Transatlantic Jurisdictional Conflicts In Data Protection Law

Author : Mistale Taylor
Publisher : Cambridge University Press
Page : 309 pages
File Size : 44,8 Mb
Release : 2023-04-13
Category : Law
ISBN : 9781108805988

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Transatlantic Jurisdictional Conflicts in Data Protection Law by Mistale Taylor Pdf

This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction. Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the EU's General Data Protection Regulation started applying in 2018, its data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.

Author : Rolf H. Weber,Dominic Staiger
Publisher : Springer
Page : 162 pages
File Size : 48,8 Mb
Release : 2017-10-10
Category : Law
ISBN : 9783662554302

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

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

Author : Yuko Suda
Publisher : Routledge
Page : 142 pages
File Size : 41,9 Mb
Release : 2017-11-22
Category : Political Science
ISBN : 9781315524832

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The Politics of Data Transfer by Yuko Suda Pdf

In this book, Yuko Suda examines the Safe Harbor debate, the passenger name record (PNR) dispute, and the Society for Worldwide Interbank Financial Transactions (SWIFT) affair to understand the transfer of personal data from the European Union (EU) to the United States. She argues that the Safe Harbor, PNR, and SWIFT agreements were made to mitigate the potentially negative effects that may arise from the beyond-the-border reach of EU data protection rules or US counterterrorism regulation. A close examination of these high-profile cases would reveal how beyond-the-border reach of one jurisdiction’s regulation might affect another jurisdiction’s policy and what responses the affected jurisdiction possibly makes to manage the effects of such extraterritorial regulation. The Politics of Data Transfer adds another dimension to the study of transatlantic data conflicts by assuming that the cases exemplify not only the politics of data privacy but also the politics of extraterritorial regulation. A welcome and timely collection uncovering the evolution of and prospects for the politics of data privacy in the digitalized and interconnected world.

Author : Gert Vermeulen,Eva Lievens
Publisher : Maklu
Page : 343 pages
File Size : 44,5 Mb
Release : 2017-12-04
Category : Data protection
ISBN : 9789046609101

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

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

Author : Mistale Taylor
Publisher : Cambridge University Press
Page : 309 pages
File Size : 40,8 Mb
Release : 2023-03-31
Category : Computers
ISBN : 9781108489560

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Transatlantic Jurisdictional Conflicts in Data Protection Law by Mistale Taylor Pdf

Examines extraterritoriality and transatlantic jurisdictional conflicts in data protection law, focusing on fundamental rights.

Author : Monika Kuschewsky
Publisher : Sweet & Maxwell
Page : 686 pages
File Size : 51,8 Mb
Release : 2012
Category : Law
ISBN : 9781908239143

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Data Protection & Privacy by Monika Kuschewsky Pdf

Author : Elif Kiesow Cortez
Publisher : Springer Nature
Page : 279 pages
File Size : 51,5 Mb
Release : 2020-11-20
Category : Law
ISBN : 9789462654075

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Data Protection Around the World by Elif Kiesow Cortez Pdf

This book provides a snapshot of privacy laws and practices from a varied set of jurisdictions in order to offer guidance on national and international contemporary issues regarding the processing of personal data and serves as an up-to-date resource on the applications and practice-relevant examples of data protection laws in different countries. Privacy violations emerging at an ever-increasing rate, due to evolving technology and new lifestyles linked to an intensified online presence of ever more individuals, required the design of a novel data protection and privacy regulation. The EU General Data Protection Regulation (GDPR) stands as an example of a regulatory response to these demands. The authors included in this book offer an in-depth analysis of the national data protection legislation of various countries across different continents, not only including country-specific details but also comparing the idiosyncratic characteristics of these national privacy laws to the GDPR. Valuable comparative information on data protection regulations around the world is thus provided in one concise volume. Due to the variety of jurisdictions covered and the practical examples focused on, both academics and legal practitioners will find this book especially useful, while for compliance practitioners it can serve as a guide regarding transnational data transfers. Elif Kiesow Cortez is Senior Lecturer at the International and European Law Program at The Hague University of Applied Sciences in The Netherlands.

Author : Federico Fabbrini,Edoardo Celeste,John Quinn
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 47,8 Mb
Release : 2021-02-11
Category : Law
ISBN : 9781509940677

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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 : Joseph A. Cannataci
Publisher : Unknown
Page : 239 pages
File Size : 45,5 Mb
Release : 1986
Category : Computers
ISBN : 8200078507

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Privacy and Data Protection Law by Joseph A. Cannataci Pdf

Author : Thomas Cottier,Zaker Ahmad
Publisher : Cambridge University Press
Page : 491 pages
File Size : 44,6 Mb
Release : 2021-05-13
Category : Business & Economics
ISBN : 9781108840088

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The Prospects of Common Concern of Humankind in International Law by Thomas Cottier,Zaker Ahmad Pdf

Presents the emerging principle of Common Concern of Humankind as legal response and to serious collective action crises.

Author : Paul M. Schwartz,Joel R. Reidenberg
Publisher : MICHIE
Page : 520 pages
File Size : 50,7 Mb
Release : 1996
Category : Data protection
ISBN : STANFORD:36105062251488

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Data Privacy Law by Paul M. Schwartz,Joel R. Reidenberg Pdf

Studies data privacy law in the USA in the light of the principles of the EC Directive on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data (1995).

Author : Theo Lynn,John G. Mooney,Lisa van der Werff,Grace Fox
Publisher : Springer Nature
Page : 149 pages
File Size : 43,5 Mb
Release : 2020-10-13
Category : Business & Economics
ISBN : 9783030546601

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Data Privacy and Trust in Cloud Computing by Theo Lynn,John G. Mooney,Lisa van der Werff,Grace Fox Pdf

This open access book brings together perspectives from multiple disciplines including psychology, law, IS, and computer science on data privacy and trust in the cloud. Cloud technology has fueled rapid, dramatic technological change, enabling a level of connectivity that has never been seen before in human history. However, this brave new world comes with problems. Several high-profile cases over the last few years have demonstrated cloud computing's uneasy relationship with data security and trust. This volume explores the numerous technological, process and regulatory solutions presented in academic literature as mechanisms for building trust in the cloud, including GDPR in Europe. The massive acceleration of digital adoption resulting from the COVID-19 pandemic is introducing new and significant security and privacy threats and concerns. Against this backdrop, this book provides a timely reference and organising framework for considering how we will assure privacy and build trust in such a hyper-connected digitally dependent world. This book presents a framework for assurance and accountability in the cloud and reviews the literature on trust, data privacy and protection, and ethics in cloud computing.

Author : Nobuo Hayashi,Cecilia M. Bailliet
Publisher : Cambridge University Press
Page : 522 pages
File Size : 40,7 Mb
Release : 2018-06-30
Category : Law
ISBN : 1316509400

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The Legitimacy of International Criminal Tribunals by Nobuo Hayashi,Cecilia M. Bailliet Pdf

With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.

Author : Gloria González Fuster
Publisher : Springer Science & Business
Page : 274 pages
File Size : 47,6 Mb
Release : 2014-04-28
Category : Law
ISBN : 9783319050232

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The Emergence of Personal Data Protection as a Fundamental Right of the EU by Gloria González Fuster Pdf

This book explores the coming into being in European Union (EU) law of the fundamental right to personal data protection. Approaching legal evolution through the lens of law as text, it unearths the steps that led to the emergence of this new right. It throws light on the right’s significance, and reveals the intricacies of its relationship with privacy. The right to personal data protection is now officially recognised as an EU fundamental right. As such, it is expected to play a critical role in the future European personal data protection legal landscape, seemingly displacing the right to privacy. This volume is based on the premise that an accurate understanding of the right’s emergence is crucial to ensure its correct interpretation and development. Key questions addressed include: How did the new right surface in EU law? How could the EU Charter of Fundamental Rights claim to render ‘more visible’ an invisible right? And how did EU law allow for the creation of a new right while ensuring consistency with existing legal instruments and case law? The book first investigates the roots of personal data protection, studying the redefinition of privacy in the United States in the 1960s, as well as pioneering developments in European countries and in international organisations. It then analyses the EU’s involvement since the 1970s up to the introduction of legislative proposals in 2012. It grants particular attention to changes triggered in law by language and, specifically, by the coexistence of languages and legal systems that determine meaning in EU law. Embracing simultaneously EU law’s multilingualism and the challenging notion of the untranslatability of words, this work opens up an inspiring way of understanding legal change. This book will appeal to legal scholars, policy makers, legal practitioners, privacy and personal data protection activists, and philosophers of law, as well as, more generally, anyone interested in how law works.

Author : Normann Witzleb,David Lindsay,Moira Paterson,Sharon Rodrick
Publisher : Cambridge University Press
Page : 469 pages
File Size : 51,5 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.