Reinventing Data Protection?

ISBN-13: 9789048181421 / Angielski / Miękka / 2010 / 342 str.

Serge Gutwirth;Yves Poullet;Paul de Hert

Opis

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."

Recenzje

From the reviews:

"Provide a full length assessment of the myriad challenges currently facing the notion of data protection ... . Overall, this volume offers an interesting and balanced account of what has become of the concept of data protection since its inclusion in the 2000 Charter of Fundamental Rights. In engaging with the technological challenges of the networked world as well as the limitations of existing legislations, this collection constitutes a useful companion for legal experts in the field and newcomers ... ." (Btihaj Ajana, Identity in the Information Society, Vol. 2 (3), December, 2009)

Spis treści

Introduction. Opening address by the Belgian Minister of Foreign Affairs Karel De Gucht.- I. Fundamental concepts. 1. European Data Protection’s constitutional project. Its problematic recognition in Strasbourg and Luxembourg; Paul De Hert & Serge Gutwirth. 2. The right to informational self-determination and the value of self-development. Reassessing the importance of privacy for democracy; Antoinette Rouvroy & Yves Poullet. 3. Data Protection as Fundamental Right; Stefano Rodotá. 4. Consent in Data Protection Law: Privacy, Fair Processing, and Confidentiality; Roger Brownsword. 5. The Concepts of Identity and Identifiablity: Legal and Technical Deadlocks for Protecting Human Beings in the Information Society?; Jean-Marc Dinant.- II. The actors. 6. Role of trade associations. Data protection as negotiable issue; Jan Berkvens. 7. The Role of Data Protection Authorities; Peter Hustinx. 8. The role of citizens. What can Dutch, Flemish and English students teach us about privacy?; Ronald Leenes & Isabelle Oomen.- III. Regulation. 9. Consent, Proportionality and Collective Power; Lee A. Bygrave & Dag Wiese Schartum. 10. Is a Global Data Protection Regulatory Model Possible?; Cécile de Terwangne. 11. Technical Standards as Data Protection Regulation; Jane K. Winn. 12. Privacy Actors, Performances, and the Future of Privacy Protection; Charles Raab and Bert-Jaap Koops. 13. First Pillar and Third Pillar: Need for a common approach on data protection?; Diana Alonso Blas.- IV. Specific Issues. 14. Who is profiling who? Invisible visibility; Mireille Hildebrandt. 15. Challenges in Privacy Advocacy; Gus Hosein. 16. Developing an Adequate Legal Framework for International Data Transfers; Christopher Kuner. 17. Towards a common European approach to data protection: a critical analysis of data protection perspectives of theCouncil of Europe and the European Union; Sjaak Nouwt. 18. Freedom of Information versus Privacy: Friends or Foes?; Ivan Szekely. 19. Privacy Protection on the Internet: Risk Management and Networked Normativity; Pierre Trudel. Conclusions: Towards a new generation of data protection legislations?; Herbert Burkert.

Blurb

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.