Data Protection Without Data Protectionism

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Data Protection without Data Protectionism

Author : Tobias Naef
Publisher : Springer Nature
ISBN 13 : 303119893X
Total Pages : 442 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Data Protection without Data Protectionism by : Tobias Naef

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.

Big Data and Global Trade Law

Author : Mira Burri
Publisher : Cambridge University Press
ISBN 13 : 110884359X
Total Pages : 407 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Big Data and Global Trade Law by : Mira Burri

Download or read book Big Data and Global Trade Law written by Mira Burri and published by Cambridge University Press. This book was released on 2021-07-29 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.

Governing Cross-Border Data Flows

Author : Svetlana Yakovleva
Publisher : Oxford University Press
ISBN 13 : 0192899260
Total Pages : 433 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Governing Cross-Border Data Flows by : Svetlana Yakovleva

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.

Data Protection and Privacy Under Pressure

Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 9046609103
Total Pages : 343 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Data Protection and Privacy Under Pressure by : Gert Vermeulen

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.

Data Protection Around the World

Author : Elif Kiesow Cortez
Publisher : Springer Nature
ISBN 13 : 9462654077
Total Pages : 279 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Data Protection Around the World by : Elif Kiesow Cortez

Download or read book Data Protection Around the World written by Elif Kiesow Cortez and published by Springer Nature. This book was released on 2020-11-20 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a snapshot of privacy laws and practices from a varied set of jurisdictions in order to offer guidance on national and international contemporary issues regarding the processing of personal data and serves as an up-to-date resource on the applications and practice-relevant examples of data protection laws in different countries. Privacy violations emerging at an ever-increasing rate, due to evolving technology and new lifestyles linked to an intensified online presence of ever more individuals, required the design of a novel data protection and privacy regulation. The EU General Data Protection Regulation (GDPR) stands as an example of a regulatory response to these demands. The authors included in this book offer an in-depth analysis of the national data protection legislation of various countries across different continents, not only including country-specific details but also comparing the idiosyncratic characteristics of these national privacy laws to the GDPR. Valuable comparative information on data protection regulations around the world is thus provided in one concise volume. Due to the variety of jurisdictions covered and the practical examples focused on, both academics and legal practitioners will find this book especially useful, while for compliance practitioners it can serve as a guide regarding transnational data transfers. Elif Kiesow Cortez is Senior Lecturer at the International and European Law Program at The Hague University of Applied Sciences in The Netherlands.

The Emergence of Personal Data Protection as a Fundamental Right of the EU

Author : Gloria González Fuster
Publisher : Springer Science & Business
ISBN 13 : 3319050230
Total Pages : 274 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis The Emergence of Personal Data Protection as a Fundamental Right of the EU by : Gloria González Fuster

Download or read book The Emergence of Personal Data Protection as a Fundamental Right of the EU written by Gloria González Fuster and published by Springer Science & Business. This book was released on 2014-04-28 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the coming into being in European Union (EU) law of the fundamental right to personal data protection. Approaching legal evolution through the lens of law as text, it unearths the steps that led to the emergence of this new right. It throws light on the right’s significance, and reveals the intricacies of its relationship with privacy. The right to personal data protection is now officially recognised as an EU fundamental right. As such, it is expected to play a critical role in the future European personal data protection legal landscape, seemingly displacing the right to privacy. This volume is based on the premise that an accurate understanding of the right’s emergence is crucial to ensure its correct interpretation and development. Key questions addressed include: How did the new right surface in EU law? How could the EU Charter of Fundamental Rights claim to render ‘more visible’ an invisible right? And how did EU law allow for the creation of a new right while ensuring consistency with existing legal instruments and case law? The book first investigates the roots of personal data protection, studying the redefinition of privacy in the United States in the 1960s, as well as pioneering developments in European countries and in international organisations. It then analyses the EU’s involvement since the 1970s up to the introduction of legislative proposals in 2012. It grants particular attention to changes triggered in law by language and, specifically, by the coexistence of languages and legal systems that determine meaning in EU law. Embracing simultaneously EU law’s multilingualism and the challenging notion of the untranslatability of words, this work opens up an inspiring way of understanding legal change. This book will appeal to legal scholars, policy makers, legal practitioners, privacy and personal data protection activists, and philosophers of law, as well as, more generally, anyone interested in how law works.

Artificial Intelligence and International Economic Law

Author : Shin-yi Peng
Publisher : Cambridge University Press
ISBN 13 : 1108957153
Total Pages : 365 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Artificial Intelligence and International Economic Law by : Shin-yi Peng

Download or read book Artificial Intelligence and International Economic Law written by Shin-yi Peng and published by Cambridge University Press. This book was released on 2021-10-14 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Artificial intelligence (AI) technologies are transforming economies, societies, and geopolitics. Enabled by the exponential increase of data that is collected, transmitted, and processed transnationally, these changes have important implications for international economic law (IEL). This volume examines the dynamic interplay between AI and IEL by addressing an array of critical new questions, including: How to conceptualize, categorize, and analyze AI for purposes of IEL? How is AI affecting established concepts and rubrics of IEL? Is there a need to reconfigure IEL, and if so, how? Contributors also respond to other cross-cutting issues, including digital inequality, data protection, algorithms and ethics, the regulation of AI-use cases (autonomous vehicles), and systemic shifts in e-commerce (digital trade) and industrial production (fourth industrial revolution). This title is also available as Open Access on Cambridge Core.

Transatlantic Data Protection in Practice

Author : Rolf H. Weber
Publisher : Springer
ISBN 13 : 3662554305
Total Pages : 162 pages
Book Rating : 4.6/5 (625 download)

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Book Synopsis Transatlantic Data Protection in Practice by : Rolf H. Weber

Download or read book Transatlantic Data Protection in Practice written by Rolf H. Weber and published by Springer. This book was released on 2017-10-10 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers guidance for US-based IT businesses on both sides of the Atlantic when dealing with big data and government data, since transatlantic data flows are key to the success of these enterprises. It offers practical insights into many of the data-protection challenges US companies in various industries face when seeking to comply with US and EU data-protection laws, and analyses the potential conflicts in the light of their risks and the way in which US-based cloud providers react to the uncertainties of the applicable data-protection rules. The book particularly focuses on the insights derived from a qualitative study conducted in 2016 with various cloud-based IT businesses in the Silicon Valley area, which shows the diversity of views on data protection and the many approaches companies take to this topic. Further, it discusses key data-protection issues in the field of big data and government data.

EU Data Protection and the GDPR

Author : Daniel J. Solove
Publisher : Aspen Publishing
ISBN 13 : 1543832644
Total Pages : 196 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis EU Data Protection and the GDPR by : Daniel J. Solove

Download or read book EU Data Protection and the GDPR written by Daniel J. Solove and published by Aspen Publishing. This book was released on 2020-11-23 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developed from the casebook Information Privacy Law, this short paperback contains key cases and materials focusing on privacy issues related to the GDPR and data protection in the European Union. Topics covered include the GDPR, Schrems cases, the right to be forgotten, and international data transfers. This book is designed for use in courses and seminars on: Comparative and international law EU law Privacy law Information law Consumer law Topics covered include: GDPR Schrems I and Schrems II cases The right to be forgotten International data transfers, including an account of the rise and fall of the Privacy Shield European Court of Human Rights cases European Court of Justice cases Comparative analysis of EU and US privacy law

EU Personal Data Protection in Policy and Practice

Author : Bart Custers
Publisher : T.M.C. Asser Press
ISBN 13 : 9789462652811
Total Pages : 249 pages
Book Rating : 4.6/5 (528 download)

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Book Synopsis EU Personal Data Protection in Policy and Practice by : Bart Custers

Download or read book EU Personal Data Protection in Policy and Practice written by Bart Custers and published by T.M.C. Asser Press. This book was released on 2019-03-08 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the protection of personal data is compared for eight EU member states,namely France, Germany, the United Kingdom, Ireland, Romania, Italy, Sweden andthe Netherlands. The comparison of the countries is focused on government policiesfor the protection of personal data, the applicable laws and regulations, implementationof those laws and regulations, and supervision and enforcement. Although the General Data Protection Regulation (GDPR) harmonizes the protectionof personal data across the EU as of May 2018, its open norms in combination withcultural differences between countries result in differences in the practical implementation,interpretation and enforcement of personal data protection. With its focus on data protection law in practice, this book provides indepth insightsinto how different countries deal with data protection issues. The knowledge and bestpractices from these countries provide highly relevant material for legal professionals,data protection officers, policymakers, data protection authorities and academicsacross Europe. Bart Custers is Associate Professor and Director of Research at the Center for Law andDigital Technologies of the Leiden Law School at Leiden University, the Netherlands.Alan M. Sears, Francien Dechesne, Ilina Georgieva and Tommaso Tani are all affiliated tothat same organization, of which Professor Simone van der Hof is the General Director.

Data Protection in the Internet

Author : Dário Moura Vicente
Publisher : Springer Nature
ISBN 13 : 3030280497
Total Pages : 540 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Data Protection in the Internet by : Dário Moura Vicente

Download or read book Data Protection in the Internet written by Dário Moura Vicente and published by Springer Nature. This book was released on 2019-12-01 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies and explains the different national approaches to data protection – the legal regulation of the collection, storage, transmission and use of information concerning identified or identifiable individuals – and determines the extent to which they could be harmonised in the foreseeable future. In recent years, data protection has become a major concern in many countries, as well as at supranational and international levels. In fact, the emergence of computing technologies that allow lower-cost processing of increasing amounts of information, associated with the advent and exponential use of the Internet and other communication networks and the widespread liberalization of the trans-border flow of information have enabled the large-scale collection and processing of personal data, not only for scientific or commercial uses, but also for political uses. A growing number of governmental and private organizations now possess and use data processing in order to determine, predict and influence individual behavior in all fields of human activity. This inevitably entails new risks, from the perspective of individual privacy, but also other fundamental rights, such as the right not to be discriminated against, fair competition between commercial enterprises and the proper functioning of democratic institutions. These phenomena have not been ignored from a legal point of view: at the national, supranational and international levels, an increasing number of regulatory instruments – including the European Union’s General Data Protection Regulation applicable as of 25 May 2018 – have been adopted with the purpose of preventing personal data misuse. Nevertheless, distinct national approaches still prevail in this domain, notably those that separate the comprehensive and detailed protective rules adopted in Europe since the 1995 Directive on the processing of personal data from the more fragmented and liberal attitude of American courts and legislators in this respect. In a globalized world, in which personal data can instantly circulate and be used simultaneously in communications networks that are ubiquitous by nature, these different national and regional approaches are a major source of legal conflict.

Data Protection Implementation Guide

Author : Brendan Quinn
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403529016
Total Pages : 463 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Data Protection Implementation Guide by : Brendan Quinn

Download or read book Data Protection Implementation Guide written by Brendan Quinn and published by Kluwer Law International B.V.. This book was released on 2021-09-02 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: The complexities of implementing the General Data Protection Regulation (GDPR) continue to grow as it progresses through new and ever-changing technologies, business models, codes of conduct, and decisions of the supervisory authorities, and the courts. This eminently practical guide to implementing the GDPR – written in an original, problem-solving style by a highly experienced data protection expert with equal knowledge of both law and technology – provides a step-by-step project management approach to building a GDPR-compliant data protection system, assessing, and documenting the risks and then implementing these changes through processes at the operational level. With detailed attention to case law (Member State, ECJ, and ECHR), especially where affecting high-risk areas that have attracted scrutiny, the guidance proceeds systematically through such topics and issues as the following: required documentation, policies, and procedures; risk assessment tools and analysis frameworks; children’s data; employee and health data; international transfers post-Schrems II; data subject rights including the right of access; data retention and erasure; tracking and surveillance; and effects of technologies such as artificial intelligence, biometrics, and machine learning. With its practical examples derived from the author’s experience in building GDPR-compliant software, as well as its analysis of case law and enforcement priorities, this incomparable guide enables company data protection officers and compliance staff to advise on key issues with full awareness of the legal and reputational risks and how to mitigate them. It is also sure to be of immeasurable value to concerned regulators and policymakers at all government levels. “…it's going to be the go to resource for practitioners.” Tom Gilligan, Data Protection Consultant, September 2021 "I purchased this book recently and I’m very glad I did. It’s the textbook I have been waiting for. As someone relatively new to data protection, I was finding it very difficult to find books on the practical side of data protection. This book is very clearly laid out with practical examples and case law given for each topic, which is immensely helpful. I would recommend it to any data protection practitioners." Jennifer Breslin, LLM CIPP/E, AIPP Member

Data Protection in a Profiled World

Author : Serge Gutwirth
Publisher : Springer Science & Business Media
ISBN 13 : 9789048188659
Total Pages : 334 pages
Book Rating : 4.1/5 (886 download)

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Book Synopsis Data Protection in a Profiled World by : Serge Gutwirth

Download or read book Data Protection in a Profiled World written by Serge Gutwirth and published by Springer Science & Business Media. This book was released on 2010-08-03 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most challenging issues facing our current information society is the accelerating accumulation of data trails in transactional and communication systems, which may be used not only to profile the behaviour of individuals for commercial, marketing and law enforcement purposes, but also to locate and follow things and actions. Data mining, convergence, interoperability, ever- increasing computer capacities and the extreme miniaturisation of the hardware are all elements which contribute to a major contemporary challenge: the profiled world. This interdisciplinary volume offers twenty contributions that delve deeper into some of the complex but urgent questions that this profiled world addresses to data protection and privacy. The chapters of this volume were all presented at the second Conference on Privacy and Data Protection (CPDP2009) held in Brussels in January 2009 (www.cpdpconferences.org). The yearly CPDP conferences aim to become Europe’s most important meeting where academics, practitioners, policy-makers and activists come together to exchange ideas and discuss emerging issues in information technology, privacy and data protection and law. This volume reflects the richness of the conference, containing chapters by leading lawyers, policymakers, computer, technology assessment and social scientists. The chapters cover generic themes such as the evolution of a new generation of data protection laws and the constitutionalisation of data protection and more specific issues like security breaches, unsolicited adjustments, social networks, surveillance and electronic voting. This book not only offers a very close and timely look on the state of data protection and privacy in our profiled world, but it also explores and invents ways to make sure this world remains a world we want to live in.

Data Protection on the Move

Author : Serge Gutwirth
Publisher : Springer
ISBN 13 : 9401773769
Total Pages : 476 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Data Protection on the Move by : Serge Gutwirth

Download or read book Data Protection on the Move written by Serge Gutwirth and published by Springer. This book was released on 2016-01-09 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together papers that offer methodologies, conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the eight annual International Conference on Computers, Privacy, and Data Protection, CPDP 2015, held in Brussels in January 2015. The book explores core concepts, rights and values in (upcoming) data protection regulation and their (in)adequacy in view of developments such as Big and Open Data, including the right to be forgotten, metadata, and anonymity. It discusses privacy promoting methods and tools such as a formal systems modeling methodology, privacy by design in various forms (robotics, anonymous payment), the opportunities and burdens of privacy self management, the differentiating role privacy can play in innovation. The book also discusses EU policies with respect to Big and Open Data and provides advice to policy makers regarding these topics. Also attention is being paid to regulation and its effects, for instance in case of the so-called ‘EU-cookie law’ and groundbreaking cases, such as Europe v. Facebook. This interdisciplinary book was written during what may turn out to be the final stages of the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission. It discusses open issues and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.

Data Protection and Privacy: (In)visibilities and Infrastructures

Author : Ronald Leenes
Publisher : Springer
ISBN 13 : 3319507966
Total Pages : 295 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Data Protection and Privacy: (In)visibilities and Infrastructures by : Ronald Leenes

Download or read book Data Protection and Privacy: (In)visibilities and Infrastructures written by Ronald Leenes and published by Springer. This book was released on 2017-02-07 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Quest for Security

Author : Joseph Stiglitz
Publisher : Columbia University Press
ISBN 13 : 0231156863
Total Pages : 434 pages
Book Rating : 4.2/5 (311 download)

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Book Synopsis The Quest for Security by : Joseph Stiglitz

Download or read book The Quest for Security written by Joseph Stiglitz and published by Columbia University Press. This book was released on 2013-04-30 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some have suggested that the turmoil in the eurozone "proves" the deficiencies in the welfare state. This book argues that the superior performance of the Scandinavian countries arises from their superior systems of social protection, which allow their citizens to undertake greater risk and more actively participate in globalization. Others suggest that we can address terrorism or transnational crimes through the strengthening of borders or long distance wars. This book develops the proposition that such approaches have the opposite effect and that only through spreading the kind of human security experienced in well-ordered societies can these dangers be managed. This book also examines how these global changes play out not only in the relations among countries and the management of globalization but at every level of our society--

Determann’s Field Guide To Data Privacy Law

Author : Lothar Determann
Publisher : Edward Elgar Publishing
ISBN 13 : 1789906199
Total Pages : 280 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Determann’s Field Guide To Data Privacy Law by : Lothar Determann

Download or read book Determann’s Field Guide To Data Privacy Law written by Lothar Determann and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Companies, lawyers, privacy officers, compliance managers, as well as human resources, marketing and IT professionals are increasingly facing privacy issues. While information on privacy topics is freely available, it can be diffcult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann’s Field Guide to Data Privacy Law comes into its own – identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change in international laws, technology and society.