Reforming European Data Protection Law

Reforming European Data Protection Law PDF

Author: Serge Gutwirth

Publisher: Springer

Published: 2014-11-17

Total Pages: 409

ISBN-13: 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.

GDPR: Personal Data Protection in the European Union

GDPR: Personal Data Protection in the European Union PDF

Author: Mariusz Krzysztofek

Publisher: Kluwer Law International B.V.

Published: 2021-04-07

Total Pages: 330

ISBN-13: 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.

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

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

Author: Mariusz Krzysztofek

Publisher: Kluwer Law International B.V.

Published: 2018-11-01

Total Pages: 346

ISBN-13: 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.

Emerging Challenges in Privacy Law

Emerging Challenges in Privacy Law PDF

Author: Normann Witzleb

Publisher: Cambridge University Press

Published: 2014-04-17

Total Pages: 469

ISBN-13: 1107041678

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

Post-reform Personal Data Protection in the European Union

Post-reform Personal Data Protection in the European Union PDF

Author: Mariusz Krzysztofek

Publisher: Kluwer Law International

Published: 2017

Total Pages: 0

ISBN-13: 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.

Handbook on European data protection law

Handbook on European data protection law PDF

Author: Council of Europe

Publisher: Council of Europe

Published: 2018-04-15

Total Pages: 402

ISBN-13: 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.

Research Handbook on EU Data Protection Law

Research Handbook on EU Data Protection Law PDF

Author: Kosta, Eleni

Publisher: Edward Elgar Publishing

Published: 2022-04-19

Total Pages: 672

ISBN-13: 1800371683

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Bringing together leading European scholars, this thought-provoking Research Handbook provides a state-of-the-art overview of the scope of research and current thinking in the area of European data protection. Offering critical insights on prominent strands of research, it examines key challenges and potential solutions in the field. Chapters explore the fundamental right to personal data protection, government-to-business data sharing, data protection as performance-based regulation, privacy and marketing in data-driven business models, data protection and judicial automation, and the role of consent in an algorithmic society.

Reforming the Common European Asylum System

Reforming the Common European Asylum System PDF

Author: Vincent Chetail

Publisher: BRILL

Published: 2016-02-25

Total Pages: 549

ISBN-13: 9004308660

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This book analyses the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. It provides a comprehensive and critical account of the recast instruments governing asylum law in the European Union.

Handbook on European Data Protection Law

Handbook on European Data Protection Law PDF

Author: Union européenne. Agence des droits fondamentaux

Publisher:

Published: 2014

Total Pages: 209

ISBN-13: 9789292393298

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The aim of this handbook is to raise awareness and improve knowledge of data protection rules in European Union and Council of Europe member states by serving as the main point of reference to which readers can turn. It is designed for non-specialist legal professionals, judges, national data protection authorities and other persons working in the field of data protection.

The Unaccountable State of Surveillance

The Unaccountable State of Surveillance PDF

Author: Clive Norris

Publisher: Springer

Published: 2017-01-24

Total Pages: 506

ISBN-13: 3319475738

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This book examines the ability of citizens across ten European countries to exercise their democratic rights to access their personal data. It presents a socio-legal research project, with the researchers acting as citizens, or data subjects, and using ethnographic data collection methods. The research presented here evidences a myriad of strategies and discourses employed by a range of public and private sector organizations as they obstruct and restrict citizens' attempts to exercise their informational rights. The book also provides an up-to-date legal analysis of legal frameworks across Europe concerning access rights and makes several policy recommendations in the area of informational rights. It provides a unique and unparalleled study of the law in action which uncovered the obstacles that citizens encounter if they try to find out what personal data public and private sector organisations collect and store about them, how they process it, and with whom they share it. These are simple questions to ask, and the right to do so is enshrined in law, but getting answers to these questions was met by a raft of strategies which effectively denied citizens their rights. The book documents in rich ethnographic detail the manner in which these discourses of denial played out in the ten countries involved, and explores in depth the implications for policy and regulatory reform.