Reinventing Data Protection

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Reinventing Data Protection?

Serge Gutwirth,Yves Poullet,Paul de Hert,Cécile de Terwangne,Sjaak Nouwt
Reinventing Data Protection Book PDF

Author : Serge Gutwirth,Yves Poullet,Paul de Hert,Cécile de Terwangne,Sjaak Nouwt
Publisher : Springer Science & Business Media
Page : 342 pages
File Size : 40,5 Mb
Release : 2009-05-24
Category : Law
ISBN : 9781402094989

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Reinventing Data Protection? by Serge Gutwirth,Yves Poullet,Paul de Hert,Cécile de Terwangne,Sjaak Nouwt Pdf

data. Furthermore, the European Union established clear basic principles for the collection, storage and use of personal data by governments, businesses and other organizations or individuals in Directive 95/46/EC and Directive 2002/58/EC on Privacy and Electronic communications. Nonetheless, the twenty-?rst century citizen – utilizing the full potential of what ICT-technology has to offer – seems to develop a digital persona that becomes increasingly part of his individual social identity. From this perspective, control over personal information is control over an aspect of the identity one projects in the world. The right to privacy is the freedom from unreasonable constraints on one’s own identity. Transactiondata–bothtraf?candlocationdata–deserveourparticularattention. As we make phone calls, send e-mails or SMS messages, data trails are generated within public networks that we use for these communications. While traf?c data are necessary for the provision of communication services, they are also very sensitive data. They can give a complete picture of a person’s contacts, habits, interests, act- ities and whereabouts. Location data, especially if very precise, can be used for the provision of services such as route guidance, location of stolen or missing property, tourist information, etc. In case of emergency, they can be helpful in dispatching assistance and rescue teams to the location of a person in distress. However, p- cessing location data in mobile communication networks also creates the possibility of permanent surveillance.

Data Protection and Privacy

Dara Hallinan,Ronald Leenes,Paul de Hert
Data Protection and Privacy Book PDF

Author : Dara Hallinan,Ronald Leenes,Paul de Hert
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 41,8 Mb
Release : 2021-01-28
Category : Law
ISBN : 9781509941766

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

This book brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy, data protection and Artificial Intelligence. It is one of the results of the thirteenth annual International Conference on Computers, Privacy and Data Protection (CPDP) held in Brussels in January 2020. The development and deployment of Artificial Intelligence promises significant break-throughs in how humans use data and information to understand and interact with the world. The technology, however, also raises significant concerns. In particular, concerns are raised as to how Artificial Intelligence will impact fundamental rights. This interdisciplinary book has been written at a time when the scale and impact of data processing on society – on individuals as well as on social systems – is becoming ever starker. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection.

Consent in European Data Protection Law

Eleni Kosta
Consent in European Data Protection Law Book PDF

Author : Eleni Kosta
Publisher : Martinus Nijhoff Publishers
Page : 461 pages
File Size : 55,5 Mb
Release : 2013-03-21
Category : Law
ISBN : 9789004232365

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Consent in European Data Protection Law by Eleni Kosta Pdf

Today, consent is a fundamental concept in the European legal framework on data protection. The analysis of the historical and theoretical context carried out in this book reveals that consent was not an intrinsic notion in the birth of data protection. The concept of consent was included in data protection legislation in order to enhance the role of the data subject in the data protection arena, and to allow the data subject to have more control over the collection and processing of his/her personal information. This book examines the concept of consent and its requirements in the Data Protection Directive, taking into account contemporary considerations on bioethics and medical ethics, as well as recent developments in the framework of the review of the Directive. It further studies issues of consent in electronic communications, carrying out an analysis of the consent-related provisions of the ePrivacy Directive.

Reforming European Data Protection Law

Serge Gutwirth,Ronald Leenes,Paul de Hert
Reforming European Data Protection Law Book PDF

Author : Serge Gutwirth,Ronald Leenes,Paul de Hert
Publisher : Springer
Page : 406 pages
File Size : 45,9 Mb
Release : 2014-11-17
Category : Law
ISBN : 9789401793858

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Reforming European Data Protection Law by Serge Gutwirth,Ronald Leenes,Paul de Hert Pdf

This book on privacy and data protection offers readers conceptual analysis as well as thoughtful discussion of issues, practices, and solutions. It features results of the seventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2014, held in Brussels January 2014. The book first examines profiling, a persistent core issue of data protection and privacy. It covers the emergence of profiling technologies, on-line behavioral tracking, and the impact of profiling on fundamental rights and values. Next, the book looks at preventing privacy risks and harms through impact assessments. It contains discussions on the tools and methodologies for impact assessments as well as case studies. The book then goes on to cover the purported trade-off between privacy and security, ways to support privacy and data protection, and the controversial right to be forgotten, which offers individuals a means to oppose the often persistent digital memory of the web. Written during the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission, this interdisciplinary book presents both daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.

Data Protection and Privacy

Dara Hallinan,Ronald Leenes,Serge Gutwirth,Paul de Hert
Data Protection and Privacy Book PDF

Author : Dara Hallinan,Ronald Leenes,Serge Gutwirth,Paul de Hert
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 54,9 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.

Research Handbook on EU Data Protection Law

Kosta, Eleni,Leenes, Ronald,Kamara, Irene
Research Handbook on EU Data Protection Law Book PDF

Author : Kosta, Eleni,Leenes, Ronald,Kamara, Irene
Publisher : Edward Elgar Publishing
Page : 672 pages
File Size : 43,9 Mb
Release : 2022-04-19
Category : Law
ISBN : 9781800371682

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Research Handbook on EU Data Protection Law by Kosta, Eleni,Leenes, Ronald,Kamara, Irene Pdf

Bringing together leading European scholars, this thought-provoking Research Handbook provides a state-of-the-art overview of the scope of research and current thinking in the area of European data protection. Offering critical insights on prominent strands of research, it examines key challenges and potential solutions in the field. Chapters explore the fundamental right to personal data protection, government-to-business data sharing, data protection as performance-based regulation, privacy and marketing in data-driven business models, data protection and judicial automation, and the role of consent in an algorithmic society.

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 : 44,7 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.

Privacy and Data Protection Issues of Biometric Applications

Els J. Kindt
Privacy and Data Protection Issues of Biometric Applications Book PDF

Author : Els J. Kindt
Publisher : Springer Science & Business Media
Page : 975 pages
File Size : 45,7 Mb
Release : 2013-12-05
Category : Law
ISBN : 9789400775220

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Privacy and Data Protection Issues of Biometric Applications by Els J. Kindt Pdf

This book discusses all critical privacy and data protection aspects of biometric systems from a legal perspective. It contains a systematic and complete analysis of the many issues raised by these systems based on examples worldwide and provides several recommendations for a transnational regulatory framework. An appropriate legal framework is in most countries not yet in place. Biometric systems use facial images, fingerprints, iris and/or voice in an automated way to identify or to verify (identity) claims of persons. The treatise which has an interdisciplinary approach starts with explaining the functioning of biometric systems in general terms for non-specialists. It continues with a description of the legal nature of biometric data and makes a comparison with DNA and biological material and the regulation thereof. After describing the risks, the work further reviews the opinions of data protection authorities in relation to biometric systems and current and future (EU) law. A detailed legal comparative analysis is made of the situation in Belgium, France and the Netherlands. The author concludes with an evaluation of the proportionality principle and the application of data protection law to biometric data processing operations, mainly in the private sector. Pleading for more safeguards in legislation, the author makes several suggestions for a regulatory framework aiming at reducing the risks of biometric systems. They include limitations to the collection and storage of biometric data as well as technical measures, which could influence the proportionality of the processing. The text is supported by several figures and tables providing a summary of particular points of the discussion. The book also uses the 2012 biometric vocabulary adopted by ISO and contains an extensive bibliography and literature sources.

The Fundamental Right to Data Protection

Maria Tzanou
The Fundamental Right to Data Protection Book PDF

Author : Maria Tzanou
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 44,6 Mb
Release : 2017-06-01
Category : Law
ISBN : 9781509901685

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The Fundamental Right to Data Protection by Maria Tzanou Pdf

Since the entry into force of the Lisbon Treaty, data protection has been elevated to the status of a fundamental right in the European Union and is now enshrined in the EU Charter of Fundamental Rights alongside the right to privacy. This timely book investigates the normative significance of data protection as a fundamental right in the EU. The first part of the book examines the scope, the content and the capabilities of data protection as a fundamental right to resolve problems and to provide for an effective protection. It discusses the current approaches to this right in the legal scholarship and the case-law and identifies the limitations that prevent it from having an added value of its own. It suggests a theory of data protection that reconstructs the understanding of this right and could guide courts and legislators on data protection issues. The second part of the book goes on to empirically test the reconstructed right to data protection in four case-studies of counter-terrorism surveillance: communications metadata, travel data, financial data and Internet data surveillance. The book will be of interest to academics, students, policy-makers and practitioners in EU law, privacy, data protection, counter-terrorism and human rights law.

Regulating Industrial Internet Through IPR, Data Protection and Competition Law

Rosa Maria Ballardini,Petri Kuoppamäki,Olli Pitkänen
Regulating Industrial Internet Through IPR Data Protection and Competition Law Book PDF

Author : Rosa Maria Ballardini,Petri Kuoppamäki,Olli Pitkänen
Publisher : Kluwer Law International B.V.
Page : 511 pages
File Size : 50,8 Mb
Release : 2019-08-28
Category : Law
ISBN : 9789403503417

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Regulating Industrial Internet Through IPR, Data Protection and Competition Law by Rosa Maria Ballardini,Petri Kuoppamäki,Olli Pitkänen Pdf

The digitization of industrial processes has suddenly taken a great leap forward, with burgeoning applications in manufacturing, transportation and numerous other areas. Many stakeholders, however, are uncertain about the opportunities and risks associated with it and what it really means for businesses and national economies. Clarity of legal rules is now a pressing necessity. This book, the first to deal with legal questions related to Industrial Internet, follows a multidisciplinary approach that is instructed by law concerning intellectual property, data protection, competition, contracts and licensing, focusing on business, technology and policy-driven issues. Experts in various relevant fields of science and industry measure the legal tensions created by Industrial Internet in our global economy and propose solutions that are both theoretically valuable and concretely practical, identifying workable business models and practices based on both technical and legal knowledge. Perspectives include the following: regulating Industrial Internet via intellectual property rights (IPR); data ownership versus control over data; artificial intelligence and IPR infringement; patent owning in Industrial Internet; abuse of dominance in Industrial Internet platforms; data collaboration, pooling and hoarding; legal implications of granular versioning technologies; and misuse of information for anticompetitive purposes. The book represents a record of a major collaborative project, held between 2016 and 2019 in Finland, involving a number of universities, technology firms and law firms. As Industrial Internet technologies are already being used in several businesses, it is of paramount importance for the global economy that legal, business and policy-related challenges are promptly analyzed and discussed. This crucially important book not only reveals the legal and policy-related issues that we soon will have to deal with but also facilitates the creation of legislation and policies that promote Industrial-Internet-related technologies and new business opportunities. It will be warmly welcomed by practitioners, patent and other IPR attorneys, innovation economists and companies operating in the Industrial Internet ecosystem, as well as by competition authorities and other policymakers.

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 : 43,6 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.

European Data Protection: In Good Health?

Serge Gutwirth,Ronald Leenes,Paul de Hert,Yves Poullet
European Data Protection In Good Health Book PDF

Author : Serge Gutwirth,Ronald Leenes,Paul de Hert,Yves Poullet
Publisher : Springer Science & Business Media
Page : 368 pages
File Size : 47,7 Mb
Release : 2012-02-23
Category : Law
ISBN : 9789400729025

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European Data Protection: In Good Health? by Serge Gutwirth,Ronald Leenes,Paul de Hert,Yves Poullet Pdf

Although Europe has a significant legal data protection framework, built up around EU Directive 95/46/EC and the Charter of Fundamental Rights, the question of whether data protection and its legal framework are ‘in good health’ is increasingly being posed. Advanced technologies raise fundamental issues regarding key concepts of data protection. Falling storage prices, increasing chips performance, the fact that technology is becoming increasingly embedded and ubiquitous, the convergence of technologies and other technological developments are broadening the scope and possibilities of applications rapidly. Society however, is also changing, affecting the privacy and data protection landscape. The ‘demand’ for free services, security, convenience, governance, etc, changes the mindsets of all the stakeholders involved. Privacy is being proclaimed dead or at least worthy of dying by the captains of industry; governments and policy makers are having to manoeuvre between competing and incompatible aims; and citizens and customers are considered to be indifferent. In the year in which the plans for the revision of the Data Protection Directive will be revealed, the current volume brings together a number of chapters highlighting issues, describing and discussing practices, and offering conceptual analysis of core concepts within the domain of privacy and data protection. The book’s first part focuses on surveillance, profiling and prediction; the second on regulation, enforcement, and security; and the third on some of the fundamental concepts in the area of privacy and data protection. Reading the various chapters it appears that the ‘patient’ needs to be cured of quite some weak spots, illnesses and malformations. European data protection is at a turning point and the new challenges are not only accentuating the existing flaws and the anticipated difficulties, but also, more positively, the merits and the need for strong and accurate data protection practices and rules in Europe, and elsewhere.

GDPR: Personal Data Protection in the European Union

Mariusz Krzysztofek
GDPR Personal Data Protection in the European Union Book PDF

Author : Mariusz Krzysztofek
Publisher : Kluwer Law International B.V.
Page : 330 pages
File Size : 42,9 Mb
Release : 2021-04-07
Category : Law
ISBN : 9789403532714

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GDPR: Personal Data Protection in the European Union by Mariusz Krzysztofek Pdf

GDPR: Personal Data Protection in the European Union Mariusz Krzysztofek Personal data protection has become one of the central issues in any understanding of the current world system. In this connection, the European Union (EU) has created the most sophisticated regime currently in force with the General Data Protection Regulation (GDPR) (EU) 2016/679. Following the GDPR’s recent reform – the most extensive since the first EU laws in this area were adopted and implemented into the legal orders of the Member States – this book offers a comprehensive discussion of all principles of personal data processing, obligations of data controllers, and rights of data subjects, providing a thorough, up-to-date account of the legal and practical aspects of personal data protection in the EU. Coverage includes the recent Court of Justice of the European Union (CJEU) judgment on data transfers and new or updated data protection authorities’ guidelines in the EU Member States. Among the broad spectrum of aspects of the subject covered are the following: – right to privacy judgments of the CJEU and the European Court of Human Rights; – scope of the GDPR and its key definitions, key principles of personal data processing; – legal bases for the processing of personal data; – direct and digital marketing, cookies, and online behavioural advertising; – processing of personal data of employees; – sensitive data and criminal records; – information obligation & privacy notices; – data subjects rights; – data controller, joint controllers, and processors; – data protection by design and by default, data security measures, risk-based approach, records of personal data processing activities, notification of a personal data breach to the supervisory authority and communication to the data subject, data protection impact assessment, codes of conduct and certification; – Data Protection Officer; – transfers of personal data to non-EU/EEA countries; and – privacy in the Internet and surveillance age. Because the global scale and evolution of information technologies have changed the data processing environment and brought new challenges, and because many non-EU jurisdictions have adopted equivalent regimes or largely analogous regulations, the book will be of great usefulness worldwide. Multinational corporations and their customers and contractors will benefit enormously from consulting and using this book, especially in conducting case law, guidelines and best practices formulated by European data protection authorities. For lawyers and academics researching or advising clients on this area, this book provides an indispensable source of practical guidance and information for many years to come.

Market Integration Through Data Protection

Mario Viola de Azevedo Cunha
Market Integration Through Data Protection Book PDF

Author : Mario Viola de Azevedo Cunha
Publisher : Springer Science & Business Media
Page : 236 pages
File Size : 53,7 Mb
Release : 2013-02-26
Category : Law
ISBN : 9789400760851

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Market Integration Through Data Protection by Mario Viola de Azevedo Cunha Pdf

In the context of the continuous advance of information technologies and biomedicine, and of the creation of economic blocs, this work analyzes the role that data protection plays in the integration of markets. It puts special emphasis on financial and insurance services. Further, it identifies the differences in the data protection systems of EU member states and examines the development of common standards and principles of data protection that could help build a data protection model for Mercosur. Divided into four parts, the book starts out with a discussion of the evolution of the right to privacy, focusing on the last few decades, and taking into account the development of new technologies. The second part discusses the interaction between data protection and specific industries that serve as case studies: insurance, banking and credit reporting. The focus of this part is on generalization and discrimination, adverse selection and the processing of sensitive and genetic data. The third part of the book presents an analysis of the legislation of three EU Member States (France, Italy and UK). Specific elements of analysis that are compared are the concepts of personal and anonymous data, data protection principles, the role of the data protection authorities, the role of the data protection officer, data subjects’ rights, the processing of sensitive data, the processing of genetic data and the experience of the case studies in processing data. The book concludes with the proposal of a model for data protection that could be adopted by Mercosur, taking into account the different levels of data protection that exist in its member states.

The Foundations of EU Data Protection Law

Orla Lynskey
The Foundations of EU Data Protection Law Book PDF

Author : Orla Lynskey
Publisher : Oxford University Press
Page : 337 pages
File Size : 52,6 Mb
Release : 2015
Category : Law
ISBN : 9780198718239

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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 recognized, 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 realize it.