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Data Protection and Privacy, Volume 16: Ideas That Drive Our Digital World (Computers, Privacy and Data Protection)
This book explores the complexity and depths of our digital world by providing a selection of analyses and discussions from the 16th annual international conference on Computers, Privacy and Data Protection (CPDP): Ideas that Drive Our Digital World. The first half of the book focuses on issues related to the GDPR and data. These chapters provide a critical analysis of the 5-year history of the complex GDPR enforcement system, covering: codes of conduct as a potential co-regulation instrument for the market; an interdisciplinary approach to privacy assessment on synthetic data; the ethical implications of secondary use of publicly available personal data; and automating technologies and GDPR compliance.The second half of the book shifts focus to novel issues and ideas that drive our digital world. The chapters offer analyses on social and environmental sustainability of smart cities; reconstructing states as information platforms; stakeholder identification using the example of video-based Active and Assisted Living (AAL); and a human-centred approach to dark patterns.This interdisciplinary book takes readers on an intellectual journey into a wide range of issues and cutting-edge ideas to tackle our ever-evolving digital landscape.
Data Protection Around the World: Privacy Laws in Action (Information Technology and Law Series #33)
by Elif Kiesow CortezThis 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.
Data Protection as a Corporate Social Responsibility
by Paolo Balboni Kate FrancisThis progressive book critically analyses the current state of data protection enforcement and proposes a new auditable framework of practical guidelines to contribute to a more sustainable data-driven future.In outlining the debates relating to current data protection structures, Paolo Balboni and Kate Elizabeth Francis argue that legislation alone cannot sufficiently protect individuals’ fundamental rights and freedoms, and instead consider the pressing need for a more ethical approach to data protection. They present the Maastricht University Data Protection as a Corporate Social Responsibility Framework (UM-DPCSR Framework), outlining not only its features, but also how it can fill the gap left by the inadequacies of a merely legal approach to data protection. Balboni and Francis persuasively call on organisations wishing to contribute positively to society through data processing to adopt this framework and to commit to doing good with data or, at the very least, to avoid harming individuals by processing their data.Data Protection as a Corporate Social Responsibility will be a beneficial read for scholars and students with particular interest in corporate law and governance, human rights, internet and technology law, and privacy. It will also appeal to legal professionals, cybersecurity professionals, and sustainability specialists alike.
Data Protection Beyond Borders: Transatlantic Perspectives on Extraterritoriality and Sovereignty
by Federico Fabbrini, Edoardo Celeste and John QuinnThis timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data.By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law.The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing.All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.
Data Protection Beyond Borders: Transatlantic Perspectives on Extraterritoriality and Sovereignty
This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data.By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law.The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing.All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.
Data Protection Implementation Guide: A Legal, Risk and Technology Framework for the GDPR
by Brendan QuinnThe complexities of implementing the General Data Protection Regulation (GDPR) continue to grow as it progresses through new and ever-changing technologies, business models, codes of conduct, and decisions of the supervisory authorities, and the courts. This eminently practical guide to implementing the GDPR – written in an original, problem-solving style by a highly experienced data protection expert with equal knowledge of both law and technology – provides a step-by-step project management approach to building a GDPR-compliant data protection system, assessing, and documenting the risks and then implementing these changes through processes at the operational level. With detailed attention to case law (Member State, ECJ, and ECHR), especially where affecting high-risk areas that have attracted scrutiny, the guidance proceeds systematically through such topics and issues as the following: required documentation, policies, and procedures; risk assessment tools and analysis frameworks; children’s data; employee and health data; international transfers post-Schrems II; data subject rights including the right of access; data retention and erasure; tracking and surveillance; and effects of technologies such as artificial intelligence, biometrics, and machine learning. With its practical examples derived from the author’s experience in building GDPR-compliant software, as well as its analysis of case law and enforcement priorities, this incomparable guide enables company data protection officers and compliance staff to advise on key issues with full awareness of the legal and reputational risks and how to mitigate them. It is also sure to be of immeasurable value to concerned regulators and policymakers at all government levels. Disclaimer: This title is in pre-production and any names, credits or associations are subject to change. The current table of contents and subject matter is for pre-release sample purposes only.
Data Protection in a Profiled World
by Serge Gutwirth Yves Poullet Paul De HertOne of the most challenging issues facing our current information society is the accelerating accumulation of data trails in transactional and communication systems, which may be used not only to profile the behaviour of individuals for commercial, marketing and law enforcement purposes, but also to locate and follow things and actions. Data mining, convergence, interoperability, ever- increasing computer capacities and the extreme miniaturisation of the hardware are all elements which contribute to a major contemporary challenge: the profiled world. This interdisciplinary volume offers twenty contributions that delve deeper into some of the complex but urgent questions that this profiled world addresses to data protection and privacy. The chapters of this volume were all presented at the second Conference on Privacy and Data Protection (CPDP2009) held in Brussels in January 2009 (www.cpdpconferences.org). The yearly CPDP conferences aim to become Europe’s most important meeting where academics, practitioners, policy-makers and activists come together to exchange ideas and discuss emerging issues in information technology, privacy and data protection and law. This volume reflects the richness of the conference, containing chapters by leading lawyers, policymakers, computer, technology assessment and social scientists. The chapters cover generic themes such as the evolution of a new generation of data protection laws and the constitutionalisation of data protection and more specific issues like security breaches, unsolicited adjustments, social networks, surveillance and electronic voting. This book not only offers a very close and timely look on the state of data protection and privacy in our profiled world, but it also explores and invents ways to make sure this world remains a world we want to live in.
Data Protection in the Internet (Ius Comparatum - Global Studies in Comparative Law #38)
by Dário Moura Vicente Sofia de Vasconcelos CasimiroThis 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 Law: A Comparative Analysis of Asia-Pacific and European Approaches
by Robert Walters Leon Trakman Bruno ZellerThis book provides a comparison and practical guide for academics, students, and the business community of the current data protection laws in selected Asia Pacific countries (Australia, India, Indonesia, Japan Malaysia, Singapore, Thailand) and the European Union.The book shows how over the past three decades the range of economic, political, and social activities that have moved to the internet has increased significantly. This technological transformation has resulted in the collection of personal data, its use and storage across international boundaries at a rate that governments have been unable to keep pace. The book highlights challenges and potential solutions related to data protection issues arising from cross-border problems in which personal data is being considered as intellectual property, within transnational contracts and in anti-trust law. The book also discusses the emerging challenges in protecting personal data and promoting cyber security. The book provides a deeper understanding of the legal risks and frameworks associated with data protection law for local, regional and global academics, students, businesses, industries, legal profession and individuals.
Data Protection Law and Emotion (Oxford Data Protection & Privacy Law)
by Damian CliffordData 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.
Data Protection Law and Emotion (Oxford Data Protection & Privacy Law)
by Damian CliffordData 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.
Data Protection, Migration and Border Control: The GDPR, the Law Enforcement Directive and Beyond (Hart Studies in European Criminal Law)
by Teresa QuintelThis book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.
Data Protection, Migration and Border Control: The GDPR, the Law Enforcement Directive and Beyond (Hart Studies in European Criminal Law)
by Teresa QuintelThis book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.
Data Protection on the Move: Current Developments in ICT and Privacy/Data Protection (Law, Governance and Technology Series #24)
by Serge Gutwirth Ronald Leenes Paul HertThis 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.
Data Protection, Privacy Regulators and Supervisory Authorities
by Paul LambertData Protection, Privacy Regulators and Supervisory Authorities explores and details the establishment, rules, and powers of data protection regulators and supervisory authorities. It also discusses rights issues (pursuing and defending) as well as the developing area of fines and contestability.Data protection and privacy are arguably the most significant developing areas of law and policy. New regulations span from the GDPR (EU) to the CCPA (California), and other new rules internationally. How the new data protection rules operate on a day-to-day basis is linked to the activities, functions and orders of data protection regulators and supervisory authorities. This brand new title includes coverage of:- The establishment and wider powers of the new data regulators - The new sanctions, orders, penalties and powers to enforce compliance - The new obligations to contact data regulators even before data collections - The detailed GDPR and DPA powers and requirements - Recent fines, penalties and case law including CJEUThis book is essential for any entity dealing with the new data protection and privacy issues as no company, organisation nor their internal or external advisors, can ignore these new regulators, nor fully understand the new data protection and privacy compliance landscape without a detailed appreciation of these regulators.
Data Protection without Data Protectionism: The Right to Protection of Personal Data and Data Transfers in EU Law and International Trade Law (European Yearbook of International Economic Law #28)
by Tobias NaefThis open access book offers a new account on the legal conflict between privacy and trade in the digital sphere. It develops a fundamental rights theory with a new right to continuous protection of personal data and explores the room for the application of this new right in trade law. Replicable legal analysis and practical solutions show the way to deal with cross-border data flows without violating fundamental rights and trade law principles. The interplay of privacy and trade became a topic of worldwide attention in the wake of Edward Snowden’s revelations concerning US mass surveillance. Based on claims brought forward by the activist Maximilian Schrems, the ECJ passed down two high-profile rulings restricting EU-US data flows. Personal data is relevant for a wide range of services that are supplied across borders and restrictions on data flows therefore have an impact on the trade with such services. After the two rulings by the ECJ, it is less clear then ever how privacy protection and trade can be brought together on an international scale. Although it was widely understood that the legal dispute over EU-US data flows concerns the broad application of EU data protection law, it has never been fully explored just how far the EU’s requirements for the protection of digital rights go and what this means beyond EU-US data flows. This book shows how the international effects of EU data protection law are rooted in the EU Charter of Fundamental Rights and that the architecture of EU law demands that the Charter as primary EU law takes precedence over international law. The book sets out to solve the problem of how the EU legal data transfer regime must be designed to implement the EU’s extraterritorial fundamental rights requirements without violating the principles of the WTO’s law on services. It also addresses current developments in international trade law – the conclusion of comprehensive trade agreements – and offers suggestion for the design of data flow clauses that accommodate privacy and trade.
Data Security Breaches and Privacy in Europe (SpringerBriefs in Cybersecurity)
by Rebecca WongData Security Breaches and Privacy in Europe aims to consider data protection and cybersecurity issues; more specifically, it aims to provide a fruitful discussion on data security breaches. A detailed analysis of the European Data Protection framework will be examined. In particular, the Data Protection Directive 95/45/EC, the Directive on Privacy and Electronic Communications and the proposed changes under the Data Protection Regulation (data breach notifications) and its implications are considered. This is followed by an examination of the Directive on Attacks against information systems and a discussion of the proposed Cybersecurity Directive, considering its shortcomings and its effects. The author concludes by looking at whether a balance can be drawn by the current and proposed Data Protection framework to protect against data security breaches and considers what more needs to be achieved.
Data Sleuth: Using Data in Forensic Accounting Engagements and Fraud Investigations (Wiley Corporate F&A)
by Leah WietholterStraightforward, practical guidance for working fraud examiners and forensic accountants In Data Sleuth: Using Data in Forensic Accounting Engagements and Fraud Investigations, certified fraud examiner, former FBI support employee, private investigator, and certified public accountant Leah Wietholter delivers a step-by-step guide to financial investigation that can be applied to almost any forensic accounting use-case. The book emphasizes the use of best evidence as you work through problem-solving data analysis techniques that address the common challenge of imperfect and incomplete information. The accomplished author bridges the gap between modern fraud investigation theory and practical applications and processes necessary for working practitioners. She also provides: Access to a complimentary website with supplementary resources, including a Fraud Detection Worksheet and case planning template Strategies for systematically applying the Data Sleuth® framework to streamline and grow your practice Methods and techniques to improve the quality of your work productData Sleuth is an indispensable, hands-on resource for practicing and aspiring fraud examiners and investigators, accountants, and auditors. It’s a one-of-a-kind book that puts a practical blueprint to effective financial investigation in the palm of your hand.
Data Sleuth: Using Data in Forensic Accounting Engagements and Fraud Investigations (Wiley Corporate F&A)
by Leah WietholterStraightforward, practical guidance for working fraud examiners and forensic accountants In Data Sleuth: Using Data in Forensic Accounting Engagements and Fraud Investigations, certified fraud examiner, former FBI support employee, private investigator, and certified public accountant Leah Wietholter delivers a step-by-step guide to financial investigation that can be applied to almost any forensic accounting use-case. The book emphasizes the use of best evidence as you work through problem-solving data analysis techniques that address the common challenge of imperfect and incomplete information. The accomplished author bridges the gap between modern fraud investigation theory and practical applications and processes necessary for working practitioners. She also provides: Access to a complimentary website with supplementary resources, including a Fraud Detection Worksheet and case planning template Strategies for systematically applying the Data Sleuth® framework to streamline and grow your practice Methods and techniques to improve the quality of your work productData Sleuth is an indispensable, hands-on resource for practicing and aspiring fraud examiners and investigators, accountants, and auditors. It’s a one-of-a-kind book that puts a practical blueprint to effective financial investigation in the palm of your hand.
Data Sovereignty: From the Digital Silk Road to the Return of the State
by Anupam Chander and Haochen SunWho, if anyone, should regulate the internet? Governments around the world have answered this question robustly: they will. Data sovereignty-the exercise of control over the internet-is the ambition of world leaders as a natural extension of traditional sovereignty and as a bulwark against the reach of foreign power. The question posed to governments now is not who should regulate the internet, but how should it be done. Data Sovereignty: From the Digital Silk Road to the Return of the State focuses on the question of territorial control over data flows and attempts by national and regional governments to place limits on the free movement of data across a global internet. Drawing on theories in political economy, international law, human rights, and data protection, this volume offers new theoretical perspectives and thought-provoking ideas about the nature and scope of data sovereignty. It examines the extent to which new technologies, such as artificial intelligence, robotics, and automation, pose challenges to data sovereignty and how those challenges might be addressed. In chapters that are both descriptively comprehensive and analytically rich, the book explains the national, regional, and international legal frameworks for regulating the digital economy. Professors Anupam Chander and Haochen Sun have assembled a distinguished team of experts across multiple fields to address the promise and pitfalls of data sovereignty in the context of trade liberalization, data localization, and human rights protection. In a world that is still grappling with the scope of the internet, Data Sovereignty offers a timely and thorough investigation of the ongoing conflict between the state and the internet. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
Data Sovereignty: From the Digital Silk Road to the Return of the State
Who, if anyone, should regulate the internet? Governments around the world have answered this question robustly: they will. Data sovereignty-the exercise of control over the internet-is the ambition of world leaders as a natural extension of traditional sovereignty and as a bulwark against the reach of foreign power. The question posed to governments now is not who should regulate the internet, but how should it be done. Data Sovereignty: From the Digital Silk Road to the Return of the State focuses on the question of territorial control over data flows and attempts by national and regional governments to place limits on the free movement of data across a global internet. Drawing on theories in political economy, international law, human rights, and data protection, this volume offers new theoretical perspectives and thought-provoking ideas about the nature and scope of data sovereignty. It examines the extent to which new technologies, such as artificial intelligence, robotics, and automation, pose challenges to data sovereignty and how those challenges might be addressed. In chapters that are both descriptively comprehensive and analytically rich, the book explains the national, regional, and international legal frameworks for regulating the digital economy. Professors Anupam Chander and Haochen Sun have assembled a distinguished team of experts across multiple fields to address the promise and pitfalls of data sovereignty in the context of trade liberalization, data localization, and human rights protection. In a world that is still grappling with the scope of the internet, Data Sovereignty offers a timely and thorough investigation of the ongoing conflict between the state and the internet. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
Database Law: Perspectives from India
by Anirban MazumderThis book focuses on database law (a branch of intellectual property law) and further explores the legal protection currently available for data and data-related products in India. It offers a comparative study of the position of copyright law in protecting databases in the US and EU, while also presenting responses from the Indian database industry and its aspirations regarding the role of copyright law in database protection. India is undoubtedly leading the way as a knowledge economy. Its strengths are its information technology capability and its knowledge society, as well as its booming database industry – aspects that also necessitate the study of the role of law, as well as the protection of data and databases, in India. This book examines the growing importance of copyright law for protecting databases as well as for ensuring access in information societies. The book concludes with a discussion of key principles to be kept in mind in the context of drafting legal regimes for databases in India that will both benefit the database industry and ensure accessibility.
Datafizierung und Big Data: Ethische, anthropologische und wissenschaftstheoretische Perspektiven (Anthropologie – Technikphilosophie – Gesellschaft)
by Klaus Wiegerling Michael Nerurkar Christian WadephulDer Band versammelt Beiträge, die sich mit ethischen, anthropologischen und wissenschaftstheoretischen Aspekten informationstechnologischer Anwendungen, insbesondere Big Data, befassen. In unterschiedlichen disziplinären Perspektiven werden die Auswirkungen dieser Technologien auf Individuum, Gesellschaft und Wissenschaft in den Blick genommen.
Daten- und Identitätsschutz in Cloud Computing, E-Government und E-Commerce
by Georg Borges and Jörg SchwenkFür neue und künftige Geschäftsfelder von E-Commerce und E-Government stellen der Datenschutz und der Identitätsschutz wichtige Herausforderungen dar. Renommierte Autoren aus Wissenschaft und Praxis widmen sich in dem Band aktuellen Problemen des Daten- und Identitätsschutzes aus rechtlicher und technischer Perspektive. Sie analysieren aktuelle Problemfälle aus der Praxis und bieten Handlungsempfehlungen an. Das Werk richtet sich an Juristen und technisch Verantwortliche in Behörden und Unternehmen sowie an Rechtsanwälte und Wissenschaftler.
Datenschuldrecht: Die Einwilligung als Instrument der kommerziellen (Bild-)Datenverarbeitung (Juridicum – Schriften zum Medien-, Informations- und Datenrecht)
by Dennis JennessenAls Instrument der kommerziellen Bilddatenverarbeitung ist die Einwilligung längst anerkannt. Seit Jahrzehnten ist es ständige Rechtsprechung, dass ein Betroffener einen sog. Model-Release-Vertrag mit einem Presseunternehmen abschließen kann, durch den das Presseunternehmen berechtigt wird, das Bildnis des Betroffenen abzudrucken und der Betroffene in der Regel ein Entgelt hierfür erhält. Als Instrument der kommerziellen Datenverarbeitung allgemein ist die Einwilligung hingegen höchst umstritten. Paradigmatisch dafür ist, dass in der Richtlinie über digitale Inhalte zunächst niedergelegt werden sollte, dass Verträge auch gegen Hingabe von personenbezogenen Daten anstelle eines Preises geschlossen werden können. Diese Formulierung ist in der letztendlichen Fassung der Digitale-Inhalte-Richtlinie aber nicht mehr vorhanden. Die Digitale-Inhalte-Richtlinie erlaubt in ihrer endgültigen Fassung einzig eine Anwendbarkeit auf Verträge, die Daten als Gegenleistung ansehen, überlässt die Frage, ob und unter welchen Voraussetzungen derartige Verträge geschlossen werden können aber den nationalen Rechtsordnungen. Um diesen Gestaltungsspielraum auszufüllen, entwickelt die Arbeit ausgehend von der ständigen Rechtspraxis bei der kunsturheberrechtlichen Einwilligung und unter Berücksichtigung der Vorgaben des europäischen Datenschutzrechts praxisorientierte Ergebnisse für die datenschutzrechtliche Einwilligung, die als Gegenleistung in einem Vertrag fungiert.