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Protecting Individuals Against the Negative Impact of Big Data: Potential and Limitations of the Privacy and Data Protection Law Approach


ISBN13: 9789403501314
Published: July 2018
Publisher: Kluwer Law International
Country of Publication: The Netherland
Format: Hardback
Price: £81.00



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Protecting Individuals Against the Negative Impact of Big Data aims to provide a thorough analysis of big data and the possible negative impact it may have on individual rights and freedoms, how and to what extent EU privacy and data protection law may mitigate this negative impact, and which alternative legal solutions should be considered to provide an adequate level of protection of individual rights and freedoms in the context of big data. In the contemporary information society, organisations increasingly rely on the collection and analysis of large-scale data (popularly called ‘big data’) to make decisions. These processes, which take place largely beyond the individual’s knowledge, produce a cascade of effects that go beyond privacy and data protection. This work acknowledges the importance of the rights to privacy and data protection. By conceptualising big data as a process that consists of the acquisition and analysis of (personal) data and the application of the outcomes thereof, it finds that the potential consequences may also be particularly severe for personal autonomy, freedom of expression and non-discrimination.

What’s in this book:

Among the issues raised in the analysis are such vital elements as the following:

  • what is meant by ‘big data’;
  • ‘privacy’ according to the European Court of Human Rights and the Court of Justice of the European Union;
  • what the European Union legal framework on privacy and data protection consists of and how it functions in the light of big data;
  • what companies, governments and other organisations are permitted to do with big data under the current regulatory framework;
  • the central importance of personal autonomy;
  • circumstances that influence whether or not the right to privacy is triggered;
  • big data’s possible impact on democracy through, inter alia, potentially limiting freedom of expression;
  • how governmental or corporate surveillance chills the receiver’s gathering of information and ideas;
  • selective offering of choices or information, or manipulation of people’s ideas;
  • procedural aspects that influence the extrapolation of normative concepts of privacy and data protection; and
  • how discrimination occurs in big data.
This book foregrounds critical scrutiny of commercial uses of big data – its scale, limited capacity for independent oversight and the expected prevalence of interference with individuals’ rights. The author’s conclusions explore possible legal alternatives to mitigate the negative impact of big data, using legal instruments, case law and legal academic literature in her analysis.

How this will help you:

The mapping of the different stages of the application of big data facilitates the legal analysis of data-driven decision-making and may help scholars working in this domain. Because the amount of digital data keeps growing and the private lives of individuals are increasingly taking place online – and because of the opacity of the big data process, the fundamental values that are at stake, and the speed of technological developments compared to the pace of legal reform – this comprehensive assessment of flaws in the current framework and possible practical solutions will be warmly welcomed by practitioners, policymakers and government officials in all legal fields related to privacy and data protection.

Subjects:
Data Protection
Contents:
Acknowledgements
Chapter 1
Introduction
Chapter 2
Big Data
Chapter 3
Big Data and the Fundamental Rights to Privacy and to Data Protection
Chapter 4
Big Data and EU Data Protection Law
Chapter 5
Potential Solutions and a Combined Approach
Chapter 6
Conclusion
Bibliography
Table of Cases
Table of Legislation
Opinions, Reports, and Communications

Series: Information Law Series

Imposing Data Sharing Among Private Actors: A Tale of Evolving Balances ISBN 9789403541600
Published January 2022
Kluwer Law International
£134.00
Imposing Data Sharing Among Private Actors: A Tale of Evolving Balances (eBook) ISBN 9789403541655
Published January 2022
Kluwer Law International
£135.00
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Imposing Data Sharing Among Private Actors: A Tale of Evolving Balances (eBook) ISBN 9789403501772
Published January 2022
Kluwer Law International
£135.00
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£122.00
£122.00
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Pluralism or Universalism in International Copyright Law ISBN 9789403503554
Published October 2019
Kluwer Law International
£132.00
Open Source Software and Intellectual Property Rights ISBN 9789041152282
Published June 2014
Kluwer Law International
£237.00
Variable Scope of the Exclusive Economic Rights in Copyright ISBN 9789041149152
Published May 2014
Kluwer Law International
£222.00
Codification of European Copyright Law: Challenges and Perspectives ISBN 9789041141453
Published December 2012
Kluwer Law International
£203.00
£152.00
Copyright Enforcement and the Internet ISBN 9789041133465
Published November 2010
Kluwer Law International
£173.00
Public Broadcasting and European Law ISBN 9789041125002
Published May 2008
Kluwer Law International
£167.00
£163.00
Copyright, Limitations and the Three-step Test ISBN 9789041122674
Published January 2004
Kluwer Law International
£163.00
£145.00
Data Protection Law: Approaching Its Rationale, Logic and Limits ISBN 9789041198709
Published August 2002
Kluwer Law International
£215.00
The Commodification of Information
ISBN 9789041198761
Published July 2002
Kluwer Law International
£243.00
Copyright Limitations and Contracts ISBN 9789041198679
Published February 2002
Kluwer Law International
£197.00
Copyright and Electronic Commerce
Edited by: Hugenholtz
ISBN 9789041197856
Published April 2000
Kluwer Law International
£195.00
Copyright and Photographs: An International Survey ISBN 9789041197221
Published June 1999
Kluwer Law International
£243.00
Intellectual Property and Information Law: Essays in Honour of Herman Cohen Jehoram ISBN 9789041197023
Published January 1999
Kluwer Law International
£226.00
From Privacy Toward a New Intellectual Property Right in Persona ISBN 9789041103550
Published February 1997
Kluwer Law International
£243.00
The Future of Copyright in a Digital Environment
ISBN 9789041102676
Published July 1996
Kluwer Law International
£188.00
Challenges to the Creator Doctrine
ISBN 9789065448767
Published August 1994
Kluwer Law International
£144.00