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Author: Claudia Quelle
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The risk-based approach has been introduced to the GDPR to make the rules and principles of data protection law 'work better'. Since controllers are formally responsible and accountable for the way in which they implement the GDPR, the notion of risk is used to enable them to determine the technical and organisational measures which they should take. This chapter will argue, however, that it is impossible to require controllers to calibrate compliance measures in terms of risk, whilst maintaining that this does not affect the legal obligations to which they are subject. We cannot have our cake and eat it, too. Section II first defines the risk-based approach and distinguishes it from a harm-based approach, as well as from risk regulation, risk-based regulation and risk management. The risk-based approach introduces the notion of risk as a mandatory reference point for the calibration of legal requirements by controllers. Section III explicates the relationship between 'risk' and the obligations of controllers, as addressed, in particular, by articles 24 (responsibility), 25(1) (data protection by design) and 35 (data protection impact assessment). It argues that controllers have to take into account the risks when they take measures to implement the GDPR. In combination with the data protection impact assessment, this development can buttress a substantive turn in data protection law. The other side of the coin is, however, that controllers are entrusted with the responsibility not only to improve upon the data protection obligations specified by the legislature, but also to second-guess their use in the case at hand. Section IV argues that none of the obligations of the controller were fully risk-based to start with. In fact, the risk-based approach is in direct conflict with the non-scalability of the provisions in Chapter III (rights of the data subject).
Author: Claudia Quelle
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The risk-based approach has been introduced to the GDPR to make the rules and principles of data protection law 'work better'. Since controllers are formally responsible and accountable for the way in which they implement the GDPR, the notion of risk is used to enable them to determine the technical and organisational measures which they should take. This chapter will argue, however, that it is impossible to require controllers to calibrate compliance measures in terms of risk, whilst maintaining that this does not affect the legal obligations to which they are subject. We cannot have our cake and eat it, too. Section II first defines the risk-based approach and distinguishes it from a harm-based approach, as well as from risk regulation, risk-based regulation and risk management. The risk-based approach introduces the notion of risk as a mandatory reference point for the calibration of legal requirements by controllers. Section III explicates the relationship between 'risk' and the obligations of controllers, as addressed, in particular, by articles 24 (responsibility), 25(1) (data protection by design) and 35 (data protection impact assessment). It argues that controllers have to take into account the risks when they take measures to implement the GDPR. In combination with the data protection impact assessment, this development can buttress a substantive turn in data protection law. The other side of the coin is, however, that controllers are entrusted with the responsibility not only to improve upon the data protection obligations specified by the legislature, but also to second-guess their use in the case at hand. Section IV argues that none of the obligations of the controller were fully risk-based to start with. In fact, the risk-based approach is in direct conflict with the non-scalability of the provisions in Chapter III (rights of the data subject).
Author: Serge Gutwirth
Publisher: Springer
ISBN: 9401793859
Category : Law
Languages : en
Pages : 409
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Book Description
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: Orla Lynskey
Publisher: Oxford University Press
ISBN: 0198718233
Category : Computers
Languages : en
Pages : 337
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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 recognized, 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 realize it.
Author: Daniel J. Solove
Publisher: Aspen Publishing
ISBN:
Category :
Languages : en
Pages : 238
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Book Description
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A clear, comprehensive, and cutting-edge introduction to the field of information privacy law with a focus on EU Data Protection and the GDPR. The volume is perfect as a stand-alone text for a seminar and as supplement to a course on EU law. It contains the latest cases and materials exploring issues of emerging technology, information privacy, OECD privacy guidelines, privacy protection in Europe, international transfers of data, and selected provisions of the GDPR. New to the 2nd Edition: Tighter editing and shorter chapters Full text of the GDPR Schrems II and the Data Privacy Framework
Author: Kosta, Eleni
Publisher: Edward Elgar Publishing
ISBN: 1800371683
Category : Law
Languages : en
Pages : 672
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Book Description
Bringing together leading European scholars, this thought-provoking Research Handbook provides a state-of-the-art overview of the scope of research and current thinking in the area of European data protection. Offering critical insights on prominent strands of research, it examines key challenges and potential solutions in the field. Chapters explore the fundamental right to personal data protection, government-to-business data sharing, data protection as performance-based regulation, privacy and marketing in data-driven business models, data protection and judicial automation, and the role of consent in an algorithmic society.
Author: Raphaël Gellert
Publisher: Oxford University Press
ISBN: 0192574744
Category : Law
Languages : en
Pages : 304
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Book Description
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 recollection of the policy developments that led to the adoption of the risk-based approach in light of regulation theory and debates. It also discusses a number of salient issues pertaining to the risk-based approach, such as its rationale, scope, and meaning; the role for regulators; and its potential and limits. The book also looks at they way it has been undertaken in major statutes with a focus on key provisions, such as data protection impact assessments or accountability. Finally, the book devotes considerable attention to the notion of risk. It explains key terms such as risk assessment and management. It discusses in-depth the role of harms in data protection, the meaning of a data protection risk, and the difference between risks and harms. It also critically analyses prevalent data protection risk management methodologies and explains the most important caveats for managing data protection risks.
Author: Jan Alexander Linxweiler
Publisher: GRIN Verlag
ISBN: 3346356957
Category : Law
Languages : en
Pages : 78
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Book Description
Master's Thesis from the year 2017 in the subject Law - European and International Law, Intellectual Properties, grade: 1,0, Steinbeis University Berlin (SIBE), language: English, abstract: The Thesis focuses on the legal perspective of Transnational Data Protection. Here, the scope of the thesis is limited to the provisions and interdependencies of the European Union (EU). Matters of national legislation of EU Member States are implicitly mentioned or characterized but not within the scope of the thesis. Within the current business as well as administrative environment the topic of data protection is a crucial factor for business, public reception and security. The Snowden incident, the Safe Harbor Ruling of the European Court of Justice and ultimately the introduction of the new European General Data Protection Regulation in May 2018 poses potential threat scenarios for businesses and require responsive actions on the respective management level. While the importance of data protections is now an omnipresent and a commonly known issue, it is still a rather neglected topic. It often bears the stigma of nuisance and implies costly implementation of measures and processes. Nonetheless, corporations, companies, businesses and governmental agencies have to adhere to data protection regulations, the demands of the digitalization and social pressure. Therefore, the abidance by Data Protection Law has incrementally gained a more essential role within company’s and administration’s structures during the last years. This is especially true for transnational contexts. Here, Data Protection Management encompasses privacy compliance and organizational privacy management as part of the information security risk management. Essentially the objective and responsibility of Data Protection Management in the context of transnational data flows in the EU are based in its the legal framework. Within the current business environment the topic of data protection is a crucial factor for business, public reception and security. Businesses and governmental agencies have to adhere to data protection regulations. Therefore, the abidance by Data Protection Law has gained a more essential role within company’s and administration’s structures. This is especially true for transnational contexts. Data Protection encompasses privacy compliance and management as part of the information security risk management.
Author: Paul Voigt
Publisher: Springer
ISBN: 3319579592
Category : Law
Languages : en
Pages : 385
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Book Description
This book provides expert advice on the practical implementation of the European Union’s General Data Protection Regulation (GDPR) and systematically analyses its various provisions. Examples, tables, a checklist etc. showcase the practical consequences of the new legislation. The handbook examines the GDPR’s scope of application, the organizational and material requirements for data protection, the rights of data subjects, the role of the Supervisory Authorities, enforcement and fines under the GDPR, and national particularities. In addition, it supplies a brief outlook on the legal consequences for seminal data processing areas, such as Cloud Computing, Big Data and the Internet of Things.Adopted in 2016, the General Data Protection Regulation will come into force in May 2018. It provides for numerous new and intensified data protection obligations, as well as a significant increase in fines (up to 20 million euros). As a result, not only companies located within the European Union will have to change their approach to data security; due to the GDPR’s broad, transnational scope of application, it will affect numerous companies worldwide.
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: IT Governance Privacy Team
Publisher: IT Governance Ltd
ISBN: 1787782506
Category : Law
Languages : en
Pages : 386
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Book Description
Now in its fourth edition, this bestselling guide is the ideal companion for anyone carrying out a GDPR (General Data Protection Regulation) compliance project. It provides comprehensive guidance and practical advice on complying with the Regulation. Our experts have put together a supplement that sets out specific extra or amended information for this guide. Please use the following link https://www.itgovernancepublishing.co.uk/topic/uk-gdpr-supplemental-material to download the supplement.
