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Author: Serge Gutwirth Publisher: Springer Science & Business Media ISBN: 1402094981 Category : Law Languages : en Pages : 356
Book Description
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.
Author: Serge Gutwirth Publisher: Springer Science & Business Media ISBN: 1402094981 Category : Law Languages : en Pages : 356
Book Description
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.
Author: Council of Europe Publisher: Council of Europe ISBN: 9287198497 Category : Political Science Languages : en Pages : 402
Book Description
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Author: Franziska Boehm Publisher: Springer Science & Business Media ISBN: 3642223923 Category : Law Languages : en Pages : 475
Book Description
Privacy and data protection in police work and law enforcement cooperation has always been a challenging issue. Current developments in EU internal security policy, such as increased information sharing (which includes the exchange of personal data between European law enforcement agencies and judicial actors in the area of freedom, security and justice (Europol, Eurojust, Frontex and OLAF)) and the access of EU agencies, in particular Europol and Eurojust, to data stored in European information systems such as the SIS (II), VIS, CIS or Eurodac raise interesting questions regarding the balance between the rights of individuals and security interests. This book deals with the complexity of the relations between these actors and offers for the first time a comprehensive overview of the structures for information exchange in the area of freedom, security and justice and their compliance with data protection rules in this field.
Author: Marcus Dury Publisher: Fachmedien Recht und Wirtschaft ISBN: 380059255X Category : Law Languages : en Pages : 293
Book Description
This book offers a practical presentation of the special features of data protection law in Luxembourg and the way it interacts with the General Data Protection Regulation (GDPR). The GDPR has been effective since 25 May 2018. It has been obligatory to comply with the new Luxembourg Data Protection Act in all data processing operations that relate to Luxembourg as a supplement to the GDPR since 20 August 2018. In the first part of this book, you can learn what new legal requirements the GDPR and the new Luxembourg Data Protection Act impose on companies in Luxembourg and group structures with relationships to Luxembourg respectively. The second part contains a systematic presentation of the GDPR and the Luxembourg Data Protection Act. The book aims to help you to meet the requirements of data protection law in Luxembourg in everyday corporate life and implement them in practice with as little expense and effort as possible. The book, which also includes the text of the Luxembourg Data Protection Act, is available in three languages: French, English and German. The German and English translations of the legal text have moreover been authorised by the supervisory authority in Luxembourg, the CNPD, so you can be sure that using the translations will not cause any disadvantage as compared with applying the law in its original wording.
Author: Brendan Van Alsenoy Publisher: ISBN: 9781780688282 Category : Data protection Languages : en Pages : 0
Book Description
Practically every organisation in the world processes personal data. European data protection law imposes a series of requirements designed to protect individuals against the risks that result from the processing of their data. It also distinguishes among different types of actors involved in the processing and sets out different obligations for each type of actor. The most important distinction in this regard is the distinction between 'controllers' and 'processors'. This book seeks to determine whether EU data protection law should continue to maintain its current distinction.
Author: Marcus Dury Publisher: Fachmedien Recht und Wirtschaft ISBN: 3800592541 Category : Law Languages : en Pages : 306
Book Description
This book offers a practical presentation of the special features of data protection law in Luxembourg and the way it interacts with the General Data Protection Regulation (GDPR). The GDPR has been effective since 25 May 2018. It has been obligatory to comply with the new Luxembourg Data Protection Act in all data processing operations that relate to Luxembourg as a supplement to the GDPR since 20 August 2018. In the first part of this book, you can learn what new legal requirements the GDPR and the new Luxembourg Data Protection Act impose on companies in Luxembourg and group structures with relationships to Luxembourg respectively. The second part contains a systematic presentation of the GDPR and the Luxembourg Data Protection Act. The book aims to help you to meet the requirements of data protection law in Luxembourg in everyday corporate life and implement them in practice with as little expense and effort as possible. The book, which also includes the text of the Luxembourg Data Protection Act, is available in three languages: French, English and German. The German and English translations of the legal text have moreover been authorised by the supervisory authority in Luxembourg, the CNPD, so you can be sure that using the translations will not cause any disadvantage as compared with applying the law in its original wording.
Author: Union européenne. Agence des droits fondamentaux Publisher: ISBN: 9789292393298 Category : Computer security Languages : en Pages : 209
Book Description
The aim of this handbook is to raise awareness and improve knowledge of data protection rules in European Union and Council of Europe member states by serving as the main point of reference to which readers can turn. It is designed for non-specialist legal professionals, judges, national data protection authorities and other persons working in the field of data protection.
Author: Gert Vermeulen Publisher: Maklu ISBN: 9046609103 Category : Data protection Languages : en Pages : 343
Book Description
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: Hielke Hijmans Publisher: ISBN: 9781780682136 Category : Data protection Languages : en Pages : 0
Book Description
We live in an era in which privacy and data protection are daily news items. This tendency demonstrates that privacy and data protection are taken seriously in wide circles of society. Most of the time, however, issues relating to privacy and data protection are not newsworthy because these rights have been so well protected. The scandals are the items that make the news - the latest example being the US National Security Agency (NSA) affair, which has dominated the news for months. These news stories create a feeling of discomfort and lead to the diminishing of trust: diminishing trust of citizens in the companies they deal with, in their governments, in supranational entities such as the European Union, in the law, as well as diminishing trust between countries. In relation to privacy and data protection, this volume defines the restoration of this trust as the most pressing challenge. It reflects on the state of play in the area of privacy and personal data protection in Europe and the US at the start of 2014. The book discusses the issues from different perspectives, such as constitutional values and the role of the judiciary, the role of the legislator and independent control, and transatlantic relations. The book's contributions come from a large number of outstanding academic scholars, legal practitioners, regulators, and politicians from Europe and the US. All contributions are written in honor of Peter Hustinx, the first European Data Protection Supervisor, who stepped down at the beginning of 2014, after 10 successful years in office and after a long and impressive career in the area of privacy and data protection. The festschrift is recommended for everyone interested in privacy and data protection, and, more generally, in the complex relations between law and the information society.
Author: Gloria González Fuster Publisher: Springer Science & Business ISBN: 3319050230 Category : Law Languages : en Pages : 284
Book Description
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: Serge Gutwirth
Author: Serge Gutwirth
Author: Council of Europe
Author: Franziska Boehm
Author: Marcus Dury
Author: Brendan Van Alsenoy
Author: Marcus Dury
Author: Union européenne. Agence des droits fondamentaux
Author: Gert Vermeulen
Author: Hielke Hijmans
Author: Gloria González Fuster