Download or read book New Technologies and EU Law written by Marise Cremona and published by Oxford University Press. This book was released on 2017-06-23 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the nature of the relationship between the fields of new technology and EU law? What challenges do new technologies pose for the internal market and the fundamental principles of the EU? The first part of the collection explores the EU's approach to the regulation of scientific and technological risk, and the link between the regulation of technology and the internal market. In detail, the chapters analyse the interaction between EU law, bioethics and medical and health technologies. The second part of the collection enhances on this, and the chapters scrutinize specific policy areas in order to explain the alternate ways in which EU policy and technology cooperate.

Download or read book The Emergence of Personal Data Protection as a Fundamental Right of the EU written by Gloria González Fuster and published by Springer Science & Business. This book was released on 2014-04-28 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Data Protection in EU and US Criminal Cooperation written by Els de Busser and published by Maklu. This book was released on 2009 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: The research in this doctoral thesis examines the protection of personal data in two relationships: between judicial and law enforcement authorities of the EU Member States (including Europol and Eurojust) on the one hand and the US on the other hand. The book provides answers to the central question as to whether the EU complies with her own standards of data protection in these internal relations, as well as in the transatlantic cooperation in criminal matters. The new framework decision on data protection in criminal matters that entered into force in early 2009 is a significant element in this study, alongside the agreement concluded between the EU and the US on the mutual assistance in criminal matters of which the entry into force is equally planned for 2009. The book also reflects on the policy proposals of the EU on justice and home affairs for the period of 2010-2014. [Siracusa Prizewinner - This book was awarded the 2014 Siracusa Prize of the International Association of Penal Law (AIDP-IAPL), Paris. The 2014 Siracusa Prize is delivered on the occasion of the XIXth International Congress of Penal Law, Rio de Janeiro Paris.]

Download or read book Data Protection Migration and Border Control written by Teresa Quintel and published by Bloomsbury Publishing. This book was released on 2022-11-17 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.

Download or read book Data Protection in a Profiled World written by Serge Gutwirth and published by Springer Science & Business Media. This book was released on 2010-08-03 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most challenging issues facing our current information society is the accelerating accumulation of data trails in transactional and communication systems, which may be used not only to profile the behaviour of individuals for commercial, marketing and law enforcement purposes, but also to locate and follow things and actions. Data mining, convergence, interoperability, ever- increasing computer capacities and the extreme miniaturisation of the hardware are all elements which contribute to a major contemporary challenge: the profiled world. This interdisciplinary volume offers twenty contributions that delve deeper into some of the complex but urgent questions that this profiled world addresses to data protection and privacy. The chapters of this volume were all presented at the second Conference on Privacy and Data Protection (CPDP2009) held in Brussels in January 2009 (www.cpdpconferences.org). The yearly CPDP conferences aim to become Europe’s most important meeting where academics, practitioners, policy-makers and activists come together to exchange ideas and discuss emerging issues in information technology, privacy and data protection and law. This volume reflects the richness of the conference, containing chapters by leading lawyers, policymakers, computer, technology assessment and social scientists. The chapters cover generic themes such as the evolution of a new generation of data protection laws and the constitutionalisation of data protection and more specific issues like security breaches, unsolicited adjustments, social networks, surveillance and electronic voting. This book not only offers a very close and timely look on the state of data protection and privacy in our profiled world, but it also explores and invents ways to make sure this world remains a world we want to live in.

Download or read book The EU Law Enforcement Directive LED written by Eleni Kosta and published by Oxford University Press. This book was released on 2024-02 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU Law Enforcement Directive (LED): A Commentary provides an article-by-article commentary on the Law Enforcement Directive (Directive 2016/680) edited by two leading scholars in the field of personal data protection.

Download or read book Reinventing Data Protection written by Serge Gutwirth and published by Springer Science & Business Media. This book was released on 2009-05-24 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The European Union as Guardian of Internet Privacy written by Hielke Hijmans and published by Springer. This book was released on 2016-09-06 with total page 631 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.

Download or read book Security versus Justice written by Florian Geyer and published by Routledge. This book was released on 2016-04-01 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most dynamic areas of EU law since the great changes brought to the EU constitutional order by the Amsterdam Treaty in 1999 has been cooperation in the fields of policing and criminal justice. Both fields have already been the subject of substantial legislative effort in the EU and an increasing amount of judicial activity in the European Court of Justice. In 2007 - after the Constitutional Treaty of 2004 failed - the new Reform Treaty planned very substantive changes to these policies. Bringing together a wide-ranging set of topics and contributors, this book enables readers to understand these changes by examining three key questions: how did we get to the Reform Treaty; what have been - and still are - the key struggles in competence; and how do the changes fit into the transformation of police and judicial cooperation in criminal matters in the EU?

Download or read book Enforcing Privacy written by David Wright and published by Springer. This book was released on 2016-04-19 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about enforcing privacy and data protection. It demonstrates different approaches – regulatory, legal and technological – to enforcing privacy. If regulators do not enforce laws or regulations or codes or do not have the resources, political support or wherewithal to enforce them, they effectively eviscerate and make meaningless such laws or regulations or codes, no matter how laudable or well-intentioned. In some cases, however, the mere existence of such laws or regulations, combined with a credible threat to invoke them, is sufficient for regulatory purposes. But the threat has to be credible. As some of the authors in this book make clear – it is a theme that runs throughout this book – “carrots” and “soft law” need to be backed up by “sticks” and “hard law”. The authors of this book view privacy enforcement as an activity that goes beyond regulatory enforcement, however. In some sense, enforcing privacy is a task that befalls to all of us. Privacy advocates and members of the public can play an important role in combatting the continuing intrusions upon privacy by governments, intelligence agencies and big companies. Contributors to this book - including regulators, privacy advocates, academics, SMEs, a Member of the European Parliament, lawyers and a technology researcher – share their views in the one and only book on Enforcing Privacy.

Download or read book European and International Media Law written by Perry Keller and published by Oxford University Press, USA. This book was released on 2011-05-12 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: European and International Media Law considers the rapidly changing relationship between the media and the liberal democratic state. It explores key contemporary media issues and captures the extraordinary impact of the liberal media model on European and international law as well as exploring its profound weaknesses.

Download or read book Privacy Invading Technologies and Privacy by Design written by Demetrius Klitou and published by Springer. This book was released on 2014-07-05 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privacy-invading technologies (PITs) such as Body scanners; Public space CCTV microphones; Public space CCTV loudspeakers and Human-implantable microchips (RFID implants/GPS implants) are dealt with in this book. The book shows how and why laws that regulate the design and development of privacy-invading technologies (PITs) may more effectively ensure the protection of privacy than laws that only regulate data controllers and the use of such technologies. The premise is supported and demonstrated through a discussion on these four specific PITs as case studies. In doing so, the book overall attempts to explain how laws/regulations that mandate the implementation of Privacy by Design (PBD) could potentially serve as a viable approach for collectively safeguarding privacy, liberty and security in the 21st Century. This book will be of interest to academic researchers, law practitioners, policy makers and technology researchers.

Download or read book State Initiated Restraints of Competition written by Josef Drexl and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book addresses important current problems and challenges arising from a large variety of state-initiated restraints. Beyond state-owned enterprises, rules on government procurement and the control of state subsidies, the contributions also ana

Download or read book Private Regulation and Enforcement in the EU written by Madeleine de Cock Buning and published by Bloomsbury Publishing. This book was released on 2020-06-25 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalisation and technological innovation have been fuelling the need for increasing levels of trust in private actors, such as companies or special interest groups, to regulate and enforce significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertising and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question of whether private actors live up to citizens' expectations or whether more should be done as to the safeguarding of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement are embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context which, unlike the national and transnational ones, has not yet been widely explored. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book adds a missing tile to the mosaic of public–private governance studies.

Download or read book Collective Management of Copyright and Related Rights written by World Intellectual Property Organization and published by WIPO. This book was released on 2022-12-22 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.

Download or read book Managing Democracy in the Digital Age written by Julia Schwanholz and published by Springer. This book was released on 2017-09-13 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Data Localization Laws and Policy written by W. Kuan Hon and published by Edward Elgar Publishing. This book was released on 2017 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries are increasingly introducing data localization laws, threatening digital globalization and inhibiting cloud computing adoption despite its acknowledged benefits. This multi-disciplinary book analyzes the EU restriction (including the Privacy Shield and General Data Protection Regulation) through a cloud computing lens, covering historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data, and control of access to data through security.