Navigating EU Privacy and Data Protection Laws

Author: W. Gregory Voss,Katherine Woodcock

Publisher: N.A

ISBN: 9781634251396

Category: Law

Page: 270

View: 8115

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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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The Foundations of EU Data Protection Law

Author: Orla Lynskey

Publisher: Oxford University Press

ISBN: 0198718233

Category: Data protection

Page: 264

View: 7821

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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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Reforming European Data Protection Law

Author: Serge Gutwirth,Ronald Leenes,Paul de Hert

Publisher: Springer

ISBN: 9401793859

Category: Law

Page: 406

View: 8224

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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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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: 738

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"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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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: 4916

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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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Data Protection: A Practical Guide to UK and EU Law

Author: Peter Carey

Publisher: OUP Oxford

ISBN: 019158035X

Category: Law

Page: 584

View: 2673

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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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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: 723

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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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European Data Privacy Law and Online Business

Author: Christopher Kuner

Publisher: Oxford University Press, USA

ISBN: 9780199244232

Category: Science

Page: 322

View: 7864

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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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Emerging Challenges in Privacy Law

Comparative Perspectives

Author: Normann Witzleb

Publisher: Cambridge University Press

ISBN: 1107041678

Category: Business & Economics

Page: 470

View: 7742

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Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.
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European Data Protection: Coming of Age

Author: Serge Gutwirth,Ronald Leenes,Paul de Hert,Yves Poullet

Publisher: Springer Science & Business Media

ISBN: 9400751702

Category: Law

Page: 440

View: 6568

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On 25 January 2012, the European Commission presented its long awaited new “Data protection package”. With this proposal for a drastic revision of the data protection framework in Europe, it is fair to say that we are witnessing a rebirth of European data protection, and perhaps, its passage from an impulsive youth to a more mature state. Technology advances rapidly and mobile devices are significantly changing the landscape. Increasingly, we carry powerful, connected, devices, whose location and activities can be monitored by various stakeholders. Very powerful social network sites emerged in the first half of last decade, processing personal data of many millions of users. Updating the regulatory network was imminent and the presentation of the new package will initiate a period of intense debate in which the proposals will be thoroughly commented upon and criticized, and numerous amendments will undoubtedly be proposed. This volume brings together some 19 chapters offering conceptual analyses, highlighting issues, proposing solutions, and discussing practices regarding privacy and data protection. In the first part of the book, conceptual analyses of concepts such as privacy and anonymity are provided. The second section focuses on the contrasted positions of digital natives and ageing users in the information society. The third section provides four chapters on privacy by design, including discussions on roadmapping and concrete techniques. The fourth section is devoted to surveillance and profiling, with illustrations from the domain of smart metering, self-surveillance and the benefits and risks of profiling. The book concludes with case studies pertaining to communicating privacy in organisations, the fate of a data protection supervisor in one of the EU member states and data protection in social network sites and online media. This volume brings together some 19 chapters offering conceptual analyses, highlighting issues, proposing solutions, and discussing practices regarding privacy and data protection. In the first part of the book, conceptual analyses of concepts such as privacy and anonymity are provided. The second section focuses on the contrasted positions of digital natives and ageing users in the information society. The third section provides four chapters on privacy by design, including discussions on roadmapping and concrete techniques. The fourth section is devoted to surveillance and profiling, with illustrations from the domain of smart metering, self-surveillance and the benefits and risks of profiling. The book concludes with case studies pertaining to communicating privacy in organisations, the fate of a data protection supervisor in one of the EU member states and data protection in social network sites and online media.
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