Data Protection And Employment In The European Union
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| Author | : Alberto Arufe Varela |
| Publisher | : Intersentia nv |
| Total Pages | : 352 |
| Release | : 2003 |
| Genre | : Data protection |
| ISBN | : 9050953018 |
Information and knowledge have become crucial factors in modern labour markets. In this context, labour-management relations are characterised by an increasing and considerable flow of information. These developments are influenced by new management techniques, such as human resources management, in which the individual is identified as a key element in business success. Furthermore, there is the globalisation of the economy, the increase of international corporate mergers and the unfolding of the network society, which goes hand in hand with technological innovations. These developments not only multiplied the needs for information and the flow of data in employment relations, but also improved techniques of data processing revealing sensitive data of employees. This book deals with employment privacy law, a field of knowledge that increasingly gains influence in legal theory and daily practice. It concentrates on the legal regulation of general human resources data as well as sensitve data in the employment context. The book is developed within a comparative perspective, providing an overview and analysis of the Law of each Member State of the European Union in the field of study. It is completed by a comparative summary. Information and insights in this book will be of great value for practicing lawyers, human resources managers, academics, interest groups and policy makers. The specific issue of monitoring and surveillance in the workplace is covered in another highly recommended book.
| Author | : David A. Zetoony |
| Publisher | : |
| Total Pages | : 386 |
| Release | : 2018 |
| Genre | : Data protection |
| ISBN | : 9781641052344 |
There are relatively few resources that are built for US based legal practitioners who are not already steeped in data privacy and security. The EU GDPR General Data Protection Regulation: Answers to the Most Frequently Asked Questions provides straight-forward and practical answers to core questions that are raised by most attorneys and privacy professionals that grapple with the GDPR.
| Author | : Christopher Kuner |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 1360 |
| Release | : 2019-06-13 |
| Genre | : Law |
| ISBN | : 9780198826491 |
This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. The book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation.
| Author | : Catarina Castro |
| Publisher | : Intersentia nv |
| Total Pages | : 330 |
| Release | : 2002 |
| Genre | : Data protection |
| ISBN | : 9050952399 |
This book contains the national reports and a comparative synthesis regarding the employment privacy law in the European Union. It reflects the background research that has been undertaken to prepare a European study conducted with the support of the European Commission, DG Employment, and Social Affairs. The main purpose of this research has been to undertake a comparative study in the European Union on the issue of the protection of workers' personal data, more in particular concerning the case of surveillance and monitoring. The study has focused on the situation in the various Member States of the European Union and has aimed to focus on the extent of the Member State laws and guidelines in this area, on whether such laws or existing guidelines adequately protect the worker, and on suggestions or recommendations or appropriate guidelines that would ensure suitable protection for the worker in relation to his or her monitoring and surveillance by the employer. The research has been undertaken under the supervision of the editor with the cooperation of the contributors who are all specialists in the field of employment privacy. Each expert has prepared a country study regarding the situation in the relevant Member State. The national research activities have resulted in a general discussion at a closed expert meeting on 4 and 5 October 2001, organised at the Law Faculty of the University of Leuven (Belgium). During this seminar, country surveys have been further explained and discussed, and policy options or suggestions have been looked upon in the examined field of study. The comparative overview departs from the horizontal approach of comparativism. This means that it integrates all relevant information regarding Member States horizontally, throughout the general theme and its appropriate subthemes. Contributions to this book are made by: C. Castro, X.C. Vásquez, M. Colucci, M. Forde, A. Höland, T. Homan, A. Johansson, L. Kanellos, J. Kristiansen, N. Melzer, G. Morris, S. Nerbonne, A. von Koskull.
| Author | : Marta Otto |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 255 |
| Release | : 2016-11-03 |
| Genre | : Law |
| ISBN | : 1509906134 |
At the beginning of the twenty-first century the term 'privacy' gained new prominence around the world, but in the legal arena it is still a concept in 'disarray'. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees' privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees' privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.
| Author | : Orla Lynskey |
| Publisher | : Oxford University Press |
| Total Pages | : 337 |
| Release | : 2015-11-26 |
| Genre | : Law |
| ISBN | : 0191028061 |
Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.
| Author | : Mariusz Krzysztofek |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 330 |
| Release | : 2021-04-07 |
| Genre | : Law |
| ISBN | : 9403532718 |
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.
| Author | : Paul P. Craig |
| Publisher | : |
| Total Pages | : 985 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 0199592969 |
The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.
| Author | : Serge Gutwirth |
| Publisher | : Springer |
| Total Pages | : 409 |
| Release | : 2014-11-17 |
| Genre | : Law |
| ISBN | : 9401793859 |
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.
| Author | : Eduardo Ustaran |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2022-12 |
| Genre | : |
| ISBN | : 9781948771719 |
