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Privacy and Data Protection Law in Ireland by Denis Kelleher Pdf
The information society has created an environment where new technologies increasingly threaten the right to privacy. Privacy and Data Protection Law in Ireland provides a detailed analysis of the law that applies in this complex and uncertain environment. Privacy and Data Protection Law in Ireland covers relevant Irish legislation, in particular the Communications (Retention of Data) Act 2011 and the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. It also includes developments in EU law such as the Lisbon Treaty and European Charter of Fundamental Rights, the EU Council Framework Decision 2008/977/JHA of November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters and the new E-Privacy Directive. The new edition includes three new chapters, specifically dealing with social networking, cloud computing and criminal legislation. Previous edition ISBN: 9781845922047
Data Protection Law in Ireland by Paul Lambert Pdf
In 2016, data protection regulation saw the most significant change in over twenty-one years. The Data Protection Directive was replaced in its entirety by the new General Data Protection Regulation. This affects all organizations and all individuals throughout the EU and Ireland. In addition to new and expanded rights and obligations, organizations must also engage Data Protection Officers, whom have significant responsibilities and independence. The second edition of Data Protection Law in Ireland provides a detailed analysis of these new developments, procedures, rights, and obligations of data protection in Ireland. It is the most recent and up-to-date book, providing a comprehensive guide as to what data protection is and the implications and obligations for holders and subjects of such data. This is an essential reference and resource for organizations, companies, solicitors, barristers, Data Protection Officers, compliance officers, IT and security personnel, marketing departments, and those interested in this increasingly important and rapidly changing area of law. [Subject: Irish Law, Data Protection, Information Technology]
Provides an analysis of the origins, current sources, and character of privacy law in Ireland with a particular focus on how to navigate privacy claims and balance privacy with other interests before the Irish courts. It clarifies the relationship between private law protection of privacy rights in tort and statute, and constitutional conceptions of the right and compares how European Union and international law impacts on the privacy jurisprudence of the Irish courts. Part One: Addresses the sources of privacy rights in Ireland, with an account of how the right to privacy has been protected under the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, explaining the influence of the ECHR on privacy adjudication before the CJEU and outlining the trickle-down impact of the decisions of both courts on the secondary laws of the European Union, and national law in turn. Part Two: Considers the genres of privacy recognised by the Irish courts namely, personal, spatial and informational privacy. The chapters in this part consider the recent decisions in respect of data retention and privacy rights in Dwyer v Commissioner of Garda Síochána as well as the implications of the CJEU and Supreme Court decisions in the matter for criminal prosecutions relying on data retained under the now invalidated legislation. Part Two also considers the recent Supreme Court decision in DPP v Quinn which adds significantly to the jurisprudence of the Irish courts in respect of digital privacy under Article 40.5 of the Constitution, and has implications for the search of digital devices more broadly. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.
Privacy and Data Protection Law in Ireland by Denis Kelleher Pdf
The GDPR emphasises transparency, security and accountability by data controllers and processors, while at the same time standardising and strengthening the right of European citizens to data privacy. This book provides a comprehensive guide to the effects of GDPR and the Data Protection Act 2018 in Ireland.
Shortlisted for DSBA Law Book of the Year Award 2020 The law in Ireland regarding causes of action involving the internet is a rapidly growing area of law and litigation. This book examines issues such as privacy, data protection, defamation, data protection, crime, intellectual property and employment, all through the prism of online behaviour. This book examines key pieces of legislation such as the E-Commerce Directive, GDPR, and Defamation Act 2009; forthcoming legislation such as the Digital Content Directive and proposed Irish legislation to combat harmful online content. With Ireland being the European base of many international IT and tech firms such as Google, Facebook, LinkedIn, Amazon and Twitter, it is anticipated that the Irish courts will be the forum for many important cases in the near future. Internet Law provides a comprehensive overview of the state of the law in Ireland, EU Member States, and other common law countries such as Canada, Australia and New Zealand. And in such a fast-developing area of law, the book also anticipates many of the issues that will face courts in the near future. Key cases that this book considers include: Data protection: Google Spain [2014] – an in depth review of what exactly this case established, and the manner in which it has been interpreted in subsequent case law. Lloyd v Google [2019] – in which the English Court of Appeal made a significant finding about the availability of damages for non-pecuniary loss arising from the breach of a person's data protection rights. Defamation: Monroe v Hopkins [2017] - the first UK case to consider at length defamation on Twitter, with an in-depth analysis of meaning, identification and how to assess the degree of publication via that medium. Eva Glawischnig-Piesczech v Facebook [2019] – a significant recent decision of the CJEU on the liability of social media platforms for content posted by its users. Copyright: Sony Music v UPC [2018] - a Court of Appeal judgment on the duties of internet service providers to restrict the illegal downloading of copyright material by its customers. Land Nordrhein-Westfalen v Renckhoff [2018] - a recent decision of the CJEU on the nature of copyright protection attaching to photographs which are uploaded to the internet. Trade Marks: Interflora Inc v Marks and Spencer plc [2011] - a decision of the CJEU which analyses the rights of an advertiser to use the trade mark of a rival company when promoting its services on the Google Ads service. Employment: Barbulescu v Romania [2017] - a significant CJEU decision which sets out the restrictions to an employer's right to monitor the electronic communications of its employees. Privacy/ Harassment: CG v Facebook [2016], in which the Northern Ireland Court of Appeal considered the tort of harassment via social media, and the potential liability of Facebook for comments made by a user following notification of the alleged harassment. Evidence: Martin & Ors v Gabriele Giambrone P/A Giambrone & Law [2013]- one of several cases to consider the admissibility of evidence taken by a defendant from a plaintiff's social media account in order to question the latter's testimony.
Data Protection Law in Ireland by Robert Clark Pdf
This well-known and highly respected text provides a complete guide to the regulation of mergers by the EU competition authorities. This fourth edition has been extensively revised to cover in-depth the new EC Merger Regulations (in force on 1st May 2004) which have transformed the EC merger regime. It examines the obligations large firms/businesses now face, provides detailed discussion of the separate issues and sets out a series of practical suggestions for working legally under the new regime. Examines the new EC Merger Regulation in detail Explains the new test of campatabilty based on the concept of significantly impeding competition Deals with the Commission's strengthened powers to investigate and impose fines Sets out strategies for working effectively in this new environment Analyses the Horizontal Merger Guidelines and other recent Commission notices Includes the text of relevent legislation (including the Merger Regulations) Features a table of EU merger decisions Considers developments in US and Commonwealth competition regimes, putting the EU changes into global context Timely publication - new edition of an established work at a time when guidance is needed most
EU Data Protection Law by Denis Kelleher,Karen Murray Pdf
Data Protection has become one of the most important news topics of recent years, playing a role in elections and referendums, and posing a whole host of new legal questions. At its core, data protection is the statutory protection provided to protect the privacy of individuals with regard to personal data. It's places various obligations on persons who keep personal data, eg that the data must be accurate and kept for lawful purposes. EU Data Protection Law provides an analysis of the EU's proposed General Data Protection Regulation. The book analyses the rights of the data subject including rights to information, access, rectification, erasure (right to be forgotten), restriction, portability and objection. It examines in detail the role and responsibilities of controllers and processors together with governance (including the Data Protection Officer) and risk (data protection by design and default, the Data Protection Impact Assessment, data security and the notification of subjects). The role of data protection authorities, the European Data Protection Board and enforcement mechanisms such as fines and other liabilities and penalties are also explored. Other relevant Directives are discussed together with appropriate case law. This comprehensive treatment is the only one of its kind. It will also be of international appeal, as Ireland's perspective in this area carries great weight in light of Ireland's position as the European headquarters for many digital technology companies such as Facebook and Google.
Intellectual Property Law in Ireland by Robert Clark,Shane Smyth,Niamh Hall Pdf
Intellectual Property Law in Ireland, 4th edition is a detailed guide to patents, copyright and trade mark law. It covers all relevant European legislation and traces its weaving into Irish law. It details European case law together with relevant case law from commonwealth countries, as well as detailing any Irish cases on the three areas and also covers design law. It outlines the workings of the patents, copyright and trade mark offices in Ireland. It is laid out in a practical and user-friendly way, with each section separate, but cross-referenced where necessary. Since the previous edition, only six years ago, there have been a number of fundamental changes to a number of aspects of intellectual property law, which make this new edition essential. The areas that have been expanded and updated in this edition include: - The voluminous European case law on IP issues arising since 2010 - The impact of the new EU TRade Mark Regulation No 2015/2424 - Supreme Court decisions on the law of passing off (McCambridge Ltd v Joseph Brennan Bakeries) and unregistered design rights (Karen Millen Fashions v Dunnes Stores) Along with these, the book looks to future and the developments on the horizon. It tracks the ongoing domestic copyright law and Digital Single Market, as well as discussing the potential benefits of the the Trade Secrets Directive (EU) 2016/943
Employment Privacy Law in the European Union by Alberto Arufe Varela Pdf
Information and knowledge have become crucial factors in modern labour markets. In this context, labour-management relations are characterised by an increasing and considerable flow of information. These developments are influenced by new management techniques, such as human resources management, in which the individual is identified as a key element in business success. Furthermore, there is the globalisation of the economy, the increase of international corporate mergers and the unfolding of the network society, which goes hand in hand with technological innovations. These developments not only multiplied the needs for information and the flow of data in employment relations, but also improved techniques of data processing revealing sensitive data of employees. This book deals with employment privacy law, a field of knowledge that increasingly gains influence in legal theory and daily practice. It concentrates on the legal regulation of general human resources data as well as sensitve data in the employment context. The book is developed within a comparative perspective, providing an overview and analysis of the Law of each Member State of the European Union in the field of study. It is completed by a comparative summary. Information and insights in this book will be of great value for practicing lawyers, human resources managers, academics, interest groups and policy makers. The specific issue of monitoring and surveillance in the workplace is covered in another highly recommended book.
"This book by Peter Carey provides a practical guide to Irish data protection law and its application in practice. It will be a useful addition to the limited literature that is available on this subject." Billy Hawkes, Data Protection Commissioner, September 2010, in the foreword to Data Protection: A Practical Guide to Irish and EU Law by Peter Carey. This title helps you: * Obtain and process information fairly. * Use and disclose the data according to the law. * Understand your obligations in relation to accuracy, completeness and keeping the data up to date. * Ensure that the data that you hold is adequate, relevant and not excessive. * Understand the time limitations related to retaining data. * Ensure your organisation uses appropriate security measures. Clear and concise explanations * Written in non-technical language, making it easy to understand the law as it applies to your organisation. * Gives you practical advice and step-by-step procedures. * Written by a data protection expert. Contents: Introduction to the Law; Terminology; Registration; Fair, Lawful and Legitimate Processing; Compatibility, Relevance, Excessiveness,; Accuracy and Retention; Sensitive Personal data; Data Security; Data Exports; The Rights of Individuals; Exemptions; Outsourcing Personal Data Processing; Electronic Communication; Enforcement. Plus useful appendices including: Data Protection Directive (95/46/EC); E-Privacy Directive (2002/58/EC)and Electronic Communications Network and Services Regulations 2003 Peter Carey is a lawyer and leading expert in data protection law. He is a founder of PDP, Ireland's leading provider of compliance services in information law. Peter has written extensively on data protection law. He is a consultant with Charles Russell and a Visiting Fellow at the London School of Economics.
Media Law in Ireland by Eoin Carolan,Ailbhe O'Neill Pdf
From fake news to foreign affairs, the media continues to be one of the dominating forces of modern life. Now in its second edition, Media Law in Ireland provides a comprehensive overview of one of the most dynamic and rapidly changing areas of the law. The way in which people consume media has changed and developed immensely in recent years. New platforms, and new ways of creating and consuming content are revolutionising the way information is spread around the world. With each new platform comes a new set of challenges and complexities, as they break away from the traditional media model. Many of the cases developing in these areas have been high-profile, divisive, and controversial, from issues surrounding freedom of expression to the challenges of privacy in a digital age. This book will throw light on the formidable legal complexities involved in the new media in a clear and accessible manner. This new edition covers many of the developments in the area in the eight years since it was originally published. Among the developments covered are: the Digital Switchover, the adoption of the EU electronic communications reform package, and the Consumer and Competition Protection Act 2014. This book will be ideal for solicitors and barristers who practice in the area of media law, as well as postgraduate students, and media professionals.
Media Law in Ireland by Eoin Carolan,Ailbhe O'Neill Pdf
From fake news to foreign affairs, the media continues to be one of the dominating forces of modern life. Now in its second edition, Media Law in Ireland provides a comprehensive overview of one of the most dynamic and rapidly changing areas of the law. The way in which people consume media has changed and developed immensely in recent years. New platforms, and new ways of creating and consuming content are revolutionising the way information is spread around the world. With each new platform comes a new set of challenges and complexities, as they break away from the traditional media model. Many of the cases developing in these areas have been high-profile, divisive, and controversial, from issues surrounding freedom of expression to the challenges of privacy in a digital age. This book will throw light on the formidable legal complexities involved in the new media in a clear and accessible manner. This new edition covers many of the developments in the area in the eight years since it was originally published. Among the developments covered are: the Digital Switchover, the adoption of the EU electronic communications reform package, and the Consumer and Competition Protection Act 2014. This book will be ideal for solicitors and barristers who practice in the area of media law, as well as postgraduate students, and media professionals.
Surveillance and the Law by Maria Helen Murphy Pdf
Surveillance of citizens is a clear manifestation of government power. The act of surveillance is generally deemed acceptable in a democratic society where it is necessary to protect the interests of the nation and where the power is exercised non-arbitrarily and in accordance with the law. Surveillance and the Law analyses the core features of surveillance that create stark challenges for transparency and accountability by examining the relationship between language, power, and surveillance. It identifies a number of features of surveillance law, surveillance language, and the distribution of power that perpetuate the existing surveillance paradigm. Using case studies from the US, the UK, and Ireland, it assesses the techniques used to maintain the status quo of continued surveillance expansion. These jurisdictions are selected for their similarities, but also for their key constitutional distinctions, which influence how power is distributed and restrained in the different systems. Though the book maintains that the classic principles of transparency and accountability remain the best means available to limit the arbitrary exercise of government power, it evaluates how these principles could be better realised in order to restore power to the people and to maintain an appropriate balance between government intrusion and the right to privacy. By identifying the common tactics used in the expansion of surveillance around the globe, this book will appeal to students and scholars interested in privacy law, human rights, information technology law, and surveillance studies.
