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The Emergence Of Personal Data Protection As A Fundamental Right Of The Eu

Author: Gloria González Fuster
Publisher: Springer Science & Business
ISBN: 3319050230
Size: 67.45 MB
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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.

The European Union As Guardian Of Internet Privacy

Author: Hielke Hijmans
Publisher: Springer
ISBN: 3319340905
Size: 35.57 MB
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This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.

Concise European Data Protection E Commerce And It Law

Author: Serge Gijrath
Publisher: Kluwer Law International B.V.
ISBN: 9041194088
Size: 42.79 MB
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Since the second edition (2010) of this invaluable book – primary texts with expert article-by-article commentary on European data protection, e-commerce and information technology (IT) regulation, including analysis of case law – there has been a marked shift in regulatory focus. It can be said that, without knowing it, EU citizens have migrated from an information society to a digital single market to a data-driven economy. This thoroughly revised and updated third edition pinpoints, in a crystal-clear format, the meaning and application of currently relevant provisions enacted at the European and Member State levels, allowing practitioners and other interested parties to grasp the exact status of such laws, whether in force, under construction, controversial or proposed. Material has been rearranged and brought into line with the vibrant and constantly shifting elements in this field, with detailed attention to developments (most new to this edition) in such issues as the following: · cybersecurity; · privacy rights; · supply of digital content; · consumer rights in electronic commerce; · Geo-blocking; · open Internet; · contractual rules for online sale of (tangible) goods; · competition law in the IT sectors; · consumer online dispute resolution; · electronic signatures; and · reuse of public sector information. There is a completely new section on electronic identification, trust and security regulation, defining the trend towards an effective e-commerce framework protecting consumers and businesses accessing content or buying goods and services online. The contributors offer a very useful and practical review and analysis of the instruments, taking into account the fluidity and the transiency of the regulation of these very dynamic phenomena. This book will be quickly taken up by the myriad professionals – lawyers, officials and academics – engaged with data protection, e-commerce and IT on a daily basis.

The Routledge Handbook Of European Public Policy

Author: Nikolaos Zahariadis
Publisher: Routledge
ISBN: 1317404025
Size: 13.44 MB
Format: PDF, Docs
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The Routledge Handbook of European Public Policy provides an in-depth and systematic understanding of EU policies. It covers theoretical approaches on the policy process and the various stages of public policy-formulation and decision making; and discusses key questions of contemporary European governance. The handbook introduces major concepts, trends, and methodologies in a variety of comparative settings thereby providing the first systematic effort to include theoretical and substantive analyses of European public policies in a single volume. The handbook is divided into four sections: Concepts and approaches in EU policymaking; Substantive policies of the EU, including economic and social, fiscal and monetary, areas of freedom, security and justice, and external policies; Elements of the policy cycle; Themes ranging from crisis and resistance to controversies in education. This handbook will be an essential reference for students and scholars of the European Union, public policy, social policy and more broadly for European and comparative politics.

Managing Democracy In The Digital Age

Author: Julia Schwanholz
Publisher: Springer
ISBN: 3319617087
Size: 12.94 MB
Format: PDF, ePub
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In light of the increased utilization of information technologies, such as social media and the ‘Internet of Things,’ this book investigates how this digital transformation process creates new challenges and opportunities for political participation, political election campaigns and political regulation of the Internet. Within the context of Western democracies and China, the contributors analyze these challenges and opportunities from three perspectives: the regulatory state, the political use of social media, and through the lens of the public sphere. The first part of the book discusses key challenges for Internet regulation, such as data protection and censorship, while the second addresses the use of social media in political communication and political elections. In turn, the third and last part highlights various opportunities offered by digital media for online civic engagement and protest in the public sphere. Drawing on different academic fields, including political science, communication science, and journalism studies, the contributors raise a number of innovative research questions and provide fascinating theoretical and empirical insights into the topic of digital transformation.

Market Integration Through Data Protection

Author: Mario Viola de Azevedo Cunha
Publisher: Springer Science & Business Media
ISBN: 940076085X
Size: 10.56 MB
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In the context of the continuous advance of information technologies and biomedicine, and of the creation of economic blocs, this work analyzes the role that data protection plays in the integration of markets. It puts special emphasis on financial and insurance services. Further, it identifies the differences in the data protection systems of EU member states and examines the development of common standards and principles of data protection that could help build a data protection model for Mercosur. Divided into four parts, the book starts out with a discussion of the evolution of the right to privacy, focusing on the last few decades, and taking into account the development of new technologies. The second part discusses the interaction between data protection and specific industries that serve as case studies: insurance, banking and credit reporting. The focus of this part is on generalization and discrimination, adverse selection and the processing of sensitive and genetic data. The third part of the book presents an analysis of the legislation of three EU Member States (France, Italy and UK). Specific elements of analysis that are compared are the concepts of personal and anonymous data, data protection principles, the role of the data protection authorities, the role of the data protection officer, data subjects’ rights, the processing of sensitive data, the processing of genetic data and the experience of the case studies in processing data. The book concludes with the proposal of a model for data protection that could be adopted by Mercosur, taking into account the different levels of data protection that exist in its member states.

Reforming European Data Protection Law

Author: Serge Gutwirth
Publisher: Springer
ISBN: 9401793859
Size: 27.43 MB
Format: PDF, ePub
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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.

Electronic Government

Author: Roland Traunmueller
Publisher: Springer Science & Business Media
ISBN: 3540441212
Size: 58.33 MB
Format: PDF, ePub
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In defining the state of the art of E-Government, EGOV 2002 was aimed at breaking new ground in the development of innovative solutions in this impor tant field of the emerging Information Society. To promote this aim, the EGOV conference brought together professionals from all over the globe. In order to obtain a rich picture of the state of the art, the subject matter was dealt with in various ways: drawing experiences from case studies, investigating the outcome from projects, and discussing frameworks and guidelines. The large number of contributions and their breadth testify to a particularly vivid discussion, in which many new and fascinating strands are only beginning to emerge. This begs the question where we are heading in the field of E-Government. It is the intention of the introduction provided by the editors to concentrate the wealth of expertise presented into some statements about the future development of E-Government.

Data Protection And Privacy In Visibilities And Infrastructures

Author: Ronald Leenes
Publisher: Springer
ISBN: 3319507966
Size: 12.92 MB
Format: PDF, Mobi
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This book features peer reviewed contributions from across the disciplines on themes relating to protection of data and to privacy protection. The authors explore fundamental and legal questions, investigate case studies and consider concepts and tools such as privacy by design, the risks of surveillance and fostering trust. Readers may trace both technological and legal evolution as chapters examine current developments in ICT such as cloud computing and the Internet of Things. Written during the process of the fundamental revision of revision of EU data protection law (the 1995 Data Protection Directive), this volume is highly topical. Since the European Parliament has adopted the General Data Protection Regulation (Regulation 2016/679), which will apply from 25 May 2018, there are many details to be sorted out. This volume identifies and exemplifies key, contemporary issues. From fundamental rights and offline alternatives, through transparency requirements to health data breaches, the reader is provided with a rich and detailed picture, including some daring approaches to privacy and data protection. The book will inform and inspire all stakeholders. Researchers with an interest in the philosophy of law and philosophy of technology, in computers and society, and in European and International law will all find something of value in this stimulating and engaging work.

European Union And South Korea

Author: James Harrison
Publisher: Edinburgh University Press
ISBN: 0748668624
Size: 64.52 MB
Format: PDF, ePub
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Written by European and Korean experts in international law, each essay in this volume examines a particular aspect of the legal framework for EU-Korea relations. They analyse the scope and substance of the relevant legal rules, as well as the opport