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Reinventing Data Protection?
By Serge Gutwirth (Edited by), Yves Poullet (Edited by), Paul de Hert (Edited by), Sjaak Nouwt (Edited by)

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Format
Paperback, 342 pages
Other Formats Available

Hardback : £177.00

Published
Netherlands, 19 October 2010

data. Furthermore, the European Union established clear basic principles for the collection, storage and use of personal data by governments, businesses and other organizations or individuals in Directive 95/46/EC and Directive 2002/58/EC on Privacy and Electronic communications. Nonetheless, the twenty-?rst century citizen - utilizing the full potential of what ICT-technology has to offer - seems to develop a digital persona that becomes increasingly part of his individual social identity. From this perspective, control over personal information is control over an aspect of the identity one projects in the world. The right to privacy is the freedom from unreasonable constraints on one's own identity. Transactiondata-bothtraf?candlocationdata-deserveourparticularattention. As we make phone calls, send e-mails or SMS messages, data trails are generated within public networks that we use for these communications. While traf?c data are necessary for the provision of communication services, they are also very sensitive data. They can give a complete picture of a person's contacts, habits, interests, act- ities and whereabouts. Location data, especially if very precise, can be used for the provision of services such as route guidance, location of stolen or missing property, tourist information, etc. In case of emergency, they can be helpful in dispatching assistance and rescue teams to the location of a person in distress. However, p- cessing location data in mobile communication networks also creates the possibility of permanent surveillance.


Introduction.

Opening address by the Belgian Minister of Foreign Affairs Karel De Gucht.-

I. Fundamental concepts.

1. European Data Protection's constitutional project. Its problematic recognition in Strasbourg and Luxembourg; Paul De Hert & Serge Gutwirth.

2. The right to informational self-determination and the value of self-development. Reassessing the importance of privacy for democracy; Antoinette Rouvroy & Yves Poullet.

3. Data Protection as Fundamental Right; Stefano Rodotá.

4. Consent in Data Protection Law: Privacy, Fair Processing, and Confidentiality; Roger Brownsword.

5. The Concepts of Identity and Identifiablity: Legal and Technical Deadlocks for Protecting Human Beings in the Information Society?; Jean-Marc Dinant.-

II. The actors.

6. Role of trade associations. Data protection as negotiable issue; Jan Berkvens.

7. The Role of Data Protection Authorities; Peter Hustinx.

8. The role of citizens. What can Dutch, Flemish and English students teach us about privacy?; Ronald Leenes & Isabelle Oomen.-

III. Regulation.

9. Consent, Proportionality and Collective Power; Lee A. Bygrave & Dag Wiese Schartum.

10. Is a Global Data Protection Regulatory Model Possible?; Cécile de Terwangne.

11. Technical Standards as Data Protection Regulation; Jane K. Winn.

12. Privacy Actors, Performances, and the Future of Privacy Protection; Charles Raab and Bert-Jaap Koops.

13. First Pillar and Third Pillar: Need for a common approach on data protection?; Diana Alonso Blas.-

IV. Specific Issues.

14. Who is profiling who? Invisible visibility; Mireille Hildebrandt.

15. Challenges in Privacy Advocacy; Gus Hosein.

16. Developing an Adequate Legal Framework for International Data Transfers; Christopher Kuner.

17. Towards a common European approach to data protection: a critical analysis of data protection perspectives of theCouncil of Europe and the European Union; Sjaak Nouwt.

18. Freedom of Information versus Privacy: Friends or Foes?; Ivan Szekely.

19. Privacy Protection on the Internet: Risk Management and Networked Normativity; Pierre Trudel.

Conclusions: Towards a new generation of data protection legislations?; Herbert Burkert.

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Product Description

data. Furthermore, the European Union established clear basic principles for the collection, storage and use of personal data by governments, businesses and other organizations or individuals in Directive 95/46/EC and Directive 2002/58/EC on Privacy and Electronic communications. Nonetheless, the twenty-?rst century citizen - utilizing the full potential of what ICT-technology has to offer - seems to develop a digital persona that becomes increasingly part of his individual social identity. From this perspective, control over personal information is control over an aspect of the identity one projects in the world. The right to privacy is the freedom from unreasonable constraints on one's own identity. Transactiondata-bothtraf?candlocationdata-deserveourparticularattention. As we make phone calls, send e-mails or SMS messages, data trails are generated within public networks that we use for these communications. While traf?c data are necessary for the provision of communication services, they are also very sensitive data. They can give a complete picture of a person's contacts, habits, interests, act- ities and whereabouts. Location data, especially if very precise, can be used for the provision of services such as route guidance, location of stolen or missing property, tourist information, etc. In case of emergency, they can be helpful in dispatching assistance and rescue teams to the location of a person in distress. However, p- cessing location data in mobile communication networks also creates the possibility of permanent surveillance.


Introduction.

Opening address by the Belgian Minister of Foreign Affairs Karel De Gucht.-

I. Fundamental concepts.

1. European Data Protection's constitutional project. Its problematic recognition in Strasbourg and Luxembourg; Paul De Hert & Serge Gutwirth.

2. The right to informational self-determination and the value of self-development. Reassessing the importance of privacy for democracy; Antoinette Rouvroy & Yves Poullet.

3. Data Protection as Fundamental Right; Stefano Rodotá.

4. Consent in Data Protection Law: Privacy, Fair Processing, and Confidentiality; Roger Brownsword.

5. The Concepts of Identity and Identifiablity: Legal and Technical Deadlocks for Protecting Human Beings in the Information Society?; Jean-Marc Dinant.-

II. The actors.

6. Role of trade associations. Data protection as negotiable issue; Jan Berkvens.

7. The Role of Data Protection Authorities; Peter Hustinx.

8. The role of citizens. What can Dutch, Flemish and English students teach us about privacy?; Ronald Leenes & Isabelle Oomen.-

III. Regulation.

9. Consent, Proportionality and Collective Power; Lee A. Bygrave & Dag Wiese Schartum.

10. Is a Global Data Protection Regulatory Model Possible?; Cécile de Terwangne.

11. Technical Standards as Data Protection Regulation; Jane K. Winn.

12. Privacy Actors, Performances, and the Future of Privacy Protection; Charles Raab and Bert-Jaap Koops.

13. First Pillar and Third Pillar: Need for a common approach on data protection?; Diana Alonso Blas.-

IV. Specific Issues.

14. Who is profiling who? Invisible visibility; Mireille Hildebrandt.

15. Challenges in Privacy Advocacy; Gus Hosein.

16. Developing an Adequate Legal Framework for International Data Transfers; Christopher Kuner.

17. Towards a common European approach to data protection: a critical analysis of data protection perspectives of theCouncil of Europe and the European Union; Sjaak Nouwt.

18. Freedom of Information versus Privacy: Friends or Foes?; Ivan Szekely.

19. Privacy Protection on the Internet: Risk Management and Networked Normativity; Pierre Trudel.

Conclusions: Towards a new generation of data protection legislations?; Herbert Burkert.

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Product Details
EAN
9789048181421
ISBN
9048181429
Publisher
Other Information
XXIX, 342 p.
Dimensions
23.4 x 15.6 x 2 centimeters (0.61 kg)

Table of Contents

Fundamental Concepts.- Data Protection in the Case Law of Strasbourg and Luxemburg: Constitutionalisation in Action.- The Right to Informational Self-Determination and the Value of Self-Development: Reassessing the Importance of Privacy for Democracy.- Data Protection as a Fundamental Right.- Consent in Data Protection Law: Privacy, Fair Processing and Confidentiality.- The Concepts of Identity and Identifiablity: Legal and Technical Deadlocks for Protecting Human Beings in the Information Society?.- The Actors.- Role of Trade Associations: Data Protection as a Negotiable Issue.- The Role of Data Protection Authorities.- The Role of Citizens: What Can Dutch, Flemish and English Students Teach Us About Privacy?.- Regulation.- Consent, Proportionality and Collective Power.- Is a Global Data Protection Regulatory Model Possible?.- Technical Standards as Data Protection Regulation.- Privacy Actors, Performances and the Future of Privacy Protection.- Specific Issues.- First Pillar and Third Pillar: Need for a Common Approach on Data Protection?.- Who is Profiling Who? Invisible Visibility.- Challenges in Privacy Advocacy.- Developing an Adequate Legal Framework for International Data Transfers.- Towards a Common European Approach to Data Protection: A Critical Analysis of Data Protection Perspectives of the Council of Europe and the European Union.- Freedom of Information Versus Privacy: Friends or Foes?.- Privacy Protection on the Internet: Risk Management and Networked Normativity.

Reviews

From the reviews: "Provide a full length assessment of the myriad challenges currently facing the notion of data protection ! . Overall, this volume offers an interesting and balanced account of what has become of the concept of data protection since its inclusion in the 2000 Charter of Fundamental Rights. In engaging with the technological challenges of the networked world as well as the limitations of existing legislations, this collection constitutes a useful companion for legal experts in the field and newcomers ! ." (Btihaj Ajana, Identity in the Information Society, Vol. 2 (3), December, 2009)

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