Law

Enforcing Privacy

Regulatory, Legal and Technological Approaches

Author: David Wright,Paul De Hert

Publisher: Springer

ISBN: 3319250477

Category: Law

Page: 506

View: 5068

This book is about enforcing privacy and data protection. It demonstrates different approaches – regulatory, legal and technological – to enforcing privacy. If regulators do not enforce laws or regulations or codes or do not have the resources, political support or wherewithal to enforce them, they effectively eviscerate and make meaningless such laws or regulations or codes, no matter how laudable or well-intentioned. In some cases, however, the mere existence of such laws or regulations, combined with a credible threat to invoke them, is sufficient for regulatory purposes. But the threat has to be credible. As some of the authors in this book make clear – it is a theme that runs throughout this book – “carrots” and “soft law” need to be backed up by “sticks” and “hard law”. The authors of this book view privacy enforcement as an activity that goes beyond regulatory enforcement, however. In some sense, enforcing privacy is a task that befalls to all of us. Privacy advocates and members of the public can play an important role in combatting the continuing intrusions upon privacy by governments, intelligence agencies and big companies. Contributors to this book - including regulators, privacy advocates, academics, SMEs, a Member of the European Parliament, lawyers and a technology researcher – share their views in the one and only book on Enforcing Privacy.
Law

Comparative Law and Regulation

Understanding the Global Regulatory Process

Author: Francesca Bignami,David Zaring

Publisher: Edward Elgar Publishing

ISBN: 1782545611

Category: Law

Page: 608

View: 5963

Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations.
Law

Law and the Technologies of the Twenty-First Century

Text and Materials

Author: Roger Brownsword,Morag Goodwin

Publisher: Cambridge University Press

ISBN: 0521186242

Category: Law

Page: 469

View: 4309

A clear and comprehensive introduction for students studying key regulatory challenges posed by technologies in the twenty-first century. Co-authored by a leading scholar in the field with a new scholar to the area, it combines comprehensive knowledge with a fresh perspective. Essential reading for students of law and technology.
Social Science

Surveillance, Privacy and Public Space

Author: Bryce Clayton Newell,Tjerk Timan,Bert-Jaap Koops

Publisher: Routledge

ISBN: 1351780182

Category: Social Science

Page: 250

View: 8821

Today, public space has become a fruitful venue for surveillance of many kinds. Emerging surveillance technologies used by governments, corporations, and even individual members of the public are reshaping the very nature of physical public space. Especially in urban environments, the ability of individuals to remain private or anonymous is being challenged. Surveillance, Privacy, and Public Space problematizes our traditional understanding of ‘public space’. The chapter authors explore intertwined concepts to develop current privacy theory and frame future scholarly debate on the regulation of surveillance in public spaces. This book also explores alternative understandings of the impacts that modern living and technological progress have on the experience of being in public, as well as the very nature of what public space really is. Representing a range of disciplines and methods, this book provides a broad overview of the changing nature of public space and the complex interactions between emerging forms of surveillance and personal privacy in these public spaces. It will appeal to scholars and students in a variety of academic disciplines, including sociology, surveillance studies, urban studies, philosophy, law, communication and media studies, political science, and criminology.
Law

The Oxford Handbook of Corporate Law and Governance

Author: Jeffrey N. Gordon,Wolf-Georg Ringe

Publisher: Oxford University Press

ISBN: 0191061409

Category: Law

Page: 900

View: 6557

Corporate law and corporate governance have been at the forefront of regulatory activities across the world for several decades now, and are subject to increasing public attention following the Global Financial Crisis of 2008. The Oxford Handbook of Corporate Law and Governance provides the global framework necessary to understand the aims and methods of legal research in this field. Written by leading scholars from around the world, the Handbook contains a rich variety of chapters that provide a comparative and functional overview of corporate governance. It opens with the central theoretical approaches and methodologies in corporate law scholarship in Part I, before examining core substantive topics in corporate law, including shareholder rights, takeovers and restructuring, and minority rights in Part II. Part III focuses on new challenges in the field, including conflicts between Western and Asian corporate governance environments, the rise of foreign ownership, and emerging markets. Enforcement issues are covered in Part IV, and Part V takes a broader approach, examining those areas of law and finance that are interwoven with corporate governance, including insolvency, taxation, and securities law as well as financial regulation. The Handbook is a comprehensive, interdisciplinary resource placing corporate law and governance in its wider context, and is essential reading for scholars, practitioners, and policymakers in the field.
Law

Federal Trade Commission Privacy Law and Policy

Author: Chris Jay Hoofnagle

Publisher: Cambridge University Press

ISBN: 1316495493

Category: Law

Page: N.A

View: 7177

The Federal Trade Commission, a US agency created in 1914 to police the problem of 'bigness', has evolved into the most important regulator of information privacy - and thus innovation policy - in the world. Its policies profoundly affect business practices and serve to regulate most of the consumer economy. In short, it now regulates our technological future. Despite its stature, however, the agency is often poorly understood by observers and even those who practice before it. This volume by Chris Jay Hoofnagle - an internationally recognized scholar with more than fifteen years of experience interacting with the FTC - is designed to redress this confusion by explaining how the FTC arrived at its current position of power. It will be essential reading for lawyers, legal academics, political scientists, historians and anyone else interested in understanding the FTC's privacy activities and how they fit in the context of the agency's broader consumer protection mission.
Law

International Governance and Law

State Regulation and Non-state Law

Author: Hanneke Van Schooten,Jonathan Verschuuren

Publisher: Edward Elgar Publishing

ISBN: 1848444028

Category: Law

Page: 256

View: 7957

Around the world, the role of national regulation is often hotly debated. This book takes as its starting point the fact that legislatures and regulators are criticized for overregulation and for producing poor-quality regulation which ignores input from citizens and stifles private initiative. This situation has enhanced the role of non-state law, in forms such as self-regulation and soft law. In this book, international scholars in various fields of law, as well as socio-legal studies, address the question to what extent non-state law currently influences state regulation, and what the consequences of non-state law are likely to be for state regulation. Drawing lessons for the state legislature and state regulators, this innovative book will be of great interest to academic researchers and post graduate students in the fields of law, regulation, legal sociology, legal theory, law and economics, and environmental law. It will also be of interest to policy makers and regulators those working at ministries and government departments drafting legislation.
Law

Privacy on the Ground

Driving Corporate Behavior in the United States and Europe

Author: Kenneth A. Bamberger,Deirdre K. Mulligan

Publisher: MIT Press

ISBN: 0262331357

Category: Law

Page: 352

View: 8806

Barely a week goes by without a new privacy revelation or scandal. Whether by hackers or spy agencies or social networks, violations of our personal information have shaken entire industries, corroded relations among nations, and bred distrust between democratic governments and their citizens. Polls reflect this concern, and show majorities for more, broader, and stricter regulation -- to put more laws "on the books." But there was scant evidence of how well tighter regulation actually worked "on the ground" in changing corporate (or government) behavior -- until now. This intensive five-nation study goes inside corporations to examine how the people charged with protecting privacy actually do their work, and what kinds of regulation effectively shape their behavior. And the research yields a surprising result. The countries with more ambiguous regulation -- Germany and the United States -- had the strongest corporate privacy management practices, despite very different cultural and legal environments. The more rule-bound countries -- like France and Spain -- trended instead toward compliance processes, not embedded privacy practices. At a crucial time, when Big Data and the Internet of Things are snowballing, Privacy on the Ground helpfully searches out the best practices by corporations, provides guidance to policymakers, and offers important lessons for everyone concerned with privacy, now and in the future.
Business & Economics

Risk Governance of Offshore Oil and Gas Operations

Author: Preben Hempel Lindøe,Michael Baram,Ortwin Renn

Publisher: Cambridge University Press

ISBN: 1107025540

Category: Business & Economics

Page: 452

View: 6441

This book evaluates and compares risk regulation and safety management for offshore oil and gas operations in the United States, United Kingdom, Norway, and Australia. It provides an interdisciplinary approach with legal, technological, and sociological perspectives on their efforts to assess and prevent major accidents and improve safety performance offshore. Presented in three parts, the volume begins with a review of the technical, legal, behavioral, and sociological factors involved in designing, implementing, and enforcing a regulatory regime for industrial safety. It then evaluates the four regulatory regimes that encompass the cultural, legal, and other contextual factors that influence their design and implementation, along with their reliance on industrial expertise and standards and the use of performance indicators. The final section presents an assessment of the resilience of the Norwegian regime and its capacity to keep pace with new technologies and emerging risks, respond to near miss incidents, encourage safety culture, incorporate vested rights of labor, and perform inspection and self-audit functions. This book is highly relevant for those in government, business, academia, and elsewhere in civil society who are involved in offshore safety issues, including regulatory authorities and industrial safety professionals.

Gambling Regulation and Vulnerability

Author: Malgorzata Anna Carran

Publisher: Edward Elgar Publishing

ISBN: 1785364707

Category:

Page: 336

View: 4338

Since the UK Gambling Act of 2005 was introduced, gambling has stopped being seen, politically and legally as an inherent vice and is now viewed as a legitimate form of entertainment. Gambling Regulation and Vulnerability explores the laws around gambling that aim to protect society and individuals, examining the differences between regulatory rhetoric and the impact of legislative and regulatory measures. Malgorzata Carran finds that although the Gambling Act introduced many positive changes to gambling regulation, it has created an environment in which protection of vulnerable individuals becomes difficult. Carran challenges the existing legislative premise that regulation alone is able to balance the effect of liberalisation for those who are vulnerable.
Law

Cloud Computing Law

Author: Christopher Millard

Publisher: OUP Oxford

ISBN: 9780199671670

Category: Law

Page: 480

View: 4919

Building on innovative research undertaken by the 'Cloud Legal Project' at Queen Mary, University of London, this work analyses the key legal and regulatory issues relevant to cloud computing under European and English law.
Computers

Privacy Technologies and Policy

Second Annual Privacy Forum, APF 2014, Athens, Greece, May 20-21, 2014, Proceedings

Author: Bart Preneel,Demosthenes Ikonomou

Publisher: Springer

ISBN: 3319067494

Category: Computers

Page: 191

View: 3056

This book constitutes the refereed proceedings of the Second Annual Privacy Forum, APF 2014, held in Athens, Greece, in May 2014. The 12 revised papers presented in this volume were carefully reviewed and selected from 21 submissions. The topics include: the concept and implementation of "privacy by design", with applications to encrypted databases; the study of video surveillance architectures and new networking concepts and innovative solutions for identity management. The papers address the technical, legal, and economic aspects of these problems.

EU Internet Law

SECOND EDITION

Author: Andrej Savin

Publisher: Edward Elgar Publishing

ISBN: 1784717975

Category:

Page: 384

View: 2957

This comprehensive book provides a detailed overview of EU internet regulation in all its key areas, as well as giving a critical evaluation of EU policymaking and governance. This thoroughly revised second edition includes latest developments in the case law of the Court of Justice. It also discusses pending proposals in telecommunications, copyright and privacy laws as well as the new directions in internet regulation resulting from the Commission’s 2015 strategy document.
Business & Economics

Global Survey on Internet Privacy and Freedom of Expression

Author: Toby Mendel,Andrew Puddephatt,Ben Wagner,Dixie Hawtin,Natalia Torres

Publisher: UNESCO

ISBN: 9231042416

Category: Business & Economics

Page: 144

View: 6991

"This publication seeks to identify the relationship between freedom of expression and Internet privacy, assessing where they support or compete with each other in different circumstances. The book maps out the issues in the current regulatory landscape of Internet privacy from the viewpoint of freedom of expression. It provides an overview of legal protection, self-regulatory guidelines, normative challenges, and case studies relating to the topic. With this publication UNESCO aims to provide its Member States and other stakeholders, national and international, with a useful reference tool containing up-to-date and sharp information on emerging issues relevant to both developed and developing countries. Multiple stakeholders, preferably in dialogue, can use it in their own spheres of operation, adapting where appropriate from the range of experiences as recorded in these pages. The publication also supplies additional sources of reference for interested readers to use to further investigate each of the subjects highlighted. The publication explores a range of issues, such as: (1) threats to privacy that have developed through the Internet, (2) international legal standards on privacy and responses to these emerging issues, (3) complex intersections between the rights to privacy and freedom of expression, (4) UNESCO recommendations to states and corporations for better practice, (5) overview of literature, background material and tools on international and national policy and practice on privacy and freedom of expression on the Internet. In the coming years, UNESCO will specifically seek to disseminate information about good practices and international collaboration concerning the points of intersection between freedom of expression and privacy. Research on safeguarding the principle of freedom of expression in Internet policy across a range of issues will continue to be part of UNESCO's normative mandate and technical advice to stakeholders."--Publisher's description

Privacy in Public Space

Conceptual and Regulatory Challenges

Author: Tjerk Timan,Bryce Clayton Newell,Bert-Jaap Koops

Publisher: Edward Elgar Publishing

ISBN: 1786435403

Category:

Page: 320

View: 5879

This book examines privacy in public space from both legal and regulatory perspectives. With on-going technological innovations such as mobile cameras, WiFi tracking, drones and augmented reality, aspects of citizens’ lives are increasingly vulnerable to intrusion. The contributions describe contemporary challenges to achieving privacy and anonymity in physical public space, at a time when legal protection remains limited compared to ‘private’ space. To address this problem, the book clearly shows why privacy in public space needs defending. Different ways of conceptualizing and shaping such protection are explored, for example through ‘privacy bubbles’, obfuscation and surveillance transparency, as well as revising the assumptions underlying current privacy laws.
Law

The Needed Balances in EU Criminal Law

Past, Present and Future

Author: Chloé Brière,Anne Weyembergh

Publisher: Bloomsbury Publishing

ISBN: 1509917020

Category: Law

Page: 472

View: 4795

This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.
Law

Asian Data Privacy Laws

Trade & Human Rights Perspectives

Author: Graham Greenleaf

Publisher: OUP Oxford

ISBN: 0191669156

Category: Law

Page: 512

View: 8735

The first work to examine data privacy laws across Asia, covering all 26 countries and separate jurisdictions, and with in-depth analysis of the 14 which have specialised data privacy laws. Professor Greenleaf demonstrates the increasing world-wide significance of data privacy and the international context of the development of national data privacy laws as well as assessing the laws, their powers and their enforcement against international standards.
Law

Regulating Technologies

Legal Futures, Regulatory Frames and Technological Fixes

Author: Roger Brownsword,Karen Yeung

Publisher: Bloomsbury Publishing

ISBN: 1847314643

Category: Law

Page: 398

View: 5707

While it is a truism that emerging technologies present both opportunities for and challenges to their host communities, the legal community has only recently begun to consider their significance. On the one hand, emerging information, bio, nano, and neurotechnologies challenge policy-makers who aspire to put in place a regulatory environment that is legitimate, effective, and sustainable; on the other hand, these same technologies offer new opportunities as potentially powerful regulatory instruments. In this unique volume, a team of leading international scholars address many of the key difficulties surrounding the regulation of emerging technological targets as well as the implications of adopting technology as a regulatory tool. How should we rise to the challenge of regulating technologies? How are the regulatory lines to be drawn in the right places and how is the public to be properly engaged? How is precaution to be accommodated, and how can the law keep pace with technologies that develop ahead of the regulatory environment? How readily should we avail ourselves of the opportunity to use technology as a regulative strategy? How are we to understand these strategies and the challenges which they raise? To what extent do they give rise to similar policy problems accompanying more 'traditional' regulatory instruments or generate distinctive challenges? While the criminal justice system increasingly relies on technological assistance and the development of a 'surveillance society', is a regulatory regime that rules by technology compatible with rule of law values?

Labour Regulation and Development

Author: Shelley Marshall,Colin Fenwick

Publisher: Edward Elgar Publishing

ISBN: 1785364901

Category:

Page: 352

View: 4944

This book is an exploration of arguments about the economic and social effects of the regulation of labour, and whether it is likely to be helpful or harmful to development. Authored by contributors from a variety of fields, primarily legal as well as development studies, economics and regulatory studies, the book presents both empirical and theoretical analyses of the issues. With authors from several continents, this collection is unique in that it focuses on labour regulation in poor and middle-income countries rather than industrialised ones, therefore making it a significant contribution to the field.