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Reforming European Data Protection Law
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Book Synopsis Reforming European Data Protection Law by : Serge Gutwirth
Download or read book Reforming European Data Protection Law written by Serge Gutwirth and published by Springer. This book was released on 2014-11-17 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book on privacy and data protection offers readers conceptual analysis as well as thoughtful discussion of issues, practices, and solutions. It features results of the seventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2014, held in Brussels January 2014. The book first examines profiling, a persistent core issue of data protection and privacy. It covers the emergence of profiling technologies, on-line behavioral tracking, and the impact of profiling on fundamental rights and values. Next, the book looks at preventing privacy risks and harms through impact assessments. It contains discussions on the tools and methodologies for impact assessments as well as case studies. The book then goes on to cover the purported trade-off between privacy and security, ways to support privacy and data protection, and the controversial right to be forgotten, which offers individuals a means to oppose the often persistent digital memory of the web. Written during the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission, this interdisciplinary book presents both daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.
Book Synopsis GDPR: Personal Data Protection in the European Union by : Mariusz Krzysztofek
Download or read book GDPR: Personal Data Protection in the European Union written by Mariusz Krzysztofek and published by Kluwer Law International B.V.. This book was released on 2021-04-07 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: GDPR: Personal Data Protection in the European Union Mariusz Krzysztofek Personal data protection has become one of the central issues in any understanding of the current world system. In this connection, the European Union (EU) has created the most sophisticated regime currently in force with the General Data Protection Regulation (GDPR) (EU) 2016/679. Following the GDPR’s recent reform – the most extensive since the first EU laws in this area were adopted and implemented into the legal orders of the Member States – this book offers a comprehensive discussion of all principles of personal data processing, obligations of data controllers, and rights of data subjects, providing a thorough, up-to-date account of the legal and practical aspects of personal data protection in the EU. Coverage includes the recent Court of Justice of the European Union (CJEU) judgment on data transfers and new or updated data protection authorities’ guidelines in the EU Member States. Among the broad spectrum of aspects of the subject covered are the following: – right to privacy judgments of the CJEU and the European Court of Human Rights; – scope of the GDPR and its key definitions, key principles of personal data processing; – legal bases for the processing of personal data; – direct and digital marketing, cookies, and online behavioural advertising; – processing of personal data of employees; – sensitive data and criminal records; – information obligation & privacy notices; – data subjects rights; – data controller, joint controllers, and processors; – data protection by design and by default, data security measures, risk-based approach, records of personal data processing activities, notification of a personal data breach to the supervisory authority and communication to the data subject, data protection impact assessment, codes of conduct and certification; – Data Protection Officer; – transfers of personal data to non-EU/EEA countries; and – privacy in the Internet and surveillance age. Because the global scale and evolution of information technologies have changed the data processing environment and brought new challenges, and because many non-EU jurisdictions have adopted equivalent regimes or largely analogous regulations, the book will be of great usefulness worldwide. Multinational corporations and their customers and contractors will benefit enormously from consulting and using this book, especially in conducting case law, guidelines and best practices formulated by European data protection authorities. For lawyers and academics researching or advising clients on this area, this book provides an indispensable source of practical guidance and information for many years to come.
Book Synopsis GDPR: General Data Protection Regulation (EU) 2016/679 by : Mariusz Krzysztofek
Download or read book GDPR: General Data Protection Regulation (EU) 2016/679 written by Mariusz Krzysztofek and published by Kluwer Law International B.V.. This book was released on 2018-11-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Personal data protection has become one of the central issues in any understanding of the current world system. In this connection, the European Union (EU) has created the most sophisticated regime currently in force with the General Data Protection Regulation (GDPR) of 2016. This book on this major data protection reform offers a comprehensive discussion of all principles of personal data processing, obligations of data controllers and rights of data subjects. This is the core of the personal data protection regime. GDPR is applicable directly in all Member States, providing for a unification of data protection rules within the EU. However, it poses a problem in enabling international trade and data transfers outside the EU between economies which have different data protection models in place. Among the broad spectrum of aspects of the subject covered are the following: – summary of the changes introduced by the GDPR; – new territorial scope; – key principles of personal data processing; – legal bases for the processing of personal data; – marketing, cookies and profiling; – new information clauses; – new Subject Access Requests (SARs), including the ‘right to be forgotten’ on the Internet, the right to data portability and the right to object to profiling; – new data protection by design and by default; – benefits from implementing a data protection certificate; and – data transfers outside the EU, including BCRs, SCCs and special features of EU–US arrangements. This book references many rulings of European courts, as well as interpretations and guidelines formulated by European data protection authorities, examples and best practices, making it of great practical value to lawyers and business leaders. Because of the increase in legal certainty in this area guaranteed by the GDPR, multinational corporations and their customers and contractors will benefit enormously from consulting and using this book. For practitioners and academics, researching or advising clients on this area, and government policy advisors, this book provides an indispensable source of guidance and information for many years to come.
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.
Book Synopsis Post-reform Personal Data Protection in the European Union by : Mariusz Krzysztofek
Download or read book Post-reform Personal Data Protection in the European Union written by Mariusz Krzysztofek and published by Kluwer Law International. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the Author --Introduction --Subject Matter and Objectives of the General Data Protection Regulation and Summary of Changes Introduced By It; The Context of Personal Data Protection in the European Union --Definitions of the Right to Privacy; Protection of Personal Data as One Aspect of This Right; Legal Foundations of the Right to Privacy in European Union Law; Scope of the Right to Privacy in European Union Case Law --Scope of Protection of Personal Data and Key Definitions --Key Principles of Personal Data Processing --Legal Bases for the Processing of Personal Data --Sensitive Data --The Obligation to Provide Information on Data Processing --The Rights of Access, Rectification and Objection (SAR - Subject Access Requests) --Data Controller and Data Processor: Their Respective Obligations and Relations; Data Protection by Design and by Default; Data Security; Notification of a Personal Data Breach; Data Protection Officer; Codes of Conduct and Certification --Transferring Personal Data to Non-EU/EEA Countries --Privacy in the Internet Age; Technology and Threats to Privacy --Bibliography.
Book Synopsis Handbook on European data protection law by : Council of Europe
Download or read book Handbook on European data protection law written by Council of Europe and published by Council of Europe. This book was released on 2018-04-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Book Synopsis Research Handbook on EU Data Protection Law by : Kosta, Eleni
Download or read book Research Handbook on EU Data Protection Law written by Kosta, Eleni and published by Edward Elgar Publishing. This book was released on 2022-04-19 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading European scholars, this thought-provoking Research Handbook provides a state-of-the-art overview of the scope of research and current thinking in the area of European data protection. Offering critical insights on prominent strands of research, it examines key challenges and potential solutions in the field. Chapters explore the fundamental right to personal data protection, government-to-business data sharing, data protection as performance-based regulation, privacy and marketing in data-driven business models, data protection and judicial automation, and the role of consent in an algorithmic society.
Book Synopsis Handbook on European Data Protection Law by : Union européenne. Agence des droits fondamentaux
Download or read book Handbook on European Data Protection Law written by Union européenne. Agence des droits fondamentaux and published by . This book was released on 2014 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this handbook is to raise awareness and improve knowledge of data protection rules in European Union and Council of Europe member states by serving as the main point of reference to which readers can turn. It is designed for non-specialist legal professionals, judges, national data protection authorities and other persons working in the field of data protection.
Book Synopsis European Data Privacy Law and Online Business by : Christopher Kuner
Download or read book European Data Privacy Law and Online Business written by Christopher Kuner and published by Oxford University Press, USA. This book was released on 2003 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU data protection law is of great practical relevance for any company doing business in today's global information economy. This book provides a detailed and practical exposition of European data protection law in the context of the issues that arise in electronic commerce and dataprocessing. It analyses the relevant EU legislation and case-law, and makes particular reference to the EU Data Protection Directives as well as to the national regulatory systems in Europe and the US. Numerous examples are taken from practice, and advice is given on how the relevant data protectionlaws apply to and impact upon business in Europe, the US, and worldwide. Beginning with a detailed description of the legislative process, the book goes on to discuss the basic legal concepts underlying data protection law. It then focuses on how to determine whether EU law applies to particular electronic commerce and online activities, and how to transfer personal dataoutside Europe so as to comply with EU law. The book also includes a comprehensive analysis of how to deal with complex compliance challenges, including notification of databases, processing of employee data, privacy policies, and website compliance and standardization. The key legislative texts needed to deal with complex data protection issues are included in the appendices, along with forms and precedents, contact information for data protection authorities, and links to useful websites. The book is fully up-to-date with the amendments to the TelecommunicationsData Protection Directive passed in the summer of 2002.
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.
Book Synopsis Reforming the Common European Asylum System by : Vincent Chetail
Download or read book Reforming the Common European Asylum System written by Vincent Chetail and published by BRILL. This book was released on 2016-02-25 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. It provides a comprehensive and critical account of the recast instruments governing asylum law in the European Union.
Book Synopsis Consent in European Data Protection Law by : Eleni Kosta
Download or read book Consent in European Data Protection Law written by Eleni Kosta and published by Martinus Nijhoff Publishers. This book was released on 2013-03-21 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, consent is a fundamental concept in the European legal framework on data protection. The analysis of the historical and theoretical context carried out in this book reveals that consent was not an intrinsic notion in the birth of data protection. The concept of consent was included in data protection legislation in order to enhance the role of the data subject in the data protection arena, and to allow the data subject to have more control over the collection and processing of his/her personal information. This book examines the concept of consent and its requirements in the Data Protection Directive, taking into account contemporary considerations on bioethics and medical ethics, as well as recent developments in the framework of the review of the Directive. It further studies issues of consent in electronic communications, carrying out an analysis of the consent-related provisions of the ePrivacy Directive.
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 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 recognized, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realize it.
Book Synopsis European Privacy and Data Protection Law by : Jos Dumortier
Download or read book European Privacy and Data Protection Law written by Jos Dumortier and published by Kluwer Law International B.V.. This book was released on 2022-10-20 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to privacy and data protection law in the EU covers every aspect of the subject, including the protection of private life as a fundamental – constitutional – right, the application of international and/or regional conventions protecting the right to privacy, privacy rights in the context of electronic communications or at the workplace, and the protection of individuals regarding the processing of personal data relating to them. Following a general introduction, the monograph assembles its information and guidance in two parts: (1) protection of privacy, including an in-depth overview of the case law of the European Court of Human Rights and an analysis of the European e-Privacy Directive regarding the protection of privacy in electronic communications; (2) personal data protect on, including a detailed analysis of the provisions of the GDPR, an up-to-date overview of the case law of the Court of Justice of the EU and of the opinions and guidelines of the European Data Protection Board (EDPB).
Book Synopsis Protecting Privacy in Private International and Procedural Law and by Data Protection by : Burkhard Hess
Download or read book Protecting Privacy in Private International and Procedural Law and by Data Protection written by Burkhard Hess and published by Routledge. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ensuring the effective right to privacy regarding the gathering and processing of personal data has become a key issue both in the internal market and in the international arena. The extent of one's right to control their data, the implications of the 'right to be forgotten', the impact of the Court of Justice of the European Union's decisions on personality rights, and recent defamation legislation are shaping a new understanding of data protection and the right to privacy. This book explores these issues with a view to assessing the status quo and prospective developments in this area of the law which is undergoing significant changes and reforms.
Book Synopsis Protecting Individuals Against the Negative Impact of Big Data by : Manon Oostveen
Download or read book Protecting Individuals Against the Negative Impact of Big Data written by Manon Oostveen and published by Kluwer Law International B.V.. This book was released on 2018-07-13 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the contemporary information society, organisations increasingly rely on the collection and analysis of large-scale data (popularly called ‘big data’) to make decisions. These processes, which take place largely beyond the individual’s knowledge, produce a cascade of effects that go beyond privacy and data protection. Should we focus on the possibilities of tackling these often negative effects through other areas of law, or maybe even find new solutions to cope with the dark side of big data? This ground-breaking book is the first to address this crucially important question in detail. Among the issues raised in the analysis are such vital elements as the following: − what is meant by ‘big data’; – ‘privacy’ according to the European Court of Human Rights and the Court of Justice of the European Union; – what the European Union legal framework on privacy and data protection consists of and how it functions in the light of big data; – what companies, governments and other organisations are permitted to do with big data under the current regulatory framework; – the central importance of personal autonomy; – circumstances that influence whether or not the right to privacy is triggered; – big data’s possible impact on democracy through, inter alia, potentially limiting freedom of expression; – how governmental or corporate surveillance chills the receiver’s gathering of information and ideas; – selective offering of choices or information, or manipulation of people’s ideas; – procedural aspects that influence the extrapolation of normative concepts of privacy and data protection; and – how discrimination occurs in big data. This book foregrounds a critical scrutiny of commercial uses of big data – its scale, its limited capacity for independent oversight and the expected prevalence of interference with individuals’ rights. The author’s conclusions explore possible legal alternatives to mitigate the negative impact of big data, using legal instruments, case law and legal academic literature in her analysis. Because the amount of digital data keeps growing and the private lives of individuals are increasingly taking place online – and because of the opacity of the big data process, the fundamental values that are at stake, and the speed of technological developments compared to the pace of legal reform – this comprehensive assessment of flaws in the current framework and possible practical solutions will be warmly welcomed by practitioners, policymakers and government officials in all legal fields related to privacy and data protection.
Book Synopsis The EU General Data Protection Regulation (GDPR) by : Paul Voigt
Download or read book The EU General Data Protection Regulation (GDPR) written by Paul Voigt and published by Springer. This book was released on 2017-08-07 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides expert advice on the practical implementation of the European Union’s General Data Protection Regulation (GDPR) and systematically analyses its various provisions. Examples, tables, a checklist etc. showcase the practical consequences of the new legislation. The handbook examines the GDPR’s scope of application, the organizational and material requirements for data protection, the rights of data subjects, the role of the Supervisory Authorities, enforcement and fines under the GDPR, and national particularities. In addition, it supplies a brief outlook on the legal consequences for seminal data processing areas, such as Cloud Computing, Big Data and the Internet of Things.Adopted in 2016, the General Data Protection Regulation will come into force in May 2018. It provides for numerous new and intensified data protection obligations, as well as a significant increase in fines (up to 20 million euros). As a result, not only companies located within the European Union will have to change their approach to data security; due to the GDPR’s broad, transnational scope of application, it will affect numerous companies worldwide.
