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European integration and data protection

European integration and data protection PDF Author: Fabian Junge
Publisher: GRIN Verlag
ISBN: 3668248567
Category : Political Science
Languages : en
Pages : 23

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Book Description
Seminar paper from the year 2015 in the subject Politics - International Politics - Topic: European Union, grade: 1,0, Maastricht University (Faculty of Law), language: English, abstract: The paper at hand focuses on this current EU framework on data protection, mainly on the Data Protection Directive, and whether it can be considered as being successful. In order to comply with the course methodology the paper will first set out the rationale for the respective regime and how it has been realized in the EU. Then, the focus will rest on the successfulness of the current regime based on various criteria set out below. To give credit to future developments the European Commission‟s ambition to reform the current EU data protection regime will be referred to. Communication in today‟s society has largely been influenced by the technical developments of the last decades. Most processes in our daily life are, at least partly, influenced or governed by the Internet or mobile telephony. This central role of electronic communication provides a multitude of advantages, but also entails dangers which often cannot be overseen or which are not even known to the majority of the public. Besides the potential misuse of personal data by undertakings there is also the increasing risk of an unjustified analysis of said data by law enforcement agencies and intelligence services. It is well established that over the past years both the European and the national legislators are facing the challenge to balance both the public interest of security and the undertakings‟ interest to capitalize private data against the protection of privacy and personal data. Evidence suggests that there has been a change in the perception of the significance of privacy in the population leading to more and more citizens being concerned with the protection of their personal data. According to a Eurobarometer conducted in 2008 around 64 percent of European citizens are worried about the way in which companies and organizations dealt with their personal data. Therefore, it is appealing to analyze if a balance has been realized with respect to data protection in the EU.

European integration and data protection

European integration and data protection PDF Author: Fabian Junge
Publisher: GRIN Verlag
ISBN: 3668248567
Category : Political Science
Languages : en
Pages : 23

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Book Description
Seminar paper from the year 2015 in the subject Politics - International Politics - Topic: European Union, grade: 1,0, Maastricht University (Faculty of Law), language: English, abstract: The paper at hand focuses on this current EU framework on data protection, mainly on the Data Protection Directive, and whether it can be considered as being successful. In order to comply with the course methodology the paper will first set out the rationale for the respective regime and how it has been realized in the EU. Then, the focus will rest on the successfulness of the current regime based on various criteria set out below. To give credit to future developments the European Commission‟s ambition to reform the current EU data protection regime will be referred to. Communication in today‟s society has largely been influenced by the technical developments of the last decades. Most processes in our daily life are, at least partly, influenced or governed by the Internet or mobile telephony. This central role of electronic communication provides a multitude of advantages, but also entails dangers which often cannot be overseen or which are not even known to the majority of the public. Besides the potential misuse of personal data by undertakings there is also the increasing risk of an unjustified analysis of said data by law enforcement agencies and intelligence services. It is well established that over the past years both the European and the national legislators are facing the challenge to balance both the public interest of security and the undertakings‟ interest to capitalize private data against the protection of privacy and personal data. Evidence suggests that there has been a change in the perception of the significance of privacy in the population leading to more and more citizens being concerned with the protection of their personal data. According to a Eurobarometer conducted in 2008 around 64 percent of European citizens are worried about the way in which companies and organizations dealt with their personal data. Therefore, it is appealing to analyze if a balance has been realized with respect to data protection in the EU.

GDPR: Personal Data Protection in the European Union

GDPR: Personal Data Protection in the European Union PDF Author: Mariusz Krzysztofek
Publisher: Kluwer Law International B.V.
ISBN: 9403532718
Category : Law
Languages : en
Pages : 352

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Book Description
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.

Personal Data Protection and Legal Developments in the European Union

Personal Data Protection and Legal Developments in the European Union PDF Author: Tzanou, Maria
Publisher: IGI Global
ISBN: 1522594914
Category : Computers
Languages : en
Pages : 375

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Book Description
In the age of technological advancement, including the emergence of artificial intelligence, big data, and the internet of things, the need for privacy and protection has risen massively. This phenomenon has led to the enforcement of two major legal directives in the European Union (EU) that aim to provide vigorous protection of personal data. There is a need for research on the repercussions and developments that have materialized with these recent regulations and how the rest of the world has been affected. Personal Data Protection and Legal Developments in the European Union is an essential reference source that critically discusses different aspects of the GDPR and the Law Enforcement Directive as well as recent jurisprudential developments concerning data privacy in the EU and its member states. It also addresses relevant recent case law of the Court of Justice of the EU, the European Court of Human Rights, and national courts. Featuring research on topics such as public transparency, medical research data, and automated decision making, this book is ideally designed for law practitioners, data scientists, policymakers, IT professionals, politicians, researchers, analysts, academicians, and students working in the areas of privacy, data protection, big data, information technology, and human rights law.

Market Integration Through Data Protection

Market Integration Through Data Protection PDF Author: Mario Viola de Azevedo Cunha
Publisher: Springer Science & Business Media
ISBN: 940076085X
Category : Law
Languages : en
Pages : 220

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Book Description
In the context of the continuous advance of information technologies and biomedicine, and of the creation of economic blocs, this work analyzes the role that data protection plays in the integration of markets. It puts special emphasis on financial and insurance services. Further, it identifies the differences in the data protection systems of EU member states and examines the development of common standards and principles of data protection that could help build a data protection model for Mercosur. Divided into four parts, the book starts out with a discussion of the evolution of the right to privacy, focusing on the last few decades, and taking into account the development of new technologies. The second part discusses the interaction between data protection and specific industries that serve as case studies: insurance, banking and credit reporting. The focus of this part is on generalization and discrimination, adverse selection and the processing of sensitive and genetic data. The third part of the book presents an analysis of the legislation of three EU Member States (France, Italy and UK). Specific elements of analysis that are compared are the concepts of personal and anonymous data, data protection principles, the role of the data protection authorities, the role of the data protection officer, data subjects’ rights, the processing of sensitive data, the processing of genetic data and the experience of the case studies in processing data. The book concludes with the proposal of a model for data protection that could be adopted by Mercosur, taking into account the different levels of data protection that exist in its member states.

The European Union as Guardian of Internet Privacy

The European Union as Guardian of Internet Privacy PDF Author: Hielke Hijmans
Publisher: Springer
ISBN: 3319340905
Category : Law
Languages : en
Pages : 604

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Book Description
This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.

Human Rights in the Council of Europe and the European Union

Human Rights in the Council of Europe and the European Union PDF Author: Steven Greer
Publisher: Cambridge University Press
ISBN: 1107025508
Category : Law
Languages : en
Pages : 552

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Book Description
Critically examines the human rights activities of the Council of Europe and EU at a time of uncertainty and change.

Data Protection and Privacy

Data Protection and Privacy PDF Author: Ronald Leenes
Publisher: Bloomsbury Publishing
ISBN: 1509919368
Category : Law
Languages : en
Pages : 256

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Book Description
The subjects of Privacy and Data Protection are more relevant than ever with the European General Data Protection Regulation (GDPR) becoming enforceable in May 2018. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the tenth annual International Conference on Computers, Privacy and Data Protection, CPDP 2017, held in Brussels in January 2017. The book explores Directive 95/46/EU and the GDPR moving from a market framing to a 'treaty-base games frame', the GDPR requirements regarding machine learning, the need for transparency in automated decision-making systems to warrant against wrong decisions and protect privacy, the riskrevolution in EU data protection law, data security challenges of Industry 4.0, (new) types of data introduced in the GDPR, privacy design implications of conversational agents, and reasonable expectations of data protection in Intelligent Orthoses. This interdisciplinary book was written while the implications of the General Data Protection Regulation 2016/679 were beginning to become clear. It discusses open issues, and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in computers, privacy and data protection.

European Integration in the Twenty-First Century

European Integration in the Twenty-First Century PDF Author: Mary Farrell
Publisher: SAGE
ISBN: 9780761972198
Category : Political Science
Languages : en
Pages : 220

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Book Description
European Integration in the Twenty-First Century provides a comprehensive overview of the many dimensions and challenges to the on-going European integration project. It employs a number of interdisciplinary perspectives to review processes of both unity and disunity providing the reader with a complete snapshot of contemporary European integration in its variety of settings.

Integrating Financial Services Regulation

Integrating Financial Services Regulation PDF Author: Solomon Osagie
Publisher: Universal-Publishers
ISBN: 1627342559
Category : Law
Languages : en
Pages : 138

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Book Description
The book charts the course and the history of how the regulation of financial services has evolved looking particularly at data protection. It addresses concepts like integration theory, the behaviour of nation-states when they attempt to forge geo-political unions and the implications and outcomes of state interaction in regulatory matters. Unlike many other General Data Protection Regulation (GDPR) publications in the market, it contains useful analyses of the GDPR but it does so in a very practical and informative way. It recognises the perspectives of various interests including academics and commercial organisations and presents the subject in a compelling, historical and easy to digest manner, starting with the challenges of integration that the EU has faced. It then charts the course of general financial services regulation, focusing on the history of data protection legislation in the EU and drawing out the real challenges that are presented by the legislative framework. There is an in-depth analysis of the GDPR with examples of the derogations and areas where individual states are still able to derogate. The book ends with suggestions for the application and further review of the GDPR. In the presentation of the history of data protection regulation, the author shows the influence of the contrasting narratives of privacy rights versus the desire to enable commercial activity to thrive. There are examples of how the failure to harmonise the regulation of data processing has left individual EU states able to assert national influence so that commercial organisations have been left with a legal framework that impedes the development of a single market even with the increasing importance of big data and processing in financial services. The book then highlights key provisions of the GDPR that are designed to address some of the challenges by centralising interpretation, defining flow-downs and harmonising enforcement and regulatory provisions across the EU.

Research Handbook on EU Data Protection Law

Research Handbook on EU Data Protection Law PDF 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.