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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Enforcing Privacy: Regulatory, Legal and Technological Approaches

Edited by: David Wright, Paul De Hert

ISBN13: 9783319250458
Published: May 2016
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £129.99

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

Data Protection
About the authors
1. Introduction to Enforcing Privacy
David Wright and Paul De Hert
2. Enforcing privacy
David Wright
3. Failures of privacy self-regulation in the United States
Robert Gellman and Pam Dixon
4. From a model pupil to a problematic grown-up: Enforcing privacy and data protection in Hungary
Ivan Szekely
5. A tale of two privacies: Enforcing privacy with hard power and soft power in Japan
Hiroshi Miyashita
6. The Spanish experience of enforcing privacy norms: two decades of evolution from sticks to carrots
Artemio Rallo Lombarte
7. Data protection and enforcement in Latin America and in Uruguay
Ana Brian Nougreres
International mechanisms.-8 The International Working Group on Data Protection in Telecommunications - contributions to transnational privacy enforcement
Alexander Dix
9. Enforcing privacy across different jurisdictions
Dan Svantesson
10. Cross-border breach notification
Blair Stewart
11. Responsive regulation of data privacy: theory and Asian examples
Graham Greenleaf
12. Enforcement and reform of the EU-US Safe Harbor Agreement Instruments
Chris Connolly and Peter van Dijk
13. How effective are fines in enforcing privacy?
Hazel Grant and Hannah Crowther
14. Enforcing privacy rights: Class action litigation and the challenge of cy pres
Marc Rotenberg and David Jacobs
15. Data protection certification: Decorative or effective instrument? Audit and seals as a way to enforce privacy
Kirsten Bock
16. The co-existence of administrative and criminal law approaches to data protection wrongs
Paul De Hert and Gertjan Boulet
17. Whom to trust? Using technology to enforce privacy Challenges for the future
Daniel Le Metayer.-18 The Irish DPA and its approach to data protection
Billy Hawkes
19. Getting our act together: European Data Protection Authorities face up to Silicon Valley
Jacob Kohnstamm
20. Regaining control and sovereignty in the digital age
Jan Philipp Albrecht
21. Privacy enforcement in search of its base
James B. Rule