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

Author: Gloria González Fuster

Publisher: Springer Science & Business

ISBN:

Category: Law

Page: 274

View: 685

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:

Category: Law

Page: 604

View: 673

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

Publisher: Springer

ISBN:

Category: Political Science

Page: 270

View: 730

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

Publisher: Routledge

ISBN:

Category: Political Science

Page: 400

View: 302

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.

Understanding the New European Data Protection Rules

Author: Paul Lambert

Publisher: CRC Press

ISBN:

Category: Business & Economics

Page: 508

View: 558

Compared to the US, European data and privacy protection rules seem Draconian. The European rules apply to any enterprise doing business in the EU. The new rules are far more stringent than the last set. This book is a quick guide to the directives for companies, particularly US, that have to comply with them. Where US organizations and businesses who collect or receive EU personal data fail to comply with the rule, the bottom line can suffer from very significant official fines and penalties, as well as from users, customers or representative bodies to pursuing litigation. This guide is essential for all US enterprises who directly or indirectly deal with EU personal data.

Reforming European Data Protection Law

Author: Serge Gutwirth

Publisher: Springer

ISBN:

Category: Law

Page: 406

View: 290

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.