Data Protection anno 2014: How to Restore Trust?

Privacy and data protection are taken seriously in wide circles of our society. Usually It is the scandals that make the news, the latest example being the NSA affair. These news stories create a feeling of discomfort and lead to 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.
Author(s):
Hielke Hijmans, Herke Kranenborg
book | published | 1st edition
January 2014 | xii + 292 pp.

Paperback
€75.-


ISBN 9781780682136

Details

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.

Chapters

Table of Contents (p. 0)

Curriculum Vitae Peter J. Hustinx (p. 279)

About the Authors (p. 281)

Part 1. INTRODUCTION

1. Data Protection Anno 2014: How To Restore Trust? An Introduction (p. 1)

2. Averse from Hair-splitting: A Process-based Framework to Balance Privacy and Other Interests (p. 19)

Part 2. OBSERVATIONS FROM NEARBY

3. Privacy: A Refuge for Evil (p. 31)

4. Setting up a New European Authority (p. 45)

5. Data Protection in the Area of Freedom, Security and Justice: Challenges for the Judiciary (p. 49)

Part 3. CONSTITUTIONAL VALUES AND THE ROLE OF THE JUDICIARY

6. Privacy in the Dutch Constitution: A Dead Letter? (p. 67)

7. The Distinction between Privacy and Data Protection in the Jurisprudence of the CJEU and the ECtHR (p. 83)

8. The European Court of Justice and the Decade of Surveillance (p. 97)

9. The Defense of Privacy: The U.S. Supreme Court and the Need for Institutional Advocacy (p. 113)

Part 4. ROLE OF THE LEGISLATOR AND INDEPENDENT CONTROL

10. Uniform Protection by the EU – The EU Data Protection Regulation Salvages Informational Self-determination (p. 117)

11. Sub-national Data Protection Laws in a EU Framework (p. 129)

12. Accountability – A Modern Approach to Regulating the 21st Century Data Environment (p. 135)

13. Privacy by debate. The European Data Protection Supervisor’s Contribution to Collaboration between National Data Protection Authorities (p. 149)

14. SWIFT revisited – When do the Directive and the Proposed Regulation Apply? (p. 159)

Part 5. THE TRANSATLANTIC PERSPECTIVE

15. A View from the European Parliament on EU-U.S. Relations (p. 173)

16. Bridging the Divide: A Perspective on U.S.-EU Commercial Privacy Issues and Transatlantic Enforcement Cooperation (p. 179)

17. Peter Hustinx and Three Clichés about EU-U.S. Data Privacy (p. 191)

18. Privacy for a Global Information Society: High Standards, Global Cooperation, Flexibility for the Future (p. 199)

19. Foreign Nationals and Data Protection Law: A Transatlantic Analysis (p. 213)

20. The Transatlantic Perspective: Data Protection and Competition Law (p. 225)

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 (p. 235)

22. Ten Years of Supervision of the EU Institutions and Bodies (p. 253)

23. Ten Years of Supervision of the EU Institutions and Bodies: Perspective of a DPO (p. 261)

24. The Ombudsman and the EDPS: Promoting Transparency, the Protection of Personal Data, and Good Administration (p. 269)

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