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Vulnerability and Data Protection Law

Vulnerability and Data Protection Law
Author: Gianclaudio Malgieri
Publisher: Oxford University Press
Total Pages: 305
Release: 2023-04-01
Genre: Law
ISBN: 019269751X
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Vulnerability has traditionally been viewed through the lens of specific groups of people, such as ethnic minorities, children, the elderly, or people with disabilities. With the rise of digital media, our perceptions of vulnerable groups and individuals have been reshaped as new vulnerabilities and different vulnerable sub-groups of users, consumers, citizens, and data subjects emerge. Vulnerability and Data Protection Law not only depicts these problems but offers the reader a detailed investigation of the concept of data subjects and a reconceptualization of the notion of vulnerability within the General Data Protection Regulation. The regulation offers a forward-facing set of tools that-though largely underexplored-are essential in rebalancing power asymmetries and mitigating induced vulnerabilities in the age of artificial intelligence. Considering the new risks and potentialities of the digital market, the new awareness about cognitive weaknesses, and the new philosophical sensitivity about the condition of human vulnerability, the author looks for a more general and layered definition of the data subject's vulnerability that goes beyond traditional labels. In doing so, he seeks to promote a 'vulnerability-aware' interpretation of the GDPR. A heuristic analysis that re-interprets the whole GDPR, this work is essential for both scholars of data protection law and for policymakers looking to strengthen regulations and protect the data of vulnerable individuals.

International Cybersecurity and Privacy Law in Practice

International Cybersecurity and Privacy Law in Practice
Author: Charlotte A. Tschider
Publisher: Kluwer Law International B.V.
Total Pages: 429
Release: 2023-08-22
Genre: Law
ISBN: 9403532149
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As jurisdictions increasingly pass new cybersecurity and privacy laws, it is crucial that attorneys secure a working knowledge of information technology to effectively advise organizations that collect and process data. This essential book—now extensively updated to reflect the dramatic legal changes that have taken place in the few short years since its first edition—remains the preeminent in-depth survey and analysis of privacy and cybersecurity laws worldwide. It also provides a deeply informed guide on how to apply legal requirements to protect an organization’s interests and anticipate future compliance developments. With detailed attention to relevant supranational, regional, and national privacy and data protection laws and frameworks, the author describes and analyzes the legal strategies and responsibilities attached to the following and more: prompt, secure ways to identify threats, manage vulnerabilities, and respond to “incidents” and data breaches; most common types of cyberattacks used today; transparency and consent; rights of revocation, erasure, and correction; de-identification and anonymization procedures; data localization; cross-jurisdictional data transfer; contract negotiation; encryption, de-identification, anonymization, and pseudonymization; and Artificial Intelligence as an emerging technology that will require more dynamic and challenging conversations. Balancing legal knowledge with technical awareness and business acumen, this book is an indispensable resource for attorneys who must provide advice on strategic implementations of new technologies, advise on the impact of certain laws on the enterprise, interpret complex cybersecurity and privacy contractual language, and participate in incident response and data breach activities. It will also be of value to other practitioners, such as security personnel and compliance professionals, who will benefit from a broad perspective exploring privacy and data protection laws and their connection with security technologies and broader organizational compliance objectives.

Vulnerability, Childhood and the Law

Vulnerability, Childhood and the Law
Author: Jonathan Herring
Publisher: Springer
Total Pages: 70
Release: 2018-04-05
Genre: Law
ISBN: 3319786865
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This book will challenge the orthodox view that children cannot have the same rights as adults because they are particularly vulnerable. It will argue that we should treat adults and children in the same way as the child liberationists claim. However, the basis of that claim is not that children are more competent than we traditionally given them credit for, but rather that adults are far less competent than we give them credit for. It is commonly assumed that children are more vulnerable. That is why we need to have a special legal regime for children. Children cannot have all the same rights as adults and need especial protect from harms. While in the 1970s “child liberationists” mounted a sustained challenge to this image, arguing that childhood was a form of slavery and that the assumption that children lacked capacity was unsustainable. This movement has significantly fallen out of favour, particularly given increasing awareness of child abuse and the multiple ways that children can be harmed at the hands of adults. This book will explore the concept of vulnerability, the way it used to undermine the interests of children and our assumptions that adults are not vulnerable in the same way that children are. It will argue that a law based around mutual vulnerability can provide an approach which avoids the need to distinguish adults and children.

The Right to Erasure in EU Data Protection Law

The Right to Erasure in EU Data Protection Law
Author: Jef Ausloos
Publisher:
Total Pages:
Release: 2020
Genre: Data protection
ISBN: 9780192587220
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The right to erasure (or ""right to be forgotten"") has become a major flashpoint in the courts and public opinion of the potential and limits of data protection law to empower individuals to control their data. This is the first book to focus on the right to erasure in the context of Article 17 of the GDPR, its theory, history, and legal scope.

Research Handbook on Privacy and Data Protection Law

Research Handbook on Privacy and Data Protection Law
Author: González, Gloria
Publisher: Edward Elgar Publishing
Total Pages: 480
Release: 2022-03-15
Genre: Law
ISBN: 1786438518
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This Research Handbook is an insightful overview of the key rules, concepts and tensions in privacy and data protection law. It highlights the increasing global significance of this area of law, illustrating the many complexities in the field through a blend of theoretical and empirical perspectives.

Vulnerability

Vulnerability
Author: Martha Albertson Fineman
Publisher: Routledge
Total Pages: 246
Release: 2016-02-11
Genre: Law
ISBN: 1317000900
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Martha Albertson Fineman’s earlier work developed a theory of inevitable and derivative dependencies as a way of problematizing the core assumptions underlying the ’autonomous’ subject of liberal law and politics in the context of US equality discourse. Her ’vulnerability thesis’ represents the evolution of that earlier work and situates human vulnerability as a critical heuristic for exploring alternative legal and political foundations. This book draws together major British and American scholars who present different perspectives on the concept of vulnerability and Fineman's ’vulnerability thesis’. The contributors include scholars who have thought about vulnerability in different ways and contexts prior to encountering Fineman’s work, as well as those for whom Fineman’s work provided an introduction to thinking through a vulnerability lens. This collection demonstrates the broad and intellectually exciting potential of vulnerability as a theoretical foundation for legal and political engagements with a range of urgent contemporary challenges. Exploring ways in which vulnerability might provide a new ethical foundation for law and politics, the book will be of interest to the general reader, as well as academics and students in fields such as jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.

Data Matters

Data Matters
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
Total Pages: 103
Release: 2019-01-28
Genre: Science
ISBN: 030948247X
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In an increasingly interconnected world, perhaps it should come as no surprise that international collaboration in science and technology research is growing at a remarkable rate. As science and technology capabilities grow around the world, U.S.-based organizations are finding that international collaborations and partnerships provide unique opportunities to enhance research and training. International research agreements can serve many purposes, but data are always involved in these collaborations. The kinds of data in play within international research agreements varies widely and may range from financial and consumer data, to Earth and space data, to population behavior and health data, to specific project-generated dataâ€"this is just a narrow set of examples of research data but illustrates the breadth of possibilities. The uses of these data are various and require accounting for the effects of data access, use, and sharing on many different parties. Cultural, legal, policy, and technical concerns are also important determinants of what can be done in the realms of maintaining privacy, confidentiality, and security, and ethics is a lens through which the issues of data, data sharing, and research agreements can be viewed as well. A workshop held on March 14-16, 2018, in Washington, DC explored the changing opportunities and risks of data management and use across disciplinary domains. The third workshop in a series, participants gathered to examine advisory principles for consideration when developing international research agreements, in the pursuit of highlighting promising practices for sustaining and enabling international research collaborations at the highest ethical level possible. The intent of the workshop was to explore, through an ethical lens, the changing opportunities and risks associated with data management and use across disciplinary domainsâ€"all within the context of international research agreements. This publication summarizes the presentations and discussions from the workshop.

United States Code

United States Code
Author: United States
Publisher:
Total Pages: 1420
Release: 2001
Genre: Law
ISBN:
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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.

Harboring Data

Harboring Data
Author: Andrea M. Matwyshyn
Publisher: Stanford University Press
Total Pages: 368
Release: 2009-10-06
Genre: Law
ISBN: 0804772592
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As identity theft and corporate data vulnerability continue to escalate, corporations must protect both the valuable consumer data they collect and their own intangible assets. Both Congress and the states have passed laws to improve practices, but the rate of data loss persists unabated and companies remain slow to invest in information security. Engaged in a bottom-up investigation, Harboring Data reveals the emergent nature of data leakage and vulnerability, as well as some of the areas where our current regulatory frameworks fall short. With insights from leading academics, information security professionals, and other area experts, this original work explores the business, legal, and social dynamics behind corporate information leakage and data breaches. The authors reveal common mistakes companies make, which breaches go unreported despite notification statutes, and surprising weaknesses in the federal laws that regulate financial data privacy, children's data collection, and health data privacy. This forward-looking book will be vital to meeting the increasing information security concerns that new data-intensive business models will have.