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European Data Protection: In Good Health?

by Gutwirth, Serge.
Authors: Leenes, Ronald.%editor. | De Hert, Paul.%editor. | Poullet, Yves.%editor. | SpringerLink (Online service) Physical details: XVIII, 363p. 20 illus., 10 illus. in color. online resource. ISBN: 9400729030 Subject(s): Law. | Philosophy of law. | Technology %Philosophy. | Computers %Law and legislation. | Law. | Public International Law. | Legal Aspects of Computing. | Philosophy of Law. | Philosophy of Technology.
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Preface: Serge Gutwirth, Ronald Leenes, Paul De Hert & Yves Poullet -- Chapter 1: Surveillance, profiling and prediction -- 1. We are all connected to Facebook: Arnold Roosendaal -- 2. Behavioural tracking on the Internet: Claude Castelluccia -- 3. Privacy for loan applicants versus predictive ower for Loan Providers: is it possible to bridge the gap?: Charlene Jennett, Miguel Malheiros, Sacha Brostoff and M. Angela Sasse -- 4. Cookie wars: how new data profiling and targeting techniques threaten citizens and consumers in the “Big Data” era: Jeffrey Chester -- 5. Examining governmental data mining and its alternatives – A methodology for policy responses: Tal Zarsky -- 6. Managing suspicion and privacy in police information systems: Vlad Niculescu-Dinca -- Chapter 2: Regulation, enforcement and security: 7. The set up of data protection authorities as a new regulatory approach.: Philip Schuetz -- 8. Information sharing in the Area of Freedom, Security and Justice: Franziska Boehm -- 9. The Adequacy of an EU-US Partnership: Els De Busser -- 10. Law Enforcement in the Clouds: is the Data Protection Legal Framework up to the task?: Maria Grazia Porcedda -- 11. Privacy self-regulation through awareness? A critical investigation into the market structure of the security field.: Carla Ilten, Daniel Guagnin and Leon Hempel -- Chapter 3 Concepts and prospection: 12. Privacy penetration testing— how to establish trust in your cloud provider: Christian W. Probst, M. Angela Sasse, Wolter Pieters, Trajce Dimkov, Erik Luysterborg and Michel Arnaud 18 -- 13. Review of the Data Protection Directive: is there need (and room) for a new concept of personal data?: Mario Viola De Azevedo Cunha -- 14. Towards a European eID regulatory framework. Challenges in constructing a legal framework for the protection and management of electronic identities: Norberto Nuno Gomes De Andrade -- 15. From the protection of data to the protection of individuals : extending the application of non discrimination principles: Daniel Le Métayer and Julien Le Clainche -- 16. On the principle of privacy by design and its limits: technology, ethics and the rule of law: Ugo Pagallo -- 17. The right to forget, the right to be forgotten. Personal reflections on the fate of personal data in the information society: Ivan Szekely.

Although Europe has a significant legal data protection framework, built up around EU Directive 95/46/EC and the Charter of Fundamental Rights, the question of whether data protection and its legal framework are ‘in good health’ is increasingly being posed. Advanced technologies raise fundamental issues regarding key concepts of data protection. Falling storage prices, increasing chips performance, the fact that technology is becoming increasingly embedded and ubiquitous, the convergence of technologies and other technological developments are broadening the scope and possibilities of applications rapidly. Society however, is also changing, affecting the privacy and data protection landscape. The ‘demand’ for free services, security, convenience, governance, etc, changes the mindsets of all the stakeholders involved. Privacy is being proclaimed dead or at least worthy of dying by the captains of industry; governments and policy makers are having to manoeuvre between competing and incompatible aims; and citizens and customers are considered to be indifferent.  In the year in which the plans for the revision of the Data Protection Directive will be revealed, the current volume brings together a number of chapters highlighting issues, describing and discussing practices, and offering conceptual analysis of core concepts within the domain of privacy and data protection. The book’s first part focuses on surveillance, profiling and prediction; the second on regulation, enforcement, and security; and the third on some of the fundamental concepts in the area of privacy and data protection. Reading the various chapters it appears that the ‘patient’ needs to be cured of quite some weak spots, illnesses and malformations. European data protection is at a turning point and the new challenges are not only accentuating the existing flaws and the anticipated difficulties, but also, more positively, the merits and the need for strong and accurate data protection practices and rules in Europe, and elsewhere.

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