bart Custers,Alan M. Sears,Francien Dechesne,Ilina Georgieva,Tommaso Tani,Simone van der Hof
Publisher : T.M.C. Asser Press
Page : 249 pages
File Size : 55,7 Mb
Release : 2019-03-08
Category : Law
ISBN : 9462652813

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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.

Data Protection in a Profiled World

Serge Gutwirth,Yves Poullet,Paul De Hert
Data Protection in a Profiled World Book PDF

Author : Serge Gutwirth,Yves Poullet,Paul De Hert
Publisher : Springer Science & Business Media
Page : 334 pages
File Size : 45,8 Mb
Release : 2010-08-03
Category : Law
ISBN : 9048188652

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Data Protection in a Profiled World by Serge Gutwirth,Yves Poullet,Paul De Hert Pdf

One of the most challenging issues facing our current information society is the accelerating accumulation of data trails in transactional and communication systems, which may be used not only to profile the behaviour of individuals for commercial, marketing and law enforcement purposes, but also to locate and follow things and actions. Data mining, convergence, interoperability, ever- increasing computer capacities and the extreme miniaturisation of the hardware are all elements which contribute to a major contemporary challenge: the profiled world. This interdisciplinary volume offers twenty contributions that delve deeper into some of the complex but urgent questions that this profiled world addresses to data protection and privacy. The chapters of this volume were all presented at the second Conference on Privacy and Data Protection (CPDP2009) held in Brussels in January 2009 (www.cpdpconferences.org). The yearly CPDP conferences aim to become Europe’s most important meeting where academics, practitioners, policy-makers and activists come together to exchange ideas and discuss emerging issues in information technology, privacy and data protection and law. This volume reflects the richness of the conference, containing chapters by leading lawyers, policymakers, computer, technology assessment and social scientists. The chapters cover generic themes such as the evolution of a new generation of data protection laws and the constitutionalisation of data protection and more specific issues like security breaches, unsolicited adjustments, social networks, surveillance and electronic voting. This book not only offers a very close and timely look on the state of data protection and privacy in our profiled world, but it also explores and invents ways to make sure this world remains a world we want to live in.

Data Protection and Privacy: (In)visibilities and Infrastructures

Ronald Leenes,Rosamunde van Brakel,Serge Gutwirth,Paul De Hert
Data Protection and Privacy In visibilities and Infrastructures Book PDF

Author : Ronald Leenes,Rosamunde van Brakel,Serge Gutwirth,Paul De Hert
Publisher : Springer
Page : 295 pages
File Size : 48,6 Mb
Release : 2017-02-07
Category : Law
ISBN : 9783319507965

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Data Protection and Privacy: (In)visibilities and Infrastructures by Ronald Leenes,Rosamunde van Brakel,Serge Gutwirth,Paul De Hert Pdf

This book features peer reviewed contributions from across the disciplines on themes relating to protection of data and to privacy protection. The authors explore fundamental and legal questions, investigate case studies and consider concepts and tools such as privacy by design, the risks of surveillance and fostering trust. Readers may trace both technological and legal evolution as chapters examine current developments in ICT such as cloud computing and the Internet of Things. Written during the process of the fundamental revision of revision of EU data protection law (the 1995 Data Protection Directive), this volume is highly topical. Since the European Parliament has adopted the General Data Protection Regulation (Regulation 2016/679), which will apply from 25 May 2018, there are many details to be sorted out. This volume identifies and exemplifies key, contemporary issues. From fundamental rights and offline alternatives, through transparency requirements to health data breaches, the reader is provided with a rich and detailed picture, including some daring approaches to privacy and data protection. The book will inform and inspire all stakeholders. Researchers with an interest in the philosophy of law and philosophy of technology, in computers and society, and in European and International law will all find something of value in this stimulating and engaging work.

Data Protection on the Move

Serge Gutwirth,Ronald Leenes,Paul De Hert
Data Protection on the Move Book PDF

Author : Serge Gutwirth,Ronald Leenes,Paul De Hert
Publisher : Springer
Page : 476 pages
File Size : 45,7 Mb
Release : 2016-01-09
Category : Law
ISBN : 9789401773768

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Data Protection on the Move by Serge Gutwirth,Ronald Leenes,Paul De Hert Pdf

This volume brings together papers that offer methodologies, conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the eight annual International Conference on Computers, Privacy, and Data Protection, CPDP 2015, held in Brussels in January 2015. The book explores core concepts, rights and values in (upcoming) data protection regulation and their (in)adequacy in view of developments such as Big and Open Data, including the right to be forgotten, metadata, and anonymity. It discusses privacy promoting methods and tools such as a formal systems modeling methodology, privacy by design in various forms (robotics, anonymous payment), the opportunities and burdens of privacy self management, the differentiating role privacy can play in innovation. The book also discusses EU policies with respect to Big and Open Data and provides advice to policy makers regarding these topics. Also attention is being paid to regulation and its effects, for instance in case of the so-called ‘EU-cookie law’ and groundbreaking cases, such as Europe v. Facebook. This interdisciplinary book was written during what may turn out to be the final stages of the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission. It discusses open issues and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.

Data Protection Implementation Guide

Brendan Quinn
Data Protection Implementation Guide Book PDF

Author : Brendan Quinn
Publisher : Kluwer Law International B.V.
Page : 463 pages
File Size : 52,6 Mb
Release : 2021-09-02
Category : Law
ISBN : 9789403529011

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Data Protection Implementation Guide by Brendan Quinn Pdf

The complexities of implementing the General Data Protection Regulation (GDPR) continue to grow as it progresses through new and ever-changing technologies, business models, codes of conduct, and decisions of the supervisory authorities, and the courts. This eminently practical guide to implementing the GDPR – written in an original, problem-solving style by a highly experienced data protection expert with equal knowledge of both law and technology – provides a step-by-step project management approach to building a GDPR-compliant data protection system, assessing, and documenting the risks and then implementing these changes through processes at the operational level. With detailed attention to case law (Member State, ECJ, and ECHR), especially where affecting high-risk areas that have attracted scrutiny, the guidance proceeds systematically through such topics and issues as the following: required documentation, policies, and procedures; risk assessment tools and analysis frameworks; children’s data; employee and health data; international transfers post-Schrems II; data subject rights including the right of access; data retention and erasure; tracking and surveillance; and effects of technologies such as artificial intelligence, biometrics, and machine learning. With its practical examples derived from the author’s experience in building GDPR-compliant software, as well as its analysis of case law and enforcement priorities, this incomparable guide enables company data protection officers and compliance staff to advise on key issues with full awareness of the legal and reputational risks and how to mitigate them. It is also sure to be of immeasurable value to concerned regulators and policymakers at all government levels. “…it's going to be the go to resource for practitioners.” Tom Gilligan, Data Protection Consultant, September 2021 "I purchased this book recently and I’m very glad I did. It’s the textbook I have been waiting for. As someone relatively new to data protection, I was finding it very difficult to find books on the practical side of data protection. This book is very clearly laid out with practical examples and case law given for each topic, which is immensely helpful. I would recommend it to any data protection practitioners." Jennifer Breslin, LLM CIPP/E, AIPP Member

Data Protection in the Internet

Dário Moura Vicente,Sofia de Vasconcelos Casimiro
Data Protection in the Internet Book PDF

Author : Dário Moura Vicente,Sofia de Vasconcelos Casimiro
Publisher : Springer Nature
Page : 540 pages
File Size : 47,7 Mb
Release : 2019-12-01
Category : Law
ISBN : 9783030280499

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Data Protection in the Internet by Dário Moura Vicente,Sofia de Vasconcelos Casimiro Pdf

This book identifies and explains the different national approaches to data protection – the legal regulation of the collection, storage, transmission and use of information concerning identified or identifiable individuals – and determines the extent to which they could be harmonised in the foreseeable future. In recent years, data protection has become a major concern in many countries, as well as at supranational and international levels. In fact, the emergence of computing technologies that allow lower-cost processing of increasing amounts of information, associated with the advent and exponential use of the Internet and other communication networks and the widespread liberalization of the trans-border flow of information have enabled the large-scale collection and processing of personal data, not only for scientific or commercial uses, but also for political uses. A growing number of governmental and private organizations now possess and use data processing in order to determine, predict and influence individual behavior in all fields of human activity. This inevitably entails new risks, from the perspective of individual privacy, but also other fundamental rights, such as the right not to be discriminated against, fair competition between commercial enterprises and the proper functioning of democratic institutions. These phenomena have not been ignored from a legal point of view: at the national, supranational and international levels, an increasing number of regulatory instruments – including the European Union’s General Data Protection Regulation applicable as of 25 May 2018 – have been adopted with the purpose of preventing personal data misuse. Nevertheless, distinct national approaches still prevail in this domain, notably those that separate the comprehensive and detailed protective rules adopted in Europe since the 1995 Directive on the processing of personal data from the more fragmented and liberal attitude of American courts and legislators in this respect. In a globalized world, in which personal data can instantly circulate and be used simultaneously in communications networks that are ubiquitous by nature, these different national and regional approaches are a major source of legal conflict.

Data Protection Around the World

Elif Kiesow Cortez
Data Protection Around the World Book PDF

Author : Elif Kiesow Cortez
Publisher : T.M.C. Asser Press
Page : 279 pages
File Size : 51,7 Mb
Release : 2021-11-21
Category : Law
ISBN : 9462654093

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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.

Data Protection and Privacy

Computers, Privacy and Data Protection (Conference)
Data Protection and Privacy Book PDF

Author : Computers, Privacy and Data Protection (Conference)
Publisher : Unknown
Page : 236 pages
File Size : 45,5 Mb
Release : 2017
Category : Data protection
ISBN : 1509919376

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Data Protection and Privacy by Computers, Privacy and Data Protection (Conference) Pdf

EU data protection and "treaty-base games" : when fundamental rights are wearing market-making clothes / Laima Janciute -- The "risk revolution" in EU data protection law : we can't have our cake and eat it, too / Claudia Quelle -- No privacy without transparency / Roger Taylor -- Machine learning with personal data / Dimitra Kamarinou, Christopher Millard, and Jatinder Singh -- Bridging regulation and practice : a legal-technical analysis of the three types of data in the GDPR / Runshan Hu, Sophie Stalla-Bourdillon, Mu Yang, Valeria Schiavo, and Vladimiro Sassone -- Are we prepared for the 4th industrial revolution : data protection and data security challenges of industry 4.0 in the EU context / Carolin Moeller -- Reasonable expectations of data protection in telerehabilitation : a legal and anthropological perspective on intelligent orthoses / Martina Klausner and Sebastian Golla -- Considering the privacy design implications of conversation as platform / Ewa Luger and Gilad Rosner -- CPDP 2017 closing speech / Giovanni Butarelli

Determann's Field Guide to Data Privacy Law

Lothar Determann
Determann s Field Guide to Data Privacy Law Book PDF

Author : Lothar Determann
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2015
Category : Data protection
ISBN : 1784714992

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Determann's Field Guide to Data Privacy Law by Lothar Determann Pdf

Companies, lawyers, privacy officers, developers, marketing and IT professionals face privacy issues more and more frequently. Much information is freely available but it can be difficult to get a grasp on a problem quickly, without getting lost in details and advocacy. This is where Determann's Field Guide to Data Privacy Law comes into its own - helping to identify issues and provide concise practical guidance in an increasingly complex field shaped by rapid change in international laws, technology and society. Now in a second, updated and revised edition, with new material covering issues such as big data, data brokers and spying, Determann's Field Guide focuses on the compliance issues that are likely to be encountered by the majority of companies. Starting with an overview of the key concepts in the field, in order to provide a basic understanding of data privacy, the book offers practical advice on initiating, maintaining and then auditing a compliance program, with checklists designed to assist this process. The book also gives step-by-step guidance on drafting documentation for data privacy compliance, including notices, consent forms, agreements, protocols, request forms and government notifications, and provides sample documentation to use as a model. A handy A-Z of data privacy compliance completes the book and gives a concise tour of privacy-related issues, from Advertising to Zip Codes. Lightweight enough to carry around, the book should be on the desk and in the briefcase of every compliance officer and corporate counsel. New to this Edition: - Coverage of new topics such as big data, data brokers, spying and binding corporate rules for processors. - Commentary on legislative changes including: EU data protection regulation, APEC data protection law harmonization, COPPA, HIPAA, ROSCA, EU cookies regulations and laws prohibiting compelled social media password disclosure. - Smaller, handier format. Key Features: - Concise overview of the practical requirements of data privacy compliance. - Step-by-step guide to starting and maintaining a compliance programme. - Advice on drafting documentation gives the user the tools to complete an end-to-end process. - Glossaries of key acronyms and terms help the user to navigate through the field. - Includes sample documentation and checklists to ensure the clearest possible guidance. - Clear structure facilitates quick reference. - A-Z of data privacy provides snapshot of key topics.

E-privacy and Online Data Protection

Peter Carey (LL. M.),Eduardo Ustaran
E privacy and Online Data Protection Book PDF

Author : Peter Carey (LL. M.),Eduardo Ustaran
Publisher : Butterworth-Heinemann
Page : 268 pages
File Size : 49,5 Mb
Release : 2002
Category : Data protection
ISBN : 0406945888

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E-privacy and Online Data Protection by Peter Carey (LL. M.),Eduardo Ustaran Pdf

This work is a practitioner's guide to considering how data protection and privacy law affect electronic commerce and business practice. Providing compliance advice for any company doing business electronically or handling information relating to individuals, the practice manual is accompanied by a CD-ROM containing precedents, including Website privacy policies, employee's code of conduct for email and Internet use, data processing agreements and standard clauses for international data transfers. The book aims to answer clients' questions, such as: how will the Information Officer's Employment Code of Conduct affect my business? How can I minimize liability for staff misuse of email? Does my Website gather data in an effective and legal way? What does fair and lawful processing of data entail? How can I ensure safe and legal transfer of data outside the UK? This practical work also analyzes EU directives, looking at how they are regulating privacy and data protection on the Internet, as well as considering law and practice in other jurisdictions, such as Australia, Canada and the USA.