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Data Protection anno 2014: How to Restore Trust?
Contributions in honour of Peter Hustinx, European Data Protection Supervisor (2004-2014)
We live in an era in which privacy and data protection are daily news items.
This tendency demonstrates that privacy and data protection are taken seriously in wide circles of our society. Most of the time, however, issues relating to privacy and data protection are not newsworthy because these rights have been so well protected. It is the scandals that make the news, the latest example being the NSA affair which has dominated the news for months.
These news stories create a feeling of discomfort and lead to diminishing trust – diminishing trust of citizens in companies they deal with, in their governments, in supranational entities such as the European Union, in the law, and diminishing trust between countries.
This book defines the restoration of this trust in relation to privacy and data protection as the most pressing challenge. It reflects on the state of play in the area of privacy and personal data protection in Europe and the United States at the start of 2014. The authors discuss the issues from different perspectives, such as constitutional values and the role of the judiciary, the role of the legislator and independent control, and transatlantic relations.
This volume collects contributions of a large number of outstanding academic scholars, legal practitioners, regulators and politicians from Europe as well as the United States. All contributions are written in honour of Peter Hustinx, the first European Data Protection Supervisor who will step down in 2014, after ten successful years in office and after a long and impressive career in the area of privacy and data protection.
A recommended read for everyone interested in privacy and data protection and more generally in the complex relations between law and the information society.
| Type of product | Book |
|---|---|
| Format | Paperback |
| EAN / ISSN | 9781780682136 |
| Weight | 505 g |
| Status | Available |
| Number of pages | xii + 292 p. |
| Access to exercice | No |
| Publisher | Intersentia |
| Language | English |
| Publication Date | Jan 20, 2014 |
| Available on Jurisquare | No |
| Available on Strada Belgique | No |
| Available on Strada Europe | No |
| Available on Strada Luxembourg | No |
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- Table of Contents
- Part 1. INTRODUCTION
- 1. Data Protection Anno 2014: How To Restore Trust? An Introduction
Hielke Hijmans, Herke Kranenborg - 2. Averse from Hair-splitting: A Process-based Framework to Balance Privacy and Other Interests
Corien Prins - Part 2. OBSERVATIONS FROM NEARBY
- 3. Privacy: A Refuge for Evil
Ulco Van De Pol - 4. Setting up a New European Authority
Joaquin Bayo Delgado - 5. Data Protection in the Area of Freedom, Security and Justice: Challenges for the Judiciary
Giovanni Buttarelli - Part 3. CONSTITUTIONAL VALUES AND THE ROLE OF THE JUDICIARY
- 6. Privacy in the Dutch Constitution: A Dead Letter?
Luc Verheij - 7. The Distinction between Privacy and Data Protection in the Jurisprudence of the CJEU and the ECtHR
Juliane Kokott, Christoph Sobotta - 8. The European Court of Justice and the Decade of Surveillance
Christopher Docksey - 9. The Defense of Privacy: The U.S. Supreme Court and the Need for Institutional Advocacy
Marc Rotenberg - Part 4. ROLE OF THE LEGISLATOR AND INDEPENDENT CONTROL
- 10. Uniform Protection by the EU – The EU Data Protection Regulation Salvages Informational Self-determination
Jan Philipp Albrecht - 11. Sub-national Data Protection Laws in a EU Framework
Alexander Dix - 12. Accountability – A Modern Approach to Regulating the 21st Century Data Environment
Richard Thomas - 13. Privacy by debate. The European Data Protection Supervisor’s Contribution to Collaboration between National Data Protection Authorities
Jacob Kohnstamm - 14. SWIFT revisited – When do the Directive and the Proposed Regulation Apply?
Lokke Moerel - Part 5. THE TRANSATLANTIC PERSPECTIVE
- 15. A View from the European Parliament on EU-U.S. Relations
Sophie in 't Veld - 16. Bridging the Divide: A Perspective on U.S.-EU Commercial Privacy Issues and Transatlantic Enforcement Cooperation
Julie Brill - 17. Peter Hustinx and Three Clichés about EU-U.S. Data Privacy
Peter Swire - 18. Privacy for a Global Information Society: High Standards, Global Cooperation, Flexibility for the Future
Daniel Weitzner - 19. Foreign Nationals and Data Protection Law: A Transatlantic Analysis
Christopher Kuner - 20. The Transatlantic Perspective: Data Protection and Competition Law
Pamela Jones Harbour - Part 6. THE CONTRIBUTIONS OF THE EUROPEAN DATA PROTECTION SUPERVISOR
- 21. The EDPS as a Unique Stakeholder in the European Data Protection Landscape, Fulfilling the Explicit and Non-explicit Expectations
Paul De Hert, Vagelis Papakonstantinou - 22. Ten Years of Supervision of the EU Institutions and Bodies
Sophie Louveaux - 23. Ten Years of Supervision of the EU Institutions and Bodies: Perspective of a DPO
Laraine Laudati - 24. The Ombudsman and the EDPS: Promoting Transparency, the Protection of Personal Data, and Good Administration
P. Nikiforos Diamandouros - Curriculum Vitae Peter J. Hustinx
- About the Authors