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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
Genre: Computers
ISBN: 0192870335

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Vulnerability and Data Protection Law offers a rich analysis of the meaning of 'data subjects' and 'vulnerability' within the context of the General Data Protection Regulation. It seeks to reconceptualise data subjects' vulnerability in the digital age and to promote a 'vulnerability-aware' interpretation of the GDPR.


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.


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.


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.


Disclosure of Security Vulnerabilities

Disclosure of Security Vulnerabilities
Author: Alana Maurushat
Publisher: Springer Science & Business Media
Total Pages: 127
Release: 2014-07-08
Genre: Law
ISBN: 144715004X

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Much debate has been given as to whether computer security is improved through the full disclosure of security vulnerabilities versus keeping the problems private and unspoken. Although there is still tension between those who feel strongly about the subject, a middle ground of responsible disclosure seems to have emerged. Unfortunately, just as we’ve moved into an era with more responsible disclosure, it would seem that a market has emerged for security vulnerabilities and zero day exploits. Disclosure of Security Vulnerabilities: Legal and Ethical Issues considers both the ethical and legal issues involved with the disclosure of vulnerabilities and explores the ways in which law might respond to these challenges.


The Risk-Based Approach to Data Protection

The Risk-Based Approach to Data Protection
Author: Raphaël Gellert
Publisher: Oxford University Press, USA
Total Pages: 305
Release: 2020-10-06
Genre: Law
ISBN: 0198837712

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The concept of a risk-based approach to data protection came to the fore during the overhaul process of the EU's General Data Protection Regulation (GDPR). At its core, it consists of endowing the regulated organizations that process personal data with increased responsibility for complying with data protection mandates. Such increased compliance duties are performed through risk management tools. This book provides a comprehensive analysis of this legal and policy development, which considers a legal, historical, and theoretical perspective. By framing the risk-based approach as a sui generis implementation of a specific regulation model known as meta regulation, this book provides a recollection of the policy developments that led to the adoption of the risk-based approach in light of regulation theory and debates. It also discusses a number of salient issues pertaining to the risk-based approach, such as its rationale, scope, and meaning; the role for regulators; and its potential and limits. The book also looks at they way it has been undertaken in major statutes with a focus on key provisions, such as data protection impact assessments or accountability. Finally, the book devotes considerable attention to the notion of risk. It explains key terms such as risk assessment and management. It discusses in-depth the role of harms in data protection, the meaning of a data protection risk, and the difference between risks and harms. It also critically analyses prevalent data protection risk management methodologies and explains the most important caveats for managing data protection risks.


Breached!

Breached!
Author: Daniel J. Solove
Publisher: Oxford University Press
Total Pages: 257
Release: 2022
Genre: LAW
ISBN: 0190940557

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Web-based connections permeate our lives - and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is remarkable how many problems there are with cybersecurity. Despite the passage of many data security laws, data breaches are increasingat a record pace. In Breached!, Daniel Solove and Woodrow Hartzog, two of the world's leading experts on cybersecurity and privacy issues, argue that the law fails because, ironically, it focuses too much on the breach itself.Drawing insights from many fascinating stories about data breaches, Solove and Hartzog show how major breaches could have been prevented through inexpensive, non-cumbersome means. They also reveal why the current law is counterproductive. It pummels organizations that have suffered a breach, butdoesn't recognize other contributors to the breach. These outside actors include software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage inrisky behaviors, and more.The law's also ignores the role that good privacy practices can play. Although humans are the weakest link for data security, the law remains oblivious to the fact that policies and technologies are often designed with a poor understanding of human behavior. Breached! corrects this course byfocusing on the human side of security. This book sets out a holistic vision for data security law - one that holds all actors accountable, understands security broadly and in relationship to privacy, looks to prevention rather than reaction, and is designed with people in mind. The book closes witha roadmap for how we can reboot law and policy surrounding cybersecurity so that breaches become much rarer events.


Vulnerability, Childhood and the Law

Vulnerability, Childhood and the Law
Author: Jonathan Herring
Publisher: Springer
Total Pages: 74
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.


Data Protection in a Post-Pandemic Society

Data Protection in a Post-Pandemic Society
Author: Chaminda Hewage
Publisher: Springer Nature
Total Pages: 246
Release: 2023-07-11
Genre: Computers
ISBN: 303134006X

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This book offers the latest research results and predictions in data protection with a special focus on post-pandemic society. This book also includes various case studies and applications on data protection. It includes the Internet of Things (IoT), smart cities, federated learning, Metaverse, cryptography and cybersecurity. Data protection has burst onto the computer security scene due to the increased interest in securing personal data. Data protection is a key aspect of information security where personal and business data need to be protected from unauthorized access and modification. The stolen personal information has been used for many purposes such as ransom, bullying and identity theft. Due to the wider usage of the Internet and social media applications, people make themselves vulnerable by sharing personal data. This book discusses the challenges associated with personal data protection prior, during and post COVID-19 pandemic. Some of these challenges are caused by the technological advancements (e.g. Artificial Intelligence (AI)/Machine Learning (ML) and ChatGPT). In order to preserve the privacy of the data involved, there are novel techniques such as zero knowledge proof, fully homomorphic encryption, multi-party computations are being deployed. The tension between data privacy and data utility drive innovation in this area where numerous start-ups around the world have started receiving funding from government agencies and venture capitalists. This fuels the adoption of privacy-preserving data computation techniques in real application and the field is rapidly evolving. Researchers and students studying/working in data protection and related security fields will find this book useful as a reference.