Download or read book The Committee s Opinion on the European Union Data Protection Framework Proposals written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2012-11 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Government Response to Justice Select Committee s Opinion on the European Union Data Protection Framework Proposals written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2013-01-11 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dated January 2013. Response to Committee's third report of session 2012-13 (HC 572, ISBN 9780215049759)

Download or read book Handbook on European data protection law written by Council of Europe and published by Council of Europe. This book was released on 2018-04-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.

Download or read book Data Protection and Privacy written by Dara Hallinan and published by Bloomsbury Publishing. This book was released on 2020-01-23 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subjects of this volume are more relevant than ever, especially in light of the raft of electoral scandals concerning voter profiling. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the twelfth annual International Conference on Computers, Privacy and Data Protection, CPDP, held in Brussels in January 2019. The book explores the following topics: dataset nutrition labels, lifelogging and privacy by design, data protection iconography, the substance and essence of the right to data protection, public registers and data protection, modelling and verification in data protection impact assessments, examination scripts and data protection law in Cameroon, the protection of children's digital rights in the GDPR, the concept of the scope of risk in the GDPR and the ePrivacy Regulation. This interdisciplinary book has been written at a time when the scale and impact of data processing on society – not only on individuals, but also on social systems – is becoming ever starker. It discusses open issues as well as daring and prospective approaches, and will serve as an insightful resource for readers with an interest in computers, privacy and data protection.

Download or read book Passenger Name Records in the Framework of EU Principles of Data Protection written by Antonio Boscarino and published by GRIN Verlag. This book was released on 2019-08-27 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2018 in the subject Politics - International Politics - Topic: European Union, , language: English, abstract: The aim of this work is to describe the framework of data protection principles within EU law. It will be described how the right to privacy and data protection have been evolving since their birth and how they became fundamental rights that need to be balanced with other crucial interests of the Union, namely, national or public security, with special regard to Passenger Name Records (PNR). A passenger name record consists in a set of data elements which concern each airline passenger's travel itinerary, such as the number and method of reservation , home address, email address, timestamped IP address, mobile and phone numbers, emergency contacts, travel details, payment methods, Frequent Flyer Numbers, and even other billing information as meals or services required by the passengers. In the first chapter it will be pointed out: at first, how the right to privacy was firstly debated within the domestic law of the United States; secondly, which international organizations laid down principles dedicated to the right to respect for private and family life; eventually, how the European Union created a comprehensive set of data protection laws safeguarding data subjects' rights. In this regard, there will be analysed also the most relevant principles of the former Directive 95/46/EC1 and the process that brought into the adoption of the General Data Protection Regulation. Within the first chapter there will be also examined the most remarkable judgements given by the European Court of Justice, which established several benchmarks for the right to data protection, such as "Lindqvist" Case, "Google Spain", and "Schrems" Regulation 2016/679 will be the main object of the first chapter, as far as it represents nowadays a set of rules that put data subjects' rights at the core of the discipline set out for data protection. The final purpose of the first chapter is to explain the most relevant concepts and definitions of data protection. Understanding such principles is necessary to analyse appropriately the second and third chapter. The third chapter will deal with the international agreements regarding "Passenger Name Record" that have been adopted by the EU with third countries. There will be even observed the main characteristics of "Passenger Name Records" pointing out how they were perceived, at first, as commercial records and when they became useful for purposes of preventing terrorist offences and other serious crimes.

Download or read book Consent in European Data Protection Law written by Eleni Kosta and published by Martinus Nijhoff Publishers. This book was released on 2013-03-21 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, consent is a fundamental concept in the European legal framework on data protection. The analysis of the historical and theoretical context carried out in this book reveals that consent was not an intrinsic notion in the birth of data protection. The concept of consent was included in data protection legislation in order to enhance the role of the data subject in the data protection arena, and to allow the data subject to have more control over the collection and processing of his/her personal information. This book examines the concept of consent and its requirements in the Data Protection Directive, taking into account contemporary considerations on bioethics and medical ethics, as well as recent developments in the framework of the review of the Directive. It further studies issues of consent in electronic communications, carrying out an analysis of the consent-related provisions of the ePrivacy Directive.

Download or read book The ABC of European Union Law written by Klaus-Dieter Borchardt and published by Office for Official Publications of the European Communities. This book was released on 2010 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Law Policy and the Internet written by Lilian Edwards and published by Bloomsbury Publishing. This book was released on 2018-11-29 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Emerging Challenges in Privacy Law written by Normann Witzleb and published by Cambridge University Press. This book was released on 2014-04-17 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.

Download or read book Thirty first Report of Session 2012 13 written by Great Britain: Parliament: House of Commons: European Scrutiny Committee and published by The Stationery Office. This book was released on 2013-02-18 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Functions Powers and Resources of the Information Commissioner written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2013-03-21 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Administrative redress written by Great Britain: Law Commission and published by Editions de l'Atelier. This book was released on 2010-05-26 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this report the Law Commission sets out conclusions from its review of administrative redress in public and private law following consultation (Law Commission consultation paper 187, 2008, ISBN 9780118404532). The aim of the Commission's review was to consider when and how individuals should be able to obtain redress against public bodies that have acted in a substandard way. The report discusses individuals' access to remedies through the courts, as well as through avenues outside the court system, such as the public sector ombudsmen. In examining court-based remedies, the Commission concludes that there are good arguments for reform but, given the level of opposition to its earlier proposals and the absence of available data on the costs of compensation paid by public bodies, work will not be taken forward on reviewing this area of the law. The report does, however, recommend that government should establish a process for collecting and publishing information on the cost of public compensation. The Commission is taking forward its review of the public sector ombudsmen, following a favourable response to its proposals. The scope of the review will be extended and include suggestions for improving citizens' access to the public sector ombudsmen, and increasing the powers of ombudsmen to refer points of law to the courts. The Commission will consult on its proposals for reform of public sector ombudsmen later in 2010 and expects to make final recommendations to government the following year.

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 604 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 House of Commons European Scrutiny Committee Reforming the European Scrutiny Process in the House of Commons Volume I HC 109 I written by Great Britain: Parliament: House of Commons: European Scrutiny Committee and published by The Stationery Office. This book was released on 2013-11-28 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: The depth and pace of EU integration has demonstrated the need for effective democratic parliamentary scrutiny and accountability of Government at Westminster. This is the first major inquiry into the European scrutiny system in the House of Commons for eight years. There is more that the Committee could do to look at the impact of new proposals. There should be a new requirement to appoint ’Reporters' to take the lead within Committees on EU issues, as well as a more coordinated approach to the Commission Work Programme. Whilst the system need not be scrapped as some have said, it must be enhanced. Many problems arise from the fact that new Members are appointed for each document. The Committee argues forcefully for a return to the permanent membership system, new powers and a change of name to reflect the Committees' core purpose: EU Document Debate Committees. The Committee also examined how EU business is taken on the floor of the House, and the procedures which apply to it. They set out a series of recommendations about the way debates are scheduled and conducted and put the case for a new session of ’EU Questions'. They also review working practices and the visibility of the House's scrutiny of the EU in the media. It concluded that now is the time to propose the introduction of a form of national veto over EU legislative proposals, and then to explore the mechanics of disapplication of parts of existing EU obligations, notwithstanding the European Communities Act 1972

Download or read book Europol written by Great Britain. Parliament. House of Lords. European Union Committee and published by The Stationery Office. This book was released on 2008 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the 29th report of the European Union Committee from the 2007-08 session (HLP 183, ISBN 9780104013700) and looks at Europol (the European Police Office) and its efforts in coordinating the fight against serious and organised crime. Europol began in 1999 and will, by 2010 be established as an agency of the EU. The Council Decision bringing about this change in its constitution has made some amendments to its powers, working methods and governance, but in the Committee's view represents a missed opportunity. The Committee finds it is a matter of concern that four-fifths of the information exchanged by national liaison officers stationed at Europol is exchanged without actually going through Europol and is therefore not added to Europol's database. Member States are reluctant to share sensitive information. The Committee believes that Member States should station at Europol only officers and officials with a high security clearance. A success for Europol has been the analysis of information to help investigate particular caregories of crime and following the UK's influence in focusing on organised crime in particular. The Committee believes that other Member States need to be persuaded on the importance of planning for future threats. The Committee also believes that the existing structure for the governance and management of Europol could be enhanced by clarifying the respective duties of the Director and Management Board. Further, the Committee states that if the Treaty of Lisbon came into force, accountability of Europol to the European Parliament and national parliaments would improve.

Download or read book The Law Economics and Politics of International Standardisation written by Panagiotis Delimatsis and published by Cambridge University Press. This book was released on 2015-12-11 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era of increased reliance on private regulatory bodies and globalised economic activity, standardisation is the field where politics, technical expertise and strategic behaviour meet and interact. International standard-setting bodies exemplify the rise of transnational governance and the challenges that it brings about relating to institutional choice, legitimacy, procedural and substantive fairness or transparency. This book takes a more empirical-based approach focusing on the mechanics of international standard-setting. It constitutes a multidisciplinary inquiry into the foundations of international standard-setting, an empirically under-researched yet important area of international informal lawmaking. Contributors expertly examine the peculiarities of international standardisation in selected issue-areas and legal orders and shed light on the attributes of international standard-setters, allowing comparisons among standard-setting bodies with a view to identifying best practices and improve our understanding about standardisation processes.

Download or read book European Homeland Security written by Christian Kaunert and published by Routledge. This book was released on 2012-05-04 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the processes and factors shaping the development of homeland security policies in the European Union (EU), within the wider context of European integration. The EU functions in a complex security environment, with perceived security threats from Islamist terrorists, migration and border security issues, and environmental problems. In order to deal with these, the EU has undertaken a number of actions, including the adoption of the European Security Strategy in 2003, the Information Management Strategy of 2009, and the Internal Security Strategy of 2010. However, despite such efforts to achieve a more concerted European action in the field of security, there are still many questions to be answered about whether the European approach is really a strategic one. European Homeland Security addresses two major debates in relation to the development of homeland security in Europe. First, it reflects on the absence of ‘homeland security’ in European political debate and its potential consequences. Second, it examines the significant policy developments in the EU that suggest the influence of homeland security ideas, notably through policy transfer from the United States. The book will be of great interest to students of European security and EU politics, terrorism and counter-terrorism, security studies and IR.