The Fundamental Right to Data Protection

The Fundamental Right to Data Protection

This timely book investigates the normative significance of data protection as a fundamental right in the EU. The first part of the book examines the scope, the content and the capabilities of data protection as a fundamental right to ...

Author: Maria Tzanou

Publisher: Bloomsbury Publishing

ISBN: 9781509901692

Category: Law

Page: 320

View: 127

Since the entry into force of the Lisbon Treaty, data protection has been elevated to the status of a fundamental right in the European Union and is now enshrined in the EU Charter of Fundamental Rights alongside the right to privacy. This timely book investigates the normative significance of data protection as a fundamental right in the EU. The first part of the book examines the scope, the content and the capabilities of data protection as a fundamental right to resolve problems and to provide for an effective protection. It discusses the current approaches to this right in the legal scholarship and the case-law and identifies the limitations that prevent it from having an added value of its own. It suggests a theory of data protection that reconstructs the understanding of this right and could guide courts and legislators on data protection issues. The second part of the book goes on to empirically test the reconstructed right to data protection in four case-studies of counter-terrorism surveillance: communications metadata, travel data, financial data and Internet data surveillance. The book will be of interest to academics, students, policy-makers and practitioners in EU law, privacy, data protection, counter-terrorism and human rights law.
Categories: Law

The Emergence of Personal Data Protection as a Fundamental Right of the EU

The Emergence of Personal Data Protection as a Fundamental Right of the EU

This book explores the coming into being in European Union (EU) law of the fundamental right to personal data protection.

Author: Gloria González Fuster

Publisher: Springer Science & Business

ISBN: 9783319050232

Category: Law

Page: 274

View: 537

This book explores the coming into being in European Union (EU) law of the fundamental right to personal data protection. Approaching legal evolution through the lens of law as text, it unearths the steps that led to the emergence of this new right. It throws light on the right’s significance, and reveals the intricacies of its relationship with privacy. The right to personal data protection is now officially recognised as an EU fundamental right. As such, it is expected to play a critical role in the future European personal data protection legal landscape, seemingly displacing the right to privacy. This volume is based on the premise that an accurate understanding of the right’s emergence is crucial to ensure its correct interpretation and development. Key questions addressed include: How did the new right surface in EU law? How could the EU Charter of Fundamental Rights claim to render ‘more visible’ an invisible right? And how did EU law allow for the creation of a new right while ensuring consistency with existing legal instruments and case law? The book first investigates the roots of personal data protection, studying the redefinition of privacy in the United States in the 1960s, as well as pioneering developments in European countries and in international organisations. It then analyses the EU’s involvement since the 1970s up to the introduction of legislative proposals in 2012. It grants particular attention to changes triggered in law by language and, specifically, by the coexistence of languages and legal systems that determine meaning in EU law. Embracing simultaneously EU law’s multilingualism and the challenging notion of the untranslatability of words, this work opens up an inspiring way of understanding legal change. This book will appeal to legal scholars, policy makers, legal practitioners, privacy and personal data protection activists, and philosophers of law, as well as, more generally, anyone interested in how law works.
Categories: Law

The EU Data Protection Directive

The EU Data Protection Directive

So now data protection must be considered a fundamental human right , and the
same chart makes reference to the necessity of an independent authority . These
independent authorities , existing in all 15 countries in Europe , meet together in
 ...

Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Trade, and Consumer Protection

Publisher:

ISBN: PSU:000045415722

Category: Confidential communications

Page: 102

View: 243

Categories: Confidential communications

The Foundations of EU Data Protection Law

The Foundations of EU Data Protection Law

A timely and innovative examination of the EU data protection regime, this book challenges existing assumptions about data protection and expounds a clear vision for the future of this crucial and contentious area of law.

Author: Orla Lynskey

Publisher: Oxford University Press

ISBN: 9780198718239

Category: Law

Page: 307

View: 628

A timely and innovative examination of the EU data protection regime, this book challenges existing assumptions about data protection and expounds a clear vision for the future of this crucial and contentious area of law.
Categories: Law

The Risk Based Approach to Data Protection

The Risk Based Approach to Data Protection

This re- understanding of data protection and its various mechanisms such as
consent, data subject rights, data quality principles, etc as pertaining to regulatory
activity is interesting for its own sake, but also because it can provide valuable ...

Author: Raphaël Gellert

Publisher: Oxford University Press, USA

ISBN: 9780198837718

Category: Law

Page: 304

View: 206

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.
Categories: Law

Lessons from the Identity Trail

Lessons from the Identity Trail

The right to personal data protection was recognized in 2000 as an autonomous
right by the Charter of Fundamental Rights of the European Union.15 It is
mentioned in Art. 8 and is considered a right of freedom. Anonymity Anonymity
can be ...

Author: Ian Kerr

Publisher: Oxford University Press, USA

ISBN: 9780195372472

Category: Law

Page: 554

View: 266

During the past decade, rapid developments in information and communications technology have transformed key social, commercial and political realities. Within that same time period, working at something less than internet speed, much of the academic and policy debates arising from these new and emerging technologies have been fragmented. There have been few examples of interdisciplinary dialogue about the potential for anonymity and privacy in a networked society. Lessons from the Identity Trail fills that gap, and examines key questions about anonymity, privacy and identity in an environment that increasingly automates the collection of personal information and uses surveillance to reduce corporate and security risks. This project has been informed by the results of a multi-million dollar research project that has brought together a distinguished array of philosophers, ethicists, feminists, cognitive scientists, lawyers, cryptographers, engineers, policy analysts, government policy makers and privacy experts. Working collaboratively over a four-year period and participating in an iterative process designed to maximize the potential for interdisciplinary discussion and feedback through a series of workshops and peer review, the authors have integrated crucial public policy themes with the most recent research outcomes.
Categories: Law

The Right to Erasure in EU Data Protection Law

The Right to Erasure in EU Data Protection Law

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.

Author: Jef Ausloos

Publisher: Oxford University Press, USA

ISBN: 0198847971

Category: Law

Page: 560

View: 165

This book critically investigates the role of data subject rights in countering information and power asymmetries online. It aims at dissecting 'data subject empowerment' in the information society through the lens of the right to erasure ("right to be forgotten") in Article 17 of the General Data Protection Regulation (GDPR). In doing so, it provides an extensive analysis of the interaction between the GDPR and the fundamental right to data protection in Art.8 of the Charter of Fundamental Rights of the EU (Charter), how data subject rights affect fair balancing of fundamental rights, and what the practical challenges are to effective data subject rights. The book starts with exploring the data-driven asymmetries that characterise individuals' relationship with tech giants. These commercial entities increasingly anticipate and govern how people interact with each other and the world around them, affecting core values such as individual autonomy, dignity and freedom. The book explores how data protection law, and data subject rights in particular, enable resisting, breaking down or at the very least critically engaging with these asymmetric relationships. It concludes that despite substantial legal and practical hurdles, the GDPR's right to erasure does play a meaningful role in furthering the fundamental right to data protection (Art. 8 Charter) in the face of power asymmetries online.
Categories: Law

Annual Report on the Situation Regarding the Protection of Individuals with Regard to the Processing of Personal Data and Privacy in the European Union and in Third Countries

Annual Report on the Situation Regarding the Protection of Individuals with Regard to the Processing of Personal Data and Privacy in the European Union and in Third Countries

Especially since Article 8 of the Charter of Fundamental Rights of the European
Union recognised data protection as an autonomous fundamental right and
made the availability of independent authorities a necessary condition to
safeguard it ...

Author:

Publisher:

ISBN: UVA:X004822467

Category:

Page:

View: 842

Categories:

Official Records of the Human Rights Committee

Official Records of the Human Rights Committee

Privacy is above all protected by the fundamental right to data protection . Article
1 of the 1978 Data Protection Act , which is an integral part of constitutional law ,
reads as follows : 1. Everyone has the right to secrecy of his own personal data ...

Author: United Nations. Human Rights Committee

Publisher:

ISBN: MINN:31951P005112623

Category: Human rights

Page:

View: 927

Categories: Human rights

Sensitive Data Protection in the European Union

Sensitive Data Protection in the European Union

the processing of sensitive personal data must be interpreted in the light of the
fundamental rights recognised by the European Convention for the Protection of
Human Rights and Fundamental Freedoms ( hereafter EHCR ) adopted in 1950 ...

Author: Anne Cammilleri-Subrenat

Publisher: Emile Bruylant

ISBN: STANFORD:36105134406375

Category: Data protection

Page: 250

View: 687

Recoge: Part I: Delicate qualification of sensitive data by European and international organisations - Part II: The European processing of sensitive data - General conclusion.
Categories: Data protection

Data Privacy and Security

Data Privacy and Security

European Human Rights Convention was superfluous since that Convention had
the same force as domestic law. The reference to the Convention was included at
the insistence of the Opposition, both because the Data Protection Act was ...

Author: J. J. P. Kenny

Publisher: Pergamon

ISBN: UCSC:32106006887191

Category: Computers

Page: 240

View: 601

Categories: Computers

Security and Data Protection with SAP Systems

Security and Data Protection with SAP Systems

and the professional rules and security measures which are complied with in that
country. ... Data that can negatively affect a person's fundamental rights or privacy
(because of its nature) may not be processed without the subject's express ...

Author: Werner Hornberger

Publisher: Addison-Wesley Professional

ISBN: UCSC:32106011407969

Category: Computers

Page: 333

View: 122

This official SAP book offers a complete overview of SAP security functions and their place in a company-wide security policy.
Categories: Computers

Privacy and Data Protection

Privacy and Data Protection

2 ) To pass an Act on the Protection of Personal Data , the vote of two - thirds of
the National Assembly shall be required " . Thus a basic constitutional right to
privacy exists . This provision was subject to judicial scrutiny in a case which ...

Author: Organisation for Economic Co-operation and Development. Committee for Information, Computer, and Communications Policy

Publisher: Organization for Economic

ISBN: UOM:39015032478250

Category: Data protection

Page: 71

View: 369

Categories: Data protection

Sixth Annual Report on the Situation Regarding the Protection of Individuals with Regard to the Processing of Personal Data and Privacy in the European Union and in Third Countries

Sixth Annual Report on the Situation Regarding the Protection of Individuals with Regard to the Processing of Personal Data and Privacy in the European Union and in Third Countries

Especially since Article 8 of the Charter of Fundamental Rights of the European
Union recognised data protection as an autonomous fundamental right and
made the availability of independent authorities a necessary condition to
safeguard it ...

Author: European Commission

Publisher:

ISBN: UCBK:C077703745

Category: Computer security

Page: 96

View: 243

Categories: Computer security

Transnational Data Report

Transnational Data Report

By recognizing the right to informational self - determination the Federal
Constitutional Court has acknowledged that data protection is a fundamental
right . The Federal Data Protection Act will in particular have to be examined if the
 ...

Author:

Publisher:

ISBN: UOM:35128001931698

Category: Computer networks

Page:

View: 739

Categories: Computer networks

The Charter of Fundamental Rights of the European Union and the Work of the Convention

The Charter of Fundamental Rights of the European Union and the Work of the Convention

We want new fundamental rights to be codified in the domains of the environment
, the life sciences , data protection and the right of the individual to determine how
his or her personal data are used . The diverse forms of cohabitation and ...

Author:

Publisher:

ISBN: UOM:39015052672907

Category: Charter of Fundamental Rights of the European Union

Page: 495

View: 382

Categories: Charter of Fundamental Rights of the European Union

The Privacy Law Sourcebook

The Privacy Law Sourcebook

... international co - operation in matters of cyber - crime outside its own
membership , needs to pay particular attention to the protection of fundamental
rights and freedoms , especially the right to privacy and personal data protection .

Author:

Publisher:

ISBN: STANFORD:36105062984088

Category: Data encryption (Computer science)

Page:

View: 363

Categories: Data encryption (Computer science)

Bulletin on Constitutional Case law

Bulletin on Constitutional Case law

Headnotes : pore Historica employed or It is against the constitutional right to
personal data protection to make public personal data processed by the
Historical Archives of the Hungarian State Security on employees , collaborators
and ...

Author:

Publisher:

ISBN: UVA:X030345087

Category: Constitutional courts

Page:

View: 524

Categories: Constitutional courts

Papers by command

Papers by command

response to that recommendation showed that the present national legislations
gave insufficient protection to individual privacy and other rights and interests of
individuals with regard to automated data banks. On the basis of these findings, ...

Author: Great Britain. Parliament. House of Commons

Publisher:

ISBN: STANFORD:36105117920236

Category: Legislation

Page:

View: 119

Categories: Legislation

Netherlands International Law Review

Netherlands International Law Review

Having regard to the close link between data protection and the protection of
human rights , two questions have arisen . Initially , people wondered if data
protection could not be secured through interpretation of existing human rights ...

Author:

Publisher:

ISBN: STANFORD:36105061240326

Category: Comparative law

Page:

View: 930

Categories: Comparative law