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Author: Mariusz Krzysztofek Publisher: Kluwer Law International B.V. ISBN: 9403532718 Category : Law Languages : en Pages : 330
Book Description
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: Mariusz Krzysztofek Publisher: Kluwer Law International B.V. ISBN: 9403532718 Category : Law Languages : en Pages : 330
Book Description
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: Council of Europe Publisher: Council of Europe ISBN: 9287198497 Category : Political Science Languages : en Pages : 402
Book Description
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.
Author: Gloria González Fuster Publisher: Springer Science & Business ISBN: 3319050230 Category : Law Languages : en Pages : 274
Book Description
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.
Author: Brendan Quinn Publisher: Kluwer Law International B.V. ISBN: 9403529016 Category : Law Languages : en Pages : 463
Book Description
The complexities of implementing the General Data Protection Regulation (GDPR) continue to grow as it progresses through new and ever-changing technologies, business models, codes of conduct, and decisions of the supervisory authorities, and the courts. This eminently practical guide to implementing the GDPR – written in an original, problem-solving style by a highly experienced data protection expert with equal knowledge of both law and technology – provides a step-by-step project management approach to building a GDPR-compliant data protection system, assessing, and documenting the risks and then implementing these changes through processes at the operational level. With detailed attention to case law (Member State, ECJ, and ECHR), especially where affecting high-risk areas that have attracted scrutiny, the guidance proceeds systematically through such topics and issues as the following: required documentation, policies, and procedures; risk assessment tools and analysis frameworks; children’s data; employee and health data; international transfers post-Schrems II; data subject rights including the right of access; data retention and erasure; tracking and surveillance; and effects of technologies such as artificial intelligence, biometrics, and machine learning. With its practical examples derived from the author’s experience in building GDPR-compliant software, as well as its analysis of case law and enforcement priorities, this incomparable guide enables company data protection officers and compliance staff to advise on key issues with full awareness of the legal and reputational risks and how to mitigate them. It is also sure to be of immeasurable value to concerned regulators and policymakers at all government levels. “…it's going to be the go to resource for practitioners.” Tom Gilligan, Data Protection Consultant, September 2021 "I purchased this book recently and I’m very glad I did. It’s the textbook I have been waiting for. As someone relatively new to data protection, I was finding it very difficult to find books on the practical side of data protection. This book is very clearly laid out with practical examples and case law given for each topic, which is immensely helpful. I would recommend it to any data protection practitioners." Jennifer Breslin, LLM CIPP/E, AIPP Member
Author: Orla Lynskey Publisher: Oxford University Press ISBN: 0191028061 Category : Law Languages : en Pages : 264
Book Description
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 data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.
Author: Serge Gutwirth Publisher: Springer ISBN: 9401773769 Category : Law Languages : en Pages : 476
Book Description
This volume brings together papers that offer methodologies, conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the eight annual International Conference on Computers, Privacy, and Data Protection, CPDP 2015, held in Brussels in January 2015. The book explores core concepts, rights and values in (upcoming) data protection regulation and their (in)adequacy in view of developments such as Big and Open Data, including the right to be forgotten, metadata, and anonymity. It discusses privacy promoting methods and tools such as a formal systems modeling methodology, privacy by design in various forms (robotics, anonymous payment), the opportunities and burdens of privacy self management, the differentiating role privacy can play in innovation. The book also discusses EU policies with respect to Big and Open Data and provides advice to policy makers regarding these topics. Also attention is being paid to regulation and its effects, for instance in case of the so-called ‘EU-cookie law’ and groundbreaking cases, such as Europe v. Facebook. This interdisciplinary book was written during what may turn out to be the final stages of the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission. It discusses open issues and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.
Author: Serge Gutwirth Publisher: Springer Science & Business Media ISBN: 1402094981 Category : Law Languages : en Pages : 342
Book Description
data. Furthermore, the European Union established clear basic principles for the collection, storage and use of personal data by governments, businesses and other organizations or individuals in Directive 95/46/EC and Directive 2002/58/EC on Privacy and Electronic communications. Nonetheless, the twenty-?rst century citizen – utilizing the full potential of what ICT-technology has to offer – seems to develop a digital persona that becomes increasingly part of his individual social identity. From this perspective, control over personal information is control over an aspect of the identity one projects in the world. The right to privacy is the freedom from unreasonable constraints on one’s own identity. Transactiondata–bothtraf?candlocationdata–deserveourparticularattention. As we make phone calls, send e-mails or SMS messages, data trails are generated within public networks that we use for these communications. While traf?c data are necessary for the provision of communication services, they are also very sensitive data. They can give a complete picture of a person’s contacts, habits, interests, act- ities and whereabouts. Location data, especially if very precise, can be used for the provision of services such as route guidance, location of stolen or missing property, tourist information, etc. In case of emergency, they can be helpful in dispatching assistance and rescue teams to the location of a person in distress. However, p- cessing location data in mobile communication networks also creates the possibility of permanent surveillance.
Author: European Union Publisher: Createspace Independent Publishing Platform ISBN: 9781533170835 Category : Languages : en Pages : 130
Book Description
This book contains the General Data Protection Regulation 2016 with official justifications. Legal provisions are accompanied by their recitals. Ideal for any practitioner and anyone interested in European data privacy. "The General Data Protection Regulation is the first directly applicable legal basis valid in all EU member states for processing personal data. It was concluded in April 2016 following a three-year coordination procedure, and replaces the data protection directive from 1995. The updates in the regulation include rights related to data portability and the right to be forgotten. There are changes with regard to data transmission to third-party countries, national supervisory agencies ("one-stop-shops") and their collaboration. But above all, the drastically harsher sanctions in response to violations should be an impetus for all affected companies to review their compliance measures. The European Parliament and the Council have granted a transitional deadline of two years for this purpose."
Author: Franziska Boehm Publisher: Springer Science & Business Media ISBN: 9783642223921 Category : Law Languages : en Pages : 468
Book Description
Privacy and data protection in police work and law enforcement cooperation has always been a challenging issue. Current developments in EU internal security policy, such as increased information sharing (which includes the exchange of personal data between European law enforcement agencies and judicial actors in the area of freedom, security and justice (Europol, Eurojust, Frontex and OLAF)) and the access of EU agencies, in particular Europol and Eurojust, to data stored in European information systems such as the SIS (II), VIS, CIS or Eurodac raise interesting questions regarding the balance between the rights of individuals and security interests. This book deals with the complexity of the relations between these actors and offers for the first time a comprehensive overview of the structures for information exchange in the area of freedom, security and justice and their compliance with data protection rules in this field.
Author: Pieter Kubben Publisher: Springer ISBN: 3319997130 Category : Medical Languages : en Pages : 219
Book Description
This open access book comprehensively covers the fundamentals of clinical data science, focusing on data collection, modelling and clinical applications. Topics covered in the first section on data collection include: data sources, data at scale (big data), data stewardship (FAIR data) and related privacy concerns. Aspects of predictive modelling using techniques such as classification, regression or clustering, and prediction model validation will be covered in the second section. The third section covers aspects of (mobile) clinical decision support systems, operational excellence and value-based healthcare. Fundamentals of Clinical Data Science is an essential resource for healthcare professionals and IT consultants intending to develop and refine their skills in personalized medicine, using solutions based on large datasets from electronic health records or telemonitoring programmes. The book’s promise is “no math, no code”and will explain the topics in a style that is optimized for a healthcare audience.
Author: Mariusz Krzysztofek
Author: Mariusz Krzysztofek
Author: Council of Europe
Author: Gloria González Fuster
Author: Brendan Quinn
Author: Orla Lynskey
Author: Serge Gutwirth
Author: Serge Gutwirth
Author: European Union
Author: Franziska Boehm
Author: Pieter Kubben