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

The Emergence of Personal Data Protection as a Fundamental Right of the EU
Author: Gloria González Fuster
Publisher: Springer Science & Business
Total Pages: 284
Release: 2014-04-28
Genre: Law
ISBN: 3319050230

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 Interaction of Contract Law and Tort and Property Law in Europe

The Interaction of Contract Law and Tort and Property Law in Europe
Author: Christian von Bar
Publisher: Walter de Gruyter
Total Pages: 574
Release: 2009-04-27
Genre: Law
ISBN: 386653731X

Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

Unification of Tort Law

Unification of Tort Law
Author: Ulrich Magnus
Publisher: Kluwer Law International B.V.
Total Pages: 324
Release: 2004-01-01
Genre: Law
ISBN: 9041122206

The European Group on Tort Law aims for the formulation of common European principles on tort law. Towards that end they have undertaken a comparative examination of tort law in Europe and elsewhere. This is the eighth volume to result from their researches, concentrating on the issue of "contributory negligence." The legal principles of contributo

Unification of Tort Law

Unification of Tort Law
Author: W. H. van Boom
Publisher: Kluwer Law International B.V.
Total Pages: 430
Release: 2005-01-01
Genre: Law
ISBN: 904112098X

Covers various European countries, Israel, South Africa, and the United States.

Employment Privacy Law in the European Union

Employment Privacy Law in the European Union
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.

Non-Contractual Liability Arising out of Damage Caused to Another

Non-Contractual Liability Arising out of Damage Caused to Another
Author: Christian von Bar
Publisher: Walter de Gruyter
Total Pages: 1441
Release: 2009-08-17
Genre: Law
ISBN: 3866538650

"Non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the DCFR. The law of non-contractual liability arising out of damage caused to another (in the Common Law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict) is the area of law which determines whether one who has suffered a damage can on that account demand reparation (in money or in kind) from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this volume presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.

Rights of Personality in Scots Law

Rights of Personality in Scots Law
Author: Niall Whitty
Publisher: Edinburgh University Press
Total Pages: 300
Release: 2014-02-08
Genre: Law
ISBN: 0748699546

Explores the law on rights of personality in Scotland compared to other jurisdictionsTaking a comparative perspective, this book explores the trends and issues affecting the law on rights of personality in jurisdictions drawn from the families of common law, civilian law, and mixed legal systems. The main focus is on the private law of personality rights, with due regard paid to the impact of constitutional legislation and other instruments protecting human rights.

The Impact of Institutions and Professions on Legal Development

The Impact of Institutions and Professions on Legal Development
Author: Paul Mitchell
Publisher: Cambridge University Press
Total Pages: 253
Release: 2012
Genre: Liability (Law)
ISBN: 1107019001

This three-volume set contains the results of the second and final stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history and one which is theoretically ...

International Joint Conference SOCO’18-CISIS’18-ICEUTE’18

International Joint Conference SOCO’18-CISIS’18-ICEUTE’18
Author: Manuel Graña
Publisher: Springer
Total Pages: 622
Release: 2018-06-06
Genre: Technology & Engineering
ISBN: 3319941208

This book includes papers presented at SOCO 2018, CISIS 2018 and ICEUTE 2018, all held in the beautiful and historic city of San Sebastian (Spain), in June 2018. Soft computing represents a collection or set of computational techniques in machine learning, computer science and some engineering disciplines, which investigate, simulate, and analyze highly complex issues and phenomena. After a rigorous peer-review process, the 13th SOCO 2018 International Program Committee selected 41 papers, with a special emphasis on optimization, modeling and control using soft computing techniques and soft computing applications in the field of industrial and environmental enterprises. The aim of the 11th CISIS 2018 conference was to offer a meeting opportunity for academic and industry researchers from the vast areas of computational intelligence, information security, and data mining. The need for intelligent, flexible behaviour by large, complex systems, especially in mission-critical domains, was the catalyst for the overall event.Eight of the papers included in the book were selected by the CISIS 2018 International Program Committee. The International Program Committee of ICEUTE 2018 selected 11 papers for inclusion in these conference proceedings.