Details

Reinventing Data Protection?

von: Serge Gutwirth, Yves Poullet, Paul de Hert, Cécile de Terwangne, Sjaak Nouwt
213,99 €
Verlag:	Springer
Format:	PDF
Veröffentl.:	24.05.2009
ISBN/EAN:	9781402094989
Sprache:	englisch
Anzahl Seiten:	342

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Beschreibungen

Titelbeschreibung

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.

Inhaltsverzeichnis

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.

Back cover copy

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.

Sonderbeitrag

Identifies and addresses new challenges for data protection Addresses recommendations to private and public policy makers in the context of the EU Data Protection Directive Brings together a high number of leading experts in the field of data protection from both sides of the Atlantic Opens new paths for conceptualizing and further constructing data protection, both in terms of its fundamental values and in the area of problems it encounters Provides a unique look at privacy and liberty and the way these fundamental values are protected and enforced in their interaction with the developing capacities of information and communication technologies