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Data Protection Beyond Borders: Transatlantic Perspectives on Extraterritoriality and Sovereignty

Data Protection Beyond Borders: Transatlantic Perspectives on Extraterritoriality and Sovereignty

Author: Federico Fabbrini; Edoardo Celeste; John Quinn
Publisher: Hart Publishing
ISBN: 9781509946778

Published In: October 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509940660

List Price: ¥9,550.01

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This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data.

By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing.

All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.

1. Introduction

Federico Fabbrini, Dublin City University, Ireland, Edoardo Celeste, Dublin City University, Ireland and John Quinn, Dublin City University, Ireland

PART I: DEVELOPMENTS

2. EU Data Protection Law between Extraterritoriality and Sovereignty

Federico Fabbrini, Dublin City University, Ireland and Edoardo Celeste, Dublin City University

3. The Challenges and Opportunities for a US Federal Privacy Law

Jordan L Fischer, Drexel University, USA

PART II: TENSIONS

4. Google v CNIL: Circumscribing the Extraterritorial Effect of EU Data Protection Law

John Quinn, Dublin City University, Ireland

5. Digital Sovereignty and Multilevel Constitutionalism: Whose Standards for the Right to be Forgotten?

Dana Burchardt, Freie Universität Berlin, Germany

6. Data Protection and Freedom of Expression Beyond EU Borders: EU Judicial Perspectives

Oreste Pollicino, Bocconi University, Italy

7. Schrems I and Schrems II: Assessing the Case for the Extraterritoriality of EU Fundamental Rights

Maria Tzanou, Keele University, UK

PART III: COOPERATION

8. Clouds on the Horizon: Cross-Border Surveillance Under the US CLOUD Act

Stephen W Smith, Stanford University, USA

9. Voluntary Disclosure of Data to Law Enforcement: The Curious Case of US Internet Firms, their Irish

Subsidiaries and European Legal Standards

TJ McIntyre, University College Dublin, Ireland

10. European Law Enforcement and US Data Companies: A Decade of Cooperation Free from Law

Angela Aguinaldo, Max Planck Institute for the Study of Crime, Security and Law, Germany and Paul De Hert, Free University of Brussels, Belgium

11. Free-Flow of Data: Is International Trade Law the Appropriate Answer?

Vincenzo Zeno-Zencovich, University of Rome III, Italy

PART IV: PROSPECTS

12. The Extraterritorial Impact of Data Protection Law through an EU Law Lens

Orla Lynskey, London School of Economics and Political Science, UK

13. Digital Sovereignty in the EU: Challenges and Future Perspectives

Edoardo Celeste, Dublin City University, Ireland

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