Data Protection Law:Approaching Its Rationale, Logic and Limits PDF Download

Author: Lee
Publisher: Springer
ISBN: 9789041198709
Category : Law
Languages : en
Pages : 0

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Book Description
The author evaluates the costs and/or gains and the interference (positive or negative) in the commercial, public administrative and social spheres that data protection laws have the potential to create, with numerous references to legislation and administrative decision making in a wide variety of jurisdictions.

Author: Lee Andrew Bygrave
Publisher: OUP Oxford
ISBN: 9780199675555
Category : Law
Languages : en
Pages : 0

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Book Description
This is the first work to examine the fundamental aims and principles of data privacy law in an international context. Bygrave analyses relevant law from across the globe, paying particular attention to international instruments and using these as a foundation for examining national law.

Author: Serge Gutwirth
Publisher: Springer Science & Business Media
ISBN: 1402094981
Category : Law
Languages : en
Pages : 356

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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: Kosta, Eleni
Publisher: Edward Elgar Publishing
ISBN: 1800371683
Category : Law
Languages : en
Pages : 672

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Book Description
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.

Author: Aurelia Tamò-Larrieux
Publisher: Springer
ISBN: 3319986244
Category : Law
Languages : en
Pages : 287

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Book Description
This book discusses the implementation of privacy by design in Europe, a principle that has been codified within the European Data Protection Regulation (GDPR). While privacy by design inspires hope for future privacy-sensitive designs, it also introduces the need for a common understanding of the legal and technical concepts of privacy and data protection. By pursuing an interdisciplinary approach and comparing the problem definitions and objectives of both disciplines, this book bridges the gap between the legal and technical fields in order to enhance the regulatory and academic discourse. The research presented reveals the scope of legal principles and technical tools for privacy protection, and shows that the concept of privacy by design goes beyond the principle of the GDPR. The book presents an analysis of how current regulations delegate the implementation of technical privacy and data protection measures to developers and describes how policy design must evolve in order to implement privacy by design and default principles.

Author: Normann Witzleb
Publisher: Cambridge University Press
ISBN: 1107041678
Category : Business & Economics
Languages : en
Pages : 469

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

Author: Orla Lynskey
Publisher: Oxford University Press
ISBN: 0191028061
Category : Law
Languages : en
Pages : 337

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Book Description
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 recognised, 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 realise it.

Author: Serge Gutwirth
Publisher: Springer
ISBN: 9401793859
Category : Law
Languages : en
Pages : 409

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Book Description
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.

Author: Maria Tzanou
Publisher: Bloomsbury Publishing
ISBN: 150990168X
Category : Law
Languages : en
Pages : 319

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Book Description
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.

Author: Tobias Naef
Publisher: Springer Nature
ISBN: 303119893X
Category : Law
Languages : en
Pages : 442

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Book Description
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.