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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
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Data Protection in the Internet (Hardcover, 1st ed. 2020)
Loot Price: R4,708
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Data Protection in the Internet (Hardcover, 1st ed. 2020)
Series: Ius Comparatum - Global Studies in Comparative Law, 38
Expected to ship within 12 - 17 working days
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This book identifies and explains the different national approaches
to data protection - the legal regulation of the collection,
storage, transmission and use of information concerning identified
or identifiable individuals - and determines the extent to which
they could be harmonised in the foreseeable future. In recent
years, data protection has become a major concern in many
countries, as well as at supranational and international levels. In
fact, the emergence of computing technologies that allow lower-cost
processing of increasing amounts of information, associated with
the advent and exponential use of the Internet and other
communication networks and the widespread liberalization of the
trans-border flow of information have enabled the large-scale
collection and processing of personal data, not only for scientific
or commercial uses, but also for political uses. A growing number
of governmental and private organizations now possess and use data
processing in order to determine, predict and influence individual
behavior in all fields of human activity. This inevitably entails
new risks, from the perspective of individual privacy, but also
other fundamental rights, such as the right not to be discriminated
against, fair competition between commercial enterprises and the
proper functioning of democratic institutions. These phenomena have
not been ignored from a legal point of view: at the national,
supranational and international levels, an increasing number of
regulatory instruments - including the European Union's General
Data Protection Regulation applicable as of 25 May 2018 - have been
adopted with the purpose of preventing personal data misuse.
Nevertheless, distinct national approaches still prevail in this
domain, notably those that separate the comprehensive and detailed
protective rules adopted in Europe since the 1995 Directive on the
processing of personal data from the more fragmented and liberal
attitude of American courts and legislators in this respect. In a
globalized world, in which personal data can instantly circulate
and be used simultaneously in communications networks that are
ubiquitous by nature, these different national and regional
approaches are a major source of legal conflict.
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