Data Protection In The Internet
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| Author | : Dário Moura Vicente |
| Publisher | : Springer Nature |
| Total Pages | : 540 |
| Release | : 2019-12-01 |
| Genre | : Law |
| ISBN | : 3030280497 |
This book identifies and explains the different national approaches to data protection – the legal regulation of the collection, storage, transmission and use of information concerning identified or identifiable individuals – and determines the extent to which they could be harmonised in the foreseeable future. In recent years, data protection has become a major concern in many countries, as well as at supranational and international levels. In fact, the emergence of computing technologies that allow lower-cost processing of increasing amounts of information, associated with the advent and exponential use of the Internet and other communication networks and the widespread liberalization of the trans-border flow of information have enabled the large-scale collection and processing of personal data, not only for scientific or commercial uses, but also for political uses. A growing number of governmental and private organizations now possess and use data processing in order to determine, predict and influence individual behavior in all fields of human activity. This inevitably entails new risks, from the perspective of individual privacy, but also other fundamental rights, such as the right not to be discriminated against, fair competition between commercial enterprises and the proper functioning of democratic institutions. These phenomena have not been ignored from a legal point of view: at the national, supranational and international levels, an increasing number of regulatory instruments – including the European Union’s General Data Protection Regulation applicable as of 25 May 2018 – have been adopted with the purpose of preventing personal data misuse. Nevertheless, distinct national approaches still prevail in this domain, notably those that separate the comprehensive and detailed protective rules adopted in Europe since the 1995 Directive on the processing of personal data from the more fragmented and liberal attitude of American courts and legislators in this respect. In a globalized world, in which personal data can instantly circulate and be used simultaneously in communications networks that are ubiquitous by nature, these different national and regional approaches are a major source of legal conflict.
| Author | : Rosa Maria Ballardini |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 517 |
| Release | : 2019-08-28 |
| Genre | : Law |
| ISBN | : 9403503416 |
The digitization of industrial processes has suddenly taken a great leap forward, with burgeoning applications in manufacturing, transportation and numerous other areas. Many stakeholders, however, are uncertain about the opportunities and risks associated with it and what it really means for businesses and national economies. Clarity of legal rules is now a pressing necessity. This book, the first to deal with legal questions related to Industrial Internet, follows a multidisciplinary approach that is instructed by law concerning intellectual property, data protection, competition, contracts and licensing, focusing on business, technology and policy-driven issues. Experts in various relevant fields of science and industry measure the legal tensions created by Industrial Internet in our global economy and propose solutions that are both theoretically valuable and concretely practical, identifying workable business models and practices based on both technical and legal knowledge. Perspectives include the following: regulating Industrial Internet via intellectual property rights (IPR); data ownership versus control over data; artificial intelligence and IPR infringement; patent owning in Industrial Internet; abuse of dominance in Industrial Internet platforms; data collaboration, pooling and hoarding; legal implications of granular versioning technologies; and misuse of information for anticompetitive purposes. The book represents a record of a major collaborative project, held between 2016 and 2019 in Finland, involving a number of universities, technology firms and law firms. As Industrial Internet technologies are already being used in several businesses, it is of paramount importance for the global economy that legal, business and policy-related challenges are promptly analyzed and discussed. This crucially important book not only reveals the legal and policy-related issues that we soon will have to deal with but also facilitates the creation of legislation and policies that promote Industrial-Internet-related technologies and new business opportunities. It will be warmly welcomed by practitioners, patent and other IPR attorneys, innovation economists and companies operating in the Industrial Internet ecosystem, as well as by competition authorities and other policymakers.
| Author | : Inge Graef |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 342 |
| Release | : 2016-10-17 |
| Genre | : Law |
| ISBN | : 9041183256 |
All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
| Author | : Aurelia Tamò-Larrieux |
| Publisher | : Springer |
| Total Pages | : 287 |
| Release | : 2018-11-03 |
| Genre | : Law |
| ISBN | : 3319986244 |
This book discusses the implementation of privacy by design in Europe, a principle that has been codified within the European Data Protection Regulation (GDPR). While privacy by design inspires hope for future privacy-sensitive designs, it also introduces the need for a common understanding of the legal and technical concepts of privacy and data protection. By pursuing an interdisciplinary approach and comparing the problem definitions and objectives of both disciplines, this book bridges the gap between the legal and technical fields in order to enhance the regulatory and academic discourse. The research presented reveals the scope of legal principles and technical tools for privacy protection, and shows that the concept of privacy by design goes beyond the principle of the GDPR. The book presents an analysis of how current regulations delegate the implementation of technical privacy and data protection measures to developers and describes how policy design must evolve in order to implement privacy by design and default principles.
| Author | : Paul Bernal |
| Publisher | : Cambridge University Press |
| Total Pages | : 327 |
| Release | : 2014-03-27 |
| Genre | : Law |
| ISBN | : 1139867954 |
Internet Privacy Rights analyses the current threats to our online autonomy and privacy and proposes a new model for the gathering, retention and use of personal data. Key to the model is the development of specific privacy rights: a right to roam the internet with privacy, a right to monitor the monitors, a right to delete personal data and a right to create, assert and protect an online identity. These rights could help in the formulation of more effective and appropriate legislation, and shape more privacy-friendly business models. The conclusion examines how the internet might look with these rights in place and whether such an internet could be sustainable from both a governmental and a business perspective.
| Author | : Ronald Leenes |
| Publisher | : Springer |
| Total Pages | : 309 |
| Release | : 2017-02-07 |
| Genre | : Law |
| ISBN | : 3319507966 |
This book features peer reviewed contributions from across the disciplines on themes relating to protection of data and to privacy protection. The authors explore fundamental and legal questions, investigate case studies and consider concepts and tools such as privacy by design, the risks of surveillance and fostering trust. Readers may trace both technological and legal evolution as chapters examine current developments in ICT such as cloud computing and the Internet of Things. Written during the process of the fundamental revision of revision of EU data protection law (the 1995 Data Protection Directive), this volume is highly topical. Since the European Parliament has adopted the General Data Protection Regulation (Regulation 2016/679), which will apply from 25 May 2018, there are many details to be sorted out. This volume identifies and exemplifies key, contemporary issues. From fundamental rights and offline alternatives, through transparency requirements to health data breaches, the reader is provided with a rich and detailed picture, including some daring approaches to privacy and data protection. The book will inform and inspire all stakeholders. Researchers with an interest in the philosophy of law and philosophy of technology, in computers and society, and in European and International law will all find something of value in this stimulating and engaging work.
| Author | : Andrew Crabtree |
| Publisher | : IET |
| Total Pages | : 277 |
| Release | : 2021-10-05 |
| Genre | : Computers |
| ISBN | : 1839531398 |
In this edited book, the authors delineate the challenges of building accountability into the Internet of Things and solutions for delivering on this critical societal challenge. They explain how the accountability principle impacts IoT development by presenting empirical studies of accountability in action.
| Author | : Anupam Chander |
| Publisher | : Stanford Law & Politics |
| Total Pages | : 376 |
| Release | : 2008 |
| Genre | : Computers |
| ISBN | : 9780804759182 |
Securing Privacy in the Internet Age contains cutting-edge analyses of Internet privacy and security from some of the nation's leading legal practitioners and academics.
| Author | : Sabine Trepte |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 267 |
| Release | : 2011-07-21 |
| Genre | : Computers |
| ISBN | : 3642215211 |
Communications and personal information that are posted online are usually accessible to a vast number of people. Yet when personal data exist online, they may be searched, reproduced and mined by advertisers, merchants, service providers or even stalkers. Many users know what may happen to their information, while at the same time they act as though their data are private or intimate. They expect their privacy will not be infringed while they willingly share personal information with the world via social network sites, blogs, and in online communities. The chapters collected by Trepte and Reinecke address questions arising from this disparity that has often been referred to as the privacy paradox. Works by renowned researchers from various disciplines including psychology, communication, sociology, and information science, offer new theoretical models on the functioning of online intimacy and public accessibility, and propose novel ideas on the how and why of online privacy. The contributing authors offer intriguing solutions for some of the most pressing issues and problems in the field of online privacy. They investigate how users abandon privacy to enhance social capital and to generate different kinds of benefits. They argue that trust and authenticity characterize the uses of social network sites. They explore how privacy needs affect users’ virtual identities. Ethical issues of privacy online are discussed as well as its gratifications and users’ concerns. The contributors of this volume focus on the privacy needs and behaviors of a variety of different groups of social media users such as young adults, older users, and genders. They also examine privacy in the context of particular online services such as social network sites, mobile internet access, online journalism, blogs, and micro-blogs. In sum, this book offers researchers and students working on issues related to internet communication not only a thorough and up-to-date treatment of online privacy and the social web. It also presents a glimpse of the future by exploring emergent issues concerning new technological applications and by suggesting theory-based research agendas that can guide inquiry beyond the current forms of social technologies.
| Author | : Hielke Hijmans |
| Publisher | : Springer |
| Total Pages | : 631 |
| Release | : 2016-09-06 |
| Genre | : Law |
| ISBN | : 3319340905 |
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.
