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Personal Data Privacy and Protection in a Surveillance Era: Technologies and Practices
"This book spans a number of interdependent and emerging topics in the area of legal protection of privacy and technology and explores the new threats that cyberspace poses to the privacy of individuals, as well as the threats that surveillance technologies generate in public spaces and in digital communication"--Provided by publisher.
Shari’ah and Common Law
Harmonisation of law, a term that refers to the bringing together of two different legal traditions, has developed a negative connotation when considered in the context of Shari’ah and common law. Harmonisation began to be looked at as an attempt by one legal system to impose its values on the other. A major reason for that is the lack of understanding of the scope to which these two legal traditions converge. One of the principal findings of this book is that Shari’ah and common law have many more commonalities than differences. As a result, the need for harmonisation between the two might have been exaggerated. The similarities do not need to be harmonised. Rather, they need to be acknowledged and appreciated. If the differences between Shari’ah and common law, which undoubtedly exist as evidenced in this book, are viewed with an appreciation of the commonalities, the ambiance to reconcile the differences would be more conducive to the harmonisation process. This book is intended to help readers better understand Shari’ah and common law and aid harmonisation efforts when the need arises.
Confidentiality, Privacy, and Data Protection in Biomedicine
Featuring contributions from leading scholars of health privacy law, this important volume offers insightful reflection on issues such as confidentiality, privacy, and data protection, as well as analysis in how a range of jurisdictions—including the US, the UK, Europe, South Africa, and Australia—navigate a rapidly developing biomedical environment. While the collection of personal health information offers the potential to drive research and innovation, it also generates complex legal and ethical questions in how this information is used to ensure the rights and interests of individuals and communities are respected. But in many ways laws have struggled to keep pace with technological ...
Data Protection and Privacy, Volume 11
The subjects of Privacy and Data Protection are more relevant than ever, and especially since 25 May 2018, when the European General Data Protection Regulation became enforceable. 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 eleventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2018, held in Brussels in January 2018. The book explores the following topics: biometrics and data protection in criminal justice processing, privacy, discrimination and platforms for men who have sex with men, mitigation through da...
Data Protection and Privacy, Volume 15
This book offers conceptual analyses, highlights issues, proposes solutions, and discusses practices regarding privacy and data protection in transitional times. It is one of the results of the 15th annual International Conference on Computers, Privacy and Data Protection (CPDP), which was held in Brussels in May 2022. We are in a time of transition. Artificial Intelligence is making significant breakthroughs in how humans use data and information, and is changing our lives in virtually all aspects. The pandemic has pushed society to adopt changes in how, when, why, and the media through which, we interact. A new generation of European digital regulations - such as the AI Act, Digital Servic...
Kadi on Trial
The judgment of the European Court of Justice concerning the Kadi case has raised substantive and procedural issues that have caught the attention of scholars from many disciplines including EU law, constitutional law, international law and jurisprudence. This book offers a comprehensive view of the Kadi case, and explores specific issues that are anticipated to resonate beyond the immediate case from which they derive. The first part of the volume sets out an analysis of the new judgment of the Court, favouring a "contextual" reading of what is the latest link in a judicial chain. The following three parts offer interdisciplinary accounts of the decision of the European Court of Justice, in...
International Judicial Lawmaking
Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.
The EU as a Global Digital Actor
This is the first book-length treatment of the advancement of EU global data flows and digital trade through the framework of European institutionalisation. Drawing on case studies of EU-US, EU-Japan and EU-China relations it charts the theoretical and empirical approaches at play. It illustrates how the EU has pioneered high standards in data flows and how it engages in significant digital trade reforms, committed to those standards. The book marks a major shift in how institutionalisation and the EU should be viewed as it relates to two of the more extraordinary areas of global governance: trade and data flows. This significant book will be of interest to EU constitutional lawyers, as well as those researching in the field of IT and data law.
Data Protection and Digital Sovereignty Post-Brexit
One of the promises of Brexit was to allow the UK to regain its legislative sovereignty from the EU. However, after Brexit, UK data protection law must remain in line with EU standards in order not to lose the adequacy status that allows personal data to be transferred from the EU. This circumstance generates tensions between the EU, which is committed to preserving its digital sovereignty by ensuring an adequate protection of personal data even beyond its borders, and the UK's ambition to become a champion of the digital economy by adopting an innovative and pro-business legislation in the digital field. The book analyses the latest legal and policy developments in this context, focusing on...
Privacy and Border Controls in the Fight against Terrorism
This book offers a legal analysis of sharing of passenger data from the EU to the US in light of the EU legal framework protecting individuals’ privacy and personal data. It aims to situate this analysis with respect to the ever-growing policies of Global North countries to introduce pre-screening procedures in border control proceedings for the purpose of the fight against terrorism. By tracing the literature on the (in)securitisation and as such depoliticization of border controls through technology-led interventions, it explores the multiplicity of purposes that passenger data sharing entail and considers the question on the limitability of fundamental rights depending on its purpose.
