The Emergence of Personal Data Protection as a Fundamental Right of the EU

Author: Gloria González Fuster

Publisher: Springer Science & Business

ISBN: 3319050230

Category: Law

Page: 274

View: 9621

This book explores the coming into being in European Union (EU) law of the fundamental right to personal data protection. Approaching legal evolution through the lens of law as text, it unearths the steps that led to the emergence of this new right. It throws light on the right’s significance, and reveals the intricacies of its relationship with privacy. The right to personal data protection is now officially recognised as an EU fundamental right. As such, it is expected to play a critical role in the future European personal data protection legal landscape, seemingly displacing the right to privacy. This volume is based on the premise that an accurate understanding of the right’s emergence is crucial to ensure its correct interpretation and development. Key questions addressed include: How did the new right surface in EU law? How could the EU Charter of Fundamental Rights claim to render ‘more visible’ an invisible right? And how did EU law allow for the creation of a new right while ensuring consistency with existing legal instruments and case law? The book first investigates the roots of personal data protection, studying the redefinition of privacy in the United States in the 1960s, as well as pioneering developments in European countries and in international organisations. It then analyses the EU’s involvement since the 1970s up to the introduction of legislative proposals in 2012. It grants particular attention to changes triggered in law by language and, specifically, by the coexistence of languages and legal systems that determine meaning in EU law. Embracing simultaneously EU law’s multilingualism and the challenging notion of the untranslatability of words, this work opens up an inspiring way of understanding legal change. This book will appeal to legal scholars, policy makers, legal practitioners, privacy and personal data protection activists, and philosophers of law, as well as, more generally, anyone interested in how law works.

The Emergence of Personal Data Protection as a Fundamental Right of the EU

Author: Gloria González Fuster

Publisher: Springer

ISBN: 9783319351902

Category: Law

Page: 274

View: 9928

This book explores the coming into being in European Union (EU) law of the fundamental right to personal data protection. Approaching legal evolution through the lens of law as text, it unearths the steps that led to the emergence of this new right. It throws light on the right’s significance, and reveals the intricacies of its relationship with privacy. The right to personal data protection is now officially recognised as an EU fundamental right. As such, it is expected to play a critical role in the future European personal data protection legal landscape, seemingly displacing the right to privacy. This volume is based on the premise that an accurate understanding of the right’s emergence is crucial to ensure its correct interpretation and development. Key questions addressed include: How did the new right surface in EU law? How could the EU Charter of Fundamental Rights claim to render ‘more visible’ an invisible right? And how did EU law allow for the creation of a new right while ensuring consistency with existing legal instruments and case law? The book first investigates the roots of personal data protection, studying the redefinition of privacy in the United States in the 1960s, as well as pioneering developments in European countries and in international organisations. It then analyses the EU’s involvement since the 1970s up to the introduction of legislative proposals in 2012. It grants particular attention to changes triggered in law by language and, specifically, by the coexistence of languages and legal systems that determine meaning in EU law. Embracing simultaneously EU law’s multilingualism and the challenging notion of the untranslatability of words, this work opens up an inspiring way of understanding legal change. This book will appeal to legal scholars, policy makers, legal practitioners, privacy and personal data protection activists, and philosophers of law, as well as, more generally, anyone interested in how law works.

The European Union as Guardian of Internet Privacy

The Story of Art 16 TFEU

Author: Hielke Hijmans

Publisher: Springer

ISBN: 3319340905

Category: Law

Page: 604

View: 5229

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.

Managing Democracy in the Digital Age

Internet Regulation, Social Media Use, and Online Civic Engagement

Author: Julia Schwanholz,Todd Graham,Peter-Tobias Stoll

Publisher: Springer

ISBN: 3319617087

Category: Political Science

Page: 270

View: 9246

In light of the increased utilization of information technologies, such as social media and the ‘Internet of Things,’ this book investigates how this digital transformation process creates new challenges and opportunities for political participation, political election campaigns and political regulation of the Internet. Within the context of Western democracies and China, the contributors analyze these challenges and opportunities from three perspectives: the regulatory state, the political use of social media, and through the lens of the public sphere. The first part of the book discusses key challenges for Internet regulation, such as data protection and censorship, while the second addresses the use of social media in political communication and political elections. In turn, the third and last part highlights various opportunities offered by digital media for online civic engagement and protest in the public sphere. Drawing on different academic fields, including political science, communication science, and journalism studies, the contributors raise a number of innovative research questions and provide fascinating theoretical and empirical insights into the topic of digital transformation.

The Routledge Handbook of European Public Policy

Author: Nikolaos Zahariadis,Laurie Buonanno

Publisher: Routledge

ISBN: 1317404025

Category: Political Science

Page: 400

View: 8412

The Routledge Handbook of European Public Policy provides an in-depth and systematic understanding of EU policies. It covers theoretical approaches on the policy process and the various stages of public policy-formulation and decision making; and discusses key questions of contemporary European governance. The handbook introduces major concepts, trends, and methodologies in a variety of comparative settings thereby providing the first systematic effort to include theoretical and substantive analyses of European public policies in a single volume. The handbook is divided into four sections: Concepts and approaches in EU policymaking; Substantive policies of the EU, including economic and social, fiscal and monetary, areas of freedom, security and justice, and external policies; Elements of the policy cycle; Themes ranging from crisis and resistance to controversies in education. This handbook will be an essential reference for students and scholars of the European Union, public policy, social policy and more broadly for European and comparative politics.

Reforming European Data Protection Law

Author: Serge Gutwirth,Ronald Leenes,Paul de Hert

Publisher: Springer

ISBN: 9401793859

Category: Law

Page: 406

View: 435

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.

Exploring the Boundaries of Big Data

Author: Bart van der Sloot,Dennis Broeders,Erik Schrijvers

Publisher: WRR Verkenningen

ISBN: 9789462983588

Category: Big data

Page: 286

View: 8245

Though the exact nature and delineation of Big Data is still unclear, it seems likely that Big Data will have an enormous impact on our daily lives. 'Exploring the Boundaries of Big Data' serves as preparatory work for The Netherlands Scientific Council for Government Policy's advice to the Dutch government, which has asked the Council to address questions regarding Big Data, security and privacy. It is divided into five parts, each part engaging with a different perspective on Big Data: the technical, empirical, legal, regulatory and international perspective.

The European Right to Be Forgotten

The First Amendment Enemy

Author: Kristie Byrum

Publisher: Rowman & Littlefield

ISBN: 1498549616

Category: Language Arts & Disciplines

Page: 204

View: 5448

This book explains the threat to global freedom of information presented by the European General Data Protection Regulation’s Right to be Forgotten and explores disruption in the global marketplace of ideas.

The Future of the Public Domain

Identifying the Commons in Information Law

Author: Lucie M. C. R. Guibault

Publisher: Kluwer Law International B.V.

ISBN: 9041124357

Category: Law

Page: 377

View: 4137

The presence of a robust public domain is an essential precondition for cultural, social and economic development and for a healthy democratic process. But the public domain is under pressure as a result of the ongoing march towards an information economy. Items of information, which in the `old economy had little or no economic value, such as factual data, personal data, genetic information and pure ideas, have acquired independent economic value in the current information age, and consequently become the object of property rights making the information a tradable commodity. How and to what extent does the commodification of information affect the free flow of information and the integrity of the public domain? Does the freedom of expression and information, guaranteed inter alia in the European Convention on Human Rights, call for active state intervention to `save the public domain? What means both legal and practical are available or might be conceived to guarantee and foster a robust public domain? These were the main questions that were addressed in a major collaborative research project led by the Institute for Information Law of the University of Amsterdam (IViR) in co-operation with the Tilburg Institute for Law, Technology and Society (TILT) of Tilburg University, and funded by ITeR, the Dutch National Program for Information Technology and Law. Thirteen contributions from academia worldwide make up the present book, addressing the future of the public domain from a different angle. In addition, all authors were invited to reflect upon the notion and role of the public domain in the context of information law and policy. Should this concept be limited to that of a `negative image of (intellectual) property protection, i.e. all publicly available information not subject to a property right, and therefore freely (i.e. gratis) available, or should a broader approach be taken, e.g. all information available from public sources at affordable cost? Should information policies be aimed at maximizing the public domain or optimizing information flows? To what extent are these aims congruent? This book takes a broader, `information law oriented approach towards the question of preserving the public domain, in which a wide range of interrelated legal questions converge. Issues treated in this book include: Economic analysis of the public domain Fundamental rights analysis of the public domain Impact of the application of technological protection measures and contractual restrictions on the public domain The impact of the expansion of copyright, database right and patent rights on the public domain The impact of the commodification of private data, government information, indigenous knowledge on the public domain The capacity of the Open Source and Creative Commons Movements to preserve the integrity of the public domain The Future of the Public Domain is an important work for all those interested or involved in the regulation of the knowledge economy. Legal scholars, academic and research institutions, corporate counsel, lawyers, government policymakers and regulators all these and more will benefit enormously from the thoughtful and incisive discussions presented here.

Privacy, free expression and transparency

redefining their new boundaries in the digital age

Author: Cannataci, Joseph A.,Bo Zhao,Torres Vives, Gemma,Monteleone, Shara,Bonnici, Jeanne Mifsud,Moyakine, Evgeni

Publisher: UNESCO Publishing

ISBN: 9231001884

Category:

Page: 140

View: 8390

Cross-border Health Care in the European Union

Mapping and Analysing Practices and Policies

Author: Matthias Wismar,J. Figueras,W. Palm

Publisher: N.A

ISBN: 9789289002219

Category: Health & Fitness

Page: 376

View: 7735

Cross-border health care has become a much more prominent phenomenon in the European Union. When in need of medical treatment, patients increasingly act as informed consumers who claim the right to choose their own providers, including those beyond borders. This book explores such trends and also looks at the legal framework for cross-border care as well as examining some of the uncertainties surrounding it. After the adoption of the Directive on the application of patient rights in cross-border care, Member States will now have to start implementing these provisions. One of the challenges will be to see how various national practices related to access, benefits and tariffs, quality and safety, patient rights, cooperation etc. will be affected by these new rules. The information and analysis presented in the study can be of considerable use to policy-makers and those with an interest in key aspects of cross-border health care to accompany or follow this process.

Global Survey on Internet Privacy and Freedom of Expression

Author: Toby Mendel,Andrew Puddephatt,Ben Wagner,Dixie Hawtin,Natalia Torres

Publisher: UNESCO

ISBN: 9231042416

Category: Business & Economics

Page: 144

View: 8185

"This publication seeks to identify the relationship between freedom of expression and Internet privacy, assessing where they support or compete with each other in different circumstances. The book maps out the issues in the current regulatory landscape of Internet privacy from the viewpoint of freedom of expression. It provides an overview of legal protection, self-regulatory guidelines, normative challenges, and case studies relating to the topic. With this publication UNESCO aims to provide its Member States and other stakeholders, national and international, with a useful reference tool containing up-to-date and sharp information on emerging issues relevant to both developed and developing countries. Multiple stakeholders, preferably in dialogue, can use it in their own spheres of operation, adapting where appropriate from the range of experiences as recorded in these pages. The publication also supplies additional sources of reference for interested readers to use to further investigate each of the subjects highlighted. The publication explores a range of issues, such as: (1) threats to privacy that have developed through the Internet, (2) international legal standards on privacy and responses to these emerging issues, (3) complex intersections between the rights to privacy and freedom of expression, (4) UNESCO recommendations to states and corporations for better practice, (5) overview of literature, background material and tools on international and national policy and practice on privacy and freedom of expression on the Internet. In the coming years, UNESCO will specifically seek to disseminate information about good practices and international collaboration concerning the points of intersection between freedom of expression and privacy. Research on safeguarding the principle of freedom of expression in Internet policy across a range of issues will continue to be part of UNESCO's normative mandate and technical advice to stakeholders."--Publisher's description

Governance for Health in the 21st Century

Author: Ilona Kickbusch,David Gleicher

Publisher: N.A

ISBN: 9789289002745

Category: Education

Page: 122

View: 7001

Governance for health describes the attempts of governments and other actors to steer communities, whole countries or even groups of countries in the pursuit of health as integral to well-being. This study tracks recent governance innovations to address the priority determinants of health and categorizes them into five strategic approaches to smart governance for health. It relates the emergence of joint action by the health sector and non-health sectors, by public and private actors and by citizens, all of whom have an increasing role to play in achieving seminal changes in 21st-century societies.

Digital Infrastructure for the Learning Health System:

The Foundation for Continuous Improvement in Health and Health Care: Workshop Series Summary

Author: Roundtable on Value & Science-Driven Health Care,The Learning Health System Series,Institute of Medicine

Publisher: National Academies Press

ISBN: 0309154162

Category: Medical

Page: 320

View: 8936

Like many other industries, health care is increasingly turning to digital information and the use of electronic resources. The Institute of Medicine's Roundtable on Value & Science-Driven Health Care hosted three workshops to explore current efforts and opportunities to accelerate progress in improving health and health care with information technology systems.

The Fundamental Right to Data Protection

Normative Value in the Context of Counter-Terrorism Surveillance

Author: Maria Tzanou

Publisher: Bloomsbury Publishing

ISBN: 150990168X

Category: Law

Page: 320

View: 7267

Since the entry into force of the Lisbon Treaty, data protection has been elevated to the status of a fundamental right in the European Union and is now enshrined in the EU Charter of Fundamental Rights alongside the right to privacy. This timely book investigates the normative significance of data protection as a fundamental right in the EU. The first part of the book examines the scope, the content and the capabilities of data protection as a fundamental right to resolve problems and to provide for an effective protection. It discusses the current approaches to this right in the legal scholarship and the case-law and identifies the limitations that prevent it from having an added value of its own. It suggests a theory of data protection that reconstructs the understanding of this right and could guide courts and legislators on data protection issues. The second part of the book goes on to empirically test the reconstructed right to data protection in four case-studies of counter-terrorism surveillance: communications metadata, travel data, financial data and Internet data surveillance. The book will be of interest to academics, students, policy-makers and practitioners in EU law, privacy, data protection, counter-terrorism and human rights law.

Cloud Computing Law

Author: Christopher Millard

Publisher: OUP Oxford

ISBN: 9780199671670

Category: Law

Page: 480

View: 7092

Building on innovative research undertaken by the 'Cloud Legal Project' at Queen Mary, University of London, this work analyses the key legal and regulatory issues relevant to cloud computing under European and English law.

Everything You Always Wanted to Know about European Union Health Policies But Were Afraid to Ask

Author: S. L. Greer,Who Regional Office for Europe

Publisher: N.A

ISBN: 9789289050272

Category: Law

Page: 160

View: 4145

The EU's health mandate allows for a comprehensive set of public health actions, and there are other EU policies, though not health related, which have important consequences for governing, financing, staffing and delivering health services. In other words: EU actions affect the health of Europe's population and the performance of health systems. Given the importance of health systems, an informed debate on the role of the EU and its contribution is required. This though is not easy because EU health policy is difficult to comprehend. There is no single strategy with a neat body of legislation implementing it; rather, there are many different objectives and instruments, some of which appear in unlikely places. Understanding the EU's role in health is especially important now with health systems having to deal with a plethora of challenges including the European financial crisis and the growth of euro-scepticism in politics. This short book aims to makes EU health policy accessible to the political and technical debate, the volume focusing on four aspects of EU health policy: (i) the EU institutions, processes and powers related to health; (ii) the EU action taken on the basis of this health mandate; (iii) the non-health action affecting health and health systems; and, because of its growing importance, financial governance and what it means for European health systems.