The Risk Based Approach To Data Protection

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The Risk Based Approach To Data Protection
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Author : Raphaël Gellert
language : en
Publisher: Oxford University Press
Release Date : 2020-10-06
The Risk Based Approach To Data Protection written by Raphaël Gellert and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-06 with Law categories.
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.
The Risk Based Approach To Data Protection
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Author : Raphaël Gellert
language : en
Publisher:
Release Date : 2020
The Risk Based Approach To Data Protection written by Raphaël Gellert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
This title provides an extensive analysis of the risk-based approach taken to data protection. It also considers risk management methodologies and provides discussions at the intersection of data protection law scholarship, regulation theory, and risk and risk management literature.
Data Protection And Privacy Volume 10
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Author : Ronald Leenes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-12-28
Data Protection And Privacy Volume 10 written by Ronald Leenes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-28 with Law categories.
The subjects of Privacy and Data Protection are more relevant than ever with the European General Data Protection Regulation (GDPR) becoming enforceable in May 2018. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the tenth annual International Conference on Computers, Privacy and Data Protection, CPDP 2017, held in Brussels in January 2017. The book explores Directive 95/46/EU and the GDPR moving from a market framing to a 'treaty-base games frame', the GDPR requirements regarding machine learning, the need for transparency in automated decision-making systems to warrant against wrong decisions and protect privacy, the riskrevolution in EU data protection law, data security challenges of Industry 4.0, (new) types of data introduced in the GDPR, privacy design implications of conversational agents, and reasonable expectations of data protection in Intelligent Orthoses. This interdisciplinary book was written while the implications of the General Data Protection Regulation 2016/679 were beginning to become clear. It discusses open issues, and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in computers, privacy and data protection.
Vulnerability And Data Protection Law
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Author : Gianclaudio Malgieri
language : en
Publisher: Oxford University Press
Release Date : 2023
Vulnerability And Data Protection Law written by Gianclaudio Malgieri and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Computers categories.
Vulnerability and Data Protection Law offers a rich analysis of the meaning of 'data subjects' and 'vulnerability' within the context of the General Data Protection Regulation. It seeks to reconceptualise data subjects' vulnerability in the digital age and to promote a 'vulnerability-aware' interpretation of the GDPR.
Guide To The Gdpr
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Author : Maciej Gawronski
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-07-17
Guide To The Gdpr written by Maciej Gawronski and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-17 with Law categories.
To execute and guarantee the right to privacy and data protection within the European Union (EU), the EU found it necessary to establish a stable, consistent framework for personal data protection and to enforce it in a decisive manner. This book, the most comprehensive guide available to the General Data Protection Regulation (GDPR), is the first English edition, updated and expanded, of a bestselling book published in Poland in 2018 by a renowned technology lawyer, expert to the European Commission on cloud computing and to the Article 29 Working Party (now: the European Data Protection Board) on data transfers who in fact contributed ideas to the GDPR. The implications of major innovations of the new system – including the obligation of businesses to consult the GDPR first rather than relevant Member State legislation and the extension of the GDPR to companies located outside of the European Economic Area – are fully analysed for the benefit of lawyers and companies worldwide. Among the specific issues and topics covered are the following: insight into the tricky nature of the GDPR; rules relating to free movement of personal data; legal remedies, liability, administrative sanctions; how to prove compliance with GDPR; direct liability of subcontractors (sub-processors); managing incidents and reporting data breaches; information on when and under what conditions the GDPR rules may apply to non-EU parties; backups and encryption; how to assess risk and adjust security accordingly and document the process; guidelines of the European Data Protection Board; and the GDPR’s digest for obligated parties in a form of a draft data protection policy. The Guide often breaks down GDPR articles into checklists of specific requirements. Of special value are the numerous ready-to-adapt template compliance documents presented in Part II. Because the GDPR contains a set of new obligations and a perspective of severe administrative fines for non-compliance, this guide is an indispensable practical resource for corporate data protection officers, in-house counsel, lawyers in data protection practice, and e-commerce start-ups worldwide.
Critical Reflections On The Eu S Data Protection Regime
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Author : Róisín Á Costello
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-12-26
Critical Reflections On The Eu S Data Protection Regime written by Róisín Á Costello and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-26 with Law categories.
This book brings together leading academics working on data protection law in the EU to analyse the most notable developments, and the most significant changes, which have occurred during the first 5 years of the GDPR. The book includes contributions analysing the efficacy of the Regulation's consent-based model, the struggle to regulate AdTech using the provisions of the GDPR, the controversy surrounding US-EU data sharing and the interaction of the Regulation with EU Fundamental Rights and other secondary laws regulating data. The book is unique in setting out to record a period of rapid development and significant challenge for EU law through its examination of these episodes in the life of the Regulation in a single text. Each chapter examines the changes introduced by the GDPR, analyses the effect of the Regulation in practice, and maps what the next 5 years holds for one of the world's most influential data privacy laws. The lineup of the editorial and author team reflects the pioneering role of female academics in data protection and GDPR discourse. In highlighting the controversies and conflicts which the Regulation has faced in its first 5 years, the book illuminates the significance of the GDPR's introduction in advancing our thinking about the function, form, and future of data protection law, and outlines those matters that remain to be resolved as the GDPR moves towards its first decade in force.
The Foundations Of Eu Data Protection Law
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Author : Orla Lynskey
language : en
Publisher: Oxford University Press
Release Date : 2015-11-26
The Foundations Of Eu Data Protection Law written by Orla Lynskey and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-26 with Law categories.
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.
Governing Cross Border Data Flows
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Author : Svetlana Yakovleva
language : en
Publisher: Oxford University Press
Release Date : 2024-02-27
Governing Cross Border Data Flows written by Svetlana Yakovleva and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-27 with Law categories.
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.
Standardizing Personal Data Protection
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Author : Irene Kamara
language : en
Publisher: Oxford University Press
Release Date : 2025-03-16
Standardizing Personal Data Protection written by Irene Kamara and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-16 with Law categories.
Standardizing Personal Data Protection is the first book focusing on the role of technical standards in protecting individuals as regards the processing of their personal data. Through the lenses of legal pluralism and transnational private regulation, the book studies the interaction of standardization as a private semi-autonomous normative ordering, and data protection law. It traces the origins of standardization for EU policy and law, provides an evolutionary account of worldwide standardisation initiatives in the area of data protection, privacy, and information security, and delves into the concept of technical standards, its constitutive characteristics, and legal effects. The book addresses two key aspects. Firstly, it explores how data protection law, such as the General Data Protection Regulation (GDPR), works as a legal basis for technical standards. To identify standardization areas in data protection, the book proposes an analytical framework of standards for legal compliance, for beneficiaries, and meta-rules. Secondly, the book examines how procedural legitimacy issues, such as questions of transparency, representation, and accessibility, frame and limit the suitability of standardization to complement public law, especially law that protects fundamental rights, including the right to protection of personal data. Ultimately, it concludes by providing a comprehensive account of how a private regulation instrument may complement public law in pursuing its goals and where limits and conditions for such a role should be drawn.
Data Protection Law And Emotion
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Author : Damian Clifford
language : en
Publisher: Oxford University Press
Release Date : 2024-04-25
Data Protection Law And Emotion written by Damian Clifford and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-25 with Law categories.
Data protection law is often positioned as a regulatory solution to the risks posed by computational systems. Despite the widespread adoption of data protection laws, however, there are those who remain sceptical as to their capacity to engender change. Much of this criticism focuses on our role as 'data subjects'. It has been demonstrated repeatedly that we lack the capacity to act in our own best interests and, what is more, that our decisions have negative impacts on others. Our decision-making limitations seem to be the inevitable by-product of the technological, social, and economic reality. Data protection law bakes in these limitations by providing frameworks for notions such as consent and subjective control-rights and by relying on those who process our data to do so fairly. Despite these valid concerns, Data Protection Law and Emotion argues that the (in)effectiveness of these laws are often more difficult to discern than the critical literature would suggest, while also emphasising the importance of the conceptual value of subjective control. These points are explored (and indeed, exposed) by investigating data protection law through the lens of the insights provided by law and emotion scholarship and demonstrating the role emotions play in our decision-making. The book uses the development of Emotional Artificial Intelligence, a particularly controversial technology, as a case study to analyse these issues. Original and insightful, Data Protection Law and Emotion offers a unique contribution to a contentious debate that will appeal to students and academics in data protection and privacy, policymakers, practitioners, and regulators.