Table of Data Protection and Privacy Law Instruments Regulating Transborder Data Flows

Table of Data Protection and Privacy Law Instruments Regulating Transborder Data Flows
Author: Christopher Kuner
Publisher:
Total Pages: 0
Release: 2011
Genre:
ISBN:

An increasing number of laws, regulations, treaties, and private sector instruments from around the world regulate the transborder flow of personal data. This document categorizes and describes them, as of March 1, 2011; it is an annex to a study that will be attached to the forthcoming OECD report on the 30th anniversary of the OECD Privacy Guidelines.

Regulation of Transborder Data Flows Under Data Protection and Privacy Law

Regulation of Transborder Data Flows Under Data Protection and Privacy Law
Author: Christopher Kuner
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

Transborder data flows have become increasingly important in economic, political, and social terms over the thirty years since adoption in 1980 of the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. Data protection and privacy legislation often regulates the movement of personal data across national borders. A fundamental change in the business and technological environment for data processing is also taking place, driven by developments such as the increased globalisation of the world economy; the growing economic importance of data processing; the ubiquity of data transfers over the Internet; greater direct involvement of individuals in transborder data flows; the changing role of geography; and growing risks to the privacy of individuals. Despite these fundamental changes in the data processing landscape, and the growth in the regulation of transborder data flows in numerous countries, there has been little attempt so far to conduct a systematic inventory of such regulation at a global level; to examine the policies underlying it; and to consider whether those policies need to be re-evaluated. This study is designed to describe the present status of transborder data flow regulation, and to provoke reflection about its aims, operation, and effectiveness, now and in the future. An Annex lists data protection and privacy law instruments from around the world regulating transborder data flows.

Transborder Data Flows and Data Privacy Law

Transborder Data Flows and Data Privacy Law
Author: Christopher Kuner
Publisher: OUP Oxford
Total Pages: 0
Release: 2013-05-09
Genre: Law
ISBN: 9780199674619

Written by a renowned expert on data protection law, this work examines the history, policies, and future of transborder data flow regulation, and is the only text to provide a detailed legal analysis of its global implications.

Transborder Data Flows and Data Privacy Law

Transborder Data Flows and Data Privacy Law
Author: Christopher Kuner
Publisher:
Total Pages: 680
Release: 2013
Genre:
ISBN: 9780191668401

Over 70 countries and various international organizations have adopted data protection and privacy laws that regulate the cross-border transfer of personal data outside their borders. In an era of globalization and the Internet, these restrictions have immense implications for citizens, companies, and governments. This work, written by a renowned expert on data protection law, examines the history, policies, and future of transborder data flow regulation. Kuner traces the history of regulation in different regions, beginning with the earliest European laws in the 1970s, through to leading regi.

Data Localization Laws and Policy

Data Localization Laws and Policy
Author: W. Kuan Hon
Publisher: Edward Elgar Publishing
Total Pages: 489
Release: 2017
Genre: Cloud computing
ISBN: 1786431971

Countries are increasingly introducing data localization laws, threatening digital globalization and inhibiting cloud computing adoption despite its acknowledged benefits. This multi-disciplinary book analyzes the EU restriction (including the Privacy Shield and General Data Protection Regulation) through a cloud computing lens, covering historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data, and control of access to data through security.

Governing Cross-Border Data Flows

Governing Cross-Border Data Flows
Author: Svetlana Yakovleva
Publisher: Oxford University Press
Total Pages: 433
Release: 2024-02-27
Genre: Law
ISBN: 0192899260

Governing Cross-Border Data Flows explores how the European Union can simultaneously reconcile and pursue two important legal and policy objectives, namely: protecting fundamental rights guaranteed under the EU Charter of Fundamental Rights (EU Charter) concerning privacy and personal data, while also maintaining and developing a binding, rules-based global trading system to ensure appropriate access to foreign digital markets for EU businesses. The book demonstrates a significant conflict between international trade law and European data privacy law when it comes to the governance of cross-border flows of personal data. To resolve the tensions caused by this clash, the book proposes concrete and detailed ways to ameliorate the situation from both ends (international trade and personal data protection), specifically through reforms of both international trade and chapter V of the General Data Protection Regulation (GDPR). To explain how such reforms could be effectuated, Yakovleva examines the role of discourse in the evolution of trade law in the last two decades. The book also paves the way for the further research necessary to design a fully-fledged reform proposal of the EU framework for the transfer of personal data outside the European Economic Area.

Big Data and Global Trade Law

Big Data and Global Trade Law
Author: Mira Burri
Publisher: Cambridge University Press
Total Pages: 407
Release: 2021-07-29
Genre: Business & Economics
ISBN: 110884359X

An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.

Data Protection in the Internet

Data Protection in the Internet
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.

Data Protection Around the World

Data Protection Around the World
Author: Elif Kiesow Cortez
Publisher: Springer Nature
Total Pages: 279
Release: 2020-11-20
Genre: Law
ISBN: 9462654077

This book provides a snapshot of privacy laws and practices from a varied set of jurisdictions in order to offer guidance on national and international contemporary issues regarding the processing of personal data and serves as an up-to-date resource on the applications and practice-relevant examples of data protection laws in different countries. Privacy violations emerging at an ever-increasing rate, due to evolving technology and new lifestyles linked to an intensified online presence of ever more individuals, required the design of a novel data protection and privacy regulation. The EU General Data Protection Regulation (GDPR) stands as an example of a regulatory response to these demands. The authors included in this book offer an in-depth analysis of the national data protection legislation of various countries across different continents, not only including country-specific details but also comparing the idiosyncratic characteristics of these national privacy laws to the GDPR. Valuable comparative information on data protection regulations around the world is thus provided in one concise volume. Due to the variety of jurisdictions covered and the practical examples focused on, both academics and legal practitioners will find this book especially useful, while for compliance practitioners it can serve as a guide regarding transnational data transfers. Elif Kiesow Cortez is Senior Lecturer at the International and European Law Program at The Hague University of Applied Sciences in The Netherlands.