Download or read book Data Protection and Privacy Under Pressure written by Gert Vermeulen and published by Maklu. This book was released on 2017-12-04 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book European Privacy and Data Protection Law written by Jos Dumortier and published by Kluwer Law International B.V.. This book was released on 2022-10-20 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to privacy and data protection law in the EU 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, the monograph assembles its information and guidance in two parts: (1) protection of privacy, including an in-depth overview of the case law of the European Court of Human Rights and an analysis of the European e-Privacy Directive regarding the protection of privacy in electronic communications; (2) personal data protect on, including a detailed analysis of the provisions of the GDPR, an up-to-date overview of the case law of the Court of Justice of the EU and of the opinions and guidelines of the European Data Protection Board (EDPB).
Download or read book Reforming European Data Protection Law written by Serge Gutwirth and published by Springer. This book was released on 2014-11-17 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Protecting Individuals Against the Negative Impact of Big Data written by Manon Oostveen and published by Kluwer Law International B.V.. This book was released on 2018-07-13 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the contemporary information society, organisations increasingly rely on the collection and analysis of large-scale data (popularly called ‘big data’) to make decisions. These processes, which take place largely beyond the individual’s knowledge, produce a cascade of effects that go beyond privacy and data protection. Should we focus on the possibilities of tackling these often negative effects through other areas of law, or maybe even find new solutions to cope with the dark side of big data? This ground-breaking book is the first to address this crucially important question in detail. Among the issues raised in the analysis are such vital elements as the following: − what is meant by ‘big data’; – ‘privacy’ according to the European Court of Human Rights and the Court of Justice of the European Union; – what the European Union legal framework on privacy and data protection consists of and how it functions in the light of big data; – what companies, governments and other organisations are permitted to do with big data under the current regulatory framework; – the central importance of personal autonomy; – circumstances that influence whether or not the right to privacy is triggered; – big data’s possible impact on democracy through, inter alia, potentially limiting freedom of expression; – how governmental or corporate surveillance chills the receiver’s gathering of information and ideas; – selective offering of choices or information, or manipulation of people’s ideas; – procedural aspects that influence the extrapolation of normative concepts of privacy and data protection; and – how discrimination occurs in big data. This book foregrounds a critical scrutiny of commercial uses of big data – its scale, its limited capacity for independent oversight and the expected prevalence of interference with individuals’ rights. The author’s conclusions explore possible legal alternatives to mitigate the negative impact of big data, using legal instruments, case law and legal academic literature in her analysis. Because the amount of digital data keeps growing and the private lives of individuals are increasingly taking place online – and because of the opacity of the big data process, the fundamental values that are at stake, and the speed of technological developments compared to the pace of legal reform – this comprehensive assessment of flaws in the current framework and possible practical solutions will be warmly welcomed by practitioners, policymakers and government officials in all legal fields related to privacy and data protection.
Download or read book Research Handbook on Privacy and Data Protection Law written by González, Gloria and published by Edward Elgar Publishing. This book was released on 2022-03-15 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook is an insightful overview of the key rules, concepts and tensions in privacy and data protection law. It highlights the increasing global significance of this area of law, illustrating the many complexities in the field through a blend of theoretical and empirical perspectives.
Download or read book Privacy and Security in the Digital Age written by Michael Friedewald and published by Routledge. This book was released on 2016-01-13 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privacy and data protection are recognized as fundamental human rights. Recent developments, however, indicate that security issues are used to undermine these fundamental rights. As new technologies effectively facilitate collection, storage, processing and combination of personal data government agencies take advantage for their own purposes. Increasingly, and for other reasons, the business sector threatens the privacy of citizens as well. The contributions to this book explore the different aspects of the relationship between technology and privacy. The emergence of new technologies threaten increasingly privacy and/or data protection; however, little is known about the potential of these technologies that call for innovative and prospective analysis, or even new conceptual frameworks. Technology and privacy are two intertwined notions that must be jointly analyzed and faced. Technology is a social practice that embodies the capacity of societies to transform themselves by creating the possibility to generate and manipulate not only physical objects, but also symbols, cultural forms and social relations. In turn, privacy describes a vital and complex aspect of these social relations. Thus technology influences people’s understanding of privacy, and people’s understanding of privacy is a key factor in defining the direction of technological development. This book was originally published as a special issue of Innovation: The European Journal of Social Science Research.
Download or read book Health Data Privacy under the GDPR written by Maria Tzanou and published by Routledge. This book was released on 2020-11-23 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth of data-collecting goods and services, such as ehealth and mhealth apps, smart watches, mobile fitness and dieting apps, electronic skin and ingestible tech, combined with recent technological developments such as increased capacity of data storage, artificial intelligence and smart algorithms, has spawned a big data revolution that has reshaped how we understand and approach health data. Recently the COVID-19 pandemic has foregrounded a variety of data privacy issues. The collection, storage, sharing and analysis of health- related data raises major legal and ethical questions relating to privacy, data protection, profiling, discrimination, surveillance, personal autonomy and dignity. This book examines health privacy questions in light of the General Data Protection Regulation (GDPR) and the general data privacy legal framework of the European Union (EU). The GDPR is a complex and evolving body of law that aims to deal with several technological and societal health data privacy problems, while safeguarding public health interests and addressing its internal gaps and uncertainties. The book answers a diverse range of questions including: What role can the GDPR play in regulating health surveillance and big (health) data analytics? Can it catch up with internet-age developments? Are the solutions to the challenges posed by big health data to be found in the law? Does the GDPR provide adequate tools and mechanisms to ensure public health objectives and the effective protection of privacy? How does the GDPR deal with data that concern children’s health and academic research? By analysing a number of diverse questions concerning big health data under the GDPR from various perspectives, this book will appeal to those interested in privacy, data protection, big data, health sciences, information technology, the GDPR, EU and human rights law.
Download or read book Handbook of Research on Cyber Law Data Protection and Privacy written by Dewani, Nisha Dhanraj and published by IGI Global. This book was released on 2022-04-22 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The advancement of information and communication technology has led to a multi-dimensional impact in the areas of law, regulation, and governance. Many countries have declared data protection a fundamental right and established reforms of data protection law aimed at modernizing the global regulatory framework. Due to these advancements in policy, the legal domain has to face many challenges at a rapid pace making it essential to study and discuss policies and laws that regulate and monitor these activities and anticipate new laws that should be implemented in order to protect users. The Handbook of Research on Cyber Law, Data Protection, and Privacy focuses acutely on the complex relationships of technology and law both in terms of substantive legal responses to legal, social, and ethical issues arising in connection with growing public engagement with technology and the procedural impacts and transformative potential of technology on traditional and emerging forms of dispute resolution. Covering a range of topics such as artificial intelligence, data protection, and social media, this major reference work is ideal for government officials, policymakers, industry professionals, academicians, scholars, researchers, practitioners, instructors, and students.
Download or read book Health Data Pools Under European Data Protection and Competition Law written by Giulia Schneider and published by Springer Nature. This book was released on 2022-04-13 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the emerging economic reality of health data pools from the perspective of European Union policy and law. The contractual sharing of health data for research purposes is giving rise to a free movement of research data, which is strongly encouraged at European policy level within the Digital Single Market Strategy. However, it has also a strong impact on data subjects' fundamental right to data protection and smaller businesses and research entities ability to carry out research and compete in innovation markets. Accordingly the work questions under which conditions health data sharing is lawful under European data protection and competition law. For these purposes, the work addresses the following sub-questions: i) which is the emerging innovation paradigm in digital health research?; ii) how are health data pools addressed at European policy level?; iii) do European data protection and competition law promote health data-driven innovation objectives, and how?; iv) which are the limits posed by the two frameworks to the free pooling of health data? The underlying assumption of the work is that both branches of European Union law are key regulatory tools for the creation of a common European health data space as envisaged in the Commissions 2020 European strategy for data. It thus demonstrates that both European data protection law, as defined under the General Data Protection Regulation, and European competition law and policy set research enabling regimes regarding health data, provided specific normative conditions are met. From a further perspective, both regulatory frameworks place external limits to the freedom to share (or not share) research valuable data.
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 Research Handbook on EU Data Protection Law written by Kosta, Eleni and published by Edward Elgar Publishing. This book was released on 2022-04-19 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Transatlantic Jurisdictional Conflicts in Data Protection Law written by Mistale Taylor and published by Cambridge University Press. This book was released on 2023-04-13 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction. Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the EU's General Data Protection Regulation started applying in 2018, its data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.
Download or read book Global Privacy Protection written by James B. Rule and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinguished editors and contributors to this book have produced a valuable report of the state of privacy in a number of jurisdictions with their distinct legal and political traditions. It highlights the challenges we confront in our effort to protect and defend a central democratic ideal. Raymond Wacks, Computer Law and Security Review . . . This book is. . . a seminal piece of literature. . . Although the volume is about privacy law and the international politics of data protection, it is vitally important for the whole field of surveillance studies. It is easy to follow, and written in a way that nonlegal scholars can easily grasp. Nils Zurawski, Surveillance and Society Global Privacy Protection is certainly to be commended. Daniel Seng, Singapore Journal of Legal Studies Global Privacy Protection reviews the origins and history of national privacy codes as social, political and legal phenomena in Australia, France, Germany, Hong Kong, Hungary, South Korea and the United States. The first chapter reviews key international statements on privacy rights, such as the OECD, EU and APEC principles. In the following chapters, the seven national case studies present and analyze the widest variety of privacy stories in an equally varied array of countries. They look beyond the details of what current national data-protection laws allow and prohibit to examine the origins of public concern about privacy; the forces promoting or opposing privacy codes; the roles of media, grassroots activists and elite intervention; and a host of other considerations shaping the present state of privacy protection in each country. Providing a rich description of the interweaving of national traditions, legal institutions, and power relations, this book will be of great interest to scholars engaged in the study of comparative law, information law and policy, civil liberties, and international law. It will also appeal to policy-makers in the many countries now contemplating the adoption of privacy codes, as well as to privacy activists.
Download or read book Borders Legal Spaces and Territories in Contemporary International Law written by Tommaso Natoli and published by Springer Nature. This book was released on 2019-09-12 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.
Download or read book Data Protection Privacy written by Monika Kuschewsky and published by Sweet & Maxwell. This book was released on 2012 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Data Protection written by Frank Suttie and published by . This book was released on 2020-10-31 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: It will be of interest to in-house counsel, individuals responsible for personal data management and governance including data protection officers and all with responsibility for data systems and infrastructure at a senior level.
