Download or read book Trans Atlantic Data Privacy Relations as a Challenge for Democracy written by Dan Jerker B. Svantesson and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: I think you are misunderstanding the perceived problem here, Mr President. No one is saying that you broke any laws. We are just saying it is a little bit weird that you did not have to.' - John Oliver The Daily Show, 10 June 2013 'John Oliver formulated in this context the very question about the limits, about the use and abuse, of the law and of the state's power when it comes to global mass surveillance practices. Where does lie the 'thin red line' between the two legitimate yet seemingly competing interests: national security and privacy? ... The result we present to the reader might seem merely another book about the Snowden affaire and the fall of Safe Harbor, but these two have been (only) an inspiration. Our object of interest is the protection of data privacy in relations between Europe and Americas as a challenge for democracy, the rule of law and fundamental rights. ... The present book is very clearly an anthology - it is a compilation of diverse contributions, from different perspectives, within a broad topic. Our aim with this volume is to highlight a selection of particularly 'hot' questions within the topic of trans-Atlantic data privacy relations as they look at the end of 2016. ... In the final chapter, we draw out and highlight those themes we see emerging within the body of this work. We eventually attempt to suggest a few lessons de lege ferenda. - from the Preface by the editors 'Under the 'Lisbon Treaties', which are in force since 2009, the European Union regards itself as a distinct political entity, which is not a federation of Member States, but it is held together - as Luuk van Middelaar says - with a unique invisible glue". This connection is grounded with shared goals. One of them - expressed both in the Treaty on the Functioning of the European Union (Article 16) and in the Charter of Fundamental Rights of the European Union (Articles 7 and 8) is a unique obligation to protect personal data. Stating that everyone has the right to the protection of personal data concerning them the European Union feels obliged to observe how safe is the data both held in its territory and transferred outside thereof' - from the Foreword by Wojciech R. Wiewiórowski Assistant European Data Protection Supervisor 'Privacy and data protection are topics of international significance. While the EU-US relationship gets a great deal of attention there are also many crucial issues of a more global nature. This book includes contributors of international stature who deal with Snowden and Safe Harbour but also go beyond them to address some of the key topics affecting privacy at the international level. The topics are timely and the authors highly qualified and the book will be of interest to anyone interested in privacy and data protection law and policy.' - Dr Christopher Kuner Co-Director Brussels Privacy Hub Vrije Universiteit Brussel editor-in-chief International Data Privacy Law.
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 2023-03-31 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines extraterritoriality and transatlantic jurisdictional conflicts in data protection law, focusing on fundamental rights.
Download or read book Data Protection without Data Protectionism written by Tobias Naef and published by Springer Nature. This book was released on 2023-01-13 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book offers a new account on the legal conflict between privacy and trade in the digital sphere. It develops a fundamental rights theory with a new right to continuous protection of personal data and explores the room for the application of this new right in trade law. Replicable legal analysis and practical solutions show the way to deal with cross-border data flows without violating fundamental rights and trade law principles. The interplay of privacy and trade became a topic of worldwide attention in the wake of Edward Snowden’s revelations concerning US mass surveillance. Based on claims brought forward by the activist Maximilian Schrems, the ECJ passed down two high-profile rulings restricting EU-US data flows. Personal data is relevant for a wide range of services that are supplied across borders and restrictions on data flows therefore have an impact on the trade with such services. After the two rulings by the ECJ, it is less clear then ever how privacy protection and trade can be brought together on an international scale. Although it was widely understood that the legal dispute over EU-US data flows concerns the broad application of EU data protection law, it has never been fully explored just how far the EU’s requirements for the protection of digital rights go and what this means beyond EU-US data flows. This book shows how the international effects of EU data protection law are rooted in the EU Charter of Fundamental Rights and that the architecture of EU law demands that the Charter as primary EU law takes precedence over international law. The book sets out to solve the problem of how the EU legal data transfer regime must be designed to implement the EU’s extraterritorial fundamental rights requirements without violating the principles of the WTO’s law on services. It also addresses current developments in international trade law – the conclusion of comprehensive trade agreements – and offers suggestion for the design of data flow clauses that accommodate privacy and trade.
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 Between Truth and Power written by Julie E. Cohen and published by Oxford University Press. This book was released on 2019 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the relationships between legal institutions and political and economic transformation. It argues that as law is enlisted to help produce the profound economic and sociotechnical shifts that have accompanied the emergence of the informational economy, it is changing in fundamental ways.
Download or read book Privacy and the Role of International Law in the Digital Age written by Kinfe Yilma and published by Oxford University Press. This book was released on 2023-01-05 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of international law in securing privacy and data protection in the digital age. Driven mainly by the transnational nature of privacy threats involving private actors as well as States, calls are increasingly made for an âinternationalâ privacy framework to meet these challenges. Mapped against a flurry of global privacy initiatives, the book provides the first comprehensive analysis of the extent to which and whether international law attends to the complexities of upholding digital privacy. The book starts by exploring boundaries of international privacy law in upholding privacy and data protection in the digital ecosystem where threats to privacy are increasingly transnational, sophisticated and privatized. It then explores the potential of global privacy initiatives, namely Internet bills of rights, universalization of regional systems of data privacy protection, and the multi-level privacy discourse at the United Nations, in reimagining the normative contours of international privacy law. Having shown limitations of global privacy initiatives, the book proposes a pragmatic approach that could make international privacy law better-equipped in the digital age.
Download or read book Government Cloud Procurement written by Kevin McGillivray and published by Cambridge University Press. This book was released on 2021-12-16 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Government Cloud Procurement, Kevin McGillivray explores the question of whether governments can adopt cloud computing services and still meet their legal requirements and other obligations to citizens. The book focuses on the interplay between the technical properties of cloud computing services and the complex legal requirements applicable to cloud adoption and use. The legal issues evaluated include data privacy law (GDPR and the US regime), jurisdictional issues, contracts, and transnational private law approaches to addressing legal requirements. McGillivray also addresses the unique position of governments when they outsource core aspects of their information and communications technology to cloud service providers. His analysis is supported by extensive research examining actual cloud contracts obtained through Freedom of Information Act requests. With the demand for cloud computing on the rise, this study fills a gap in legal literature and offers guidance to organizations considering cloud computing.
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 Archives and Records written by Mikuláš Čtvrtník and published by Springer Nature. This book was released on 2023 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book addresses the protection of privacy and personality rights in public records, records management, historical sources, and archives; and historical and current access to them in a broad international comparative perspective. Considering the question "can archiving pose a security risk to the protection of sensitive data and human rights?", it analyses data security and presents several significant cases of the misuse of sensitive personal data, such as census data or medical records. It examines archival inflation and the minimisation and reduction of data in public records and archives, including data anonymisation and pseudonymisation, and the risks of deanonymisation and reidentification of persons. The book looks at post-mortem privacy protection, the relationship of the right to know and the right to be forgotten and introduces a specific model of four categories of the right to be forgotten. In its conclusion, the book presents a set of recommendations for archives and records management. Mikulas Ctvrtnik, Ph.D. visiting assistant professor at Charles University in Prague, and assistant professor at Jan Evangelista Purkyne University in Usti nad Labem. Author of several monographs, including Geschichte der Geschichtswissenschaft: Der tschechische Historiker Zdenek Kalista und die Tradition der deutschen Geistesgeschichte published in Germany; his latest book discusses intellectual history in the context of European historiography of the 19th and 20th centuries.
Download or read book The Trans Pacific Partnership written by Matthew Rimmer and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the impact of the Trans-Pacific Partnership [TPP] on intellectual property and trade. The book focuses upon the debate over copyright law, intermediary liability, and technological protection measures. The text examines the negotiations over trade mark law, cybersquatting, geographical indications and the plain packaging of tobacco products. It explores the debate over patent law and access to essential medicines, data protection and biologics, and the protection of trade secrets. In addition, the book investigates the treatment of Indigenous intellectual property, access to genetic resources, and plant breeders’ rights.
Download or read book EU Korea Security Relations written by Nicola Casarini and published by Routledge. This book was released on 2021-02-25 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an original examination of current European Union (EU)–Republic of Korea (ROK) security relations. It brings together analysis and original material on relations in the fields of Nuclear non-proliferation and disarmament, Cybersecurity and data-protection, Space policy and technology, and Preventive diplomacy and crisis management. These represent areas of particular interest to examine the extent to which the EU and ROK are able to successfully or otherwise cooperate. Relations between the EU and the ROK have been growing in quantity and quality over recent years. Alongside the economic dimension, the political and security elements of the relationship have shown promise for further collaboration between the two sides, not least within the context of North Korea’s nuclear threat and East Asia’s wider evolving security environment. All contributors are leading experts in their respective fields and each chapter is co-authored by a European and Korean expert for a balanced assessment. The volume will be essential reading for students, scholars and policy-makers interested in EU–Korea relations, EU foreign policy and security, Area studies, and, more broadly to EU politics studies, security studies, and international relations.
Download or read book Challenges of Democracy in the European Union and Its Neighbors written by Aylin Ünver Noi and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy, which protects freedom and citizens' rights more than any other regime, is in crisis today. In recent years, it has become exhausted in its European center and along its periphery. Citizen trust of the European Union's democratic institutions has been fading. The EU's "normative power" -- its ability to spread its norms and values to other states -- and its "soft power" -- its ability to attract others to its point of view -- are now seen as less likely to achieve the expected goals of spreading democracy within EU countries and creating a ring of well-governed states in neighboring countries. Democracy and its institutions need to adapt to these new challenges. Respected authors and experts offer fresh and creative answers to the challenges of democracy in the European Union and its neighboring countries by offering a transatlantic perspective.
Download or read book Crime Prevention and Justice in 2030 written by Helmut Kury and published by Springer Nature. This book was released on 2021-01-29 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes human rights and crime prevention challenges from the perspective of the 1948 Universal Declaration of Human Rights and the 2030 United Nations Sustainable Development Agenda, in particular its goal 16 on promoting peaceful, inclusive and just societies, the creation and development of which depend on the interplay between various secular and non-secular (f)actors. The book reflects on the implementation of these two legal instruments from a “back to the future” standpoint, that is, drawing on the wisdom of contributors to the 2030 Agenda from the past and present in order to offer a constructive inter-disciplinary and intergenerational approach. The book’s intended readership includes academics and educationists, criminal justice practitioners and experts, diplomats, spiritual leaders and non-governmental actors; its goal is to encourage them to pursue a socially and human rights oriented drive for “larger freedom,” which is currently jeopardized by adverse political currents.
Download or read book Research Handbook on Feminist Engagement with International Law written by Susan Harris Rimmer and published by Edward Elgar Publishing. This book was released on 2019 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: For almost 30 years, scholars and advocates have been exploring the interaction and potential between the rights and well-being of women and the promise of international law. This collection posits that the next frontier for international law is increasing its relevance, beneficence and impact for women in the developing world, and to deal with a much wider range of issues through a feminist lens.
Download or read book Accessorial Liability after Jogee written by Beatrice Krebs and published by Bloomsbury Publishing. This book was released on 2020-01-09 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: In R v Jogee [2016] UKSC 8, the UK Supreme Court fundamentally changed the law of accessorial liability when it decided that the principles of joint enterprise had been misinterpreted for over 30 years. The Court abolished the head of liability known as parasitic accessory liability and replaced it with (re-stated) principles of assisting and encouraging. The judgment, widely reported and hailed as a 'moment of genuine legal history', sent shock waves around England and Wales as well as other common law jurisdictions that still operate 'parasitic' or 'extended' joint enterprise principles, and raised the hopes of hundreds of prisoners here and elsewhere who had been convicted under joint enterprise. This collection examines Jogee, subsequent Court of Appeal decisions and case law from other jurisdictions that re-considered their own joint enterprise principles in the wake of Jogee. Its chapters are authored by scholars and practitioners, all experts in the area of complicity, but each with their own experiences and views on the issues under debate. The result is the first comprehensive analysis of the implications of Jogee. The present volume is not just a source of reference for academics and practitioners; its aim is more ambitious in that it seeks to chart the way forward and to suggest solutions to problems created by Jogee for criminal law theory and practice.
Download or read book After the Digital Tornado written by Kevin Werbach and published by Cambridge University Press. This book was released on 2020-07-23 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading technology scholars examine how networks powered by algorithms are transforming humanity, posing deep questions about power, freedom, and fairness. This title is also available as Open Access on Cambridge Core.
Download or read book Human Rights and Technological Change written by Michael Homberg and published by Wallstein Verlag. This book was released on 2022-05-25 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Über das Spannungsverhältnis zwischen Menschenrechten und modernen Technologien für die Zeit seit dem Zweiten Weltkrieg. Werkzeug der Unterdrückung oder Vehikel der Emanzipation? Moderne Technologien sind zu einem wichtigen Thema der Menschenrechtspolitik geworden. Überwachungstechnik, militärische Drohnen und digitale Datenanalysen stellen die internationale Menschenrechtsbewegung vor neue Herausforderungen. Gleichzeitig eröffnen diese Techniken auch neue Chancen, Menschenrechtsverletzungen zu dokumentieren, anzuprangern und ein zivilgesellschaftliches Engagement zu fördern. In diesem Band wird diese ambivalente Beziehung in historischer Perspektive analysiert. Gezeigt wird, wie die Verbreitung moderner Technologien die Menschenrechtspolitik herausforderte und unterstützte. Hervorgehoben werden dabei vier Schlüsselbereiche: 1. Entwicklungspolitik, allen voran bei Infrastrukturen und technischen Großprojekten, 2. Bevölkerungspolitik und demographisches Wissen, 3. Medien- und Kommunikationstechnologien und 4. die gesellschaftlichen Auswirkungen der Computerisierung. Indem diese Debatten für die Zeit nach 1945 nachgezeichnet werden, erhalten aktuelle Diskussionen über die Herausforderungen neuer technologischer Entwicklungen eine historische Dimension. Der Band erscheint vollständig in englischer Sprache. _____ The volume analyses the ambivalent relationship between human rights and modern technologies since 1945. Tools of suppression or agents of emancipation? Modern technologies have become a major subject of human rights policy. Surveillance technology, the military use of drones, and the possibilities of Big Data analysis pose new challenges for the international human rights movement. At the same time, these techniques offer new ways to document and denounce violations of human rights and to promote mass mobilization. The volume analyses this ambivalent relationship between human rights and technological change in a historical perspective. Showing how the spread of modern technologies both challenged and served human rights policies, the volume focuses on four key areas of technological change: 1) development politics, infrastructures and large technical systems, 2) population politics and demographical knowledge, 3) media cultures and communication technologies, and 4) the societal impact of computerization. By sketching these debates since 1945, the volume adds a historical perspective to current debates about the political and ethical challenges of new technological developments. The volume is published entirely in English.
