Data Protection Law & Practice, 4th Edition

Author: Rosemary Jay
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414024960
Published In: December 2012
Format: Hardback
Jurisdiction: European Union, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author

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Examines the background, history and modern legal content of Data Protection
Discusses privacy rights, the possible misuse of private information, and the consequences
Looks at rights to prevent the procession and automated decisions, along with the principle levels of compensation and the possible remedies available
Examines key statutes such as the Data Protection Act, the Regulation of Investigatory Powers Act and subordinate legislation
Informs you of key updates to the Data Protection Act 1998 since the last edition
Provides updated information on the processing of data, bringing it in line with current regulations
Includes new chapters on data-sharing, security obligations and the enforcement powers of the Commissioner
Gives you a detailed analysis of the European background to the legislation and the importance of the Charter and the Treaty of Lisbon for data protection
Features a new section of analysis and explanation of the case law of the European Court of Justice on data protection
Provides an explanation of the proposals from the European Commission to change the data protection regime with highlights of the proposed main changes in the draft Regulation
Examines the restrictions on interception of communications and exceptions to those under the Regulation of Investigatory Powers Act, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the data retention obligations
Discusses the current position on data protection and rights, post the Freedom of Information Act 2000 and the Environmental Information Regulations 2004
Looks at the processing of Sensitive Data and the Overseas and Cross Border transfer of data
Offers guidance on following the Codes of Practice approved by the Information Commissioner’s Office (ICO), and the policies of other regulators
Covers the effect of the proposed EU Regulation and Directive as well as UK Centric issues
Case law has been reviewed and examined in detail with commentary and analysis including important EU cases, for example Satamedia, ProMusicae, Bavarian Lager and Rijkeboer
Includes practical precedents and examples

CONTENTS:

Background, History and EU Context
Privacy rights and the misuse of Private information
Interpretation of the Act and Key definitions, Including Territorial Applications
Data Protection and Rights of Access under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004
Grounds for processing
The Principles
Security of personal data
Overseas or Cross Border Transfers of Personal Data
Notification
Individual Rights – General Points
Subject Access
Right to Prevent Processing
Rights Relating to Automated Systems
Compensation and Other Individual Remedies
Exemptions for Regulations, National Security, Crime Control and Taxation
Exemptions for the protection of the Individual: Family, Employers, Health, Social Work, and Schools Information
Exemptions for the Special Purposes: Journalistic, Literary and Artisitic
Research
Miscellaneous Exemptions
Complaints, Assessments and Enforcement powers of the Commissioner
Criminal enforcement by the Commissioner
Access to Criminal Records and Enforced Subject Access
Electronic Communication and the Privacy and Electronic Communication (EC Directive) Regulation 2003
Monitoring of Communications
Data Retention
Data Sharing
The Commissioner and the First Tier Tribunal (Information Rights)
Data Protection Laws in Jersey, Guernsey, and the Isle of Man

Appendices:

Appendix A: Data Protection Act 1998
Appendix B: Freedom of Information Act 2000 PT VII (ss68-73),PT VIII (s.74), Sch .2 9PtII, paras 16-22),Sc.4.
Appendix C:EC Directive 95/45/EC
Appendix D: Privacy and Electronic Communications (EC Directive) Regulations 2003
Appendix E: Telecommunications (Lawful Business Practice) (Interception of Communication) Regulations 2000
Appendix F: Regulation of Information Act 2000, PT 1 Chaps 1&2
Appendix G : Passage of the Act through Parliament

Rosemary Jay is an acknowledged expert in the field. She has worked in data protection and information rights for 25 years, since joining the Office of the Data Protection Registrar in August 1987.

Her clients have includes national and international bodies such as the Council of Europe and the European Commission and she has been engaged on a number of international assignments. She lectures and writes widely. She is a Fellow of the British Computer Society, an Examiner for the ISEB Board, an editor of the Encyclopaedia of Data Protection. Her work spans the public and private sector. She currently works part time as a Senior Attorney at Hunton & Williams.