Explanatory Report on the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data PDF Download

Author: Council of Europe
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 48

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Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287170743
Category : Law
Languages : en
Pages : 60

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Book Description
Profiling - the technique of observing people's behavior on the Internet, and thus collecting and using their personal data - can benefit businesses, the economy and society, as well as, in some cases, private individuals, for instance by leading to better market segmentation or by permitting an analysis of risks and fraud. However, the use of profiling techniques without precautions and specific safeguards could damage human dignity and unjustifiably deprive individuals of access to certain goods or services. The recommendation's objectives are: - to provide a coherent regulatory framework which strikes a fair balance between the interests at stake; - to ensure effective protection of the rights of data subjects and fair procedures in situations where mass quantities of data are processed; - to avoid situations where profiles give rise automatically to negative decisions, discrimination or stigmatization.

Author: Julia Planitzer
Publisher: Edward Elgar Publishing
ISBN: 1788111567
Category : Law
Languages : en
Pages : 611

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Book Description
This comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise yet thorough article-by-article guide to the Convention’s anti-trafficking standards and corresponding human rights obligations.

Author:
Publisher: Cambridge University Press
ISBN: 1108981704
Category : Law
Languages : en
Pages : 3034

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The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the seventy years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the third volume. The Third Convention, relative to the treatment of prisoners of war and their protections, takes into account developments in the law and practice in the past seven decades to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian law practitioners and academics from around the world. This new Commentary will be an essential tool for anyone involved with international humanitarian law.

Author: Philippe Jougleux
Publisher: Springer Nature
ISBN: 3031065964
Category : Law
Languages : en
Pages : 276

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Book Description
The past two decades have seen a radical change in the online landscape with the emergence of GAFAM (Google, Amazon, Facebook, Apple and Microsoft). Facebook, specifically, has acquired a unique monopoly position among social media, and is part of the digital lives of billions of users. A mutual influence between Facebook and the legal framework has gradually emerged, as EU legislators and judges are on the one hand forced to accept the reality of new, widespread behaviors and practices and on the other have constructed a legal framework that imposes limits and rules on the use of the social network.This book offers a unique perspective on this relationship, exploring the various activities and services proposed by Facebook and discussing the attendant legal issues. Accordingly, questions concerning the GDPR, its principles, rights and obligations are in the center of the discussions. However, the book does not limit its scope to data protection: Facebook has also greatly contributed to a liberalization and democratization of speech. In accordance, the classic principles of media law must be revisited, adapted or suitably enforced on the platform. Intellectual property law governs what is owned and by whom, no matter whether raw data or informational goods are concerned. Frameworks on hate speech and fake news are the result of coregulation principles of governance, whereas defamation jurisprudence continues to evolve, considering the consequences of merely “liking” certain content. The economic model of advertising is also governed by strict rules. Above all, Facebook is currently caught in a dilemma of substantial interest for society as a whole: is it a neutral online intermediary, i.e., merely a passive player on the Internet, or is it transforming against its will into an editorial service? In conclusion, the book has a dual purpose. First, it proposes a global and practical approach to the EU legal framework on Facebook. Second, it explores the current limits and the ongoing transformation of EU Internet law as it steadily adapts to life in the new digital world.

Author: Julia Schwanholz
Publisher: Springer
ISBN: 3319617087
Category : Political Science
Languages : en
Pages : 268

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In light of the increased utilization of information technologies, such as social media and the ‘Internet of Things,’ this book investigates how this digital transformation process creates new challenges and opportunities for political participation, political election campaigns and political regulation of the Internet. Within the context of Western democracies and China, the contributors analyze these challenges and opportunities from three perspectives: the regulatory state, the political use of social media, and through the lens of the public sphere. The first part of the book discusses key challenges for Internet regulation, such as data protection and censorship, while the second addresses the use of social media in political communication and political elections. In turn, the third and last part highlights various opportunities offered by digital media for online civic engagement and protest in the public sphere. Drawing on different academic fields, including political science, communication science, and journalism studies, the contributors raise a number of innovative research questions and provide fascinating theoretical and empirical insights into the topic of digital transformation.

Author: Sebastiaan Princen
Publisher: Kluwer Law International B.V.
ISBN: 9041118713
Category : Law
Languages : en
Pages : 448

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1. Introduction and research problem -- 2. A theoretical framework -- 3. The European leghold trap regulation -- 4. The European ban on the use of growth-hormones in meat production -- 5. Genetically modified foods and food products -- 6. The European data protection directive -- 7. Summary and conclusions.

Author: Julia Wojnowska-Radzińska
Publisher: BRILL
ISBN: 9004677682
Category : Law
Languages : en
Pages : 237

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In this work Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential question of how to strike the proper balance between fundamental rights and security interests in the digital age.

Author: Cristos Velasco
Publisher: Kluwer Law International B.V.
ISBN: 9403508566
Category : Law
Languages : en
Pages : 226

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to privacy and data protection law in Mexico covers every aspect of the subject, including the protection of private life as a fundamental – constitutional – right, the application of international and/or regional conventions protecting the right to privacy, privacy rights in the context of electronic communications or at the workplace, and the protection of individuals regarding the processing of personal data relating to them. Following a general introduction about the country, the monograph assembles its information and guidance in two parts: (1) protection of privacy, including national case law regarding the protection of this fundamental right, specific legislation on the confidentiality of interpersonal communications, and sector-specific rules regarding privacy protection, such as privacy rights of employees, patients, consumers or celebrities; (2) personal data protection, including not only general rules on data quality, legitimate processing, data retention, data subject rights, security and accountability, but also specific provisions regarding the processing of health data or other sensitive personal information, further processing for research purposes, exemptions for law enforcement or national security purposes, and rules regarding liabilities, sanctions and redress.

Author:
Publisher: Oxford University Press
ISBN: 0192667440
Category : Law
Languages : en
Pages : 993

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Book Description
The Law Enforcement Directive 2016/680 (LED) is the first legal instrument in the EU which comprehensively regulates the use of personal data by law enforcement authorities, creating a minimum standard of privacy protection across the EU. Together with the General Data Protection Regulation (GDPR), it stands at the heart of the legal reform of the EU's data protection law. Although it was adopted at the same time as the GDPR, the LED has not received the same scholarly attention, despite its significant impact and controversial implementation in Member States. The EU Law Enforcement Directive (LED): A Commentary addresses this by providing an article-by-article commentary on the Directive. Drawing on the expertise of leading scholars, regulators, and practitioners in the EU data protection field, it offers a detailed analysis of its legal provisions, drawing on relevant case law and scholarship to illuminate the key aspects and intricacies of each provision. It analyses national transpositions of the LED while taking into account the GDPR and the regulations on the processing of personal data by EU institutions, bodies, offices and agencies. For further context, it includes introductory chapters on the background and evolution of the Directive, the Council of Europe, and the impact of Brexit on the LED. This comprehensive volume is an excellent resource for anyone seeking authoritative guidance on the application and interpretation of LED provisions, especially judges, legal practitioners, prosecutors, competent authorities, and academics.