Reforming European Data Protection Law

Reforming European Data Protection Law
Author: Serge Gutwirth
Publisher: Springer
Total Pages: 409
Release: 2014-11-17
Genre: Law
ISBN: 9401793859

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This book on privacy and data protection offers readers conceptual analysis as well as thoughtful discussion of issues, practices, and solutions. It features results of the seventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2014, held in Brussels January 2014. The book first examines profiling, a persistent core issue of data protection and privacy. It covers the emergence of profiling technologies, on-line behavioral tracking, and the impact of profiling on fundamental rights and values. Next, the book looks at preventing privacy risks and harms through impact assessments. It contains discussions on the tools and methodologies for impact assessments as well as case studies. The book then goes on to cover the purported trade-off between privacy and security, ways to support privacy and data protection, and the controversial right to be forgotten, which offers individuals a means to oppose the often persistent digital memory of the web. Written during the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission, this interdisciplinary book presents both daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.

Post-reform Personal Data Protection in the European Union

Post-reform Personal Data Protection in the European Union
Author: Mariusz Krzysztofek
Publisher: Kluwer Law International
Total Pages: 0
Release: 2017
Genre: Data protection
ISBN: 9789041162373

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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.

GDPR: General Data Protection Regulation (EU) 2016/679

GDPR: General Data Protection Regulation (EU) 2016/679
Author: Mariusz Krzysztofek
Publisher: Kluwer Law International B.V.
Total Pages: 346
Release: 2018-11-01
Genre: Law
ISBN: 9403505958

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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.

GDPR: Personal Data Protection in the European Union

GDPR: Personal Data Protection in the European Union
Author: Mariusz Krzysztofek
Publisher: Kluwer Law International B.V.
Total Pages: 330
Release: 2021-04-07
Genre: Law
ISBN: 9403532718

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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.

Handbook on European data protection law

Handbook on European data protection law
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 402
Release: 2018-04-15
Genre: Political Science
ISBN: 9287198497

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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.

Emerging Challenges in Privacy Law

Emerging Challenges in Privacy Law
Author: Normann Witzleb
Publisher: Cambridge University Press
Total Pages: 469
Release: 2014-04-17
Genre: Business & Economics
ISBN: 1107041678

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Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.

The Right to Data Portability in the Context of the EU Data Protection Reform

The Right to Data Portability in the Context of the EU Data Protection Reform
Author: Gabriela Zanfir-Fortuna
Publisher:
Total Pages: 0
Release: 2019
Genre:
ISBN:

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The proposal for reform of the data protection legal framework, recently made public by the European Commission (EC), specifically enshrines a 'right to data portability', which is designed to reduce the difficulties for individuals to stay in control of their personal data, along with the provision of a 'right to be forgotten' and a 'right to rectification'.The debates surrounding these privacy concerns, especially related to cloud computing (another ubiquitous concept), have not enjoyed a clear, unitary discourse, as IT developments have almost out-run the rhythm in which legal scholars were analysing recent threats to privacy, and especially internet privacy.This paper aims to reveal the characteristics of data portability as a legal concept in the modern world of privacy and data protection; it focuses on a few aspects of the reform proposed by the Commission, highlighting the detailed provisions of the right to data portability in the larger context of the reform.It also discusses data portability's impact on competition and its links to international data transfers, as they will be regulated in the new EU data protection law. It concludes that data portability is a right of the data subject strongly connected with a fundamental right to the free development of human personality, and is also a function that cloud computing services worldwide will have to provide in order to increase users', customers' or consumers' trust.

Emerging Challenges in Privacy Law

Emerging Challenges in Privacy Law
Author: Normann Witzleb
Publisher: Cambridge University Press
Total Pages: 469
Release: 2014-04-17
Genre: Law
ISBN: 1139916750

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This collection of essays explores current developments in privacy law, including reform of data protection laws, privacy and the media, social control and surveillance, privacy and the Internet, and privacy and the courts. It places these developments into a broader international context, with a particular focus on the European Union, the United Kingdom, Australia and New Zealand. Adopting a comparative approach, it creates an important resource for understanding international trends in the reform of privacy and data protection laws across a variety of contexts. Written by internationally recognised experts, Emerging Challenges in Privacy Law: Comparative Perspectives provides an accessible introduction to contemporary legal and policy debates in privacy and data protection law. It is essential reading for academics, policy makers and practitioners interested in current challenges facing privacy and data protection law in Europe and in the common law world.

Governing Cross-Border Data Flows

Governing Cross-Border Data Flows
Author: Svetlana Yakovleva
Publisher: Oxford University Press
Total Pages: 433
Release: 2024-02-27
Genre: Law
ISBN: 0192899260

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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.

The Foundations of EU Data Protection Law

The Foundations of EU Data Protection Law
Author: Orla Lynskey
Publisher: Oxford University Press
Total Pages: 337
Release: 2015
Genre: Computers
ISBN: 0198718233

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Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognized, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realize it.