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The Committees Opinion On The European Union Data Protection Framework Proposals
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Author :Great Britain: Parliament: House of Commons: Justice Committee Publisher :The Stationery Office ISBN 13 :9780215049759 Total Pages :132 pages Book Rating :4.0/5 (497 download)
Book Synopsis The Committee's Opinion on the European Union Data Protection Framework Proposals by : Great Britain: Parliament: House of Commons: Justice Committee
Download or read book The Committee's Opinion on the European Union Data Protection Framework Proposals written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2012-11 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: The processes and procedures that are specified within the EU proposals to update data protection laws do not allow for flexibility or discretion for businesses or other organisations which hold personal data, or for data protection authorities. The proposals should focus on those elements that are required to achieve the Commission's objectives, whilst compliance should be entrusted to Member States' data protection authorities. These instruments would give EU citizens new data protection rights as set out in the Charter of Fundamental Rights of the European Union and the Lisbon Treaty. Despite its criticisms, the Committee welcomes the potential benefits that an updated law could bring. For individuals, their rights would be strengthened, and in particular the new framework would guard against some of the more unwelcome and often criticised aspects of digital data processing. From a business perspective, the benefits would mainly accrue through the effective harmonisation of laws. Whilst the draft Regulation would cover general data protection, the draft Directive is specifically concerned with data protection for law enforcement purposes. The Committee been told that the draft Directive does not apply to domestic processing by law enforcement agencies within the UK. This needs to be placed beyond doubt. Additionally, it needs to be made clear that the Directive must not impact on the ability of the police to use common law powers to pass on information in the interests of crime prevention and public protection
Book Synopsis Government Response to Justice Select Committee's Opinion on the European Union Data Protection Framework Proposals by : Great Britain: Ministry of Justice
Download or read book Government Response to Justice Select Committee's Opinion on the European Union Data Protection Framework Proposals written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2013-01-11 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dated January 2013. Response to Committee's third report of session 2012-13 (HC 572, ISBN 9780215049759)
Book Synopsis Law, Policy and the Internet by : Lilian Edwards
Download or read book Law, Policy and the Internet written by Lilian Edwards and published by Bloomsbury Publishing. This book was released on 2018-11-29 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive textbook by the editor of Law and the Internet seeks to provide students, practitioners and businesses with an up-to-date and accessible account of the key issues in internet law and policy from a European and UK perspective. The internet has advanced in the last 20 years from an esoteric interest to a vital and unavoidable part of modern work, rest and play. As such, an account of how the internet and its users are regulated is vital for everyone concerned with the modern information society. This book also addresses the fact that internet regulation is not just a matter of law but increasingly intermixed with technology, economics and politics. Policy developments are closely analysed as an intrinsic part of modern governance. Law, Policy and the Internet focuses on two key areas: e-commerce, including the role and responsibilities of online intermediaries such as Google, Facebook and Uber; and privacy, data protection and online crime. In particular there is detailed up-to-date coverage of the crucially important General Data Protection Regulation which came into force in May 2018.
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.
Author :Klaus-Dieter Borchardt Publisher :Office for Official Publications of the European Communities ISBN 13 : Total Pages :140 pages Book Rating :4.:/5 (318 download)
Book Synopsis The ABC of European Union Law by : Klaus-Dieter Borchardt
Download or read book The ABC of European Union Law written by Klaus-Dieter Borchardt and published by Office for Official Publications of the European Communities. This book was released on 2010 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.
Book Synopsis Emerging Challenges in Privacy Law by : Normann Witzleb
Download or read book Emerging Challenges in Privacy Law written by Normann Witzleb and published by Cambridge University Press. This book was released on 2014-04-17 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.
Author :Great Britain: Parliament: House of Commons: European Scrutiny Committee Publisher :The Stationery Office ISBN 13 :9780215054227 Total Pages :92 pages Book Rating :4.0/5 (542 download)
Book Synopsis Thirty-first Report of Session 2012-13 by : Great Britain: Parliament: House of Commons: European Scrutiny Committee
Download or read book Thirty-first Report of Session 2012-13 written by Great Britain: Parliament: House of Commons: European Scrutiny Committee and published by The Stationery Office. This book was released on 2013-02-18 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Great Britain: Parliament: House of Commons: Justice Committee Publisher :The Stationery Office ISBN 13 :9780215055354 Total Pages :54 pages Book Rating :4.0/5 (553 download)
Book Synopsis The Functions, Powers and Resources of the Information Commissioner by : Great Britain: Parliament: House of Commons: Justice Committee
Download or read book The Functions, Powers and Resources of the Information Commissioner written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2013-03-21 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Information Commissioner's responsibilities look set to expand dramatically as a result of EU Data Protection laws and the possible implementation of recommendations about his role made in the Leveson Report. This could result in a funding shortfall of £42.8 million that may have to be paid for by the taxpayer. The removal of the notification fee payable to him by data controllers and other funding cuts could compromise his work unless Government finds a solution. The Information Commissioner has handled more casework and significantly cutting the backlog of freedom of information appeals at the same time as reducing his budget. The funding for freedom of information work was cut by 23% from £5.5 million in 2011-12 to £4.25 million in 2012-13. This report reiterates the Committee's recommendation that the penalties for data protection offences must be increased to provide a more effective deterrent and asks why the Government has not adopted recommendations that custodial sentences should be made available for breaches of section 55 of the Data Protection Act. There are also concerns that a significant number of public sector bodies that handle sensitive private data have refused free audits from the Information Commissioner that could identify security problems in the way they are handling data. The MPs call for compulsory audits to be extended to NHS Trusts and local councils. The Committee also reiterates its view that the Information Commissioner should be granted greater independence from the executive by being made directly responsible to, and funded by, Parliament
Book Synopsis Data Protection and Interoperability in EU External Relations by : Francesca Tassinari
Download or read book Data Protection and Interoperability in EU External Relations written by Francesca Tassinari and published by BRILL. This book was released on 2024-11-07 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses whether the implementation of transborder interoperable solutions aligns with the European Union's standards and rules on personal data transfer. It specifically examines the principles and values enshrined in the founding Treaties that steer the EU’s external activities as a global actor. It will help you understand the privacy and data protection standards the EU must uphold when pursuing its objectives of freedom, security, and justice externally. You’ll learn about the limits on the processing of personal data by large-scale IT systems in the areas of freedom, security, and justice, and explore the full scope of the 2019 interoperability regulations, n. 817 and 818. Also, the volume offers a series of diagrams, tables, and figures that will make your reading as smooth as possible.
Author :Great Britain: Parliament: House of Commons: Justice Committee Publisher :The Stationery Office ISBN 13 :9780215063403 Total Pages :44 pages Book Rating :4.0/5 (634 download)
Book Synopsis House of Commons - Justice Committee: Ministry of Justice Measures in the JHA Block Opt-Out - HC 605 by : Great Britain: Parliament: House of Commons: Justice Committee
Download or read book House of Commons - Justice Committee: Ministry of Justice Measures in the JHA Block Opt-Out - HC 605 written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2013-10-31 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Government has struck a reasonable balance in the way it is planning to exercise its right to opt-out of pre-Lisbon Treaty EU policing and criminal justice measures, but the way it has engaged Parliament in the decision-making process has been badly handled and 'cavalier'. The Government left the Commons select committees far too little time to assess the reasons for their decisions on EU justice opt-ins, and did not provide the full impact assessment which was needed. The Committee agrees with the Government's plans to seek to opt back into seven of the sixteen measures, and not to opt into a number of others. The Committee also raises questions about the Government's intention not to opt back into two specific instruments, the Probation Measures Framework Decision and the Framework Decision on the settlement of conflicts of jurisdiction. The Committee also calls on the Government to provide an assessment of the effect of the extension of the jurisdiction of the Court of Justice of the European Union over the measures covered by the opt-out. The Committee also agrees with the Government's proposal to seek to rejoin decisions on data protection in policing and criminal justice, and on a data protection secretariat, but says that the arguments are more finely balanced in relation to the Framework Decision on settlement of conflicts of jurisdiction
Author :Great Britain: Parliament: House of Commons: Justice Committee Publisher :The Stationery Office ISBN 13 :9780215065773 Total Pages :44 pages Book Rating :4.0/5 (657 download)
Book Synopsis House of Commons - Justice Committee: Appointment of the Chair of the Office for Legal Complaints - HC 916 by : Great Britain: Parliament: House of Commons: Justice Committee
Download or read book House of Commons - Justice Committee: Appointment of the Chair of the Office for Legal Complaints - HC 916 written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2013-12-13 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chairmanship of the Office for Legal Complaints is one of the posts which are subject to (non-binding) pre-appointment scrutiny by select committees. Elizabeth France was recruited to the position on 10 October 2008, and the Justice Committee took oral evidence from her on 21 October.
Book Synopsis Counter-Terrorism Networks in the European Union by : Claudia Hillebrand
Download or read book Counter-Terrorism Networks in the European Union written by Claudia Hillebrand and published by OUP Oxford. This book was released on 2012-10-03 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Counter-Terrorism Networks in the European Union: Maintaining Democratic Legitimacy after 9/11 presents a model of democratic legitimacy for within international counter-terrorism co-operation. Exploring the current practices of European Union (EU) counter-terrorism policing, developed after 9/11, it highlights the current significant challenges to democratic legitimacy and seeks to present tools and solutions which ensure 'democratic' counter-terrorism actions and the protection of human rights. Counter-terrorism policing is now a global concern, with co-operation between security authorities of different countries a crucial feature in the fight to prevent terrorism and extremism. Yet, given the emphasis on pre-emption, this type of policing tends to interfere to a far greater extent with the rights of the individual than traditional policing. This book scrutinises the current focus of enhanced communication between counter-terrorist associates at member-state and EU levels within Europe, alongside analysis of just how far the traditional, protective mechanisms of accountability and oversight are managing to keep up with this development. It proposes that current forms of counter-terrorism policing within the EU should be understood as networks - sets of expert institutional nodes or individual agents, from at least two countries - that are interconnected in order to authorize and provide security with regard to counter-terrorism, using the European Police Office (Europol) as a key example.
Book Synopsis Information Exchange and EU Law Enforcement by : Anna Fiodorova
Download or read book Information Exchange and EU Law Enforcement written by Anna Fiodorova and published by Routledge. This book was released on 2018-05-16 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting an integrated approach to information exchange among law enforcement institutions within the EU, this book addresses the dilemma surrounding the need to balance the security of individuals and the need to protect their privacy and data. Providing the reader with a comprehensive analysis of information exchange tools, exploring their history, political background, the most recent legal modifications and the advantages and disadvantages of their use, it includes a comparison between different information exchange tools. Written by an author who has worked as a police officer, Home Affairs counsellor and academic, this is an important read for scholars working with EU Law, Criminal Procedure Law, and International Law as well as for practitioners who directly deal with international police cooperation or who perform criminal investigation both within and outside the EU.
Author :Great Britain: Parliament: House of Commons: Justice Committee Publisher :The Stationery Office ISBN 13 :9780215062239 Total Pages :40 pages Book Rating :4.0/5 (622 download)
Book Synopsis House of Commons - Justice Committee: Post-legislative Scrutiny Of Part 2 (Encouraging Or Assisting Crime) Of The Serious Crime Act 2007 - HC 639 by : Great Britain: Parliament: House of Commons: Justice Committee
Download or read book House of Commons - Justice Committee: Post-legislative Scrutiny Of Part 2 (Encouraging Or Assisting Crime) Of The Serious Crime Act 2007 - HC 639 written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2013-09-13 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Government presented its Post-legislative Scrutiny of the Serious Crime Act 2007 Memorandum to the Home Affairs Committee and Justice Committee in November 2012. The parts of the Memorandum falling within the Justice Committee's remit were a) Serious Crime Prevention Orders and b) Part 2, in particular, offences of encouraging or assisting crime in terms of prosecution and interpretation of the sections by courts and the CPS. There is concern about the trenchant criticism that Part 2 of the Serious Crime Act 2007 received. In addition, Part 2 was the subject of appeals to the Court of Appeal. The report concurs with the academics who wrote that the sections are complex and difficult to understand for lawyers, let alone for defendants, jurors and other lay-people working in the criminal justice system. It raises some key concerns and questions about the purpose of post-legislative scrutiny. It is considered that where the substance of an Act or part of an Act is to create or revise criminal offences it is appropriate for questions of a purely legal or technical nature to be considered. The latest judgment in the case of Sadique may allow the legislation to settle into accepted use and interpretation. However, the Ministry should conduct a further and full post-legislative assessment of Part 2 in 2016. If, in the meantime, the number of appeals on Part 2 increases, the Ministry should consider bringing forward legislative proposals for revising, or even replacing, Part 2 to meet the purpose of the legislation in a less tortuous fashion
Author :Great Britain: Parliament: House of Commons: Justice Committee Publisher :The Stationery Office ISBN 13 :9780215061898 Total Pages :148 pages Book Rating :4.0/5 (618 download)
Book Synopsis House of Commons - Justice Committee: Older Prisoners - HC 89 by : Great Britain: Parliament: House of Commons: Justice Committee
Download or read book House of Commons - Justice Committee: Older Prisoners - HC 89 written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2013-09-12 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The number of older prisoners is now very high and is likely to remain so - partly caused by the increase in convictions for historic sexual offences. The growth of the older prison population and the severity of the needs of that population, warrant a national strategy in order to provide for them effectively. Older and disabled prisoners should no longer be held in institutions which cannot meet their basic needs nor should they be released back into the community without adequate support. There are some excellent prison officers and charity workers who are providing essential social care but an ad hoc system means that too often older prisoners have to rely on the goodwill of officers and their fellow inmates to fulfill the most basic of care needs. The responsibility to adapt the prison environment so that it suits less able prisoners lies with a prison's senior management team and the National Offender Management Service (NOMS). NOMS should conduct a comprehensive analysis of prisons' physical compliance with disability discrimination and age equality laws. The Committee does not believe there is a need for the expansion of segregated older prisoner units or wings. However, NOMS should ensure all prisons have an older prisoner policy that provides age and ability specific regimes. Furthermore older prisoners who are released after a long period of incarceration must have a resettlement and care plan. At present older prisoners are frequently released to no fixed abode undermining all work that has been made towards resettlement
Author :Great Britain. Parliament. House of Commons. Justice Committee Publisher :The Stationery Office ISBN 13 :0215084659 Total Pages :41 pages Book Rating :4.2/5 (15 download)
Book Synopsis HC 850 - Criminal Cases Review Commission by : Great Britain. Parliament. House of Commons. Justice Committee
Download or read book HC 850 - Criminal Cases Review Commission written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2015 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminal Cases Review Commission (CCRC) was set up in 1997, by the Criminal Appeal Act 1995, on the recommendation of the Royal Commission on Criminal Justice. The CCRC investigates alleged miscarriages of justice, post-conviction and post-appeal, and has the power to refer cases back to the Court of Appeal for reconsideration. The Committee held a one-off evidence session on the work of the CCRC in January 2014, and then sought some views on the issues raised. The Committee subsequently decided to hold an inquiry on the CCRC, and launched it with a general call for evidence. The "real possibility" test, which requires that for a referral to be made there must be a real possibility that the conviction or sentence would not be upheld on appeal, was one of the most controversial aspects of the CCRC. The Committee found that criticisms broadly fell into one of three areas: that the test itself is wrong; that the test is being applied incorrectly by the CCRC; or that the Court of Appeal's approach to criminal appeals is overly restrictive. The Committee's considers each of these areas in turn. Critics of the test felt that it inherently prevents the CCRC from being truly independent of the Court of Appeal. The Committee concludes that any change would have to be in light of a change to the Court of Appeal's grounds for allowing appeals.
Book Synopsis European Public Law by : Patrick J. Birkinshaw
Download or read book European Public Law written by Patrick J. Birkinshaw and published by Kluwer Law International B.V.. This book was released on 2020-01-23 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sphere of public law is ill-defined and controversial. Taking the broad view that it comprises aspects of (for instance) constitutional principles, good and humane administration, judicial review based on the rule of law, human rights, liability for wrongdoing, public procurement, provision of public services, transparency, social media and protection of privacy – areas that link legal control to broad governmental purposes – the third edition of this established and much-praised work expands its examination of the emergence of European public law from European Union (EU) law (and its European Community and European Economic Community antecedents), the European Convention on Human Rights and the interface of these systems with Member State systems, to include the currently all-important challenge of Brexit. The book explains in detail what European public law is and the context in which laws interact in European societies. Masterfully summarising the debate surrounding the influence of EU and European Convention law on Member State law – particularly that of the United Kingdom (UK) – in a thematic and analytical manner, the author covers the following topics and much more as they persist in the shadow of Brexit: constitutional law and administrative law in the EU and France, Germany and the UK; subsidiarity in the EU and UK devolution; openness, transparency and access to information; national parliaments and scrutiny of EU law; influence of EU law on UK judicial review; access to justice in the light of austerity and government cuts in public expenditure; the future of the UK Human Rights Act; European influence on the law of liability; EU ombudsmen and internal grievance procedures; future relationship between EU and UK domestic law; citizenship and protection of human rights; competition, regulation, public service and the market; the impact of Brexit, the legal consequences of UK withdrawal legislation and European Public Law, the EU-UK written agreements on separation and the political statement’s prospects for a post-Brexit trade deal. Detailed analyses of major cases and legal provisions are featured throughout the book. Given that the effects of Brexit will take decades to unfold, and not only in the UK, this new edition of a classic text will prove to be an invaluable guide to the ever-developing European context of domestic public law. The indelible marks of European integration must be fully understood if we are to understand public law and its future direction. The book will be of enormous assistance to political theorists and scientists and commentators and of immeasurable practical and academic importance in monitoring the future of Europe and its legal relationship with the UK. Academics and students will be rewarded by the detailed analysis of the context in which national laws and European laws interact. Practitioners in the UK, Europe and globally will gain invaluable insight into the laws they use to resolve practical questions of legal interpretation.
