Data Protection Privacy Regulators And Supervisory Authorities

Data Protection, Privacy Regulators and Supervisory Authorities explores and details the establishment, rules, and powers of data protection regulators and supervisory authorities. It also discusses rights issues (pursuing and defending) as well as the developing area of fines and contestability. Data protection and privacy are arguably the most significant developing areas of law and policy. New regulations span from the GDPR (EU) to the CCPA (California), and other new rules internationally. How the new data protection rules operate on a day-to-day basis is linked to the activities, functions and orders of data protection regulators and supervisory authorities. This brand new title includes coverage of: - The establishment and wider powers of the new data regulators - The new sanctions, orders, penalties and powers to enforce compliance - The new obligations to contact data regulators even before data collections - The detailed GDPR and DPA powers and requirements - Recent fines, penalties and case law including CJEU This book is essential for any entity dealing with the new data protection and privacy issues as no company, organisation nor their internal or external advisors, can ignore these new regulators, nor fully understand the new data protection and privacy compliance landscape without a detailed appreciation of these regulators.

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.

The complexities of implementing the General Data Protection Regulation (GDPR) continue to grow as it progresses through new and ever-changing technologies, business models, codes of conduct, and decisions of the supervisory authorities, and the courts. This eminently practical guide to implementing the GDPR – written in an original, problem-solving style by a highly experienced data protection expert with equal knowledge of both law and technology – provides a step-by-step project management approach to building a GDPR-compliant data protection system, assessing, and documenting the risks and then implementing these changes through processes at the operational level. With detailed attention to case law (Member State, ECJ, and ECHR), especially where affecting high-risk areas that have attracted scrutiny, the guidance proceeds systematically through such topics and issues as the following: required documentation, policies, and procedures; risk assessment tools and analysis frameworks; children’s data; employee and health data; international transfers post-Schrems II; data subject rights including the right of access; data retention and erasure; tracking and surveillance; and effects of technologies such as artificial intelligence, biometrics, and machine learning. With its practical examples derived from the author’s experience in building GDPR-compliant software, as well as its analysis of case law and enforcement priorities, this incomparable guide enables company data protection officers and compliance staff to advise on key issues with full awareness of the legal and reputational risks and how to mitigate them. It is also sure to be of immeasurable value to concerned regulators and policymakers at all government levels. “…it's going to be the go to resource for practitioners.” Tom Gilligan, Data Protection Consultant, September 2021 "I purchased this book recently and I’m very glad I did. It’s the textbook I have been waiting for. As someone relatively new to data protection, I was finding it very difficult to find books on the practical side of data protection. This book is very clearly laid out with practical examples and case law given for each topic, which is immensely helpful. I would recommend it to any data protection practitioners." Jennifer Breslin, LLM CIPP/E, AIPP Member

This book provides expert advice on the practical implementation of the European Union’s General Data Protection Regulation (GDPR) and systematically analyses its various provisions. Examples, tables, a checklist etc. showcase the practical consequences of the new legislation. The handbook examines the GDPR’s scope of application, the organizational and material requirements for data protection, the rights of data subjects, the role of the Supervisory Authorities, enforcement and fines under the GDPR, and national particularities. In addition, it supplies a brief outlook on the legal consequences for seminal data processing areas, such as Cloud Computing, Big Data and the Internet of Things.Adopted in 2016, the General Data Protection Regulation will come into force in May 2018. It provides for numerous new and intensified data protection obligations, as well as a significant increase in fines (up to 20 million euros). As a result, not only companies located within the European Union will have to change their approach to data security; due to the GDPR’s broad, transnational scope of application, it will affect numerous companies worldwide.

Passage of the European Data Protection Directive and other national laws have increased the need for companies and other entities to improve their data protection and privacy controls. Clients, stakeholders, and the public are clamoring for it. Klosek introduces the various legal means to protect personal data in the United States and the European Union, targeting her book at American and international businesses that may have difficulty complying with the European Directive. She explains its main elements and practical effects, presents primary components of national privacy laws abroad and in the United States, and gives advice on some steps companies can take to improve the level of protection they afford to the data they possess. Klosek offers a comprehensive review of the American and European systems for providing protection to personal information in the Internet age. She explains the European Data Protection Directive, the national data protection laws of the fifteen countries of the European Union, and the laws and other initiatives for protecting individual personal data. She endeavors to discuss the protection of personal data in general but focuses on, and emphasizes, the protection of personal data within the context of the Internet. In doing so, she provides much useful, fascinating information on the obvious and non-obvious means of collecting and processing personal data through the Internet. Among its unusual features, the book helps United States corporate decision makers assess the effect data protection laws will have in Europe and the U.S., and how companies that are operating web sites that cross international boundaries can ensure they stay in compliance with data protection laws in countries in which their web sites may be accessible. The book is essential reading for corporate compliance executives, corporate communications and other top-level organizational administrators, particularly in Internet industries.

Besides the Privacy & Data Protection Foundation Courseware - English (ISBN: 9789401803595) publication you are advised to obtain the publication EU GDPR, A pocket guide (ISBN: 978 1 849 2855 5). Privacy & Data Protection Foundation covers the main subjects related to the protection of personal data. Candidates benefit from a certification that is designed to impart all the required knowledge to help ensure compliancy to the General Data Protection Regulation. Within the European Union regulations and standards regarding the protection of data are stringent. The General Data Protection Regulation (GDPR) went into force in May 2016 and organizations have until May 2018 to change their policies and processes to ensure they fully comply. Companies outside Europe will also need to comply when doing business in Europe. One of the solutions to comply in time is to qualify staff. Having certified professionals with the right level of knowledge can help prepare your organization to face these opportunities. The EXIN Privacy & Data Protection program covers the required knowledge of legislation and regulations relating to data protection and how this knowledge should be used to be compliant.

From credit-card purchases to electronic fingerprints, the amount of personal data available to government and business is growing exponentially. All industrial societies face the problem of how to regulate this vast world of information, but their governments have chosen distinctly different solutions. In Protectors of Privacy, Abraham L. Newman details how and why, in contrast to the United States, the nations of the European Union adopted comprehensive data privacy for both the public and the private sectors, enforceable by independent regulatory agencies known as data privacy authorities. Despite U.S. prominence in data technology, Newman shows, the strict privacy rules of the European Union have been adopted far more broadly across the globe than the self-regulatory approach championed by the United States. This rift has led to a series of trade and security disputes between the United States and the European Union. Based on many interviews with politicians, civil servants, and representatives from business and NGOs, and supplemented with archival sources, statistical analysis, and examples, Protectors of Privacy delineates the two principal types of privacy regimes-comprehensive and limited. The book presents a theory of regulatory development that highlights the role of transgovernmental networks not only in implementing rules but also in actively shaping the political process surrounding policymaking. More broadly, Newman explains how Europe's institutional revolution has created in certain sectors the regulatory capacity that allows it to challenge U.S. dominance in international economic governance.

This book provides a snapshot of privacy laws and practices from a varied set of jurisdictions in order to offer guidance on national and international contemporary issues regarding the processing of personal data and serves as an up-to-date resource on the applications and practice-relevant examples of data protection laws in different countries. Privacy violations emerging at an ever-increasing rate, due to evolving technology and new lifestyles linked to an intensified online presence of ever more individuals, required the design of a novel data protection and privacy regulation. The EU General Data Protection Regulation (GDPR) stands as an example of a regulatory response to these demands. The authors included in this book offer an in-depth analysis of the national data protection legislation of various countries across different continents, not only including country-specific details but also comparing the idiosyncratic characteristics of these national privacy laws to the GDPR. Valuable comparative information on data protection regulations around the world is thus provided in one concise volume. Due to the variety of jurisdictions covered and the practical examples focused on, both academics and legal practitioners will find this book especially useful, while for compliance practitioners it can serve as a guide regarding transnational data transfers. Elif Kiesow Cortez is Senior Lecturer at the International and European Law Program at The Hague University of Applied Sciences in The Netherlands.

Following the implementation of the new General Data Protect Regulation on 25 May 2018, organizations should now be fully compliant with their national interpretation of this far-reaching data protection standard. The reality is that most are not; whether through their inappropriate use of online cookies or ineffective physical data security, businesses continue to struggle with the increasing pressure from regulators to apply the Regulation. Non-compliance is widely due to misinterpretation, lack of real-world thinking, and challenges in balancing costs against business practicalities. This book provides insight into how to achieve effective compliance in a realistic, no-nonsense and efficient way. The authors have over 100 years’ collective international experience in security, compliance and business disciplines and know what it takes to keep companies secure and in-line with regulators’ demands. Whether your organization needs to swiftly adopt GDPR standards or apply them in “Business as Usual” this book provides a wide range of recommendations and explicit examples. With the likelihood of high-profile penalties causing major reputational damage, this book explains how to reduce risk, run a remedial project, and take immediate steps towards mitigating gaps. Written in plain English, it provides an invaluable international reference for effective GDPR adoption.

Due to rapid developments in the communication sector, the right to privacy faces new challenges. The increasing digitization and internationalization of communication processes have raised a number of issues, and lead to conflicts wherever national legal systems and moral concepts collide. Particularly in the areas of data protection and liability of online service providers, universal approaches are required. This title presents positions of specialists in Europe, Australia, the US and Canada which contribute to the international dialogue and thereby offer a starting point for a sustainable policy for the protection of privacy rights