The Risk Based Approach To Data Protection
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| Author | : Raphaël Gellert |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 305 |
| Release | : 2020-10-06 |
| Genre | : Law |
| ISBN | : 0198837712 |
The concept of a risk-based approach to data protection came to the fore during the overhaul process of the EU's General Data Protection Regulation (GDPR). At its core, it consists of endowing the regulated organizations that process personal data with increased responsibility for complying with data protection mandates. Such increased compliance duties are performed through risk management tools. This book provides a comprehensive analysis of this legal and policy development, which considers a legal, historical, and theoretical perspective. By framing the risk-based approach as a sui generis implementation of a specific regulation model known as meta regulation, this book provides a recollection of the policy developments that led to the adoption of the risk-based approach in light of regulation theory and debates. It also discusses a number of salient issues pertaining to the risk-based approach, such as its rationale, scope, and meaning; the role for regulators; and its potential and limits. The book also looks at they way it has been undertaken in major statutes with a focus on key provisions, such as data protection impact assessments or accountability. Finally, the book devotes considerable attention to the notion of risk. It explains key terms such as risk assessment and management. It discusses in-depth the role of harms in data protection, the meaning of a data protection risk, and the difference between risks and harms. It also critically analyses prevalent data protection risk management methodologies and explains the most important caveats for managing data protection risks.
| Author | : Maximilian von Grafenstein |
| Publisher | : Nomos Verlagsgesellschaft |
| Total Pages | : 0 |
| Release | : 2018 |
| Genre | : Data Protection Law |
| ISBN | : 9783848748976 |
This thesis examines the principle of purpose limitation in data protection law from the perspective of regulating data-driven innovation. According to this approach, the principle of purpose limitation not only protects an individual's autonomy but simultaneously leaves sufficient room for data controllers to innovate when finding the best solution for protection. The first component of the principle of purpose limitation (i.e. to specify the purpose of data processing) is a precautionary protection instrument which obliges the controller to identify specific risks arising from its processing against all fundamental rights of the data subject. In contrast, the second component (i.e. the requirement to limit data processing to the preceding purpose) aims to control the risk caused by data processing that occurred at a later stage and adds to the risks which were previously identified. This approach provides an answer to the question of how the General Data Protection Regulation which does not only effectively protect an individual's autonomy but also helps controllers to turn their legal compliance into a mechanism that enhances innovation, should be interpreted with regard to all the fundamental rights of the data subject.
| Author | : Stewart Room |
| Publisher | : BCS, The Chartered Institute |
| Total Pages | : 274 |
| Release | : 2007 |
| Genre | : Business & Economics |
| ISBN | : 9781902505787 |
Large-scale data loss continues to make headline news, highlighting the need for stringent data protection policies, especially when personal or commercially sensitive information is at stake. This book provides detailed analysis of current data protection laws and discusses compliance issues, enabling the reader to construct a platform on which to build internal compliance strategies. The author is chair of the National Association of Data Protection Officers (NADPO).
| 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 | : Pieter Kubben |
| Publisher | : Springer |
| Total Pages | : 219 |
| Release | : 2018-12-21 |
| Genre | : Medical |
| ISBN | : 3319997130 |
This open access book comprehensively covers the fundamentals of clinical data science, focusing on data collection, modelling and clinical applications. Topics covered in the first section on data collection include: data sources, data at scale (big data), data stewardship (FAIR data) and related privacy concerns. Aspects of predictive modelling using techniques such as classification, regression or clustering, and prediction model validation will be covered in the second section. The third section covers aspects of (mobile) clinical decision support systems, operational excellence and value-based healthcare. Fundamentals of Clinical Data Science is an essential resource for healthcare professionals and IT consultants intending to develop and refine their skills in personalized medicine, using solutions based on large datasets from electronic health records or telemonitoring programmes. The book’s promise is “no math, no code”and will explain the topics in a style that is optimized for a healthcare audience.
| Author | : Serge Gutwirth |
| Publisher | : Springer |
| Total Pages | : 492 |
| Release | : 2016-01-09 |
| Genre | : Law |
| ISBN | : 9401773769 |
This volume brings together papers that offer methodologies, conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the eight annual International Conference on Computers, Privacy, and Data Protection, CPDP 2015, held in Brussels in January 2015. The book explores core concepts, rights and values in (upcoming) data protection regulation and their (in)adequacy in view of developments such as Big and Open Data, including the right to be forgotten, metadata, and anonymity. It discusses privacy promoting methods and tools such as a formal systems modeling methodology, privacy by design in various forms (robotics, anonymous payment), the opportunities and burdens of privacy self management, the differentiating role privacy can play in innovation. The book also discusses EU policies with respect to Big and Open Data and provides advice to policy makers regarding these topics. Also attention is being paid to regulation and its effects, for instance in case of the so-called ‘EU-cookie law’ and groundbreaking cases, such as Europe v. Facebook. This interdisciplinary book was written during what may turn out to be the final stages of the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission. It discusses open issues and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.
| Author | : Paul Voigt |
| Publisher | : Springer |
| Total Pages | : 385 |
| Release | : 2017-08-07 |
| Genre | : Law |
| ISBN | : 3319579592 |
This book provides expert advice on the practical implementation of the European Union’s General Data Protection Regulation (GDPR) and systematically analyses its various provisions. Examples, tables, a checklist etc. showcase the practical consequences of the new legislation. The handbook examines the GDPR’s scope of application, the organizational and material requirements for data protection, the rights of data subjects, the role of the Supervisory Authorities, enforcement and fines under the GDPR, and national particularities. In addition, it supplies a brief outlook on the legal consequences for seminal data processing areas, such as Cloud Computing, Big Data and the Internet of Things.Adopted in 2016, the General Data Protection Regulation will come into force in May 2018. It provides for numerous new and intensified data protection obligations, as well as a significant increase in fines (up to 20 million euros). As a result, not only companies located within the European Union will have to change their approach to data security; due to the GDPR’s broad, transnational scope of application, it will affect numerous companies worldwide.
| Author | : |
| Publisher | : |
| Total Pages | : 48 |
| Release | : 2005 |
| Genre | : Computer security |
| ISBN | : |
| Author | : Jack Freund |
| Publisher | : Butterworth-Heinemann |
| Total Pages | : 411 |
| Release | : 2014-08-23 |
| Genre | : Computers |
| ISBN | : 0127999329 |
Using the factor analysis of information risk (FAIR) methodology developed over ten years and adopted by corporations worldwide, Measuring and Managing Information Risk provides a proven and credible framework for understanding, measuring, and analyzing information risk of any size or complexity. Intended for organizations that need to either build a risk management program from the ground up or strengthen an existing one, this book provides a unique and fresh perspective on how to do a basic quantitative risk analysis. Covering such key areas as risk theory, risk calculation, scenario modeling, and communicating risk within the organization, Measuring and Managing Information Risk helps managers make better business decisions by understanding their organizational risk. - Uses factor analysis of information risk (FAIR) as a methodology for measuring and managing risk in any organization. - Carefully balances theory with practical applicability and relevant stories of successful implementation. - Includes examples from a wide variety of businesses and situations presented in an accessible writing style.
| Author | : Christopher J. Alberts |
| Publisher | : Addison-Wesley Professional |
| Total Pages | : 516 |
| Release | : 2003 |
| Genre | : Business & Economics |
| ISBN | : 9780321118868 |
Describing OCTAVE (Operationally Critical Threat, Asset and Vulnerability Evaluation), a method of evaluating information security risk, this text should be of interest to risk managers.
