Download or read book The Influence of the European Commission Data Privacy Directive on Third Countries and the Passenger Name Record Controversy written by Jonathan D. Mason and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: ABSTRACT: In an age when governments and businesses transfer personal data of individuals over the Internet, the U.S. and the European Union have tried to protect such data in different ways. Whereas the U.S. has sought to protect specific types of private data (such as health records and financial data), the European Union passed the 1995 Data Privacy Directive as a way to protect all private data. In the 1995 Data Directive, the European Union sought to protect the private data of European citizens within Europe and without. The Data Directive mandates that non-European Union countries must have adequate levels of data protection if they are to transfer private data in or out of Europe. The EU has allowed a handful of nations to transfer private data because the E.U. deemed their laws adequate in protecting private data. The challenge to the E.U. has been trying to work out the protection of private data with the U.S. An important area of contention over transferring private data has been the U.S. requirement since late 2001 that all airline carriers arriving or departing from the U.S. must provide the U.S. government with Passenger Name Records, a packet of data collected by the airlines that contains private data such contact information and financial information. The U.S. requires this information in order to screen passengers for security threats. In 2004, the U.S. and the EU had reached an agreement to transfer this data, but the European Court of Justice annulled this agreement and said that the EU could not use the 1995 Data Directive as a foundation for such an agreement. The Court of Justice gave the two sides until July 2007 to reach a new agreement. An agreement meeting the needs of both sides would protect the privacy of airline passengers while providing the U.S. with the data needed to combat terrorism and protect national security.
Download or read book The Politics of Data Transfer written by Yuko Suda and published by Routledge. This book was released on 2017-11-22 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Yuko Suda examines the Safe Harbor debate, the passenger name record (PNR) dispute, and the Society for Worldwide Interbank Financial Transactions (SWIFT) affair to understand the transfer of personal data from the European Union (EU) to the United States. She argues that the Safe Harbor, PNR, and SWIFT agreements were made to mitigate the potentially negative effects that may arise from the beyond-the-border reach of EU data protection rules or US counterterrorism regulation. A close examination of these high-profile cases would reveal how beyond-the-border reach of one jurisdiction’s regulation might affect another jurisdiction’s policy and what responses the affected jurisdiction possibly makes to manage the effects of such extraterritorial regulation. The Politics of Data Transfer adds another dimension to the study of transatlantic data conflicts by assuming that the cases exemplify not only the politics of data privacy but also the politics of extraterritorial regulation. A welcome and timely collection uncovering the evolution of and prospects for the politics of data privacy in the digitalized and interconnected world.
Download or read book None of Your Business written by Peter P. Swire and published by Rowman & Littlefield. This book was released on 2010-12-01 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The historic European Union Directive on Data Protection will take effect in October 1998. A key provision will prohibit transfer of personal information from Europe to other countries if they lack “adequate” protection of privacy. If enforced as written, the Directive could create enormous obstacles to commerce between Europe and other countries, such as the United States, that do not have comprehensive privacy statutes. In this book, Peter Swire and Robert Litan provide the first detailed analysis of the sector-by-sector effects of the Directive. They examine such topics as the text of the Directive, the tension between privacy laws and modern information technologies, issues affecting a wide range of businesses and other organizations, effects on the financial services sector, and effects on other prominent sectors with large transborder data flows. In light of the many and significant effects of the Directive as written, the book concludes with detailed policy recommendations on how to avoid a coming trade war with Europe. The book will be of interest to the wide range of individuals and organizations affected by the important new European privacy laws. More generally, the privacy clash discussed in the book will prove a major precedent for how electronic commerce and world data flows will be governed in the Internet Age.
Download or read book Ignoring Dissent and Legality written by Evelien Renate Brouwer and published by . This book was released on 2011 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: In February 2011, the European Commission published a proposal for a new Directive on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crimes. This proposal replaces an earlier draft of 2007 for a Framework Decision on the use of PNR data for law enforcement purposes. The new proposal does not seem to allay the earlier concerns of important stakeholders with regard to the 2007 proposal. Its content contradicts not only important principles of data protection as described by the Commission in November 2010, but also the principle of proportionality underlying EU law. This paper examines the extended purpose and (lack of) added value of this proposal. It also considers its relation to the Directive on advanced passenger information and PNR agreements between the EU and third countries, the lack of harmonisation and the consequences for the fundamental rights of individuals.
Download or read book Privacy and Border Controls in the Fight against Terrorism written by Elif Mendos Kuşkonmaz and published by BRILL. This book was released on 2021-03-15 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a legal analysis of sharing of passenger data from the EU to the US in light of the EU legal framework protecting individuals’ privacy and personal data.
Download or read book Report from the Commission written by European Commission and published by . This book was released on 2003 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Report from the Commission written by European Commission and published by . This book was released on 2003 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Implications of Pre emptive Data Surveillance for Fundamental Rights in the European Union written by Julia Wojnowska-Radzińska and published by BRILL. This book was released on 2023-07-24 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential question of how to strike the proper balance between fundamental rights and security interests in the digital age.
Download or read book Will Privacy Law in the 21st Century be American European Or International written by Philipp E. Fischer and published by GRIN Verlag. This book was released on 2012-02 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intermediate Examination Paper from the year 2010 in the subject Law - Comparative Legal Systems, Comparative Law, grade: befriedigend, Queen Mary University of London (Centre for Commercial Law Studies (CCLS)), course: International Studies in Intellectual Property Law (LL.M.) - End of first term dissertation, language: English, abstract: Rapidly developing technologies are providing new and very powerful means to sort, combine and analyse data. This data exists in a networked environment, thus personal information can be collected and processed on any computer on the Net and is, at least in theory, accessible by every computer on the Net. The development of the Internet has made it possible to transfer this data "around the globe at the click of a mouse". Fresh business models such as "cloud computing", the newest "driver to illustrate the speed and breadth of the environment", allow this data to be processed across national borders on a routine basis. Individuals and companies are "increasingly immersed in social networking, search technologies, online commerce and many other activities in which information about an individual is sent worldwide from one point to another". These activities became more and more borderless, because the Internet, as an open window to the world, blurs the lines between public and private space, firstly since globalisation and the outsourcing of economic actors entrain an ever growing exchange of personal data, additionally because of the security pressure in the name of the legitimate fight against terrorism opens the access to a significant number of data to an increasing number of public authorities and finally this is due the tools of the digital society accompany everyone at each stage of life by leaving permanently individual and borderless traces in both space and time. Therefore, calls of both the public and private sectors for an international legal framework for privacy and data protection have become louder. Privacy Com
Download or read book How International Law Works in Times of Crisis written by George Ulrich and published by Oxford University Press, USA. This book was released on 2019 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.
Download or read book The Global Reach of EU Law written by Elaine Fahey and published by Routledge. This book was released on 2016-08-25 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU strives to be a leading rule-making organisation with global reach in both economic and non-economic fields. But how should we understand the science behind this? This book focuses upon unpacking the uncertainty, the form and directions of the global reach of EU law, as a distinctive form of post-national rule-making. The work examines two central themes: the conceptual development of the global reach and effects of EU law; and the methodology of EU rule-making processes. It considers what specific impact and effects the EU’s rules are having, and its approach to global reach. The book studies the EU’s Area of Freedom, Security and Justice (AFSJ) as a case of a non-economic field offering examples of ways and means in which the global reach of EU law can manifest itself in an evolving and sensitive field. Using this casestudy, the book develops a sharper focus upon the ‘internal’ and ‘external’ elements of EU law which make up our understanding of the global reach of EU law and develops further why global reach is important as a scientific phenomenon. The book will be a valuable resource for researchers and students in the areas of EU law, global governance and the study of law beyond the nation state.
Download or read book Annual Report on the Situation Regarding the Protection of Individuals with Regard to the Processing of Personal Data and Privacy in the European Union and in Third Countries written by and published by . This book was released on 2004 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The EU as a Global Digital Actor written by Elaine Fahey and published by Bloomsbury Publishing. This book was released on 2022-09-08 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book-length treatment of the advancement of EU global data flows and digital trade through the framework of European institutionalisation. Drawing on case studies of EU-US, EU-Japan and EU-China relations it charts the theoretical and empirical approaches at play. It illustrates how the EU has pioneered high standards in data flows and how it engages in significant digital trade reforms, committed to those standards. The book marks a major shift in how institutionalisation and the EU should be viewed as it relates to two of the more extraordinary areas of global governance: trade and data flows. This significant book will be of interest to EU constitutional lawyers, as well as those researching in the field of IT and data law.
Download or read book Data Protection and Digital Sovereignty Post Brexit written by Edoardo Celeste and published by Bloomsbury Publishing. This book was released on 2023-09-07 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the promises of Brexit was to allow the UK to regain its legislative sovereignty from the EU. However, after Brexit, UK data protection law must remain in line with EU standards in order not to lose the adequacy status that allows personal data to be transferred from the EU. This circumstance generates tensions between the EU, which is committed to preserving its digital sovereignty by ensuring an adequate protection of personal data even beyond its borders, and the UK's ambition to become a champion of the digital economy by adopting an innovative and pro-business legislation in the digital field. The book analyses the latest legal and policy developments in this context, focusing on data protection but also exploring its intersection with other related regulatory areas, such as artificial intelligence and online safety. Renowned international experts contextualise current regulatory trends and policy proposals to understand whether a new UK model in the field of digital regulation is emerging and to what extent this will exacerbate existing tensions between the UK and the EU. The book includes an accessible and detailed analysis of the major judicial decisions, laws, and current bills offering an invaluable guide to academics, practitioners, and policymakers navigating the complex issues of cross-border data protection post-Brexit.
Download or read book Governing Cross Border Data Flows written by Svetlana Yakovleva and published by Oxford University Press. This book was released on 2024-02-27 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governing Cross-Border Data Flows explores how the European Union can simultaneously reconcile and pursue two important legal and policy objectives, namely: protecting fundamental rights guaranteed under the EU Charter of Fundamental Rights (EU Charter) concerning privacy and personal data, while also maintaining and developing a binding, rules-based global trading system to ensure appropriate access to foreign digital markets for EU businesses. The book demonstrates a significant conflict between international trade law and European data privacy law when it comes to the governance of cross-border flows of personal data. To resolve the tensions caused by this clash, the book proposes concrete and detailed ways to ameliorate the situation from both ends (international trade and personal data protection), specifically through reforms of both international trade and chapter V of the General Data Protection Regulation (GDPR). To explain how such reforms could be effectuated, Yakovleva examines the role of discourse in the evolution of trade law in the last two decades. The book also paves the way for the further research necessary to design a fully-fledged reform proposal of the EU framework for the transfer of personal data outside the European Economic Area.
Download or read book Tracing Terrorists The EU Canada Agreement in PNR Matters written by Peter Hobbing and published by CEPS. This book was released on 2008 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Administrative Law and Policy of the European Union written by Herwig C.H. Hofmann and published by Oxford University Press, USA. This book was released on 2011-10-27 with total page 1064 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive, detailed, and highly systematic treatment which both describes and critically analyses the administrative law and policy of the European Union.
