Download or read book Effective Enforcement of a Data Protection written by Malavika Raghavan and published by . This book was released on 2020 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper presents ideas for a new approach to enforcement of a data protection regime, based on risk-based supervision and the use of a range of responsive enforcement tools that could be deployed in advance of a breach to prevent it, or after a breach to mitigate the effects. Building on the risk-based approach to supervision, the model proposes a methodology to identify those entities that potentially pose more risk (to individuals and the system) when the personal data they hold is compromised.Part 2 of this paper proposes a risk-based framework to identify and classify entities based on the risk they pose when the personal data they hold is compromised, using both qualitative and quantitative components. Part 3 sets out an enforcement toolkit for data protection, guided by the paradigm of responsive regulation (that also employs ex ante tools) to prevent and mitigate the effects of a compromise of personal data. This approach is a departure from the post-data breach sanctions that currently dominate data protection regimes worldwide. Part 4 sets out the features of institutional design and inter-sectoral coordination required for effective implementation of such a model approach for risk-based supervision and enforcement of data protection rights.
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 APEC Privacy Framework written by and published by . This book was released on 2005 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 EU Data Protection and the GDPR written by Daniel J. Solove and published by Aspen Publishing. This book was released on 2023-12-29 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A clear, comprehensive, and cutting-edge introduction to the field of information privacy law with a focus on EU Data Protection and the GDPR. The volume is perfect as a stand-alone text for a seminar and as supplement to a course on EU law. It contains the latest cases and materials exploring issues of emerging technology, information privacy, OECD privacy guidelines, privacy protection in Europe, international transfers of data, and selected provisions of the GDPR. New to the 2nd Edition: Tighter editing and shorter chapters Full text of the GDPR Schrems II and the Data Privacy Framework
Download or read book Data Protection Implementation Guide written by Brendan Quinn and published by Kluwer Law International B.V.. This book was released on 2021-09-02 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: The complexities of implementing the General Data Protection Regulation (GDPR) continue to grow as it progresses through new and ever-changing technologies, business models, codes of conduct, and decisions of the supervisory authorities, and the courts. This eminently practical guide to implementing the GDPR – written in an original, problem-solving style by a highly experienced data protection expert with equal knowledge of both law and technology – provides a step-by-step project management approach to building a GDPR-compliant data protection system, assessing, and documenting the risks and then implementing these changes through processes at the operational level. With detailed attention to case law (Member State, ECJ, and ECHR), especially where affecting high-risk areas that have attracted scrutiny, the guidance proceeds systematically through such topics and issues as the following: required documentation, policies, and procedures; risk assessment tools and analysis frameworks; children’s data; employee and health data; international transfers post-Schrems II; data subject rights including the right of access; data retention and erasure; tracking and surveillance; and effects of technologies such as artificial intelligence, biometrics, and machine learning. With its practical examples derived from the author’s experience in building GDPR-compliant software, as well as its analysis of case law and enforcement priorities, this incomparable guide enables company data protection officers and compliance staff to advise on key issues with full awareness of the legal and reputational risks and how to mitigate them. It is also sure to be of immeasurable value to concerned regulators and policymakers at all government levels. “…it's going to be the go to resource for practitioners.” Tom Gilligan, Data Protection Consultant, September 2021 "I purchased this book recently and I’m very glad I did. It’s the textbook I have been waiting for. As someone relatively new to data protection, I was finding it very difficult to find books on the practical side of data protection. This book is very clearly laid out with practical examples and case law given for each topic, which is immensely helpful. I would recommend it to any data protection practitioners." Jennifer Breslin, LLM CIPP/E, AIPP Member
Download or read book EU Data Protection and the GDPR written by Daniel J. Solove and published by Aspen Publishing. This book was released on 2020-11-23 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developed from the casebook Information Privacy Law, this short paperback contains key cases and materials focusing on privacy issues related to the GDPR and data protection in the European Union. Topics covered include the GDPR, Schrems cases, the right to be forgotten, and international data transfers. This book is designed for use in courses and seminars on: Comparative and international law EU law Privacy law Information law Consumer law Topics covered include: GDPR Schrems I and Schrems II cases The right to be forgotten International data transfers, including an account of the rise and fall of the Privacy Shield European Court of Human Rights cases European Court of Justice cases Comparative analysis of EU and US privacy law
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 The EU General Data Protection Regulation GDPR written by Paul Voigt and published by Springer. This book was released on 2017-08-07 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides expert advice on the practical implementation of the European Union’s General Data Protection Regulation (GDPR) and systematically analyses its various provisions. Examples, tables, a checklist etc. showcase the practical consequences of the new legislation. The handbook examines the GDPR’s scope of application, the organizational and material requirements for data protection, the rights of data subjects, the role of the Supervisory Authorities, enforcement and fines under the GDPR, and national particularities. In addition, it supplies a brief outlook on the legal consequences for seminal data processing areas, such as Cloud Computing, Big Data and the Internet of Things.Adopted in 2016, the General Data Protection Regulation will come into force in May 2018. It provides for numerous new and intensified data protection obligations, as well as a significant increase in fines (up to 20 million euros). As a result, not only companies located within the European Union will have to change their approach to data security; due to the GDPR’s broad, transnational scope of application, it will affect numerous companies worldwide.
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.
Download or read book Keys to Delivering Effective Data Privacy Compliance written by Lydia Montalbano and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The General Data Protection Regulation (GDPR) is taking shape across the European Union with the aim of improving data protection compliance across Europe. This article will address the role of GDPR, in force since May 2018, in data protection as well as its ability to harmonize pre-existent data protection laws across Europe. This article highlights also the role of data protection officers, who are key-players to the enforcement of the new GDPR, and their legal obligations.
Download or read book Data Protection Privacy Regulators and Supervisory Authorities written by Paul Lambert and published by Bloomsbury Publishing. This book was released on 2020-03-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Data Protection, Privacy Regulators and Supervisory Authorities explores and details the establishment, rules, and powers of data protection regulators and supervisory authorities. It also discusses rights issues (pursuing and defending) as well as the developing area of fines and contestability. Data protection and privacy are arguably the most significant developing areas of law and policy. New regulations span from the GDPR (EU) to the CCPA (California), and other new rules internationally. How the new data protection rules operate on a day-to-day basis is linked to the activities, functions and orders of data protection regulators and supervisory authorities. This brand new title includes coverage of: - The establishment and wider powers of the new data regulators - The new sanctions, orders, penalties and powers to enforce compliance - The new obligations to contact data regulators even before data collections - The detailed GDPR and DPA powers and requirements - Recent fines, penalties and case law including CJEU This book is essential for any entity dealing with the new data protection and privacy issues as no company, organisation nor their internal or external advisors, can ignore these new regulators, nor fully understand the new data protection and privacy compliance landscape without a detailed appreciation of these regulators.
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 217 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 Determann s Field Guide to Data Privacy Law written by Determann, Lothar and published by Edward Elgar Publishing. This book was released on 2022-01-11 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Companies, lawyers, privacy officers, compliance managers, as well as human resources, marketing and IT professionals are increasingly facing privacy issues. While plenty of information is freely available, it can be difficult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann’s Field Guide to Data Privacy Law comes into its own – identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change in international laws, technology and society
Download or read book European Data Protection In Good Health written by Serge Gutwirth and published by Springer Science & Business Media. This book was released on 2012-02-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Europe has a significant legal data protection framework, built up around EU Directive 95/46/EC and the Charter of Fundamental Rights, the question of whether data protection and its legal framework are ‘in good health’ is increasingly being posed. Advanced technologies raise fundamental issues regarding key concepts of data protection. Falling storage prices, increasing chips performance, the fact that technology is becoming increasingly embedded and ubiquitous, the convergence of technologies and other technological developments are broadening the scope and possibilities of applications rapidly. Society however, is also changing, affecting the privacy and data protection landscape. The ‘demand’ for free services, security, convenience, governance, etc, changes the mindsets of all the stakeholders involved. Privacy is being proclaimed dead or at least worthy of dying by the captains of industry; governments and policy makers are having to manoeuvre between competing and incompatible aims; and citizens and customers are considered to be indifferent. In the year in which the plans for the revision of the Data Protection Directive will be revealed, the current volume brings together a number of chapters highlighting issues, describing and discussing practices, and offering conceptual analysis of core concepts within the domain of privacy and data protection. The book’s first part focuses on surveillance, profiling and prediction; the second on regulation, enforcement, and security; and the third on some of the fundamental concepts in the area of privacy and data protection. Reading the various chapters it appears that the ‘patient’ needs to be cured of quite some weak spots, illnesses and malformations. European data protection is at a turning point and the new challenges are not only accentuating the existing flaws and the anticipated difficulties, but also, more positively, the merits and the need for strong and accurate data protection practices and rules in Europe, and elsewhere.
Download or read book The General Data Protection Regulation and the effective protection of data subjects rights in the online environment written by Mario Egbe Mpame and published by Nomos Verlag. This book was released on 2021-06-21 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nach einem umfassenden Überblick über die DSGVO untersucht diese Arbeit das neue Recht auf Vertretung, das in Art. 80 Abs. 1 DSGVO verankert ist. Dieses Recht ermöglicht es den betroffenen Personen, einen zuständigen Verband zu benennen, der ihre Durchsetzungsrechte ausübt, einschließlich des Rechts auf Entschädigung, vorausgesetzt, dass das Recht der Mitgliedstaaten dies zulässt. Da dieses Recht vom nationalen Recht abhängig ist, wird in dieser Arbeit untersucht, wie in den wichtigsten europäischen Gerichtsbarkeiten mit kollektiven Rechtsbehelfen gegen Massenschäden beim Datenschutz umgegangen wird, bevor ein Überblick über die allgemeine Situation in der EU und die damit verbundenen Herausforderungen gegeben wird.
Download or read book Effective Enforcement of Creditors Rights written by Masahisa Deguchi and published by Springer Nature. This book was released on 2021-11-27 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors’ assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors’ rights to an efficient enforcement with the debtors’ rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests. This book explores and compares how different legal systems approach these issues with a focus on the discovery of debtors’ assets, which is a common problem for enforcement and execution proceedings in almost every jurisdiction. This is the first book to compare enforcement proceedings around the world and presents a variety of information and country reports from leading experts from four continents. It represents the joint work of academic and legal authorities from Germany, Japan, Korea, France, the UK, Switzerland, Austria, Spain, Poland, Russia, Greece, North America, Taiwan, Brazil, Argentina, Chile, and the EU.
