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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
Each manager of a department, or a specific responsibility, must
assess the data issues and risks as are relevant to their
individual department. The manager must assess what data exists;
whether it is permitted for use; filter out (including deletion of)
data that is over-broad or otherwise not permitted; and ensuring
procedures to identify and eliminate processes that open up the
risk of future unjustified data collections. While other agents of
the company or organisation will have responsibilities in relation
to data protection compliance, the manager of a department must
also engage in best practices that focus on the data protection
obligations of the department. Data protection compliance requires
not just adherence to specific data protection legal provisions,
but a full understanding of what data exists in the department,
company or organisation, where it is located and for what purpose.
The personnel manager needs to be satisfied that all of the
internal personnel records are fully data protection complaint.
Just one of the dangers is that these issues are not addressed in
appropriate reviews, contracts and policies. Another risk gap is
that there may be policies, etc., but the manager omitted to
appropriately include other non full time employees, such as those
whom may be contractors, temporary staff, interns, or family
members. The marketing manager needs to be satisfied that all of
the current and proposed marketing activities, customer lists, and
user lists are all compliant with the new data protection rules.
Organisations should have undergone an A - Z review of data
protection compliance in the lead up to the new EU General Data
Protection Regulation (GDPR) go-live date. In many organisations
there will be many activities and actions which carried over from
the GDPR review. These need to continue to be actioned. In
addition, there is also a new Data Protection Act 2018 to consider.
Organisations should also have appointed a new Data Protection
Officer (DPO) to assist in these efforts and to be the official
point of contact internally and externally (for data protection
supervisory authorities and for customers and users). Critically,
all Managers need to be aware of data protection compliance and
related issues within their own Department. The Manager has duties
and responsibilities. The Manager cannot simply assume that someone
else will do it, or that all data protection issues for their
Department are already being dealt with by the DPO or some other
Department.
Since the entry into force of the Lisbon Treaty, data protection
has been elevated to the status of a fundamental right in the
European Union and is now enshrined in the EU Charter of
Fundamental Rights alongside the right to privacy. This timely book
investigates the normative significance of data protection as a
fundamental right in the EU. The first part of the book examines
the scope, the content and the capabilities of data protection as a
fundamental right to resolve problems and to provide for an
effective protection. It discusses the current approaches to this
right in the legal scholarship and the case-law and identifies the
limitations that prevent it from having an added value of its own.
It suggests a theory of data protection that reconstructs the
understanding of this right and could guide courts and legislators
on data protection issues. The second part of the book goes on to
empirically test the reconstructed right to data protection in four
case-studies of counter-terrorism surveillance: communications
metadata, travel data, financial data and Internet data
surveillance. The book will be of interest to academics, students,
policy-makers and practitioners in EU law, privacy, data
protection, counter-terrorism and human rights law.
Private International Law Online is a dedicated analysis of the
private international law framework in the European Union as it
applies to online activities such as content publishing, selling
and advertising goods through internet marketplaces, or offering
services that are performed online. It provides an insight into the
history of internet regulation, and examines the interplay between
substantive regulation and private international law in a
transaction space that is inherently independent from physical
borders. Lutzi investigates the current legal framework of the
European Union from two angles: first questioning how the rules of
private international law affect the effectiveness of substantive
legislation, and then considering how the resulting legal framework
affects individual internet users. The book addresses recent
judgments like the Court of Justice's controversial decision in
Glawischnig-Piesczek v Facebook, and the potential consequences of
global injunctions, including the adverse effects on freedom of
speech and the challenges of coordinating different national laws
with regard to online platforms. It also considers the European
Union's new Copyright Directive, and the way private international
law affects the ability of instruments such as this to create a
coherent legal framework for online activities in the European
Union. Based on this discussion, Lutzi advocates an alternative
approach and sets out how reform might provide a more effective
framework, and develops individual elements of the approach to
propose new rules and how those rules might adapt to accommodate
more recent phenomena and technologies.
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