The Committee's Opinion on the European Union Data Protection Framework Proposals PDF Download
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Author: Great Britain: Parliament: House of Commons: Justice Committee Publisher: The Stationery Office ISBN: 9780215049759 Category : Business & Economics Languages : en Pages : 132
Book Description
The processes and procedures that are specified within the EU proposals to update data protection laws do not allow for flexibility or discretion for businesses or other organisations which hold personal data, or for data protection authorities. The proposals should focus on those elements that are required to achieve the Commission's objectives, whilst compliance should be entrusted to Member States' data protection authorities. These instruments would give EU citizens new data protection rights as set out in the Charter of Fundamental Rights of the European Union and the Lisbon Treaty. Despite its criticisms, the Committee welcomes the potential benefits that an updated law could bring. For individuals, their rights would be strengthened, and in particular the new framework would guard against some of the more unwelcome and often criticised aspects of digital data processing. From a business perspective, the benefits would mainly accrue through the effective harmonisation of laws. Whilst the draft Regulation would cover general data protection, the draft Directive is specifically concerned with data protection for law enforcement purposes. The Committee been told that the draft Directive does not apply to domestic processing by law enforcement agencies within the UK. This needs to be placed beyond doubt. Additionally, it needs to be made clear that the Directive must not impact on the ability of the police to use common law powers to pass on information in the interests of crime prevention and public protection
Author: Great Britain: Parliament: House of Commons: Justice Committee Publisher: The Stationery Office ISBN: 9780215049759 Category : Business & Economics Languages : en Pages : 132
Book Description
The processes and procedures that are specified within the EU proposals to update data protection laws do not allow for flexibility or discretion for businesses or other organisations which hold personal data, or for data protection authorities. The proposals should focus on those elements that are required to achieve the Commission's objectives, whilst compliance should be entrusted to Member States' data protection authorities. These instruments would give EU citizens new data protection rights as set out in the Charter of Fundamental Rights of the European Union and the Lisbon Treaty. Despite its criticisms, the Committee welcomes the potential benefits that an updated law could bring. For individuals, their rights would be strengthened, and in particular the new framework would guard against some of the more unwelcome and often criticised aspects of digital data processing. From a business perspective, the benefits would mainly accrue through the effective harmonisation of laws. Whilst the draft Regulation would cover general data protection, the draft Directive is specifically concerned with data protection for law enforcement purposes. The Committee been told that the draft Directive does not apply to domestic processing by law enforcement agencies within the UK. This needs to be placed beyond doubt. Additionally, it needs to be made clear that the Directive must not impact on the ability of the police to use common law powers to pass on information in the interests of crime prevention and public protection
Author: Lilian Edwards Publisher: Bloomsbury Publishing ISBN: 1509900934 Category : Law Languages : en Pages : 479
Book Description
This comprehensive textbook by the editor of Law and the Internet seeks to provide students, practitioners and businesses with an up-to-date and accessible account of the key issues in internet law and policy from a European and UK perspective. The internet has advanced in the last 20 years from an esoteric interest to a vital and unavoidable part of modern work, rest and play. As such, an account of how the internet and its users are regulated is vital for everyone concerned with the modern information society. This book also addresses the fact that internet regulation is not just a matter of law but increasingly intermixed with technology, economics and politics. Policy developments are closely analysed as an intrinsic part of modern governance. Law, Policy and the Internet focuses on two key areas: e-commerce, including the role and responsibilities of online intermediaries such as Google, Facebook and Uber; and privacy, data protection and online crime. In particular there is detailed up-to-date coverage of the crucially important General Data Protection Regulation which came into force in May 2018.
Author: Klaus-Dieter Borchardt Publisher: Office for Official Publications of the European Communities ISBN: Category : Law Languages : en Pages : 140
Book Description
Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.
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: Normann Witzleb Publisher: Cambridge University Press ISBN: 1107041678 Category : Business & Economics Languages : en Pages : 469
Book Description
Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.
Author: Great Britain: Parliament: House of Commons: European Scrutiny Committee Publisher: The Stationery Office ISBN: 9780215054227 Category : Political Science Languages : en Pages : 92
Author: Great Britain: Parliament: House of Commons: Justice Committee Publisher: The Stationery Office ISBN: 9780215055354 Category : Language Arts & Disciplines Languages : en Pages : 54
Book Description
The Information Commissioner's responsibilities look set to expand dramatically as a result of EU Data Protection laws and the possible implementation of recommendations about his role made in the Leveson Report. This could result in a funding shortfall of £42.8 million that may have to be paid for by the taxpayer. The removal of the notification fee payable to him by data controllers and other funding cuts could compromise his work unless Government finds a solution. The Information Commissioner has handled more casework and significantly cutting the backlog of freedom of information appeals at the same time as reducing his budget. The funding for freedom of information work was cut by 23% from £5.5 million in 2011-12 to £4.25 million in 2012-13. This report reiterates the Committee's recommendation that the penalties for data protection offences must be increased to provide a more effective deterrent and asks why the Government has not adopted recommendations that custodial sentences should be made available for breaches of section 55 of the Data Protection Act. There are also concerns that a significant number of public sector bodies that handle sensitive private data have refused free audits from the Information Commissioner that could identify security problems in the way they are handling data. The MPs call for compulsory audits to be extended to NHS Trusts and local councils. The Committee also reiterates its view that the Information Commissioner should be granted greater independence from the executive by being made directly responsible to, and funded by, Parliament
Author: Francesca Tassinari Publisher: BRILL ISBN: 9004684026 Category : Law Languages : en Pages : 621
Book Description
This book assesses whether the implementation of transborder interoperable solutions aligns with the European Union's standards and rules on personal data transfer. It specifically examines the principles and values enshrined in the founding Treaties that steer the EU’s external activities as a global actor. It will help you understand the privacy and data protection standards the EU must uphold when pursuing its objectives of freedom, security, and justice externally. You’ll learn about the limits on the processing of personal data by large-scale IT systems in the areas of freedom, security, and justice, and explore the full scope of the 2019 interoperability regulations, n. 817 and 818. Also, the volume offers a series of diagrams, tables, and figures that will make your reading as smooth as possible.
Author: Great Britain: Parliament: House of Commons: Justice Committee Publisher: The Stationery Office ISBN: 9780215063403 Category : Law Languages : en Pages : 44
Book Description
The Government has struck a reasonable balance in the way it is planning to exercise its right to opt-out of pre-Lisbon Treaty EU policing and criminal justice measures, but the way it has engaged Parliament in the decision-making process has been badly handled and 'cavalier'. The Government left the Commons select committees far too little time to assess the reasons for their decisions on EU justice opt-ins, and did not provide the full impact assessment which was needed. The Committee agrees with the Government's plans to seek to opt back into seven of the sixteen measures, and not to opt into a number of others. The Committee also raises questions about the Government's intention not to opt back into two specific instruments, the Probation Measures Framework Decision and the Framework Decision on the settlement of conflicts of jurisdiction. The Committee also calls on the Government to provide an assessment of the effect of the extension of the jurisdiction of the Court of Justice of the European Union over the measures covered by the opt-out. The Committee also agrees with the Government's proposal to seek to rejoin decisions on data protection in policing and criminal justice, and on a data protection secretariat, but says that the arguments are more finely balanced in relation to the Framework Decision on settlement of conflicts of jurisdiction
Author: Great Britain: Parliament: House of Commons: Justice Committee
Author: Great Britain: Parliament: House of Commons: Justice Committee
Author: Great Britain: Ministry of Justice
Author: Lilian Edwards
Author: Klaus-Dieter Borchardt
Author: Gloria González Fuster
Author: Normann Witzleb
Author: Great Britain: Parliament: House of Commons: European Scrutiny Committee
Author: Great Britain: Parliament: House of Commons: Justice Committee
Author: Francesca Tassinari
Author: Great Britain: Parliament: House of Commons: Justice Committee