Transatlantic Jurisdictional Conflicts in Data Protection Law

Transatlantic Jurisdictional Conflicts in Data Protection Law
Author: Mistale Taylor
Publisher: Cambridge University Press
Total Pages: 309
Release: 2023-03-31
Genre: Computers
ISBN: 1108489567

Examines extraterritoriality and transatlantic jurisdictional conflicts in data protection law, focusing on fundamental rights.

Data Protection Beyond Borders

Data Protection Beyond Borders
Author: Federico Fabbrini
Publisher: Bloomsbury Publishing
Total Pages: 260
Release: 2021-02-11
Genre: Law
ISBN: 1509940685

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.

Rethinking Informed Consent in Bioethics

Rethinking Informed Consent in Bioethics
Author: Neil C. Manson
Publisher: Cambridge University Press
Total Pages: 15
Release: 2007-03-29
Genre: Philosophy
ISBN: 1139463209

Informed consent is a central topic in contemporary biomedical ethics. Yet attempts to set defensible and feasible standards for consenting have led to persistent difficulties. In Rethinking Informed Consent in Bioethics, first published in 2007, Neil Manson and Onora O'Neill set debates about informed consent in medicine and research in a fresh light. They show why informed consent cannot be fully specific or fully explicit, and why more specific consent is not always ethically better. They argue that consent needs distinctive communicative transactions, by which other obligations, prohibitions, and rights can be waived or set aside in controlled and specific ways. Their book offers a coherent, wide-ranging and practical account of the role of consent in biomedicine which will be valuable to readers working in a range of areas in bioethics, medicine and law.

Disconnecting Sovereignty

Disconnecting Sovereignty
Author: Mariavittoria Catanzariti
Publisher: Springer Nature
Total Pages: 175
Release:
Genre:
ISBN: 3031607341

Data Privacy Law

Data Privacy Law
Author: Paul M. Schwartz
Publisher: MICHIE
Total Pages: 520
Release: 1996
Genre: Data protection
ISBN:

Studies data privacy law in the USA in the light of the principles of the EC Directive on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data (1995).

Data Privacy and Trust in Cloud Computing

Data Privacy and Trust in Cloud Computing
Author: Theo Lynn
Publisher: Springer Nature
Total Pages: 149
Release: 2020-10-13
Genre: Business & Economics
ISBN: 3030546608

This open access book brings together perspectives from multiple disciplines including psychology, law, IS, and computer science on data privacy and trust in the cloud. Cloud technology has fueled rapid, dramatic technological change, enabling a level of connectivity that has never been seen before in human history. However, this brave new world comes with problems. Several high-profile cases over the last few years have demonstrated cloud computing's uneasy relationship with data security and trust. This volume explores the numerous technological, process and regulatory solutions presented in academic literature as mechanisms for building trust in the cloud, including GDPR in Europe. The massive acceleration of digital adoption resulting from the COVID-19 pandemic is introducing new and significant security and privacy threats and concerns. Against this backdrop, this book provides a timely reference and organising framework for considering how we will assure privacy and build trust in such a hyper-connected digitally dependent world. This book presents a framework for assurance and accountability in the cloud and reviews the literature on trust, data privacy and protection, and ethics in cloud computing.

Jurisdiction in International Law

Jurisdiction in International Law
Author: Cedric Ryngaert
Publisher:
Total Pages: 273
Release: 2015
Genre: Law
ISBN: 0199688516

This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

The EU Charter of Fundamental Rights

The EU Charter of Fundamental Rights
Author: Steve Peers
Publisher: Bloomsbury Publishing
Total Pages: 1938
Release: 2014-12-01
Genre: Law
ISBN: 1849467471

The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.