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Data Protection Around the World

Data Protection Around the World
Author: Elif Kiesow Cortez
Publisher: Springer Nature
Total Pages: 279
Release: 2020-11-20
Genre: Law
ISBN: 9462654077
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This book provides a snapshot of privacy laws and practices from a varied set of jurisdictions in order to offer guidance on national and international contemporary issues regarding the processing of personal data and serves as an up-to-date resource on the applications and practice-relevant examples of data protection laws in different countries. Privacy violations emerging at an ever-increasing rate, due to evolving technology and new lifestyles linked to an intensified online presence of ever more individuals, required the design of a novel data protection and privacy regulation. The EU General Data Protection Regulation (GDPR) stands as an example of a regulatory response to these demands. The authors included in this book offer an in-depth analysis of the national data protection legislation of various countries across different continents, not only including country-specific details but also comparing the idiosyncratic characteristics of these national privacy laws to the GDPR. Valuable comparative information on data protection regulations around the world is thus provided in one concise volume. Due to the variety of jurisdictions covered and the practical examples focused on, both academics and legal practitioners will find this book especially useful, while for compliance practitioners it can serve as a guide regarding transnational data transfers. Elif Kiesow Cortez is Senior Lecturer at the International and European Law Program at The Hague University of Applied Sciences in The Netherlands.

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.

Data Protection in the Internet

Data Protection in the Internet
Author: Dário Moura Vicente
Publisher: Springer Nature
Total Pages: 540
Release: 2019-12-01
Genre: Law
ISBN: 3030280497
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This book identifies and explains the different national approaches to data protection – the legal regulation of the collection, storage, transmission and use of information concerning identified or identifiable individuals – and determines the extent to which they could be harmonised in the foreseeable future. In recent years, data protection has become a major concern in many countries, as well as at supranational and international levels. In fact, the emergence of computing technologies that allow lower-cost processing of increasing amounts of information, associated with the advent and exponential use of the Internet and other communication networks and the widespread liberalization of the trans-border flow of information have enabled the large-scale collection and processing of personal data, not only for scientific or commercial uses, but also for political uses. A growing number of governmental and private organizations now possess and use data processing in order to determine, predict and influence individual behavior in all fields of human activity. This inevitably entails new risks, from the perspective of individual privacy, but also other fundamental rights, such as the right not to be discriminated against, fair competition between commercial enterprises and the proper functioning of democratic institutions. These phenomena have not been ignored from a legal point of view: at the national, supranational and international levels, an increasing number of regulatory instruments – including the European Union’s General Data Protection Regulation applicable as of 25 May 2018 – have been adopted with the purpose of preventing personal data misuse. Nevertheless, distinct national approaches still prevail in this domain, notably those that separate the comprehensive and detailed protective rules adopted in Europe since the 1995 Directive on the processing of personal data from the more fragmented and liberal attitude of American courts and legislators in this respect. In a globalized world, in which personal data can instantly circulate and be used simultaneously in communications networks that are ubiquitous by nature, these different national and regional approaches are a major source of legal conflict.

Data Protection in a Profiled World

Data Protection in a Profiled World
Author: Serge Gutwirth
Publisher: Springer Science & Business Media
Total Pages: 343
Release: 2010-08-03
Genre: Law
ISBN: 9048188652
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One of the most challenging issues facing our current information society is the accelerating accumulation of data trails in transactional and communication systems, which may be used not only to profile the behaviour of individuals for commercial, marketing and law enforcement purposes, but also to locate and follow things and actions. Data mining, convergence, interoperability, ever- increasing computer capacities and the extreme miniaturisation of the hardware are all elements which contribute to a major contemporary challenge: the profiled world. This interdisciplinary volume offers twenty contributions that delve deeper into some of the complex but urgent questions that this profiled world addresses to data protection and privacy. The chapters of this volume were all presented at the second Conference on Privacy and Data Protection (CPDP2009) held in Brussels in January 2009 (www.cpdpconferences.org). The yearly CPDP conferences aim to become Europe’s most important meeting where academics, practitioners, policy-makers and activists come together to exchange ideas and discuss emerging issues in information technology, privacy and data protection and law. This volume reflects the richness of the conference, containing chapters by leading lawyers, policymakers, computer, technology assessment and social scientists. The chapters cover generic themes such as the evolution of a new generation of data protection laws and the constitutionalisation of data protection and more specific issues like security breaches, unsolicited adjustments, social networks, surveillance and electronic voting. This book not only offers a very close and timely look on the state of data protection and privacy in our profiled world, but it also explores and invents ways to make sure this world remains a world we want to live in.

Data Protection Implementation Guide

Data Protection Implementation Guide
Author: Brendan Quinn
Publisher: Kluwer Law International B.V.
Total Pages: 463
Release: 2021-09-02
Genre: Law
ISBN: 9403529016
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The complexities of implementing the General Data Protection Regulation (GDPR) continue to grow as it progresses through new and ever-changing technologies, business models, codes of conduct, and decisions of the supervisory authorities, and the courts. This eminently practical guide to implementing the GDPR – written in an original, problem-solving style by a highly experienced data protection expert with equal knowledge of both law and technology – provides a step-by-step project management approach to building a GDPR-compliant data protection system, assessing, and documenting the risks and then implementing these changes through processes at the operational level. With detailed attention to case law (Member State, ECJ, and ECHR), especially where affecting high-risk areas that have attracted scrutiny, the guidance proceeds systematically through such topics and issues as the following: required documentation, policies, and procedures; risk assessment tools and analysis frameworks; children’s data; employee and health data; international transfers post-Schrems II; data subject rights including the right of access; data retention and erasure; tracking and surveillance; and effects of technologies such as artificial intelligence, biometrics, and machine learning. With its practical examples derived from the author’s experience in building GDPR-compliant software, as well as its analysis of case law and enforcement priorities, this incomparable guide enables company data protection officers and compliance staff to advise on key issues with full awareness of the legal and reputational risks and how to mitigate them. It is also sure to be of immeasurable value to concerned regulators and policymakers at all government levels. “…it's going to be the go to resource for practitioners.” Tom Gilligan, Data Protection Consultant, September 2021 "I purchased this book recently and I’m very glad I did. It’s the textbook I have been waiting for. As someone relatively new to data protection, I was finding it very difficult to find books on the practical side of data protection. This book is very clearly laid out with practical examples and case law given for each topic, which is immensely helpful. I would recommend it to any data protection practitioners." Jennifer Breslin, LLM CIPP/E, AIPP Member

Global Privacy Protection

Global Privacy Protection
Author: James B. Rule
Publisher: Edward Elgar Publishing
Total Pages: 327
Release: 2010-01-01
Genre: Law
ISBN: 1848445121
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The distinguished editors and contributors to this book have produced a valuable report of the state of privacy in a number of jurisdictions with their distinct legal and political traditions. It highlights the challenges we confront in our effort to protect and defend a central democratic ideal. Raymond Wacks, Computer Law and Security Review . . . This book is. . . a seminal piece of literature. . . Although the volume is about privacy law and the international politics of data protection, it is vitally important for the whole field of surveillance studies. It is easy to follow, and written in a way that nonlegal scholars can easily grasp. Nils Zurawski, Surveillance and Society Global Privacy Protection is certainly to be commended. Daniel Seng, Singapore Journal of Legal Studies Global Privacy Protection reviews the origins and history of national privacy codes as social, political and legal phenomena in Australia, France, Germany, Hong Kong, Hungary, South Korea and the United States. The first chapter reviews key international statements on privacy rights, such as the OECD, EU and APEC principles. In the following chapters, the seven national case studies present and analyze the widest variety of privacy stories in an equally varied array of countries. They look beyond the details of what current national data-protection laws allow and prohibit to examine the origins of public concern about privacy; the forces promoting or opposing privacy codes; the roles of media, grassroots activists and elite intervention; and a host of other considerations shaping the present state of privacy protection in each country. Providing a rich description of the interweaving of national traditions, legal institutions, and power relations, this book will be of great interest to scholars engaged in the study of comparative law, information law and policy, civil liberties, and international law. It will also appeal to policy-makers in the many countries now contemplating the adoption of privacy codes, as well as to privacy activists.

Data Protection on the Move

Data Protection on the Move
Author: Serge Gutwirth
Publisher: Springer
Total Pages: 492
Release: 2016-01-09
Genre: Law
ISBN: 9401773769
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This volume brings together papers that offer methodologies, conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the eight annual International Conference on Computers, Privacy, and Data Protection, CPDP 2015, held in Brussels in January 2015. The book explores core concepts, rights and values in (upcoming) data protection regulation and their (in)adequacy in view of developments such as Big and Open Data, including the right to be forgotten, metadata, and anonymity. It discusses privacy promoting methods and tools such as a formal systems modeling methodology, privacy by design in various forms (robotics, anonymous payment), the opportunities and burdens of privacy self management, the differentiating role privacy can play in innovation. The book also discusses EU policies with respect to Big and Open Data and provides advice to policy makers regarding these topics. Also attention is being paid to regulation and its effects, for instance in case of the so-called ‘EU-cookie law’ and groundbreaking cases, such as Europe v. Facebook. This interdisciplinary book was written during what may turn out to be the final stages of the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission. It discusses open issues and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.

Data Protection Law

Data Protection Law
Author: Robert Walters
Publisher: Springer Nature
Total Pages: 451
Release: 2019-09-04
Genre: Law
ISBN: 9811381100
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This book provides a comparison and practical guide for academics, students, and the business community of the current data protection laws in selected Asia Pacific countries (Australia, India, Indonesia, Japan Malaysia, Singapore, Thailand) and the European Union. The book shows how over the past three decades the range of economic, political, and social activities that have moved to the internet has increased significantly. This technological transformation has resulted in the collection of personal data, its use and storage across international boundaries at a rate that governments have been unable to keep pace. The book highlights challenges and potential solutions related to data protection issues arising from cross-border problems in which personal data is being considered as intellectual property, within transnational contracts and in anti-trust law. The book also discusses the emerging challenges in protecting personal data and promoting cyber security. The book provides a deeper understanding of the legal risks and frameworks associated with data protection law for local, regional and global academics, students, businesses, industries, legal profession and individuals.

Data Localization Laws and Policy

Data Localization Laws and Policy
Author: W. Kuan Hon
Publisher: Edward Elgar Publishing
Total Pages: 489
Release: 2017
Genre: Cloud computing
ISBN: 1786431971
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Countries are increasingly introducing data localization laws, threatening digital globalization and inhibiting cloud computing adoption despite its acknowledged benefits. This multi-disciplinary book analyzes the EU restriction (including the Privacy Shield and General Data Protection Regulation) through a cloud computing lens, covering historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data, and control of access to data through security.

The Right to Privacy Revisited

The Right to Privacy Revisited
Author: Özgür Heval Çınar
Publisher: Routledge
Total Pages: 149
Release: 2021-12-21
Genre: Law
ISBN: 1000529134
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This book focuses on the right to privacy in the digital age with a view to see how it is implemented across the globe in different jurisdictions. The right to privacy is one of the rights enshrined in international human rights law. It has been a topic of interest for both academic and non-academic audiences around the world. However, with the increasing digitalisation of modern life, protecting one’s privacy has become more complicated. Both state and non-state organisations make frequent interventions in citizens’ private lives. This edited volume aims to provide an overview of recent development pertaining to the protection of the right to privacy in the different judicial systems such as the European, South Asian, African and Inter-American legal systems. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.