Enforcing Privacy: Regulatory, Legal and Technological Approaches

Author: David Wright; Paul De Hert
Publisher: Springer-Verlag
ISBN: 9783319250458
Published In: April 2016
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

About the authors

Introduction to Enforcing Privacy

David Wright and Paul De Hert

Enforcing privacy

David Wright

Countries

Failures of privacy self-regulation in the United States

Robert Gellman and Pam Dixon

From a model pupil to a problematic grown-up: Enforcing privacy and data protection in Hungary

Ivan Szekely

A tale of two privacies: Enforcing privacy with hard power and soft power in Japan

Hiroshi Miyashita

The Spanish experience of enforcing privacy norms: two decades of evolution from sticks to carrots

Artemio Rallo Lombarte

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

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