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Transatlantic Jurisdictional Conflicts in Data Protection Law
This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction. Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the EU's General Data Protection Regulation started applying in 2018, its data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.
Geopolitical and Humanitarian Aspects of the Belarus–EU Border Conflict
This book provides a broad geopolitical and legal analysis of the longer-term dispute between the Belarusian regime and the European Union, played out through conflict on the Polish–Belarusian border, which started in 2021. Although Poland finds itself at the center of this conflict, the book covers all countries whose territorial integrity has been affected, revealing a Belarusian regime taking advantage of the refugee crisis as a tool of hybrid warfare for destabilizing the political situation. As such, it also examines the role of Russia and its influence by means of its Belarusian neighbor, exposing the underlying motivations and mechanisms used by the Lukashenko regime towards the Eur...
Data Protection and Privacy Under Pressure
Since the Snowden revelations, the adoption in May 2016 of the General Data Protection Regulation and several ground-breaking judgments of the Court of Justice of the European Union, data protection and privacy are high on the agenda of policymakers, industries and the legal research community. Against this backdrop, Data Protection and Privacy under Pressure sheds light on key developments where individuals’ rights to data protection and privacy are at stake. The book discusses the persistent transatlantic tensions around various EU-US data transfer mechanisms and EU jurisdiction claims over non-EU-based companies, both sparked by milestone court cases. Additionally, it scrutinises the expanding control or surveillance mechanisms and interconnection of databases in the areas of migration control, internal security and law enforcement, and oversight thereon. Finally, it explores current and future legal challenges related to big data and automated decision-making in the contexts of policing, pharmaceutics and advertising.
New Technologies and Human Rights
Whilst advances in biotechnology and information technology have undoubtedly resulted in better quality of life for mankind, they can also bring about global problems. The legal response to the challenges caused by the rapid progress of technological change has been slow and the question of how international human rights should be protected and promoted with respect to science and technology remains unexplored. The contributors to this book explore the political discourse and power relations of technological growth and human rights issues between the Global South and the Global North and uncover the different perspectives of both regions. They investigate the conflict between technology and human rights and the perpetuation of inequality and subjection of the South to the North. With emerging economies such as Brazil playing a major role in trade, investment and financial law, the book examines how human rights are affected in Southern countries and identifies significant challenges to reform in the areas of international law and policy.
European Data Protection: Coming of Age
On 25 January 2012, the European Commission presented its long awaited new “Data protection package”. With this proposal for a drastic revision of the data protection framework in Europe, it is fair to say that we are witnessing a rebirth of European data protection, and perhaps, its passage from an impulsive youth to a more mature state. Technology advances rapidly and mobile devices are significantly changing the landscape. Increasingly, we carry powerful, connected, devices, whose location and activities can be monitored by various stakeholders. Very powerful social network sites emerged in the first half of last decade, processing personal data of many millions of users. Updating the...
Privacy Impact Assessment
Virtually all organisations collect, use, process and share personal data from their employees, customers and/or citizens. In doing so, they may be exposing themselves to risks, from threats and vulnerabilities, of that data being breached or compromised by negligent or wayward employees, hackers, the police, intelligence agencies or third-party service providers. A recent study by the Ponemon Institute found that 70 per cent of organisations surveyed had suffered a data breach in the previous year. Privacy impact assessment is a tool, a process, a methodology to identify, assess, mitigate or avoid privacy risks and, in collaboration with stakeholders, to identify solutions. Contributors to ...
Artificial Intelligence and Human Rights
The scope of Artificial Intelligence's (AI) hold on modern life is only just beginning to be fully understood. Academics, professionals, policymakers, and legislators are analysing the effects of AI in the legal realm, notably in human rights work. Artificial Intelligence technologies and modern human rights have lived parallel lives for the last sixty years, and they continue to evolve with one another as both fields take shape. Human Rights and Artificial Intelligence explores the effects of AI on both the concept of human rights and on specific topics, including civil and political rights, privacy, non-discrimination, fair procedure, and asylum. Second- and third-generation human rights are also addressed. By mapping this relationship, the book clarifies the benefits and risks for human rights as new AI applications are designed and deployed. Its granular perspective makes Human Rights and Artificial Intelligence a seminal text on the legal ramifications of machine learning. This expansive volume will be useful to academics and professionals navigating the complex relationship between AI and human rights.
Privacy Symposium 2023
This book presents the proceedings of the Privacy Symposium 2023. the book features a collection of high-quality research works and professional perspectives on personal data protection and emerging technologies. Gathering legal and technology expertise, it provides cutting-edge perspective on international data protection regulations convergence, as well as data protection compliance of emerging technologies, such as artificial intelligence, e-health, blockchain, edge computing, Internet of Things, V2X and smart grid. Papers encompass various topics, including international law and comparative law in data protection and compliance, cross-border data transfer, emerging technologies and data protection compliance, data protection by design, technology for compliance and data protection, data protection good practices across industries and verticals, cybersecurity and data protection, assessment and certification of data protection compliance, and data subject rights implementation.
Data Protection and Privacy, Volume 16
This book explores the complexity and depths of our digital world by providing a selection of analyses and discussions from the 16th annual international conference on Computers, Privacy and Data Protection (CPDP): Ideas that Drive Our Digital World. The first half of the book focuses on issues related to the GDPR and data. These chapters provide a critical analysis of the 5-year history of the complex GDPR enforcement system, covering: codes of conduct as a potential co-regulation instrument for the market; an interdisciplinary approach to privacy assessment on synthetic data; the ethical implications of secondary use of publicly available personal data; and automating technologies and GDPR...
Privacy Technologies and Policy
This book constitutes the thoroughly refereed post-conference proceedings of the 5th Annual Privacy Forum, APF 2017, held in Vienna, Austria, in June 2017. The 12 revised full papers were carefully selected from 41 submissions on the basis of significance, novelty, and scientific quality. These selected papers are organized in three different chapters corresponding to the conference sessions. The first chapter, “Data Protection Regulation”, discusses topics concerning big genetic data, a privacy-preserving European identity ecosystem, the right to be forgotten und the re-use of privacy risk analysis. The second chapter, “Neutralisation and Anonymization”, discusses neutralisation of threat actors, privacy by design data exchange between CSIRTs, differential privacy and database anonymization. Finally, the third chapter, “Privacy Policies in Practice”, discusses privacy by design, privacy scores, privacy data management in healthcare and trade-offs between privacy and utility.
