Transatlantic Jurisdictional Conflicts in Data Protection Law

Transatlantic Jurisdictional Conflicts in Data Protection Law PDF Author: Mistale Taylor
Publisher: Cambridge University Press
ISBN: 1108805981
Category : Law
Languages : en
Pages : 309

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Book Description
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.

Transatlantic Jurisdictional Conflicts in Data Protection Law

Transatlantic Jurisdictional Conflicts in Data Protection Law PDF Author: Mistale Taylor
Publisher: Cambridge University Press
ISBN: 1108805981
Category : Law
Languages : en
Pages : 309

Get Book Here

Book Description
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.

Transatlantic Data Protection in Practice

Transatlantic Data Protection in Practice PDF Author: Rolf H. Weber
Publisher: Springer
ISBN: 3662554305
Category : Law
Languages : en
Pages : 192

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Book Description
This book offers guidance for US-based IT businesses on both sides of the Atlantic when dealing with big data and government data, since transatlantic data flows are key to the success of these enterprises. It offers practical insights into many of the data-protection challenges US companies in various industries face when seeking to comply with US and EU data-protection laws, and analyses the potential conflicts in the light of their risks and the way in which US-based cloud providers react to the uncertainties of the applicable data-protection rules. The book particularly focuses on the insights derived from a qualitative study conducted in 2016 with various cloud-based IT businesses in the Silicon Valley area, which shows the diversity of views on data protection and the many approaches companies take to this topic. Further, it discusses key data-protection issues in the field of big data and government data.

Data Protection, Privacy Regulators and Supervisory Authorities

Data Protection, Privacy Regulators and Supervisory Authorities PDF Author: Paul Lambert
Publisher: Bloomsbury Publishing
ISBN: 1526514230
Category : Law
Languages : en
Pages : 417

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Book Description
Data Protection, Privacy Regulators and Supervisory Authorities explores and details the establishment, rules, and powers of data protection regulators and supervisory authorities. It also discusses rights issues (pursuing and defending) as well as the developing area of fines and contestability. Data protection and privacy are arguably the most significant developing areas of law and policy. New regulations span from the GDPR (EU) to the CCPA (California), and other new rules internationally. How the new data protection rules operate on a day-to-day basis is linked to the activities, functions and orders of data protection regulators and supervisory authorities. This brand new title includes coverage of: - The establishment and wider powers of the new data regulators - The new sanctions, orders, penalties and powers to enforce compliance - The new obligations to contact data regulators even before data collections - The detailed GDPR and DPA powers and requirements - Recent fines, penalties and case law including CJEU This book is essential for any entity dealing with the new data protection and privacy issues as no company, organisation nor their internal or external advisors, can ignore these new regulators, nor fully understand the new data protection and privacy compliance landscape without a detailed appreciation of these regulators.

Privacy Technologies and Policy

Privacy Technologies and Policy PDF Author: Manel Medina
Publisher: Springer
ISBN: 3030025470
Category : Computers
Languages : en
Pages : 216

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Book Description
This book constitutes the thoroughly refereed post-conference proceedings of the 6th Annual Privacy Forum, APF 2018, held in Barcelona, Spain, in June 2018. The 11 revised full papers were carefully reviewed and selected from 49 submissions. The papers are grouped in topical sections named: technical analysis and techniques; privacy implementation; compliance; and legal aspects.

The Law of the Future and the Future of Law

The Law of the Future and the Future of Law PDF Author: Sam Muller
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8293081279
Category : Law
Languages : en
Pages : 778

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Book Description
The Law of the Future and the Future of Law is a unique collection of 'think pieces' in which a wide variety of experts share their thoughts on how they envision the future of law. By asking the question -What do you see as the most significant challenges for the development of the law? What developments are we likely to see in the coming two to three decades? What do those developments mean for national legal systems as a whole?- the Hague Institute for the Internationalisation of Law (HiiL) has canvassed the views of a large number of renowned experts in particular areas of law. This volume was prepared as part of the Law of the Future Joint Action Programme and as the basis of the Law of the Future Conference on 23 and 24 June 2011. The Law of the Future Joint Action Programme is based on the premise that prospective thinking about law is not only desirable but also required in order to ensure that law and legal systems do not become obsolete, ineffective or unjust. The aim is to set a world standard in thinking ahead, to guide decision makers today. For more information, visit www.lawofthefuture.org.

Institutionalisation beyond the Nation State

Institutionalisation beyond the Nation State PDF Author: Elaine Fahey
Publisher: Springer
ISBN: 3319502212
Category : Law
Languages : en
Pages : 266

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Book Description
This volume collects papers that explore institutionalisation in contemporary transatlantic relations. Policymakers, lawyers, and political scientists reflect on contemporary understandings of the process as an integration of regimes and orders from an EU perspective. The papers assess whether contemporary transatlantic relations call for a different approach to global governance with a heightened emphasis on institutionalisation. The book explores a diverse range of case studies of interest to a broad readership. In particular, it focuses upon two cutting-edge issues: transatlantic data privacy rules that are emerging after the post-Edward Snowdon / NSA / PRISM revelations; and trade aspects, especially the Transatlantic Trade and Investment Partnership (TTIP) Agreement. The contributors consider these case studies from a variety of perspectives, honing in on the dynamism, method, and high politics of transatlantic relations as they have recently evolved. They critically explore the commonly held assumption that transatlantic relations have historically been considered quasi-institutionalised at best or, at worst, lacking in terms of laws and institutions. Is institutionalisation a useful meeting point for all disciplines? Does it explain regional integration meaningfully across subjects? Can institutionalisation serve to promote accountability and good governance? Contributors across disciplines and subjects address these increasingly challenging and salient questions.

Effective Protection of the Rights of the Accused in the EU Directives

Effective Protection of the Rights of the Accused in the EU Directives PDF Author: Giuseppe Contissa
Publisher: BRILL
ISBN: 9004513396
Category : Law
Languages : en
Pages : 344

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Book Description
The volume proposes a breakthrough analysis of defence rights in criminal proceedings, through the lens of a computable approach to the law. It presents a multi-level research, tackling EU law, national legislation, and case-law across the European Union.

Of Privacy and Power

Of Privacy and Power PDF Author: Henry Farrell
Publisher: Princeton University Press
ISBN: 0691216908
Category : Computers
Languages : en
Pages : 246

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Book Description
How disputes over privacy and security have shaped the relationship between the European Union and the United States and what this means for the future We live in an interconnected world, where security problems like terrorism are spilling across borders, and globalized data networks and e-commerce platforms are reshaping the world economy. This means that states’ jurisdictions and rule systems clash. How have they negotiated their differences over freedom and security? Of Privacy and Power investigates how the European Union and United States, the two major regulatory systems in world politics, have regulated privacy and security, and how their agreements and disputes have reshaped the transatlantic relationship. The transatlantic struggle over freedom and security has usually been depicted as a clash between a peace-loving European Union and a belligerent United States. Henry Farrell and Abraham Newman demonstrate how this misses the point. The real dispute was between two transnational coalitions—one favoring security, the other liberty—whose struggles have reshaped the politics of surveillance, e-commerce, and privacy rights. Looking at three large security debates in the period since 9/11, involving Passenger Name Record data, the SWIFT financial messaging controversy, and Edward Snowden’s revelations, the authors examine how the powers of border-spanning coalitions have waxed and waned. Globalization has enabled new strategies of action, which security agencies, interior ministries, privacy NGOs, bureaucrats, and other actors exploit as circumstances dictate. The first serious study of how the politics of surveillance has been transformed, Of Privacy and Power offers a fresh view of the role of information and power in a world of economic interdependence.

Mega-Regional Trade Agreements: CETA, TTIP, and TiSA

Mega-Regional Trade Agreements: CETA, TTIP, and TiSA PDF Author: Stefan Griller
Publisher: Oxford University Press
ISBN: 0192536591
Category : Law
Languages : en
Pages : 350

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Book Description
The Comprehensive Economic and Trade Agreement between the EU and Canada (CETA), proposed Transatlantic Trade and Investment Partnership between the EU and the US (TTIP), and the plurilateral Trade in Services Agreement (TiSA) between the EU and 22 other States have sparked a great deal of academic and public interest. This edited collection brings together leading experts in the field of international economic law to address the legal complexities of these treaties and provide an explanation of their core principles. In the first two chapters, this book examines changing conceptions of international economic law and the main motivations for negotiating mega-regional agreements. In nine further contributions, international experts examine sectoral issues such as the trade, investment, and dispute settlement procedures envisaged in these 'mega-regional' agreements. The book goes on to consider the progress made in intellectual property protection, the problems associated with data protection, human rights, labour, and environmental standards, issues of transparency and legitimacy, and the relationship between CETA, TTIP, and TiSA on the one hand and EU law on the other. It concludes with four chapters that discuss globalization and other fundamental questions surrounding these mega-regional agreements from economic, political science, and legal perspectives.

Privacy and Electronic Communications

Privacy and Electronic Communications PDF Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property
Publisher:
ISBN:
Category : Computer security
Languages : en
Pages : 76

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Book Description