European Privacy And Data Protection Law

Author : Council of Europe
Publisher : Council of Europe
ISBN 13 : 9287198497
Total Pages : 402 pages
Book Rating : 4.95/5 ( download)

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Download or read book Handbook on European data protection law written by Council of Europe and published by Council of Europe. This book was released on 2018-04-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Mariusz Krzysztofek
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532718
Total Pages : 330 pages
Book Rating : 4.14/5 ( download)

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Download or read book GDPR: Personal Data Protection in the European Union written by Mariusz Krzysztofek and published by Kluwer Law International B.V.. This book was released on 2021-04-07 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Brendan Van Alsenoy
Publisher :
ISBN 13 : 9781780688282
Total Pages : 0 pages
Book Rating : 4.88/5 ( download)

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Download or read book Data Protection Law in the EU written by Brendan Van Alsenoy and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practically every organisation in the world processes personal data. European data protection law imposes a series of requirements designed to protect individuals against the risks that result from the processing of their data. It also distinguishes among different types of actors involved in the processing and sets out different obligations for each type of actor. The most important distinction in this regard is the distinction between 'controllers' and 'processors'. This book seeks to determine whether EU data protection law should continue to maintain its current distinction.

Author : Jos Dumortier
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403508361
Total Pages : 320 pages
Book Rating : 4.68/5 ( download)

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Download or read book European Privacy and Data Protection Law written by Jos Dumortier and published by Kluwer Law International B.V.. This book was released on 2022-10-20 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to privacy and data protection law in the EU covers every aspect of the subject, including the protection of private life as a fundamental – constitutional – right, the application of international and/or regional conventions protecting the right to privacy, privacy rights in the context of electronic communications or at the workplace, and the protection of individuals regarding the processing of personal data relating to them. Following a general introduction, the monograph assembles its information and guidance in two parts: (1) protection of privacy, including an in-depth overview of the case law of the European Court of Human Rights and an analysis of the European e-Privacy Directive regarding the protection of privacy in electronic communications; (2) personal data protect on, including a detailed analysis of the provisions of the GDPR, an up-to-date overview of the case law of the Court of Justice of the EU and of the opinions and guidelines of the European Data Protection Board (EDPB).

Author : Orla Lynskey
Publisher : Oxford University Press
ISBN 13 : 0191028061
Total Pages : 264 pages
Book Rating : 4.69/5 ( download)

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Download or read book The Foundations of EU Data Protection Law written by Orla Lynskey and published by Oxford University Press. This book was released on 2015-11-26 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 9401793859
Total Pages : 409 pages
Book Rating : 4.58/5 ( download)

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Download or read book Reforming European Data Protection Law written by Serge Gutwirth and published by Springer. This book was released on 2014-11-17 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 well as case studies. The book then goes on to cover the purported trade-off between privacy and security, ways to support privacy and data protection, and the controversial right to be forgotten, which offers individuals a means to oppose the often persistent digital memory of the web. Written during the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission, this interdisciplinary book presents both daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.

Author : European Union
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781533170835
Total Pages : 130 pages
Book Rating : 4.35/5 ( download)

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Download or read book European Data Protection Law written by European Union and published by Createspace Independent Publishing Platform. This book was released on 2016-05-04 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Eleni Kosta
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004232362
Total Pages : 461 pages
Book Rating : 4.65/5 ( download)

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Download or read book Consent in European Data Protection Law written by Eleni Kosta and published by Martinus Nijhoff Publishers. This book was released on 2013-03-21 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, consent is a fundamental concept in the European legal framework on data protection. The analysis of the historical and theoretical context carried out in this book reveals that consent was not an intrinsic notion in the birth of data protection. The concept of consent was included in data protection legislation in order to enhance the role of the data subject in the data protection arena, and to allow the data subject to have more control over the collection and processing of his/her personal information. This book examines the concept of consent and its requirements in the Data Protection Directive, taking into account contemporary considerations on bioethics and medical ethics, as well as recent developments in the framework of the review of the Directive. It further studies issues of consent in electronic communications, carrying out an analysis of the consent-related provisions of the ePrivacy Directive.

Author : Gloria González Fuster
Publisher : Springer Science & Business
ISBN 13 : 3319050230
Total Pages : 274 pages
Book Rating : 4.32/5 ( download)

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Download or read book The Emergence of Personal Data Protection as a Fundamental Right of the EU written by Gloria González Fuster and published by Springer Science & Business. This book was released on 2014-04-28 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Bart Custers
Publisher : Springer
ISBN 13 : 9462652821
Total Pages : 249 pages
Book Rating : 4.28/5 ( download)

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Download or read book EU Personal Data Protection in Policy and Practice written by Bart Custers and published by Springer. This book was released on 2019-02-28 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the protection of personal data is compared for eight EU member states,namely France, Germany, the United Kingdom, Ireland, Romania, Italy, Sweden andthe Netherlands. The comparison of the countries is focused on government policiesfor the protection of personal data, the applicable laws and regulations, implementationof those laws and regulations, and supervision and enforcement. Although the General Data Protection Regulation (GDPR) harmonizes the protectionof personal data across the EU as of May 2018, its open norms in combination withcultural differences between countries result in differences in the practical implementation,interpretation and enforcement of personal data protection. With its focus on data protection law in practice, this book provides indepth insightsinto how different countries deal with data protection issues. The knowledge and bestpractices from these countries provide highly relevant material for legal professionals,data protection officers, policymakers, data protection authorities and academicsacross Europe. Bart Custers is Associate Professor and Director of Research at the Center for Law andDigital Technologies of the Leiden Law School at Leiden University, the Netherlands.Alan M. Sears, Francien Dechesne, Ilina Georgieva and Tommaso Tani are all affiliated tothat same organization, of which Professor Simone van der Hof is the General Director.