Personality and Data Protection Rights on the Internet: Brazilian and German Approaches

Privacy and Data Protection

Personality and Data Protection Rights on the Internet: Brazilian and German Approaches

Edited by Marion Albers · Ingo Wolfgang Sarlet
Springer-Verlag March 2022

Specifications

ISBN-13
9783030903305
Publisher
Springer-Verlag
Publication
March 2022
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This book focuses on protection needs and new aspects of personality and data protection rights on the Internet, presenting a comprehensive review that discusses and compares international, European and national (Brazilian, German, Pakistani) perspectives. It deals with overarching questions, such as whether universal minimum standards of privacy protection can be developed or how regional data protection rights can be safeguarded and enforced extraterritorially, given the conditions of the Internet. Furthermore, the book addresses new challenges and novel rights, e. g., data retention and protection against mass surveillance, the right to be forgotten, rights to anonymity, legal issues of the digital estate or rights relating to algorithmic decision-making. Furthermore, the book explores how well-known paradigms, such as liability for personality rights violations or damages, have to be adapted in view of the significant role of intermediaries.

Table of Contents

Chapter 1. Introduction: Personality and Data Protection Rights on the Internet
Chapter 2. Privacy Protection in the World Wide Web - Legal Perspectives on Accomplishing a Mission Impossible
Chapter 3. The Protection of Personality and its Ramifications on the Marco Civil da Internet and on the Brazilian Data Protection Bill Draft
Chapter 4. The Enforcement of Personality and Data Protection Rights on the Internet - The European Approach
Chapter 5. Privacy and Data Protection with view to Telecommunications Surveillance and Data Retention
Chapter 6. Personality Rights and Surveillance: Data Retention and Access to Telecommunications Data
Chapter 7. The so-called right to be forgotten and the protection of personality on the internet in Brazil - The problem of the effectiveness of fundamental rights in private relationships
Chapter 8. Horizontal Effects of Art.
8 CFR
Chapter 9. Personality Protection on the Internet between Data Protection and Press Law
Chapter 10. Brazilian Civil Rights Framework for the Internet (BCRFI; Marco Civil da Internet): Breakthrough or Setback? Civil Liability for Damages Arising from the General Content by a Third Party
Chapter 11. Balancing Freedom of Speech and Personality Rights - The Role of Intermediaries
Chapter 12. Regulating Intermediaries: Filtering Content and Machine Learning Techniques
Chapter 13. The Five Roles of Free Speech under the Brazilian Internet Bill of Rights
Chapter 14. The impact of jurisdiction and legislation on standards of anonymity on the Internet
Chapter 15. Online Anonymity as a Guaranty to the Right to Life - A Case Study of Pakistan
Chapter 16. Digital Identity and the Problems of the Digital Heritage
Chapter 17. Digital Heritage and German Constitutional Law
Chapter 18. Algorithms and discrimination: the case of credit scoring in Brazil
Chapter 19. The Complex Relation between Business and Human Rights: the Use of Profiling for Discrimination
Chapter 20. Data protection law fails to protect citizens against unfair profiling measures
Chapter 21. Protecting Health Data with view to Health Apps: A Comparative Analysis
Chapter 22. Internet access as a social right and the search for an effective digital inclusion
Chapter 23. Communication as an Infrastructure of Culture
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