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Author: Maria Grazia Porcedda
Publisher:
ISBN: 9781509939428
Category : Data protection
Languages : en
Pages : 240
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Book Description
"Is it possible to achieve cyber security while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for European democratic societies, where information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cyber security, privacy and data protection in EU law. The book identifies tensions inherent in the EU cyber security policy and its implementation, the reach of cyberspace and its security, the meaning of 'data', as well as the value of privacy and data protection. The book's novel analysis looks at the interplay between the design of the technology implementing the applicable law, such as the GDPR and the NIS Directive, and the layered configuration of fundamental rights in EU law. This original analysis outlines the possible combinations of the relationship between cyber security, privacy and data protection in EU law, from outright clash to complementarity. An essential read for scholars and practitioners of IT law alike, the book demonstrates that reconciliation between cyber security, privacy and data protection relies on explicit and brave political choices, which require deciding what needs to be protected, and how."--
Author: Maria Grazia Porcedda
Publisher:
ISBN:
Category :
Languages : en
Pages : 407
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Book Description
This thesis concerns a specific instance of the trade-off between security and "privacy rights", namely cybersecurity, as it applies to EU Law. The research question is whether, and how, the pursuit of cybersecurity can be reconciled with the protection of personal data and respect for private and family life, which I treat as two independent rights. Classic legal argumentation is used to support a normative critique against the trade-off; an in-depth scrutiny of "(cyber)security" and "privacy" further shows that the trade-off is methodologically flawed: it is an inappropriate intellectual device that offers a biased understanding of the subject matter. Once the terms of discussion are reappraised, the relationship between cybersecurity and privacy appears more nuanced, and is mediated by elements otherwise overlooked, chiefly technology. If this fatally wounds the over-simplistic trade-off model, and even opens up avenues for integration between privacy and cybersecurity in EU law, on the other hand it also raises new questions. Looked at from the perspective of applicable law, technology can both protect and infringe privacy rights, which leads to the paradox of the same technology being both permissible and impermissible, resulting in a seeming impasse. I identify the problem as lying in the combination of technology neutrality, the courts’ avoidance in pronouncing on matters of technology, and the open-ended understanding of privacy rights. To appraise whether cybersecurity and privacy rights can be reconciled, I develop a method that bridges the technological and legal understandings of information security and privacy, based on the notions/methods of protection goals, attributes and core/periphery or essence, and which has the advantage of highlighting the independence of the two privacy rights. A trial run of the method discloses aspects of the ‘how’ question that were buried under the trade-off debate, viz. the re-appropriation of the political and judicial process vis-à-vis technology.
Author: Wolf J. Schünemann
Publisher: Springer
ISBN: 3319536346
Category : Political Science
Languages : en
Pages : 150
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Book Description
This book offers a comparative perspective on data protection and cybersecurity in Europe. In light of the digital revolution and the implementation of social media applications and big data innovations, it analyzes threat perceptions regarding privacy and cyber security, and examines socio-political differences in the fundamental conceptions and narratives of privacy, and in data protection regimes, across various European countries. The first part of the book raises fundamental legal and ethical questions concerning data protection; the second analyses discourses on cybersecurity and data protection in various European countries; and the third part discusses EU regulations and norms intended to create harmonized data protection regimes.
Author: Markus Christen
Publisher: Springer Nature
ISBN: 3030290530
Category : Philosophy
Languages : en
Pages : 388
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Book Description
This open access book provides the first comprehensive collection of papers that provide an integrative view on cybersecurity. It discusses theories, problems and solutions on the relevant ethical issues involved. This work is sorely needed in a world where cybersecurity has become indispensable to protect trust and confidence in the digital infrastructure whilst respecting fundamental values like equality, fairness, freedom, or privacy. The book has a strong practical focus as it includes case studies outlining ethical issues in cybersecurity and presenting guidelines and other measures to tackle those issues. It is thus not only relevant for academics but also for practitioners in cybersecurity such as providers of security software, governmental CERTs or Chief Security Officers in companies.
Author: Maria Grazia Porcedda
Publisher:
ISBN: 9781509939428
Category : Data protection
Languages : en
Pages : 240
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Book Description
"Is it possible to achieve cyber security while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for European democratic societies, where information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cyber security, privacy and data protection in EU law. The book identifies tensions inherent in the EU cyber security policy and its implementation, the reach of cyberspace and its security, the meaning of 'data', as well as the value of privacy and data protection. The book's novel analysis looks at the interplay between the design of the technology implementing the applicable law, such as the GDPR and the NIS Directive, and the layered configuration of fundamental rights in EU law. This original analysis outlines the possible combinations of the relationship between cyber security, privacy and data protection in EU law, from outright clash to complementarity. An essential read for scholars and practitioners of IT law alike, the book demonstrates that reconciliation between cyber security, privacy and data protection relies on explicit and brave political choices, which require deciding what needs to be protected, and how."--
Author: Maria Grazia Porcedda
Publisher: Bloomsbury Publishing
ISBN: 1509939407
Category : Law
Languages : en
Pages : 345
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Book Description
Is it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for contemporary societies, where network and information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cybersecurity, privacy and data protection in EU law. The book explores the values, interconnections and tensions inherent to cybersecurity, privacy and data protection within the EU constitutional architecture and its digital agendas. The work's novel analysis looks at the interplay between digital policies, instruments including the GDPR, NIS Directive, cybercrime legislation, e-evidence and cyber-diplomacy measures, and technology as a regulatory object and implementing tool. This original approach, which factors in the connections between engineering principles and the layered configuration of fundamental rights, outlines all possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from clash to complete reconciliation. An essential read for scholars, legal practitioners and policymakers alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices that require an active engagement with technology, so as to preserve human flourishing, autonomy and democracy.
Author: Robert Walters
Publisher: Springer Nature
ISBN: 9811381100
Category : Law
Languages : en
Pages : 451
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Book Description
This book provides a comparison and practical guide for academics, students, and the business community of the current data protection laws in selected Asia Pacific countries (Australia, India, Indonesia, Japan Malaysia, Singapore, Thailand) and the European Union. The book shows how over the past three decades the range of economic, political, and social activities that have moved to the internet has increased significantly. This technological transformation has resulted in the collection of personal data, its use and storage across international boundaries at a rate that governments have been unable to keep pace. The book highlights challenges and potential solutions related to data protection issues arising from cross-border problems in which personal data is being considered as intellectual property, within transnational contracts and in anti-trust law. The book also discusses the emerging challenges in protecting personal data and promoting cyber security. The book provides a deeper understanding of the legal risks and frameworks associated with data protection law for local, regional and global academics, students, businesses, industries, legal profession and individuals.
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287198497
Category : Political Science
Languages : en
Pages : 402
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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: Axel M. Arnbak
Publisher: Kluwer Law International B.V.
ISBN: 9041167382
Category : Law
Languages : en
Pages : 298
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Book Description
It has become glaringly clear that any communicative act online is subject to breach by intelligence agencies, cybercriminals, advertising networks, employers, and corporate data miners, to mention the most obvious intruders. Internet users, seeing no other choice than to hop onto the web-based bandwagon, have come to depend on a networked communications environment that is fundamentally insecure. Now lawmakers worldwide are gearing up to intervene. Arguing for a stricter stance on protecting private communications security, this groundbreaking study offers a conceptual and legislative toolkit leading to a step-by-step regulatory model in EU law. The proposed model is tested in two detailed case studies on HTTPS and cloud communications. From the interlocking perspectives of fundamental rights, systems design, and political organization, the regulatory model proposed is tested on HTTPS, which covers the user-provider relationship in web browsing, and on "cloud" communications that affect interdomain and intradomain communications. The case studies are based on the infamous DigiNotar breach and the MUSCULAR programme disclosed by whistle-blower Edward Snowden and contain original legal, security economics, and computer science research, conducted jointly with scholars trained in these disciplines. Responding to a general positive human right to communications security that is emerging from European fundamental rights law, this book not only provides one of the first interdisciplinary studies to appear in the academic literature on EU communications security law, but also offers broad recommendations to the EU lawmaker and gives directions for future research. It is sure to become a first point of discussion, reference, and legislative action for policymakers and practitioners in Europe and beyond.
Author: Sophie Stalla-Bourdillon
Publisher: Springer
ISBN: 1447165306
Category : Law
Languages : en
Pages : 124
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Book Description
Securing privacy in the current environment is one of the great challenges of today’s democracies. Privacy vs. Security explores the issues of privacy and security and their complicated interplay, from a legal and a technical point of view. Sophie Stalla-Bourdillon provides a thorough account of the legal underpinnings of the European approach to privacy and examines their implementation through privacy, data protection and data retention laws. Joshua Philips and Mark D. Ryan focus on the technological aspects of privacy, in particular, on today’s attacks on privacy by the simple use of today’s technology, like web services and e-payment technologies and by State-level surveillance activities.
Author: Elaine Fahey
Publisher: Bloomsbury Publishing
ISBN: 1509957065
Category : Law
Languages : en
Pages : 259
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Book Description
This is the first book-length treatment of the advancement of EU global data flows and digital trade through the framework of European institutionalisation. Drawing on case studies of EU-US, EU-Japan and EU-China relations it charts the theoretical and empirical approaches at play. It illustrates how the EU has pioneered high standards in data flows and how it engages in significant digital trade reforms, committed to those standards. The book marks a major shift in how institutionalisation and the EU should be viewed as it relates to two of the more extraordinary areas of global governance: trade and data flows. This significant book will be of interest to EU constitutional lawyers, as well as those researching in the field of IT and data law.
