Protecting Individuals Against The Negative Impact Of Big Data

Author : Manon Oostveen
Publisher : Kluwer Law International B.V.
Page : 266 pages
File Size : 54,8 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 : Normann Witzleb,Moira Paterson,Janice Richardson
Publisher : Routledge
Page : 206 pages
File Size : 51,8 Mb
Release : 2019-12-06
Category : Computers
ISBN : 9781000747393

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Big Data, Political Campaigning and the Law by Normann Witzleb,Moira Paterson,Janice Richardson Pdf

In this multidisciplinary book, experts from around the globe examine how data-driven political campaigning works, what challenges it poses for personal privacy and democracy, and how emerging practices should be regulated. The rise of big data analytics in the political process has triggered official investigations in many countries around the world, and become the subject of broad and intense debate. Political parties increasingly rely on data analytics to profile the electorate and to target specific voter groups with individualised messages based on their demographic attributes. Political micro-targeting has become a major factor in modern campaigning, because of its potential to influence opinions, to mobilise supporters and to get out votes. The book explores the legal, philosophical and political dimensions of big data analytics in the electoral process. It demonstrates that the unregulated use of big personal data for political purposes not only infringes voters’ privacy rights, but also has the potential to jeopardise the future of the democratic process, and proposes reforms to address the key regulatory and ethical questions arising from the mining, use and storage of massive amounts of voter data. Providing an interdisciplinary assessment of the use and regulation of big data in the political process, this book will appeal to scholars from law, political science, political philosophy and media studies, policy makers and anyone who cares about democracy in the age of data-driven political campaigning.

Author : Dara Hallinan,Ronald Leenes,Serge Gutwirth,Paul de Hert
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 53,8 Mb
Release : 2020-01-23
Category : Law
ISBN : 9781509932757

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Data Protection and Privacy by Dara Hallinan,Ronald Leenes,Serge Gutwirth,Paul de Hert Pdf

The subjects of this volume are more relevant than ever, especially in light of the raft of electoral scandals concerning voter profiling. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the twelfth annual International Conference on Computers, Privacy and Data Protection, CPDP, held in Brussels in January 2019. The book explores the following topics: dataset nutrition labels, lifelogging and privacy by design, data protection iconography, the substance and essence of the right to data protection, public registers and data protection, modelling and verification in data protection impact assessments, examination scripts and data protection law in Cameroon, the protection of children's digital rights in the GDPR, the concept of the scope of risk in the GDPR and the ePrivacy Regulation. This interdisciplinary book has been written at a time when the scale and impact of data processing on society – not only on individuals, but also on social systems – is becoming ever starker. It discusses open issues as well as daring and prospective approaches, and will serve as an insightful resource for readers with an interest in computers, privacy and data protection.

Author : Frank Hendrickx,Elena Gramano,David Mangan
Publisher : Kluwer Law International B.V.
Page : 334 pages
File Size : 48,6 Mb
Release : 2023-06-12
Category : Law
ISBN : 9789403541655

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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 : Marijn Sax
Publisher : Kluwer Law International B.V.
Page : 266 pages
File Size : 52,8 Mb
Release : 2021-09-28
Category : Law
ISBN : 9789403537924

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Between Empowerment and Manipulation by Marijn Sax Pdf

Popular health apps are commercial services. Despite the promise of empowerment they offer, the tensions introduced by their data-driven, dynamically adjustable digital environments engender a potential for manipulation to which their designers and operators can easily succumb. In this important book, the author develops an ethical framework to evaluate the commercial practices of for-profit health apps, proceeding to a detailed proposal of how to legally address the exploitation, for financial gain, of users’ need for health. Focusing on the intricate tracking of users over time, coupled with the possibility to personalize the environment based on knowledge gained from tracking, the book’s in-depth analysis of popular for-profit health apps engages with such particulars as the following: the strategic framing of health in health apps; the cultural tendency to presume we are unhealthy until we have proven we are healthy; the key concepts of autonomy, vulnerability, trust, and manipulation; how health apps develop ongoing profitable relationships with users; and use of misleading and aggressive commercial practices. The author argues that the European Union’s Unfair Commercial Practices Directive, when informed by ethical considerations, offers promising legal solutions to the manipulation concerns raised by popular for-profit health apps. The book will be welcomed not only for its incisive scrutiny of the health app phenomenon but also for the light it sheds on the wider problems inherent in the digital society—what digital environments know about their users, how they use that knowledge, and for which purpose. Its progress from an ethical approach to legal solutions will recommend the book to lawyers concerned with business practices, human resources professionals, policymakers, and academics interested in the intersection of ethics and law.

Author : Paul Torremans
Publisher : Kluwer Law International B.V.
Page : 1005 pages
File Size : 51,5 Mb
Release : 2020-06-08
Category : Law
ISBN : 9789403513140

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Intellectual Property Law and Human Rights by Paul Torremans Pdf

Intellectual Property Law and Human Rights Fourth Edition Edited by Paul L.C. Torremans Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today’s global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice – with nine completely new chapters – well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law. The fourth edition is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment. The contributors address such topics as the following and more: the status of copyright as a fundamental right; fair use, transformative use, and the US First Amendment; intellectual property in the jurisprudence of the European Court of Human Rights; freedom to receive and impart information under the EU Charter of Fundamental Rights; how to mitigate the risks article 17 of Directive 2019/970 poses to freedom of expression; fair dealing defences; algorithmic copyright enforcement and free speech; developing a right to privacy for corporations; expanding the role of morality and public policy in European patent law; and ethical and religious concerns over patenting biotechnological inventions. As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.

Author : Tatiana Eleni Synodinou
Publisher : Kluwer Law International B.V.
Page : 572 pages
File Size : 47,9 Mb
Release : 2019-10-24
Category : Law
ISBN : 9789403503332

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Pluralism or Universalism in International Copyright Law by Tatiana Eleni Synodinou Pdf

In a world where powerful intermediaries like Google and Facebook are de facto regulators of the communication of copyright-protected works, the democratization of access to content has both substantially expanded the availability of new markets and dramatically increased copyright infringements. Does this mean that the long-sought ideal of a “universal” copyright regulation, which would harmoniously combine effective protection of intellectual creations with public interest goals, is a lost cause? Taken together, the contributions to this insightful and thoroughly researched book suggest that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies. Emphasizing the adaptation of copyright law to the needs of the information society, this volume provides critical approaches by leading copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with such issues and topics as the following: the application of core copyright law principles worldwide; authorship, rights and exceptions in the international copyright acquis; Internet copyright enforcement; global collective management of copyright; copyright contracts; database and design rights; intermediary liability; the global reach of the U.S. Fair Use doctrine; World Intellectual Property Organization’s role and strategy in international copyright lawmaking; and bilateral trade and investment agreements involving copyright. Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States, Canada and Australia, as well as in several Asian and African countries. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective. As a comprehensive analysis of how core copyright law concepts and principles function in today’s fragmented copyright legal system, this book has no peers. Its detailed treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove of immeasurable value to lawyers, judges, policy makers, academics and researchers working in the field of copyright law.

Author : Tito Rendas
Publisher : Kluwer Law International B.V.
Page : 400 pages
File Size : 44,8 Mb
Release : 2021-02-10
Category : Law
ISBN : 9789403524009

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Exceptions in EU Copyright Law by Tito Rendas Pdf

Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.

Author : González, Gloria,Van Brakel, Rosamunde,De Hert, Paul
Publisher : Edward Elgar Publishing
Page : 480 pages
File Size : 44,8 Mb
Release : 2022-03-15
Category : Law
ISBN : 9781786438515

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Research Handbook on Privacy and Data Protection Law by González, Gloria,Van Brakel, Rosamunde,De Hert, Paul Pdf

This Research Handbook is an insightful overview of the key rules, concepts and tensions in privacy and data protection law. It highlights the increasing global significance of this area of law, illustrating the many complexities in the field through a blend of theoretical and empirical perspectives.

Author : Sherali Zeadally,Mohamad Badra
Publisher : Springer
Page : 419 pages
File Size : 42,5 Mb
Release : 2015-10-13
Category : Computers
ISBN : 9783319084701

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Privacy in a Digital, Networked World by Sherali Zeadally,Mohamad Badra Pdf

This comprehensive textbook/reference presents a focused review of the state of the art in privacy research, encompassing a range of diverse topics. The first book of its kind designed specifically to cater to courses on privacy, this authoritative volume provides technical, legal, and ethical perspectives on privacy issues from a global selection of renowned experts. Features: examines privacy issues relating to databases, P2P networks, big data technologies, social networks, and digital information networks; describes the challenges of addressing privacy concerns in various areas; reviews topics of privacy in electronic health systems, smart grid technology, vehicular ad-hoc networks, mobile devices, location-based systems, and crowdsourcing platforms; investigates approaches for protecting privacy in cloud applications; discusses the regulation of personal information disclosure and the privacy of individuals; presents the tools and the evidence to better understand consumers’ privacy behaviors.

Author : Kaur, Gurjit,Tomar, Pradeep
Publisher : IGI Global
Page : 568 pages
File Size : 48,8 Mb
Release : 2019-03-29
Category : Computers
ISBN : 9781522574330

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Handbook of Research on Big Data and the IoT by Kaur, Gurjit,Tomar, Pradeep Pdf

The increase in connected devices in the internet of things (IoT) is leading to an exponential increase in the data that an organization is required to manage. To successfully utilize IoT in businesses, big data analytics are necessary in order to efficiently sort through the increased data. The combination of big data and IoT can thus enable new monitoring services and powerful processing of sensory data streams. The Handbook of Research on Big Data and the IoT is a pivotal reference source that provides vital research on emerging trends and recent innovative applications of big data and IoT, challenges facing organizations and the implications of these technologies on society, and best practices for their implementation. While highlighting topics such as bootstrapping, data fusion, and graph mining, this publication is ideally designed for IT specialists, managers, policymakers, analysts, software engineers, academicians, and researchers.

Author : Mira Burri
Publisher : Cambridge University Press
Page : 407 pages
File Size : 44,7 Mb
Release : 2021-07-29
Category : Business & Economics
ISBN : 9781108843591

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Big Data and Global Trade Law by Mira Burri Pdf

An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.

Author : Management Association, Information Resources
Publisher : IGI Global
Page : 2188 pages
File Size : 42,8 Mb
Release : 2021-04-23
Category : Computers
ISBN : 9781799889557

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Research Anthology on Privatizing and Securing Data by Management Association, Information Resources Pdf

With the immense amount of data that is now available online, security concerns have been an issue from the start, and have grown as new technologies are increasingly integrated in data collection, storage, and transmission. Online cyber threats, cyber terrorism, hacking, and other cybercrimes have begun to take advantage of this information that can be easily accessed if not properly handled. New privacy and security measures have been developed to address this cause for concern and have become an essential area of research within the past few years and into the foreseeable future. The ways in which data is secured and privatized should be discussed in terms of the technologies being used, the methods and models for security that have been developed, and the ways in which risks can be detected, analyzed, and mitigated. The Research Anthology on Privatizing and Securing Data reveals the latest tools and technologies for privatizing and securing data across different technologies and industries. It takes a deeper dive into both risk detection and mitigation, including an analysis of cybercrimes and cyber threats, along with a sharper focus on the technologies and methods being actively implemented and utilized to secure data online. Highlighted topics include information governance and privacy, cybersecurity, data protection, challenges in big data, security threats, and more. This book is essential for data analysts, cybersecurity professionals, data scientists, security analysts, IT specialists, practitioners, researchers, academicians, and students interested in the latest trends and technologies for privatizing and securing data.

Author : Mor Bakhoum,Beatriz Conde Gallego,Mark-Oliver Mackenrodt,Gintarė Surblytė-Namavičienė
Publisher : Springer
Page : 577 pages
File Size : 47,7 Mb
Release : 2018-11-02
Category : Law
ISBN : 9783662576465

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Personal Data in Competition, Consumer Protection and Intellectual Property Law by Mor Bakhoum,Beatriz Conde Gallego,Mark-Oliver Mackenrodt,Gintarė Surblytė-Namavičienė Pdf

This book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies’ collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data.

Author : Tsun Se Cheong,Xunpeng (Roc) Shi,Yanfei Li,Yongping Sun
Publisher : Frontiers Media SA
Page : 485 pages
File Size : 55,5 Mb
Release : 2022-07-25
Category : Technology & Engineering
ISBN : 9782889765966

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Application of Big Data, Deep Learning, Machine Learning, and Other Advanced Analytical Techniques in Environmental Economics and Policy by Tsun Se Cheong,Xunpeng (Roc) Shi,Yanfei Li,Yongping Sun Pdf