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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Data Protection Law: Approaching Its Rationale, Logic and Limits

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ISBN13: 9789041198709
ISBN: 9041198709
Published: August 2002
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £141.00

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.

Despite the proliferation of data protection laws (or privacy protection laws) in many countries, uncertainty still reigns as to who or what such laws actually protect. Most data protection laws seem to have been drawn up rather diffusely, with the justification that the huge variety of types of information and specific contexts give rise to a complexity that cannot be guessed at as information technology continues to develop.

Nevertheless, as this text demonstrates, it is important to understand as best we can why data protection laws are passed, what their regulatory mechanisms are, and wherein lies their particular effectiveness. ""Data Protection Law"" approaches such an analysis along three major avenues of investigation: the interests and values that seem to be promoted by data protection laws; the extent to which the processing of information on private collective entities should be regulated by these laws; and the ability of these laws to control profiling practices.

The author evaluates the costs and/or gains and the interference (positive or negative) in the commercial, public administrative and social spheres that data protection laws have the potential to create, with numerous references to legislation and administrative decision making in a wide variety of jurisdictions.

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Data Protection
Preface. Abbreviations. Table of Statutes and Conventions. Table of Cases.
1. Introduction. Part I: Overview of Data Protection Laws.
2. Aims and Scope of Data Protection Laws.
3. Core Principles of Data Protection Laws.
4. Monitoring, Supervisory and Enforcement Regimes.
5. Concluding Observations for Part I. Part II: Origins, Rationale and Character of Data Protection Laws.
6. Catalysts for Emergence of Data Protection Laws.
7. Values and Interests Safeguarded by Data Protection Laws.
8. Concluding Observations for Part II. Part III: Data Protection Rights for Private Collective Entities.
9. Background to Issue.
10. Existing Safeguards for Data on Collective Entities Pursuant to Data Protection Laws.
11. Consequences of Protecting Data on Collective Entities.
12. Data Protection Interests of Collective Entities.
13. Social, Economic and Political Factors.
14. Legal Factors.
15. Protection for Data on Non-organised Collective Entities.
16. Concluding Observations for Part III. Part IV: Profiling -- Regulation by Data Protection Laws.
17. Profiling as Practice and Problem.
18. Regulation of Profiling.
19. Concluding Remarks on Part IV.
20. Conclusion. Select Bibliography. Index.