Navigating EU Privacy and Data Protection Laws

Author: W. Gregory Voss,Katherine Woodcock

Publisher: N.A

ISBN: 9781634251396

Category: Law

Page: 270

View: 494

This handbook presents various concepts for EU privacy and data protection law in a comprehensive manner, providing analysis of existing and practical advice on how to approach data policy compliance.
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Reforming European Data Protection Law

Author: Serge Gutwirth,Ronald Leenes,Paul de Hert

Publisher: Springer

ISBN: 9401793859

Category: Law

Page: 406

View: 9602

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.
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The Foundations of EU Data Protection Law

Author: Orla Lynskey

Publisher: Oxford University Press

ISBN: 0198718233

Category: Data protection

Page: 264

View: 4626

Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognized, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realize it.
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Data Protection and Privacy

The Age of Intelligent Machines

Author: Ronald Leenes,Rosamunde van Brakel,Serge Gutwirth,Paul De Hert

Publisher: Bloomsbury Publishing

ISBN: 150991935X

Category: Law

Page: 256

View: 8155

The subjects of Privacy and Data Protection are more relevant than ever with the European General Data Protection Regulation (GDPR) becoming enforceable in May 2018. 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 tenth annual International Conference on Computers, Privacy and Data Protection, CPDP 2017, held in Brussels in January 2017. The book explores Directive 95/46/EU and the GDPR moving from a market framing to a 'treaty-base games frame', the GDPR requirements regarding machine learning, the need for transparency in automated decision-making systems to warrant against wrong decisions and protect privacy, the riskrevolution in EU data protection law, data security challenges of Industry 4.0, (new) types of data introduced in the GDPR, privacy design implications of conversational agents, and reasonable expectations of data protection in Intelligent Orthoses. This interdisciplinary book was written while the implications of the General Data Protection Regulation 2016/679 were beginning to become clear. It discusses open issues, and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in computers, privacy and data protection.
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European Data Privacy Law and Online Business

Author: Christopher Kuner

Publisher: Oxford University Press, USA

ISBN: 9780199244232

Category: Science

Page: 322

View: 3479

EU data protection law is of great practical relevance for any company doing business in today's global information economy. This book provides a detailed and practical exposition of European data protection law in the context of the issues that arise in electronic commerce and dataprocessing. It analyses the relevant EU legislation and case-law, and makes particular reference to the EU Data Protection Directives as well as to the national regulatory systems in Europe and the US. Numerous examples are taken from practice, and advice is given on how the relevant data protectionlaws apply to and impact upon business in Europe, the US, and worldwide. Beginning with a detailed description of the legislative process, the book goes on to discuss the basic legal concepts underlying data protection law. It then focuses on how to determine whether EU law applies to particular electronic commerce and online activities, and how to transfer personal dataoutside Europe so as to comply with EU law. The book also includes a comprehensive analysis of how to deal with complex compliance challenges, including notification of databases, processing of employee data, privacy policies, and website compliance and standardization. The key legislative texts needed to deal with complex data protection issues are included in the appendices, along with forms and precedents, contact information for data protection authorities, and links to useful websites. The book is fully up-to-date with the amendments to the TelecommunicationsData Protection Directive passed in the summer of 2002.
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Data Protection: A Practical Guide to UK and EU Law

Author: Peter Carey

Publisher: OUP Oxford

ISBN: 019158035X

Category: Law

Page: 584

View: 1811

Now in its third edition, this invaluable handbook offers practical solutions to issues arising in relation to data protection law. It is fully updated and expanded to include coverage of all of the significant developments in the practice of data protection, and takes account of the wealth of guidance published by the Information Commissioner since the last edition. The third edition includes new material on the changes to the Commissioner's powers and new guidance from the Commissioner's office, coverage of new cases on peripheral aspects of data protection compliance and examples of enforcement, the new code on CCTV processing, the new employment code, clarification on the definition of "personal data", the binding corporate rules on the exemption to the export data ban and the new ICT set of model contractual provisions for data exports, and the proposed action by the EU against the UK for failing to implement the Data Protection Directive appropriately. There are new chapters on terminology and data security.
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Emerging Challenges in Privacy Law

Comparative Perspectives

Author: Normann Witzleb

Publisher: Cambridge University Press

ISBN: 1107041678

Category: Business & Economics

Page: 470

View: 4919

Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.
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Data Protection and Privacy Under Pressure

Transatlantic tensions, EU surveillance, and big data

Author: Gert Vermeulen,Eva Lievens

Publisher: Maklu

ISBN: 9046609103

Category:

Page: 341

View: 2622

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.
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EU General Data Protection Regulation (GDPR): An Implementation and Compliance Guide - Second edition

Author: ITGP Privacy Team

Publisher: IT Governance Ltd

ISBN: 1849289468

Category: Law

Page: 381

View: 7355

The updated second edition of the bestselling guide to the changes your organisation needs to make to comply with the EU GDPR. “The clear language of the guide and the extensive explanations, help to explain the many doubts that arise reading the articles of the Regulation.” Giuseppe G. Zorzino The EU General Data Protection Regulation (GDPR) will supersede the 1995 EU Data Protection Directive (DPD) and all EU member states’ national laws based on it – including the UK Data Protection Act 1998 – in May 2018. All organisations – wherever they are in the world – that process the personal data of EU residents must comply with the Regulation. Failure to do so could result in fines of up to €20 million or 4% of annual global turnover. This book provides a detailed commentary on the GDPR, explains the changes you need to make to your data protection and information security regimes, and tells you exactly what you need to do to avoid severe financial penalties. Product overview Now in its second edition, EU GDPR – An Implementation and Compliance Guide is a clear and comprehensive guide to this new data protection law, explaining the Regulation, and setting out the obligations of data processors and controllers in terms you can understand. Topics covered include: The role of the data protection officer (DPO) – including whether you need one and what they should do.Risk management and data protection impact assessments (DPIAs), including how, when and why to conduct a DPIA.Data subjects’ rights, including consent and the withdrawal of consent; subject access requests and how to handle them; and data controllers’ and processors’ obligations.International data transfers to “third countries” – including guidance on adequacy decisions and appropriate safeguards; the EU-US Privacy Shield; international organisations; limited transfers; and Cloud providers.How to adjust your data protection processes to transition to GDPR compliance, and the best way of demonstrating that compliance.A full index of the Regulation to help you find the articles and stipulations relevant to your organisation. New for the second edition: Additional definitions.Further guidance on the role of the DPO.Greater clarification on data subjects’ rights.Extra guidance on data protection impact assessments.More detailed information on subject access requests (SARs).Clarification of consent and the alternative lawful bases for processing personal data.New appendix: implementation FAQ. The GDPR will have a significant impact on organisational data protection regimes around the world. EU GDPR – An Implementation and Compliance Guide shows you exactly what you need to do to comply with the new law.
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Courts, Privacy and Data Protection in the Digital Environment

Author: Maja Brkan,Evangelia Psychogiopoulou

Publisher: Edward Elgar Publishing

ISBN: 1784718718

Category:

Page: 272

View: 8095

Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances – namely, what can I do if my data privacy rights are breached?
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Regulating Privacy

Data Protection and Public Policy in Europe and the United States

Author: Colin J. Bennett

Publisher: Cornell University Press

ISBN: 9780801480102

Category: Law

Page: 263

View: 3655

The information revolution has brought with it the technology for easily collecting personal information about individuals, a facility that inherently threatens personal privacy. Colin J. Bennett here examines political responses to the data protection issue in four Western democracies, comparing legislation that the United States, Britain, West Germany, and Sweden forged from the late 1960's to the 1980's to protect citizens from unwanted computer dissemination of personal information. Drawing on an extensive body of interviews and documentary evidence, Bennett considers how the four countries, each with different cultural traditions and institutions, formulated fair information policy. He finds that their computer regulatory laws are based on strikingly similar statutory principles, but that enforcement of these principles varies considerably: the United States relies on citizen initiative and judicial enforcement; Britain uses a registration system; Germany has installed an ombudsman; and Sweden employs a licensing system. Tracing the impact of key social, political, and technological factors on the ways different political systems have controlled the collection and communication of information, Bennett also deepens our understanding of policymaking theory. Regulating Privacy will be welcomed by political sciences--especially those working in comparative public policy, American politics, organization theory, and technology and politics--political economists, information systems analysts, and others concerned with issues of privacy.
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Privacy and Data Protection Law in Ireland

Author: Denis Kelleher

Publisher: Bloomsbury Publishing

ISBN: 1780432038

Category: Law

Page: 696

View: 3332

Privacy and Data Protection Law in Ireland covers relevant Irish legislation, in particular the Communications (Retention of Data) Act 2011 and the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.
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Consent in European Data Protection Law

Author: Eleni Kosta

Publisher: Martinus Nijhoff Publishers

ISBN: 9004232362

Category: Law

Page: 462

View: 7753

Against the background of European legal framework, this book offers a comprehensive analysis of the concept of consent in data protection, with a special focus on the field of electronic communications.
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Data Protection and Privacy: (In)visibilities and Infrastructures

Author: Ronald Leenes,Rosamunde van Brakel,Serge Gutwirth,Paul De Hert

Publisher: Springer

ISBN: 3319507966

Category: Law

Page: 295

View: 5749

This book features peer reviewed contributions from across the disciplines on themes relating to protection of data and to privacy protection. The authors explore fundamental and legal questions, investigate case studies and consider concepts and tools such as privacy by design, the risks of surveillance and fostering trust. Readers may trace both technological and legal evolution as chapters examine current developments in ICT such as cloud computing and the Internet of Things. Written during the process of the fundamental revision of revision of EU data protection law (the 1995 Data Protection Directive), this volume is highly topical. Since the European Parliament has adopted the General Data Protection Regulation (Regulation 2016/679), which will apply from 25 May 2018, there are many details to be sorted out. This volume identifies and exemplifies key, contemporary issues. From fundamental rights and offline alternatives, through transparency requirements to health data breaches, the reader is provided with a rich and detailed picture, including some daring approaches to privacy and data protection. The book will inform and inspire all stakeholders. Researchers with an interest in the philosophy of law and philosophy of technology, in computers and society, and in European and International law will all find something of value in this stimulating and engaging work.
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Privacy and Data Security Law Deskbook

Author: Lisa J. Sotto

Publisher: Aspen Publishers

ISBN: 9781454872597

Category: Law

Page: 1404

View: 9453

An essential compliance tool for every privacy officer and attorney involved in managing privacy and data security issues, Privacy and Cybersecurity Law Deskbook provides the thorough, practical, sector-specific guidance that helps you meet today's challenges and minimize the risk of data breaches that can damage a company's reputation. Written by one of the world's foremost legal practitioners in the field, Privacy and Cybersecurity Law Deskbook (formerly titled Privacy and Data Law Deskbook) has been updated in this Second Edition to include: Recent Federal Trade Commission, Securities and Exchange Commission, Department of Health and Human Services, and state enforcement actions for privacy and information security violations The Cybersecurity Act of 2015 Cybersecurity in corporate transactions The EU General Data Protection Regulation Key judgments rendered by the European Court of Justice, including the invalidation of the Safe Harbor and the EU Data Retention Directive 2006/24/EC The EU-U.S. Privacy Shield State student privacy laws Amendments to state breach notification laws The use of biometric and geolocation data for marketing purposes Modifications to the annual privacy notice requirement under the Gramm-Leach-Bliley Act Litigation regarding criminal background checks in the hiring process and compliance with the Fair Credit Reporting Act Analysis of recent trends and case law under the Video Privacy Protection Act on the Internet and in the mobile space Enforcement actions against entities under the Children's Online Privacy Protection Act. Keep Abreast of the Latest Developments to Identify to Comply with Privacy and Cybersecurity Laws-- Across the Country and Around the World. Only Privacy and Cybersecurity Law Deskbook makes it simple to: Comply with global data protection laws Navigate the various state-by-state breach notification requirements Keep completely current on emerging legal trends
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E-discovery and Data Privacy

A Practical Guide

Author: Catrien W. Noorda,Stefan Hanloser

Publisher: Kluwer Law International B.V.

ISBN: 9041133453

Category: Law

Page: 407

View: 7565

"This book deals with the dilemma faced by multinational corporations when a United States court demands discovery of ESI that is protected in other countries. In fine detail the authors cover the full spectrum of possible responses, from evaluating the comparative costs of legal sanctions in a variety of major global jurisdictions to recognizing when to avoid litigation entirely. The tone throughout is eminently practical, specifying the precise nature and degree of risk involved and offering optimal solutions to all the conflicts likely to arise. On the theoretical side, the rationales of both the US e-discovery model and data privacy laws (focusing on the European data protection directive) are clearly explained"--P. [4] of cover.
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Privacy and Data Protection Seals

Author: Rowena Rodrigues,Vagelis Papakonstantinou

Publisher: Springer

ISBN: 9462652287

Category: Law

Page: 155

View: 3212

The book presents timely and needed contributions on privacy and data protection seals as seen from general, legal, policy, economic, technological, and societal perspectives. It covers data protection certification in the EU (i.e., the possibilities, actors and building blocks); the Schleswig-Holstein Data Protection Seal; the French Privacy Seal Scheme; privacy seals in the USA, Europe, Japan, Canada, India and Australia; controversies, challenges and lessons for privacy seals; the potential for privacy seals in emerging technologies; and an economic analysis. This book is particularly relevant in the EU context, given the General Data Protection Regulation (GDPR) impetus to data protection certification mechanisms and the dedication of specific provisions to certification. Its coverage of practices in jurisdictions outside the EU also makes it relevant globally. This book will appeal to European legislators and policy-makers, privacy and data protection practitioners, certification bodies, international organisations, and academics. Rowena Rodrigues is a Senior Research Analyst with Trilateral Research Ltd. in London and Vagelis Papakonstantinou is a Senior Researcher at the Vrije Universiteit Brussel in Brussels.
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Data Localization Laws and Policy

The EU Data Protection International Transfers Restriction Through a Cloud Computing Lens

Author: W. Kuan Hon

Publisher: Edward Elgar Publishing

ISBN: 1786431971

Category:

Page: 488

View: 6936

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.
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Private Power, Online Information Flows and EU Law

Mind The Gap

Author: Angela Daly

Publisher: Bloomsbury Publishing

ISBN: 1509900640

Category: Law

Page: 184

View: 2410

This monograph examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users' autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users. Using a series of illustrative case studies, of Internet provision, search, mobile devices and app stores, and the cloud, the work demonstrates the gaps that currently exist in EU law and regulation. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failure can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses. Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, solutions from outside the system are proposed at the end of each case study. This study will appeal to EU competition lawyers and media lawyers.
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Data Protection in EU and US Criminal Cooperation

A Substantive Law Approach to the EU Internal and Transatlantic Cooperation in Criminal Matters Between Judicial and Law Enforcement Authorities

Author: Els De Busser

Publisher: Maklu

ISBN: 9046602729

Category: Political Science

Page: 473

View: 8729

The research in this doctoral thesis examines the protection of personal data in two relationships: between judicial and law enforcement authorities of the EU Member States (including Europol and Eurojust) on the one hand and the US on the other hand. The book provides answers to the central question as to whether the EU complies with her own standards of data protection in these internal relations, as well as in the transatlantic cooperation in criminal matters. The new framework decision on data protection in criminal matters that entered into force in early 2009 is a significant element in this study, alongside the agreement concluded between the EU and the US on the mutual assistance in criminal matters of which the entry into force is equally planned for 2009. The book also reflects on the policy proposals of the EU on justice and home affairs for the period of 2010-2014. [Siracusa Prizewinner - This book was awarded the 2014 Siracusa Prize of the International Association of Penal Law (AIDP-IAPL), Paris. The 2014 Siracusa Prize is delivered on the occasion of the XIXth International Congress of Penal Law, Rio de Janeiro Paris.]
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