Protection Of Natural Persons With Regard To Automated Individual Decision Making In The Gdpr

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Protection of Natural Persons with Regard to Automated Individual Decision-Making in the GDPR

Author : Aleksandra Drożdż
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520515
Total Pages : 272 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Protection of Natural Persons with Regard to Automated Individual Decision-Making in the GDPR by : Aleksandra Drożdż

Download or read book Protection of Natural Persons with Regard to Automated Individual Decision-Making in the GDPR written by Aleksandra Drożdż and published by Kluwer Law International B.V.. This book was released on 2020-03-09 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, algorithms regulate our lives. Personal data is routinely processed on an unprecedented scale in both private and public sectors. This shift from more subjective and less structured human decision-making processes to automated ones has provoked numerous concerns with regard to the rights and freedoms of natural persons affected. In particular, those attached to profiling that can lead to discrimination influencing crucial opportunities of individuals, such as the ability to obtain credit, insurance, education, a job or even medical treatment. To the extent that automated individual decision-making is based on personal data, in the European Union it is subject to the General Data Protection Regulation. The author examines whether this legislative act affords sufficient protection of natural persons with regard to such processing, identifying the loopholes that hinder or prevent its efficacy and the de lege lata rules and de lege ferenda postulates that could provide individuals with effective protection in relation to automated individual decision-making. She provides an in-depth analysis of such aspects as the following: the GDPR’s background, terminology and material and territorial scope of application; key concerns regarding automated individual decision-making; specific and general provisions of the GDPR relevant to protection of natural persons with regard to automated individual decision-making; special and general rights of the data subject relevant to automated individual decision-making provided for in the GDPR; key limitations to algorithmic transparency; how profiling can create special categories of personal data by inference from ‘ordinary’ personal data; and how the version of reality derived from personal data is often at least partially inaccurate. To interpret the rules of the GDPR, the analysis draws on the travaux préparatoires, case law of the Court of Justice of the European Union and national courts that concerns the previous Data Protection Directive, guidelines and opinions of the Article 29 Working Party and the European Data Protection Board, various reports and recommendations and numerous academic writings. In its consideration of some of the most controversial issues in the realm of personal data protection – issues whose role in the information society will grow rapidly – this book represents a major contribution to research and legal guidance at the confluence of law and new technologies concerning algorithmic accountability. Policymakers, regulators and lawyers active in the ongoing development of personal data protection law will become knowledgeable about interpretations and guidelines formulated by European data protection authorities, as well as examples and best practices in the field. Moreover practitioners will find the implementation of automated individual decision-making systems in accordance with the GDPR greatly facilitated. The analysis will assist data protection authorities and judicature in assessing such systems and interpreting the GDPR framework with regard to protection of natural persons in the years to come.

Protection of Natural Persons with Regard to Automated Individual Decision-Making in the Gdpr

Author : Aleksandra Drożdż
Publisher :
ISBN 13 : 9789403520452
Total Pages : 192 pages
Book Rating : 4.5/5 (24 download)

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Book Synopsis Protection of Natural Persons with Regard to Automated Individual Decision-Making in the Gdpr by : Aleksandra Drożdż

Download or read book Protection of Natural Persons with Regard to Automated Individual Decision-Making in the Gdpr written by Aleksandra Drożdż and published by . This book was released on 2020-03-09 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, algorithms regulate our lives. Personal data is routinely processed on an unprecedented scale in both private and public sectors. This shift from more subjective and less structured human decision-making processes to automated ones has provoked numerous concerns with regard to the rights and freedoms of natural persons affected. In particular, those attached to profiling that can lead to discrimination influencing crucial opportunities of individuals, such as the ability to obtain credit, insurance, education, a job or even medical treatment. To the extent that automated individual decision-making is based on personal data, in the European Union it is subject to the General Data Protection Regulation. The author examines whether this legislative act affords sufficient protection of natural persons with regard to such processing, identifying the loopholes that hinder or prevent its efficacy and the de lege lata rules and de lege ferenda postulates that could provide individuals with effective protection in relation to automated individual decision-making. She provides an in-depth analysis of such aspects as the following: the GDPR's background, terminology and material and territorial scope of application; key concerns regarding automated individual decision-making; specific and general provisions of the GDPR relevant to protection of natural persons with regard to automated individual decision-making; special and general rights of the data subject relevant to automated individual decision-making provided for in the GDPR; key limitations to algorithmic transparency; how profiling can create special categories of personal data by inference from 'ordinary' personal data; and how the version of reality derived from personal data is often at least partially inaccurate. To interpret the rules of the GDPR, the analysis draws on the travaux préparatoires, case law of the Court of Justice of the European Union and national courts that concerns the previous Data Protection Directive, guidelines and opinions of the Article 29 Working Party and the European Data Protection Board, various reports and recommendations and numerous academic writings. In its consideration of some of the most controversial issues in the realm of personal data protection - issues whose role in the information society will grow rapidly - this book represents a major contribution to research and legal guidance at the confluence of law and new technologies concerning algorithmic accountability. Policymakers, regulators and lawyers active in the ongoing development of personal data protection law will become knowledgeable about interpretations and guidelines formulated by European data protection authorities, as well as examples and best practices in the field. Moreover practitioners will find the implementation of automated individual decision-making systems in accordance with the GDPR greatly facilitated. The analysis will assist data protection authorities and judicature in assessing such systems and interpreting the GDPR framework with regard to protection of natural persons in the years to come.

Protection of Natural Persons with Regard to Automated Individual Decision-making in the General Data Protection Regulation

Author : Aleksandra Drożdż
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (119 download)

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Book Synopsis Protection of Natural Persons with Regard to Automated Individual Decision-making in the General Data Protection Regulation by : Aleksandra Drożdż

Download or read book Protection of Natural Persons with Regard to Automated Individual Decision-making in the General Data Protection Regulation written by Aleksandra Drożdż and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Algorithms and Law

Author : Martin Ebers
Publisher : Cambridge University Press
ISBN 13 : 1108424821
Total Pages : 321 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Algorithms and Law by : Martin Ebers

Download or read book Algorithms and Law written by Martin Ebers and published by Cambridge University Press. This book was released on 2020-07-23 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring issues from big-data to robotics, this volume is the first to comprehensively examine the regulatory implications of AI technology.

Fundamentals of Clinical Data Science

Author : Pieter Kubben
Publisher : Springer
ISBN 13 : 3319997130
Total Pages : 219 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Fundamentals of Clinical Data Science by : Pieter Kubben

Download or read book Fundamentals of Clinical Data Science written by Pieter Kubben and published by Springer. This book was released on 2018-12-21 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book comprehensively covers the fundamentals of clinical data science, focusing on data collection, modelling and clinical applications. Topics covered in the first section on data collection include: data sources, data at scale (big data), data stewardship (FAIR data) and related privacy concerns. Aspects of predictive modelling using techniques such as classification, regression or clustering, and prediction model validation will be covered in the second section. The third section covers aspects of (mobile) clinical decision support systems, operational excellence and value-based healthcare. Fundamentals of Clinical Data Science is an essential resource for healthcare professionals and IT consultants intending to develop and refine their skills in personalized medicine, using solutions based on large datasets from electronic health records or telemonitoring programmes. The book’s promise is “no math, no code”and will explain the topics in a style that is optimized for a healthcare audience.

Data Protection Beyond Borders

Author : Federico Fabbrini
Publisher : Bloomsbury Publishing
ISBN 13 : 1509940685
Total Pages : 260 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Data Protection Beyond Borders by : Federico Fabbrini

Download or read book Data Protection Beyond Borders written by Federico Fabbrini and published by Bloomsbury Publishing. This book was released on 2021-02-11 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.

GDPR and Biobanking

Author : Jane Reichel
Publisher : Springer Nature
ISBN 13 : 3030493881
Total Pages : 432 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis GDPR and Biobanking by : Jane Reichel

Download or read book GDPR and Biobanking written by Jane Reichel and published by Springer Nature. This book was released on 2021 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I Setting the scene -- Introduction: Individual rights, the public interest and biobank research 4000 (8) -- Genetic data and privacy protection -- Part II GDPR and European responses -- Biobank governance and the impact of the GDPR on the regulation of biobank research -- Controller' and processor's responsibilities in biobank research under GDPR -- Individual rights in biobank research under GDPR -- Safeguards and derogations relating to processing for archiving purposes in the scientific purposes: Article 89 analysis for biobank research -- A Pan-European analysis of Article 89 implementation and national biobank research regulations -- EEA, Switzerland analysis of GDPR requirements and national biobank research regulations -- Part III National insights in biobank regulatory frameworks -- Selected 10-15 countries for reports: Germany -- Greece -- France -- Finland -- Sweden -- United Kingdom -- Part IV Conclusions -- Reflections on individual rights, the public interest and biobank research, ramifications and ways forward. .

Algorithmic Regulation

Author : Karen Yeung
Publisher : Oxford University Press
ISBN 13 : 0192575430
Total Pages : 304 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Algorithmic Regulation by : Karen Yeung

Download or read book Algorithmic Regulation written by Karen Yeung and published by Oxford University Press. This book was released on 2019-09-05 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the power and sophistication of of 'big data' and predictive analytics has continued to expand, so too has policy and public concern about the use of algorithms in contemporary life. This is hardly surprising given our increasing reliance on algorithms in daily life, touching policy sectors from healthcare, transport, finance, consumer retail, manufacturing education, and employment through to public service provision and the operation of the criminal justice system. This has prompted concerns about the need and importance of holding algorithmic power to account, yet it is far from clear that existing legal and other oversight mechanisms are up to the task. This collection of essays, edited by two leading regulatory governance scholars, offers a critical exploration of 'algorithmic regulation', understood both as a means for co-ordinating and regulating social action and decision-making, as well as the need for institutional mechanisms through which the power of algorithms and algorithmic systems might themselves be regulated. It offers a unique perspective that is likely to become a significant reference point for the ever-growing debates about the power of algorithms in daily life in the worlds of research, policy and practice. The range of contributors are drawn from a broad range of disciplinary perspectives including law, public administration, applied philosophy, data science and artificial intelligence. Taken together, they highlight the rise of algorithmic power, the potential benefits and risks associated with this power, the way in which Sheila Jasanoff's long-standing claim that 'technology is politics' has been thrown into sharp relief by the speed and scale at which algorithmic systems are proliferating, and the urgent need for wider public debate and engagement of their underlying values and value trade-offs, the way in which they affect individual and collective decision-making and action, and effective and legitimate mechanisms by and through which algorithmic power is held to account.

Insurance Distribution Directive

Author : Pierpaolo Marano
Publisher : Springer Nature
ISBN 13 : 3030527387
Total Pages : 439 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Insurance Distribution Directive by : Pierpaolo Marano

Download or read book Insurance Distribution Directive written by Pierpaolo Marano and published by Springer Nature. This book was released on 2021 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.--

Discrimination and Privacy in the Information Society

Author : Bart Custers
Publisher : Springer Science & Business Media
ISBN 13 : 3642304877
Total Pages : 370 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Discrimination and Privacy in the Information Society by : Bart Custers

Download or read book Discrimination and Privacy in the Information Society written by Bart Custers and published by Springer Science & Business Media. This book was released on 2012-08-11 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vast amounts of data are nowadays collected, stored and processed, in an effort to assist in making a variety of administrative and governmental decisions. These innovative steps considerably improve the speed, effectiveness and quality of decisions. Analyses are increasingly performed by data mining and profiling technologies that statistically and automatically determine patterns and trends. However, when such practices lead to unwanted or unjustified selections, they may result in unacceptable forms of discrimination. Processing vast amounts of data may lead to situations in which data controllers know many of the characteristics, behaviors and whereabouts of people. In some cases, analysts might know more about individuals than these individuals know about themselves. Judging people by their digital identities sheds a different light on our views of privacy and data protection. This book discusses discrimination and privacy issues related to data mining and profiling practices. It provides technological and regulatory solutions, to problems which arise in these innovative contexts. The book explains that common measures for mitigating privacy and discrimination, such as access controls and anonymity, fail to properly resolve privacy and discrimination concerns. Therefore, new solutions, focusing on technology design, transparency and accountability are called for and set forth.

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.

The Foundations of EU Data Protection Law

Author : Orla Lynskey
Publisher : Oxford University Press
ISBN 13 : 0191028061
Total Pages : 337 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Foundations of EU Data Protection Law by : Orla Lynskey

Download or read book The Foundations of EU Data Protection Law written by Orla Lynskey and published by Oxford University Press. This book was released on 2015-11-26 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 recognised, 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 realise it.

Modern Socio-Technical Perspectives on Privacy

Author : Xinru Page
Publisher : Springer Nature
ISBN 13 : 3030827860
Total Pages : 459 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Modern Socio-Technical Perspectives on Privacy by : Xinru Page

Download or read book Modern Socio-Technical Perspectives on Privacy written by Xinru Page and published by Springer Nature. This book was released on 2022 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book provides researchers and professionals with a foundational understanding of online privacy as well as insight into the socio-technical privacy issues that are most pertinent to modern information systems, covering several modern topics (e.g., privacy in social media, IoT) and underexplored areas (e.g., privacy accessibility, privacy for vulnerable populations, cross-cultural privacy). The book is structured in four parts, which follow after an introduction to privacy on both a technical and social level: Privacy Theory and Methods covers a range of theoretical lenses through which one can view the concept of privacy. The chapters in this part relate to modern privacy phenomena, thus emphasizing its relevance to our digital, networked lives. Next, Domains covers a number of areas in which privacy concerns and implications are particularly salient, including among others social media, healthcare, smart cities, wearable IT, and trackers. The Audiences section then highlights audiences that have traditionally been ignored when creating privacy-preserving experiences: people from other (non-Western) cultures, people with accessibility needs, adolescents, and people who are underrepresented in terms of their race, class, gender or sexual identity, religion or some combination. Finally, the chapters in Moving Forward outline approaches to privacy that move beyond one-size-fits-all solutions, explore ethical considerations, and describe the regulatory landscape that governs privacy through laws and policies. Perhaps even more so than the other chapters in this book, these chapters are forward-looking by using current personalized, ethical and legal approaches as a starting point for re-conceptualizations of privacy to serve the modern technological landscape. The book's primary goal is to inform IT students, researchers, and professionals about both the fundamentals of online privacy and the issues that are most pertinent to modern information systems. Lecturers or teachers can assign (parts of) the book for a “professional issues” course. IT professionals may select chapters covering domains and audiences relevant to their field of work, as well as the Moving Forward chapters that cover ethical and legal aspects. Academics who are interested in studying privacy or privacy-related topics will find a broad introduction in both technical and social aspects.

Big Data a Tool for Inclusion Or Exclusion? Understanding the Issues

Author : Federal Trade Federal Trade Commission
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781535337441
Total Pages : 48 pages
Book Rating : 4.3/5 (374 download)

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Book Synopsis Big Data a Tool for Inclusion Or Exclusion? Understanding the Issues by : Federal Trade Federal Trade Commission

Download or read book Big Data a Tool for Inclusion Or Exclusion? Understanding the Issues written by Federal Trade Federal Trade Commission and published by Createspace Independent Publishing Platform. This book was released on 2016-07-18 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are in the era of big data. With a smartphone now in nearly every pocket, a computer in nearly every household, and an ever-increasing number of Internet-connected devices in the marketplace, the amount of consumer data flowing throughout the economy continues to increase rapidly. The analysis of this data is often valuable to companies and to consumers, as it can guide the development of new products and services, predict the preferences of individuals, help tailor services and opportunities, and guide individualized marketing. At the same time, advocates, academics, and others have raised concerns about whether certain uses of big data analytics may harm consumers, particularly lowincome and underserved populations. To explore these issues, the Federal Trade Commission ("FTC" or "the Commission") held a public workshop, Big Data: A Tool for Inclusion or Exclusion?, on September 15, 2014. The workshop brought together stakeholders to discuss both the potential of big data to create opportunities for consumers and to exclude them from such opportunities. The Commission has synthesized the information from the workshop, a prior FTC seminar on alternative scoring products, and recent research to create this report. Though "big data" encompasses a wide range of analytics, this report addresses only the commercial use of big data consisting of consumer information and focuses on the impact of big data on low-income and underserved populations. Of course, big data also raises a host of other important policy issues, such as notice, choice, and security, among others. Those, however, are not the primary focus of this report. As "little" data becomes "big" data, it goes through several phases. The life cycle of big data can be divided into four phases: (1) collection; (2) compilation and consolidation; (3) analysis; and (4) use. This report focuses on the fourth phase and discusses the benefits and risks created by the use of big data analytics; the consumer protection and equal opportunity laws that currently apply to big data; research in the field of big data; and lessons that companies should take from the research. Ultimately, this report is intended to educate businesses on important laws and research that are relevant to big data analytics and provide suggestions aimed at maximizing the benefits and minimizing its risks.

EU Internet Law

Author : Tatiana-Eleni Synodinou
Publisher : Springer
ISBN 13 : 3319649558
Total Pages : 440 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis EU Internet Law by : Tatiana-Eleni Synodinou

Download or read book EU Internet Law written by Tatiana-Eleni Synodinou and published by Springer. This book was released on 2017-11-09 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights – on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law – the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.

Guide to the GDPR

Author : Maciej Gawronski
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403514221
Total Pages : 309 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Guide to the GDPR by : Maciej Gawronski

Download or read book Guide to the GDPR written by Maciej Gawronski and published by Kluwer Law International B.V.. This book was released on 2019-07-17 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: To execute and guarantee the right to privacy and data protection within the European Union (EU), the EU found it necessary to establish a stable, consistent framework for personal data protection and to enforce it in a decisive manner. This book, the most comprehensive guide available to the General Data Protection Regulation (GDPR), is the first English edition, updated and expanded, of a bestselling book published in Poland in 2018 by a renowned technology lawyer, expert to the European Commission on cloud computing and to the Article 29 Working Party (now: the European Data Protection Board) on data transfers who in fact contributed ideas to the GDPR. The implications of major innovations of the new system – including the obligation of businesses to consult the GDPR first rather than relevant Member State legislation and the extension of the GDPR to companies located outside of the European Economic Area – are fully analysed for the benefit of lawyers and companies worldwide. Among the specific issues and topics covered are the following: insight into the tricky nature of the GDPR; rules relating to free movement of personal data; legal remedies, liability, administrative sanctions; how to prove compliance with GDPR; direct liability of subcontractors (sub-processors); managing incidents and reporting data breaches; information on when and under what conditions the GDPR rules may apply to non-EU parties; backups and encryption; how to assess risk and adjust security accordingly and document the process; guidelines of the European Data Protection Board; and the GDPR’s digest for obligated parties in a form of a draft data protection policy. The Guide often breaks down GDPR articles into checklists of specific requirements. Of special value are the numerous ready-to-adapt template compliance documents presented in Part II. Because the GDPR contains a set of new obligations and a perspective of severe administrative fines for non-compliance, this guide is an indispensable practical resource for corporate data protection officers, in-house counsel, lawyers in data protection practice, and e-commerce start-ups worldwide.

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 : 284 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 284 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.