Reinventing data protection?

This book is about data protection, privacy and liberty and the way these fundamental values of our societies are protected and enforced, particularly in their interaction with the ever developing capacities and possibilities of information and communication technologies. The authors are all closely involved in data protection and privacy. They represent the stakeholders in the debate: practitioners, civil liberties advocates, civil servants, data protection commissioners and academics. Their contributions evaluate current European data protection law against the background of the introduction of increasingly powerful, miniaturized, ubiquitous and autonomic forms of computing. The book assesses data protection and privacy law by analyzing the actual problems (trans-border data flows, proportionality of the processing, and sensitive data) and identifying lacunae and bottlenecks, while at the same time looking at prospects for the future (web 2.0., RFID, profiling) and suggesting paths for a rethinking and reinvention of the fundamental principles and concepts. >From this perspective the recent constitutional acknowledgment of data protection as a fundamental right has a transformative power and should create the opportunity for a dynamic, participative, inductive and democratic process of ‘networked’ re-invention of data protection. The present book aims to make a contribution by seizing on this opportunity. INDICE: Introduction. Opening address by the Belgian Minister of Foreign Affairs Karel De Gucht.- I. Fundamental concepts. 1. European Data Protection’sconstitutional project. Its problematic recognition in Strasbourg and Luxembourg. 2. The right to informational self-determination and the value of self-development. Reassessing the importance of privacy for democracy. 3. Data Protection as Fundamental Right. 4. Consent in Data Protection Law: Privacy, Fair Processing, and Confidentiality. 5. The Concepts of Identity and Identifiablity:Legal and Technical Deadlocks for Protecting Human Beings in the Information Society.- II. The actors. 6. Role of trade associations. Data protection as negotiable issue. 7. The Role of Data Protection Authorities. 8. The role of citizens. What can Dutch, Flemish and English students teach us about privacy?- III. Regulation. 9. Consent, Proportionality and Collective Power. 10. Is a Global Data Protection Regulatory Model Possible?. 11. Technical Standards as Data Protection Regulation. 12. Privacy Actors, Performances, and the Future of Privacy Protection. 13. First Pillar and Third Pillar: Need for a common approach on data protection?- IV. Specific Issues. 14. Who is profiling who? Invisible visibility. 15. Challenges in Privacy Advocacy. 16. Developing an Adequate Legal Framework for International Data Transfers. 17. Towards a common European approach to data protection: a critical analysis of data protection perspectives of the Council of Europe and the European Union. 18. Freedom of Information versus Privacy: Friends or Foes?- 19. Privacy Protection on the Internet: Risk Management and Networked Normativity. Conclusions: Towards a new generation of data protection legislations?

• ISBN: 978-1-4020-9497-2
• Editorial: Springer
• Encuadernacion: Cartoné
• Páginas: 342
• Fecha Publicación: 02/06/2009
• Nº Volúmenes: 1
• Idioma: Inglés