Author : Maja Brkan
Publisher : Edward Elgar Publishing
Page : 269 pages
File Size : 14,15 MB
Release : 2017-05-26
Category : Computers
ISBN : 1784718718
Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances – namely, what can I do if my data privacy rights are breached?
Author : Mariusz Krzysztofek
Publisher : Kluwer Law International B.V.
Page : 330 pages
File Size : 49,40 MB
Release : 2021-04-07
Category : Law
ISBN : 9403532718
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.
Author :
Publisher :
Page : 48 pages
File Size : 45,40 MB
Release : 2005
Category : Computer security
ISBN :
Author : Oreste Pollicino
Publisher : Bloomsbury Publishing
Page : 269 pages
File Size : 29,14 MB
Release : 2021-04-22
Category : Law
ISBN : 1509912703
This book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law. The book aims to emancipate the debate on internet law and jurisprudence from the dominant position, with specific reference to European legal regimes. This approach aims to inject a European and constitutional “soul” into the topic. Moreover, the book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue. This innovative book provides a thorough analysis of the forms, models and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States. The book offers the first comparative analysis in which the notion of (judicial) frame, borrowed from linguistic and cognitive studies, is systematically applied to the theories of interpretation and argumentation. With a Foreword by Robert Spano, President of the European Court of Human Rights.
Author : Gupta, Brij B.
Publisher : IGI Global
Page : 407 pages
File Size : 47,23 MB
Release : 2020-02-07
Category : Computers
ISBN : 1799822435
Businesses in today’s world are adopting technology-enabled operating models that aim to improve growth, revenue, and identify emerging markets. However, most of these businesses are not suited to defend themselves from the cyber risks that come with these data-driven practices. To further prevent these threats, they need to have a complete understanding of modern network security solutions and the ability to manage, address, and respond to security breaches. The Handbook of Research on Intrusion Detection Systems provides emerging research exploring the theoretical and practical aspects of prominent and effective techniques used to detect and contain breaches within the fields of data science and cybersecurity. Featuring coverage on a broad range of topics such as botnet detection, cryptography, and access control models, this book is ideally designed for security analysts, scientists, researchers, programmers, developers, IT professionals, scholars, students, administrators, and faculty members seeking research on current advancements in network security technology.
Author : Federico Fabbrini
Publisher : Bloomsbury Publishing
Page : 260 pages
File Size : 26,51 MB
Release : 2021-02-11
Category : Law
ISBN : 1509940685
This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.
Author : Róisín Á Costello
Publisher : Bloomsbury Publishing
Page : 411 pages
File Size : 32,68 MB
Release : 2023-08-10
Category : Law
ISBN : 1526524546
Provides an analysis of the origins, current sources, and character of privacy law in Ireland with a particular focus on how to navigate privacy claims and balance privacy with other interests before the Irish courts. It clarifies the relationship between private law protection of privacy rights in tort and statute, and constitutional conceptions of the right and compares how European Union and international law impacts on the privacy jurisprudence of the Irish courts. Part One: Addresses the sources of privacy rights in Ireland, with an account of how the right to privacy has been protected under the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, explaining the influence of the ECHR on privacy adjudication before the CJEU and outlining the trickle-down impact of the decisions of both courts on the secondary laws of the European Union, and national law in turn. Part Two: Considers the genres of privacy recognised by the Irish courts namely, personal, spatial and informational privacy. The chapters in this part consider the recent decisions in respect of data retention and privacy rights in Dwyer v Commissioner of Garda Síochána as well as the implications of the CJEU and Supreme Court decisions in the matter for criminal prosecutions relying on data retained under the now invalidated legislation. Part Two also considers the recent Supreme Court decision in DPP v Quinn which adds significantly to the jurisprudence of the Irish courts in respect of digital privacy under Article 40.5 of the Constitution, and has implications for the search of digital devices more broadly. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.
Author : A. Jean Thomas
Publisher : Springer Nature
Page : 359 pages
File Size : 37,97 MB
Release : 2023-01-13
Category : Social Science
ISBN : 9811981329
This book explores the current impasse that global regulators face in the digital sphere. Computer technology has advanced human civilization tenfold, but the freedom to interact with others in cyberspace has made individuals, discrete communities, organizations and governments more vulnerable to abuse. In consequence, political decision-makers are seriously considering granting limited legal immunity to victims who decide to ‘hack- back.’ Many victims frustrated by the slow pace of law enforcement in cyberspace have chosen to ‘take the law into their own hands,’ retaliating against those who have stolen valuable data and damaged network operations. Political deliberations about limited immunity for hackbacks usually ignore global justice and moral justifications for ‘active defense’ policies. Typically, cyber security policies balance deterrence against two different understandings of morality and the ‘good life’ : fairness or welfare. This book proposes a third moral rationale for cyber security policies : capability theory, developed principally by Amartya Sen and Martha Nussbaum. Properly formulated, a capability-based defense of retaliatory hackbacks can minimize attribution and cyber-escalation risks, deter bad behavior by casual computer users, disingenuous security experts, big tech companies, criminals and rogue governments, and satisfy calls for more retributive and distributive justice in the ‘open world’. This book will appeal to legal theorists, political philosophers, social activists, investors, international relations scholars and businesspeople in the tech community.
Author : Giovanna De Minico
Publisher : Routledge
Page : 252 pages
File Size : 32,91 MB
Release : 2021-02-15
Category : Law
ISBN : 1000179737
This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.
Author : Dário Moura Vicente
Publisher : Springer Nature
Page : 540 pages
File Size : 34,68 MB
Release : 2019-12-01
Category : Law
ISBN : 3030280497
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.
