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The Risk-Based Approach to Data Protection
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 recol...
Reforming European Data Protection Law
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 ...
The Space of the World
Over the past thirty years, humanity has made a huge mistake. We handed over to big tech decisions that have allowed them to build what has become our "space of the world" – the highly artificial space of social media platforms where much of our social life now unfolds. This has proved reckless and has huge social consequences. The toxic effects on social life, young people’s mental health, and political solidarity are well known, but the key factor underlying all this has been missed: the fact that humanity allowed business to construct our space of the world at all and then exploit it for profit. In the process, we ignored two millennia of political thought about the conditions under w...
Privacy Risk Analysis
Privacy Risk Analysis fills a gap in the existing literature by providing an introduction to the basic notions, requirements, and main steps of conducting a privacy risk analysis. The deployment of new information technologies can lead to significant privacy risks and a privacy impact assessment should be conducted before designing a product or system that processes personal data. However, if existing privacy impact assessment frameworks and guidelines provide a good deal of details on organizational aspects (including budget allocation, resource allocation, stakeholder consultation, etc.), they are much vaguer on the technical part, in particular on the actual risk assessment task. For priv...
Between Truth and Power
This work explores the relationships between legal institutions and political and economic transformation. It argues that as law is enlisted to help produce the profound economic and sociotechnical shifts that have accompanied the emergence of the informational economy, it is changing in fundamental ways.
The Foundations of EU Data Protection Law
Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU ...
Private Selves
Explores different conceptions of legal personhood within EU data protection law and wider issues of privacy and individual rights.
European Data Protection: In Good Health?
Although Europe has a significant legal data protection framework, built up around EU Directive 95/46/EC and the Charter of Fundamental Rights, the question of whether data protection and its legal framework are ‘in good health’ is increasingly being posed. Advanced technologies raise fundamental issues regarding key concepts of data protection. Falling storage prices, increasing chips performance, the fact that technology is becoming increasingly embedded and ubiquitous, the convergence of technologies and other technological developments are broadening the scope and possibilities of applications rapidly. Society however, is also changing, affecting the privacy and data protection lands...
Data Protection and Privacy: (In)visibilities and Infrastructures
This book features peer reviewed contributions from across the disciplines on themes relating to protection of data and to privacy protection. The authors explore fundamental and legal questions, investigate case studies and consider concepts and tools such as privacy by design, the risks of surveillance and fostering trust. Readers may trace both technological and legal evolution as chapters examine current developments in ICT such as cloud computing and the Internet of Things. Written during the process of the fundamental revision of revision of EU data protection law (the 1995 Data Protection Directive), this volume is highly topical. Since the European Parliament has adopted the General ...
