The Right To Be Forgotten

Author : Ignacio N Cofone
Publisher : Routledge
Page : 112 pages
File Size : 47,8 Mb
Release : 2020-02-07
Category : Law
ISBN : 9781000049367

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The Right to be Forgotten by Ignacio N Cofone Pdf

Exploring the evolution of the right to be forgotten, its challenges, and its impact on privacy, reputation, and online expression, this book lays out the current state of the law on the right to be forgotten in Canada and in the international context while addressing the broader theoretical tensions at its core. The essays contemplate questions such as: How does the right to be forgotten fit into existing legal frameworks? How can Canadian courts and policy-makers reconcile rights to privacy and rights to access publicly available information? Should search engines be regulated purely as commercial actors? What is the right’s impact on free speech and freedom of the press? Together, these essays address the questions that legal actors and policy-makers must consider as they move forward in shaping this new right through legislation, regulations, and jurisprudence. They address both the difficulties in introducing the right and the long-term effects it could have on the protection of online (and offline) reputation and speech. As the question of implementing the right to be forgotten in Canada has been put forward by the Privacy Commissioner and considered by courts, Canada is in need of academic literature on the matter; a need that, with this book, we intend to fulfill. The questions put forward in this book will thus advance the legal debate in Canada and provide a rich case study for the international legal community.

Author : Franz Werro
Publisher : Springer Nature
Page : 317 pages
File Size : 42,9 Mb
Release : 2020-03-06
Category : Law
ISBN : 9783030335120

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The Right To Be Forgotten by Franz Werro Pdf

This book examines the right to be forgotten and finds that this right enjoys recognition mostly in jurisdictions where privacy interests impose limits on freedom of expression. According to its traditional understanding, this right gives individuals the possibility to preclude the media from revealing personal facts that are no longer newsworthy, at least where no other interest prevails. Cases sanctioning this understanding still abound in a number of countries. In today’s world, however, the right to be forgotten has evolved, and it appears in a more multi-faceted way. It can involve for instance also the right to access, control and even erase personal data. Of course, these prerogatives depend on various factors and competing interests, of both private and public nature, which again require careful balancing. Due to ongoing technological evolution, it is likely that the right to be forgotten in some of its new manifestations will become increasingly relevant in our societies.

Author : Meg Leta Jones
Publisher : NYU Press
Page : 283 pages
File Size : 54,8 Mb
Release : 2018-05
Category : Law
ISBN : 9781479876747

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Ctrl + Z by Meg Leta Jones Pdf

Jones offers insight into the digital debate over data ownership, permanence and policy by breaking down the argument over the controversial right to be forgotten--which would create a legal duty to delete, hide, or anonymize information at the request of another user. She provides guidance for a way forward. arguing that the existing perspectives are too limited, offering easy forgetting or none at all. By looking at new theories of privacy and organizing the many potential applications of the right, law and technology, Jones offers a set of nuanced choices. To help us choose, she provides a digital information life cycle, reflects on particular legal cultures, and analyzes international interoperability. In the end, the author claims that the right to be forgotten can be innovative, liberating, and globally viable. --Adapted from publisher description.

Author : Giancarlo Frosio
Publisher : Oxford University Press
Page : 801 pages
File Size : 44,6 Mb
Release : 2020-05-04
Category : Law
ISBN : 9780192573988

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Oxford Handbook of Online Intermediary Liability by Giancarlo Frosio Pdf

To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.

Author : Normann Witzleb,David Lindsay,Moira Paterson,Sharon Rodrick
Publisher : Cambridge University Press
Page : 469 pages
File Size : 48,7 Mb
Release : 2014-04-17
Category : Business & Economics
ISBN : 9781107041677

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Emerging Challenges in Privacy Law by Normann Witzleb,David Lindsay,Moira Paterson,Sharon Rodrick Pdf

Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.

Author : Tzanou, Maria
Publisher : IGI Global
Page : 375 pages
File Size : 55,5 Mb
Release : 2020-06-12
Category : Computers
ISBN : 9781522594918

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Personal Data Protection and Legal Developments in the European Union by Tzanou, Maria Pdf

In the age of technological advancement, including the emergence of artificial intelligence, big data, and the internet of things, the need for privacy and protection has risen massively. This phenomenon has led to the enforcement of two major legal directives in the European Union (EU) that aim to provide vigorous protection of personal data. There is a need for research on the repercussions and developments that have materialized with these recent regulations and how the rest of the world has been affected. Personal Data Protection and Legal Developments in the European Union is an essential reference source that critically discusses different aspects of the GDPR and the Law Enforcement Directive as well as recent jurisprudential developments concerning data privacy in the EU and its member states. It also addresses relevant recent case law of the Court of Justice of the EU, the European Court of Human Rights, and national courts. Featuring research on topics such as public transparency, medical research data, and automated decision making, this book is ideally designed for law practitioners, data scientists, policymakers, IT professionals, politicians, researchers, analysts, academicians, and students working in the areas of privacy, data protection, big data, information technology, and human rights law.

Author : Andreas von Arnauld,Kerstin von der Decken,Mart Susi
Publisher : Cambridge University Press
Page : 939 pages
File Size : 55,6 Mb
Release : 2020-01-02
Category : Political Science
ISBN : 9781108751179

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The Cambridge Handbook of New Human Rights by Andreas von Arnauld,Kerstin von der Decken,Mart Susi Pdf

The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.

Author : A. Ghezzi,Â. Pereira,Lucia Vesnic-Alujevic
Publisher : Springer
Page : 143 pages
File Size : 45,7 Mb
Release : 2014-11-16
Category : Social Science
ISBN : 9781137428455

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The Ethics of Memory in a Digital Age by A. Ghezzi,Â. Pereira,Lucia Vesnic-Alujevic Pdf

This edited volume documents the current reflections on the 'Right to be Forgotten' and the interplay between the value of memory and citizen rights about memory. It provides a comprehensive analysis of problems associated with persistence of memory, the definition of identities (legal and social) and the issues arising for data management.

Author : George Brock
Publisher : Bloomsbury Publishing
Page : 160 pages
File Size : 53,9 Mb
Release : 2016-09-30
Category : Social Science
ISBN : 9781786731128

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The Right to be Forgotten by George Brock Pdf

The human race now creates, distributes and stores more information than at any other time in history. Frictionless and cheap digital networks circulate information in ways which either authors or subjects are unable to trace or control. Servers store data which can be found on the world wide web years after it has ceased to be accurate or relevant to its original use. These developments have given rise to a movement promoting a 'right to be forgotten': an argument that freedom of expression should be balanced by a right to erase information which affects an individual, under certain conditions. Rights to privacy therefore need extending and strengthening in the digital era. This strand of thinking influenced a significant judgement delivered by the European Court of Justice in May 2014. As a result, the dominant internet search engine in Europe, Google, has been required to remove links to hundreds of thousands of pieces of information on application from individuals who considered their interests harmed. We know very little of how these delinking choices are made.This book looks at the implications of this controversial decision for free expression, journalism and information in the digital public sphere. Two rights-free speech and privacy-collide in a new way in age of information saturation. Is the judgement a threat to freedom of information and the accuracy of the historical record or the first step in establishing essential new rights in the digital era.

Author : Evan Selinger,Jules Polonetsky,Omer Tene
Publisher : Cambridge University Press
Page : 616 pages
File Size : 50,6 Mb
Release : 2018-04-02
Category : Law
ISBN : 9781316859278

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The Cambridge Handbook of Consumer Privacy by Evan Selinger,Jules Polonetsky,Omer Tene Pdf

Businesses are rushing to collect personal data to fuel surging demand. Data enthusiasts claim personal information that's obtained from the commercial internet, including mobile platforms, social networks, cloud computing, and connected devices, will unlock path-breaking innovation, including advanced data security. By contrast, regulators and activists contend that corporate data practices too often disempower consumers by creating privacy harms and related problems. As the Internet of Things matures and facial recognition, predictive analytics, big data, and wearable tracking grow in power, scale, and scope, a controversial ecosystem will exacerbate the acrimony over commercial data capture and analysis. The only productive way forward is to get a grip on the key problems right now and change the conversation. That's exactly what Jules Polonetsky, Omer Tene, and Evan Selinger do. They bring together diverse views from leading academics, business leaders, and policymakers to discuss the opportunities and challenges of the new data economy.

Author : Federico Fabbrini,Edoardo Celeste,John Quinn
Publisher : Bloomsbury Publishing
Page : 260 pages
File Size : 43,8 Mb
Release : 2021-02-11
Category : Law
ISBN : 9781509940684

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Data Protection Beyond Borders by Federico Fabbrini,Edoardo Celeste,John Quinn Pdf

This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.

Author : Luciano Floridi
Publisher : Springer
Page : 144 pages
File Size : 54,6 Mb
Release : 2014-05-19
Category : Law
ISBN : 9783319057200

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Protection of Information and the Right to Privacy - A New Equilibrium? by Luciano Floridi Pdf

This book presents the latest research on the challenges and solutions affecting the equilibrium between freedom of speech, freedom of information, information security and the right to informational privacy. Given the complexity of the topics addressed, the book shows how old legal and ethical frameworks may need to be not only updated, but also supplemented and complemented by new conceptual solutions. Neither a conservative attitude (“more of the same”) nor a revolutionary zeal (“never seen before”) is likely to lead to satisfactory solutions. Instead, more reflection and better conceptual design are needed, not least to harmonise different perspectives and legal frameworks internationally. The focus of the book is on how we may reconcile high levels of information security with robust degrees of informational privacy, also in connection with recent challenges presented by phenomena such as “big data” and security scandals, as well as new legislation initiatives, such as those concerning “the right to be forgotten” and the use of personal data in biomedical research. The book seeks to offer analyses and solutions of the new tensions, in order to build a fair, shareable and sustainable balance in this vital area of human interactions.

Author : Daniel J. Solove
Publisher : Harvard University Press
Page : 234 pages
File Size : 54,8 Mb
Release : 2010-03-30
Category : Law
ISBN : 9780674972032

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Understanding Privacy by Daniel J. Solove Pdf

Privacy is one of the most important concepts of our time, yet it is also one of the most elusive. As rapidly changing technology makes information increasingly available, scholars, activists, and policymakers have struggled to define privacy, with many conceding that the task is virtually impossible. In this concise and lucid book, Daniel J. Solove offers a comprehensive overview of the difficulties involved in discussions of privacy and ultimately provides a provocative resolution. He argues that no single definition can be workable, but rather that there are multiple forms of privacy, related to one another by family resemblances. His theory bridges cultural differences and addresses historical changes in views on privacy. Drawing on a broad array of interdisciplinary sources, Solove sets forth a framework for understanding privacy that provides clear, practical guidance for engaging with relevant issues. Understanding Privacy will be an essential introduction to long-standing debates and an invaluable resource for crafting laws and policies about surveillance, data mining, identity theft, state involvement in reproductive and marital decisions, and other pressing contemporary matters concerning privacy.

Author : Artemi Rallo
Publisher : Electronic Privacy Information Center (Epic)
Page : 248 pages
File Size : 54,7 Mb
Release : 2018-03-06
Category : Electronic
ISBN : 0692078479

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The Right to Be Forgotten on the Internet by Artemi Rallo Pdf

In Google v. Spain, the Court of Justice of the European Union extended the fundamental right for privacy protection, concluding that search companies, in some circumstances, could be required to remove links to private facts. The decision provoked widespread discussion but one of the key voices was often not present. "The Right to be Forgotten on the Internet: Google v. Spain," authored by the former Spanish Data Protection Commissioner and now available in English for the first time, charts the history of the case and describes the key arguments underlying this landmark decision. Artemi Rallo details the earlier disputes before the Spanish Data Protection Agency, the Google v. Spain decision itself, European scholarship and related legislation, as well as significant precedents from European, American, and international courts. Rallo, who is also a Constitutional law professor, provides a thoughtful, detailed account of one of the most significant privacy cases of the modern age.

Author : Sandra Coliver
Publisher : Article 19
Page : 440 pages
File Size : 52,7 Mb
Release : 1992
Category : Censorship
ISBN : UOM:39015029281808

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Striking a Balance by Sandra Coliver Pdf