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Enforcing Privacy

Enforcing Privacy Author David Wright
ISBN-10 9783319250472
Release 2016-04-19
Pages 506
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This book is about enforcing privacy and data protection. It demonstrates different approaches – regulatory, legal and technological – to enforcing privacy. If regulators do not enforce laws or regulations or codes or do not have the resources, political support or wherewithal to enforce them, they effectively eviscerate and make meaningless such laws or regulations or codes, no matter how laudable or well-intentioned. In some cases, however, the mere existence of such laws or regulations, combined with a credible threat to invoke them, is sufficient for regulatory purposes. But the threat has to be credible. As some of the authors in this book make clear – it is a theme that runs throughout this book – “carrots” and “soft law” need to be backed up by “sticks” and “hard law”. The authors of this book view privacy enforcement as an activity that goes beyond regulatory enforcement, however. In some sense, enforcing privacy is a task that befalls to all of us. Privacy advocates and members of the public can play an important role in combatting the continuing intrusions upon privacy by governments, intelligence agencies and big companies. Contributors to this book - including regulators, privacy advocates, academics, SMEs, a Member of the European Parliament, lawyers and a technology researcher – share their views in the one and only book on Enforcing Privacy.



Solving the Internet Jurisdiction Puzzle

Solving the Internet Jurisdiction Puzzle Author Dan Jerker B. Svantesson
ISBN-10 9780192515209
Release 2017-10-05
Pages 256
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Internet jurisdiction has emerged as one of the greatest and most urgent challenges online; affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, cyber security, intellectual property, freedom of speech, and cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction based on an extensive period of research dedicated to the topic. The book demonstrates that our current paradigm remains attached to territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit rather than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction - a framework that unites private, and public, international law. He also proposes several other reform initiatives aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how to properly understand and work with rules of Internet jurisdiction. While Solving the Internet Jurisdiction Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework. Professor Svantesson argues that many of the Internet jurisdiction problems we face are due to a sleepwalking-like acceptance of orthodox thinking. Solving the Internet Jurisdiction Puzzle acts as a wake-up call to this issue.



Privacy Invading Technologies and Privacy by Design

Privacy Invading Technologies and Privacy by Design Author Demetrius Klitou
ISBN-10 9789462650268
Release 2014-07-05
Pages 338
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Privacy-invading technologies (PITs) such as Body scanners; Public space CCTV microphones; Public space CCTV loudspeakers and Human-implantable microchips (RFID implants/GPS implants) are dealt with in this book. The book shows how and why laws that regulate the design and development of privacy-invading technologies (PITs) may more effectively ensure the protection of privacy than laws that only regulate data controllers and the use of such technologies. The premise is supported and demonstrated through a discussion on these four specific PITs as case studies. In doing so, the book overall attempts to explain how laws/regulations that mandate the implementation of Privacy by Design (PBD) could potentially serve as a viable approach for collectively safeguarding privacy, liberty and security in the 21st Century. This book will be of interest to academic researchers, law practitioners, policy makers and technology researchers.



Ethical Governance of Emerging Technologies Development

Ethical Governance of Emerging Technologies Development Author Doridot, Fernand
ISBN-10 9781466636712
Release 2013-03-31
Pages 417
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The more integrated technology becomes in our everyday lives and businesses, the more vital it grows that its applications are utilized in an ethical and appropriate way. Ethical Governance of Emerging Technologies Development combines multiple perspectives on ethical backgrounds, theories, and management approaches when implementing new technologies into an environment. Understanding the ethical implications associated with utilizing new advancements in technology is useful for professionals, researchers, and graduate students interested in this growing area of research.



Privacy Technologies and Policy

Privacy Technologies and Policy Author Bart Preneel
ISBN-10 9783319067490
Release 2014-05-15
Pages 191
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This book constitutes the refereed proceedings of the Second Annual Privacy Forum, APF 2014, held in Athens, Greece, in May 2014. The 12 revised papers presented in this volume were carefully reviewed and selected from 21 submissions. The topics include: the concept and implementation of "privacy by design", with applications to encrypted databases; the study of video surveillance architectures and new networking concepts and innovative solutions for identity management. The papers address the technical, legal, and economic aspects of these problems.



Aviation Security Privacy Data Protection and Other Human Rights Technologies and Legal Principles

Aviation Security  Privacy  Data Protection and Other Human Rights  Technologies and Legal Principles Author Olga Mironenko Enerstvedt
ISBN-10 9783319581392
Release 2017-09-18
Pages 453
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This book sheds light on aviation security, considering both technologies and legal principles. It considers the protection of individuals in particular their rights to privacy and data protection and raises aspects of international law, human rights and data security, among other relevant topics. Technologies and practices which arise in this volume include body scanners, camera surveillance, biometrics, profiling, behaviour analysis, and the transfer of air passenger personal data from airlines to state authorities. Readers are invited to explore questions such as: What right to privacy and data protection do air passengers have? How can air passenger rights be safeguarded, whilst also dealing appropriately with security threats at airports and in airplanes? Chapters explore these dilemmas and examine approaches to aviation security which may be transferred to other areas of transport or management of public spaces, thus making the issues dealt with here of paramou nt importance to privacy and human rights more broadly. The work presented here reveals current processes and tendencies in aviation security, such as globalization, harmonization of regulation, modernization of existing data privacy regulation, mechanisms of self-regulation, the growing use of Privacy by Design, and improving passenger experience. This book makes an important contribution to the debate on what can be considered proportionate security, taking into account concerns of privacy and related human rights including the right to health, freedom of movement, equal treatment and non-discrimination, freedom of thought, conscience and religion, and the rights of the child. It will be of interest to graduates and researchers in areas of human rights, international law, data security and related areas of law or information science and technology. I think it will also be of interest to other categories (please see e.g. what the reviewers have written) "I think that the book would be of great appeal for airports managing bodies, regulators, Civil Aviation Authorities, Data Protection Authorities, air carriers, any kind of security companies, European Commission Transport Directorate, European Air Safety Agency (EASA), security equipment producers, security agencies like the US TSA, university researchers and teachers." "Lawyers (aviation, privacy and IT lawyers), security experts, aviation experts (security managers of airports, managers and officers from ANSPs and National Aviation Authorities), decision makers, policy makers (EASA, EUROCONTROL, EU commission)"



Comparative Law and Regulation

Comparative Law and Regulation Author Francesca Bignami
ISBN-10 9781782545613
Release 2016-09-30
Pages 608
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Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations.



Privacy and Data Protection Issues of Biometric Applications

Privacy and Data Protection Issues of Biometric Applications Author Els J. Kindt
ISBN-10 9789400775220
Release 2013-12-05
Pages 975
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This book discusses all critical privacy and data protection aspects of biometric systems from a legal perspective. It contains a systematic and complete analysis of the many issues raised by these systems based on examples worldwide and provides several recommendations for a transnational regulatory framework. An appropriate legal framework is in most countries not yet in place. Biometric systems use facial images, fingerprints, iris and/or voice in an automated way to identify or to verify (identity) claims of persons. The treatise which has an interdisciplinary approach starts with explaining the functioning of biometric systems in general terms for non-specialists. It continues with a description of the legal nature of biometric data and makes a comparison with DNA and biological material and the regulation thereof. After describing the risks, the work further reviews the opinions of data protection authorities in relation to biometric systems and current and future (EU) law. A detailed legal comparative analysis is made of the situation in Belgium, France and the Netherlands. The author concludes with an evaluation of the proportionality principle and the application of data protection law to biometric data processing operations, mainly in the private sector. Pleading for more safeguards in legislation, the author makes several suggestions for a regulatory framework aiming at reducing the risks of biometric systems. They include limitations to the collection and storage of biometric data as well as technical measures, which could influence the proportionality of the processing. The text is supported by several figures and tables providing a summary of particular points of the discussion. The book also uses the 2012 biometric vocabulary adopted by ISO and contains an extensive bibliography and literature sources.



Privacy in Public Space

Privacy in Public Space Author Tjerk Timan
ISBN-10 9781786435408
Release 2017-11-24
Pages 320
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This book examines privacy in public space from both legal and regulatory perspectives. With on-going technological innovations such as mobile cameras, WiFi tracking, drones and augmented reality, aspects of citizens’ lives are increasingly vulnerable to intrusion. The contributions describe contemporary challenges to achieving privacy and anonymity in physical public space, at a time when legal protection remains limited compared to ‘private’ space. To address this problem, the book clearly shows why privacy in public space needs defending. Different ways of conceptualizing and shaping such protection are explored, for example through ‘privacy bubbles’, obfuscation and surveillance transparency, as well as revising the assumptions underlying current privacy laws.



Law and the Technologies of the Twenty First Century

Law and the Technologies of the Twenty First Century Author Roger Brownsword
ISBN-10 9780521186247
Release 2012-06-14
Pages 469
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A clear and comprehensive introduction for students studying key regulatory challenges posed by technologies in the twenty-first century. Co-authored by a leading scholar in the field with a new scholar to the area, it combines comprehensive knowledge with a fresh perspective. Essential reading for students of law and technology.



Governance in cyberspace

Governance in  cyberspace Author Klaus W. Grewlich
ISBN-10 9041112251
Release 1999
Pages 405
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'Cyberspace' is the emerging invisible, intangible world of electronic information and processes stored at multiple interconnected sites. The digital revolution leads to 'convergence' (of telecommunications, computer/Internet and broadcasting) and to dynamic multimedia value chains. Deregulation and competition are major driving forces in the new interactive electronic environment. This volume contains normative proposals for 'cyber'-regulation, including self-regulation, grounded on developments in the EU, US And The Far East, In international organisations (WTO, OECD, WIPO, ITU), In business fora, In NGOs, In the 'Internet community' and in academic research. The multi-actor (government, business, civil society) and multi-level analysis (subsidiarity) pertains e.g. To ex-ante and ex-post access-regulation, competition, network economics (external effects, essential facilities), public interest principles (human dignity, free speech, privacy, security), development and culture, consumer protection, cryptography, domain names and copyright. Lawyers, regulators, business executives, investment bankers, diplomats, and civil society representatives need shared essentials of plurilateral 'governance' to safeguard both competition and public interest objectives, at a scale congruent to 'cyberspace', In the transition to an 'international law of cooperation'.



Under Observation The Interplay Between eHealth and Surveillance

Under Observation  The Interplay Between eHealth and Surveillance Author Samantha Adams
ISBN-10 9783319483429
Release 2016-12-31
Pages 213
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The essays in this book clarify the technical, legal, ethical, and social aspects of the interaction between eHealth technologies and surveillance practices. The book starts out by presenting a theoretical framework on eHealth and surveillance, followed by an introduction to the various ideas on eHealth and surveillance explored in the subsequent chapters. Issues addressed in the chapters include privacy and data protection, social acceptance of eHealth, cost-effective and innovative healthcare, as well as the privacy aspects of employee wellness programs using eHealth, the use of mobile health app data by insurance companies, advertising industry and law enforcement, and the ethics of Big Data use in healthcare. A closing chapter draws on the previous content to explore the notion that people are ‘under observation’, bringing together two hitherto unrelated streams of scholarship interested in observation: eHealth and surveillance studies. In short, the book represents a first essential step towards cross-fertilization and offers new insights into the legal, ethical and social significance of being ‘under observation’.



The Legal Challenges of Social Media

The Legal Challenges of Social Media Author David Mangan
ISBN-10 9781785364518
Release 2017-06-30
Pages 352
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Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from public and private law perspectives and outlines how the law, in various legal sub-disciplines and with varying success, has endeavoured to adapt existing tools to social media.



The Cambridge Handbook of Consumer Privacy

The Cambridge Handbook of Consumer Privacy Author Evan Selinger
ISBN-10 9781316859278
Release 2018-04-02
Pages
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Businesses are rushing to collect personal data to fuel surging demand. Data enthusiasts claim personal information that's obtained from the commercial internet, including mobile platforms, social networks, cloud computing, and connected devices, will unlock path-breaking innovation, including advanced data security. By contrast, regulators and activists contend that corporate data practices too often disempower consumers by creating privacy harms and related problems. As the Internet of Things matures and facial recognition, predictive analytics, big data, and wearable tracking grow in power, scale, and scope, a controversial ecosystem will exacerbate the acrimony over commercial data capture and analysis. The only productive way forward is to get a grip on the key problems right now and change the conversation. That's exactly what Jules Polonetsky, Omer Tene, and Evan Selinger do. They bring together diverse views from leading academics, business leaders, and policymakers to discuss the opportunities and challenges of the new data economy.



Federal Trade Commission Privacy Law and Policy

Federal Trade Commission Privacy Law and Policy Author Chris Jay Hoofnagle
ISBN-10 9781316495490
Release 2016-02-09
Pages
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The Federal Trade Commission, a US agency created in 1914 to police the problem of 'bigness', has evolved into the most important regulator of information privacy - and thus innovation policy - in the world. Its policies profoundly affect business practices and serve to regulate most of the consumer economy. In short, it now regulates our technological future. Despite its stature, however, the agency is often poorly understood by observers and even those who practice before it. This volume by Chris Jay Hoofnagle - an internationally recognized scholar with more than fifteen years of experience interacting with the FTC - is designed to redress this confusion by explaining how the FTC arrived at its current position of power. It will be essential reading for lawyers, legal academics, political scientists, historians and anyone else interested in understanding the FTC's privacy activities and how they fit in the context of the agency's broader consumer protection mission.



The Needed Balances in EU Criminal Law

The Needed Balances in EU Criminal Law Author Chloé Brière
ISBN-10 9781509917020
Release 2017-12-28
Pages 472
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This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.



African Data Privacy Laws

African Data Privacy Laws Author Alex B. Makulilo
ISBN-10 9783319473178
Release 2016-12-11
Pages 379
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This volume presents analyses of data protection systems and of 26 jurisdictions with data protection legislation in Africa, as well as additional selected countries without comprehensive data protection laws. In addition, it covers all sub-regional and regional data privacy policies in Africa. Apart from analysing data protection law, the book focuses on the socio-economic contexts, political settings and legal culture in which such laws developed and operate. It bases its analyses on the African legal culture and comparative international data privacy law. In Africa protection of personal data, the central preoccupation of data privacy laws, is on the policy agenda. The recently adopted African Union Cyber Security and Data Protection Convention 2014, which is the first and currently the only single treaty across the globe to address data protection outside Europe, serves as an illustration of such interest. In addition, there are data protection frameworks at sub-regional levels for West Africa, East Africa and Southern Africa. Similarly, laws on protection of personal data are increasingly being adopted at national plane. Yet despite these data privacy law reforms there is very little literature about data privacy law in Africa and its recent developments. This book fills that gap.