Data Protection Beyond Borders

Data Protection Beyond Borders PDF Author: Federico Fabbrini
Publisher: Bloomsbury Publishing
ISBN: 1509940677
Category : Law
Languages : en
Pages : 304

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Book Description
This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.

Data Protection Beyond Borders

Data Protection Beyond Borders PDF Author: Federico Fabbrini
Publisher: Bloomsbury Publishing
ISBN: 1509940677
Category : Law
Languages : en
Pages : 304

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Book Description
This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.

Data Protection and Digital Sovereignty Post-Brexit

Data Protection and Digital Sovereignty Post-Brexit PDF Author: Edoardo Celeste
Publisher: Bloomsbury Publishing
ISBN: 1509966498
Category : Law
Languages : en
Pages : 239

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Book Description
One of the promises of Brexit was to allow the UK to regain its legislative sovereignty from the EU. However, after Brexit, UK data protection law must remain in line with EU standards in order not to lose the adequacy status that allows personal data to be transferred from the EU. This circumstance generates tensions between the EU, which is committed to preserving its digital sovereignty by ensuring an adequate protection of personal data even beyond its borders, and the UK's ambition to become a champion of the digital economy by adopting an innovative and pro-business legislation in the digital field. The book analyses the latest legal and policy developments in this context, focusing on data protection but also exploring its intersection with other related regulatory areas, such as artificial intelligence and online safety. Renowned international experts contextualise current regulatory trends and policy proposals to understand whether a new UK model in the field of digital regulation is emerging and to what extent this will exacerbate existing tensions between the UK and the EU. The book includes an accessible and detailed analysis of the major judicial decisions, laws, and current bills offering an invaluable guide to academics, practitioners, and policymakers navigating the complex issues of cross-border data protection post-Brexit.

Data Protection, Migration and Border Control

Data Protection, Migration and Border Control PDF Author: Teresa Quintel
Publisher: Bloomsbury Publishing
ISBN: 1509959653
Category : Law
Languages : en
Pages : 283

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Book Description
This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.

The Right to be Forgotten

The Right to be Forgotten PDF Author: Paul Lambert
Publisher: Bloomsbury Publishing
ISBN: 1526521946
Category : Law
Languages : en
Pages : 488

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Book Description
Longlisted for the 2022 Inner Temple Main Book Prize The Right to be Forgotten is one of the most publicised areas of the GDPR and has received massive worldwide publicity following judicial and legal developments in Europe. Individual data regulators have increased powers and importance in dealing with RtbF rights for individuals, and it is more important than ever for them to be up to date. The new, second edition, is fully updated to include: - the increasing importance of the role of RtbF in relation to media content (newspapers and television media in particular). - the evolving jurisprudence in terms of RtbF generally, especially in light of increased understanding of the GDPR RtbF and the landmark Google Spain RtbF case. - the recent Google France case. - the potential for group actions, class actions, and litigation funding, in relation to RtbF issues This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

Data Protection without Data Protectionism

Data Protection without Data Protectionism PDF Author: Tobias Naef
Publisher: Springer Nature
ISBN: 303119893X
Category : Law
Languages : en
Pages : 442

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Book Description
This open access book offers a new account on the legal conflict between privacy and trade in the digital sphere. It develops a fundamental rights theory with a new right to continuous protection of personal data and explores the room for the application of this new right in trade law. Replicable legal analysis and practical solutions show the way to deal with cross-border data flows without violating fundamental rights and trade law principles. The interplay of privacy and trade became a topic of worldwide attention in the wake of Edward Snowden’s revelations concerning US mass surveillance. Based on claims brought forward by the activist Maximilian Schrems, the ECJ passed down two high-profile rulings restricting EU-US data flows. Personal data is relevant for a wide range of services that are supplied across borders and restrictions on data flows therefore have an impact on the trade with such services. After the two rulings by the ECJ, it is less clear then ever how privacy protection and trade can be brought together on an international scale. Although it was widely understood that the legal dispute over EU-US data flows concerns the broad application of EU data protection law, it has never been fully explored just how far the EU’s requirements for the protection of digital rights go and what this means beyond EU-US data flows. This book shows how the international effects of EU data protection law are rooted in the EU Charter of Fundamental Rights and that the architecture of EU law demands that the Charter as primary EU law takes precedence over international law. The book sets out to solve the problem of how the EU legal data transfer regime must be designed to implement the EU’s extraterritorial fundamental rights requirements without violating the principles of the WTO’s law on services. It also addresses current developments in international trade law – the conclusion of comprehensive trade agreements – and offers suggestion for the design of data flow clauses that accommodate privacy and trade.

REACH Beyond Borders

REACH Beyond Borders PDF Author: Ondřej Filipec
Publisher: Springer
ISBN: 3319541544
Category : Science
Languages : en
Pages : 137

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Book Description
This book discusses how much other countries reflect the EU chemical regulation REACH (Registration, Evaluation, Authorization, Restriction of Chemicals), in the context of Europeanization theory. The main hypothesis verified in this book is that more trade with the EU means more Europeanization (as the non-EU companies exporting to the EU have an obligation to comply with EU rules according to the “No data, No Market” REACH provision). This book further points out that non-EU companies voluntarily adopt EU standards while this change has yet to be reflected on the policy level in non-EU countries, mainly for economic reasons.Exploring changes in national chemical regulatory policies among top chemical producers around the World brings new ideas into the process of Europeanization behind EU borders and provides useful material for academia, regulatory experts and export oriented chemical industry.

The Politics of Data Transfer

The Politics of Data Transfer PDF Author: Yuko Suda
Publisher: Routledge
ISBN: 131552483X
Category : Political Science
Languages : en
Pages : 142

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Book Description
In this book, Yuko Suda examines the Safe Harbor debate, the passenger name record (PNR) dispute, and the Society for Worldwide Interbank Financial Transactions (SWIFT) affair to understand the transfer of personal data from the European Union (EU) to the United States. She argues that the Safe Harbor, PNR, and SWIFT agreements were made to mitigate the potentially negative effects that may arise from the beyond-the-border reach of EU data protection rules or US counterterrorism regulation. A close examination of these high-profile cases would reveal how beyond-the-border reach of one jurisdiction’s regulation might affect another jurisdiction’s policy and what responses the affected jurisdiction possibly makes to manage the effects of such extraterritorial regulation. The Politics of Data Transfer adds another dimension to the study of transatlantic data conflicts by assuming that the cases exemplify not only the politics of data privacy but also the politics of extraterritorial regulation. A welcome and timely collection uncovering the evolution of and prospects for the politics of data privacy in the digitalized and interconnected world.

Information Technology and the Law

Information Technology and the Law PDF Author:
Publisher:
ISBN:
Category : Information storage and retrieval systems
Languages : en
Pages : 510

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Book Description


Changing the Rules

Changing the Rules PDF Author: G. Bruce Doern
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 432

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Book Description
"This book examines changes to key institutions and argues for a greater breadth of institutional analysis. It also examines particular regulatory bodies, such as the Canadian Radio-Television and Telecommunications Commission, the National Energy Board, and the Canadian Transport Agency. Furthermore, the analysis extends to civic regulation, the regulation of privacy, internal trade regulation, and international trade and finance."--BOOK JACKET.

The Yale Journal of International Law

The Yale Journal of International Law PDF Author:
Publisher:
ISBN:
Category : Intergovernmental cooperation
Languages : en
Pages : 604

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Book Description