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This book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies’ collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data.
This short paperback, developed from the casebook Information Privacy Law,contains key cases and materials focusing on privacy issues related to consumer privacy and data security. This book is designed for use in courses and seminars on: Cyberlaw Law and technology Privacy law Information law Consumer law New to the Third Edition: CCPA, biometric privacy laws FTC Facebook Cambridge Analytica case United States v. Gratkowski (Bitcoin and the Fourth Amendment) In re Vizio, Inc. Additional material about TCPA litigation, including Stoops v. Wells Fargo Bank Additional material on the FCC Act Additional material on the Video Privacy Protection Act Barr v. American Association of Political Consultants Topics covered include: Big Data, financial privacy, FCRA, GLBA, FTC privacy and security regulation Identity theft, online behavioral advertising First Amendment limitations on privacy regulation Data breaches, data breach notification statutes Privacy of video watching and media consumptions CFAA, enforcement of privacy policies, marketing use of data, and more
A replacement of the author's well-known book on Translation Theory, In Search of a Theory of Translation (1980), this book makes a case for Descriptive Translation Studies as a scholarly activity as well as a branch of the discipline, having immediate consequences for issues of both a theoretical and applied nature. Methodological discussions are complemented by an assortment of case studies of various scopes and levels, with emphasis on the need to contextualize whatever one sets out to focus on.Part One deals with the position of descriptive studies within TS and justifies the author's choice to devote a whole book to the subject. Part Two gives a detailed rationale for descriptive studies in translation and serves as a framework for the case studies comprising Part Three. Concrete descriptive issues are here tackled within ever growing contexts of a higher level: texts and modes of translational behaviour — in the appropriate cultural setup; textual components — in texts, and through these texts, in cultural constellations. Part Four asks the question: What is knowledge accumulated through descriptive studies performed within one and the same framework likely to yield in terms of theory and practice?This is an excellent book for higher-level translation courses.
The rapid development of new information and communication technologies has changed people’s everyday life and consumption patterns significantly. The worldwide spread of those technologies provides many innovations for consumers, but it can also bear risks, such as the indiscriminate collection, storage and cross-border flow of personal data, illegal spying on Internet activities, dissemination of personal information, and abuse of user passwords. The study deals with the current state of consumer data protection law in Brazil, China and Germany from a comparative perspective. It covers the main legal issues of consumer privacy and data protection in these countries and seeks to explain current issues and case law concerning consumer data protection from a practical perspective.
All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
Digital devices have made our busy lives a little easier and they do great things for us, too – we get just-in-time coupons, directions, and connection with loved ones while stuck on an airplane runway. Yet, these devices, though we love them, can invade our privacy in ways we are not even aware of. The digital devices send and collect data about us whenever we use them, but that data is not always safeguarded the way we assume it should be to protect our privacy. Privacy is complex and personal. Many of us do not know the full extent to which data is collected, stored, aggregated, and used. As recent revelations indicate, we are subject to a level of data collection and surveillance never before imaginable. While some of these methods may, in fact, protect us and provide us with information and services we deem to be helpful and desired, others can turn out to be insidious and over-arching. Privacy in the Age of Big Data highlights the many positive outcomes of digital surveillance and data collection while also outlining those forms of data collection to which we do not always consent, and of which we are likely unaware, as well as the dangers inherent in such surveillance and tracking. Payton and Claypoole skillfully introduce readers to the many ways we are “watched” and how to change behaviors and activities to recapture and regain more of our privacy. The authors suggest remedies from tools, to behavior changes, to speaking out to politicians to request their privacy back. Anyone who uses digital devices for any reason will want to read this book for its clear and no-nonsense approach to the world of big data and what it means for all of us.
The information revolution has brought with it the technology for easily collecting personal information about individuals, a facility that inherently threatens personal privacy. Colin J. Bennett here examines political responses to the data protection issue in four Western democracies, comparing legislation that the United States, Britain, West Germany, and Sweden forged from the late 1960's to the 1980's to protect citizens from unwanted computer dissemination of personal information. Drawing on an extensive body of interviews and documentary evidence, Bennett considers how the four countries, each with different cultural traditions and institutions, formulated fair information policy. He finds that their computer regulatory laws are based on strikingly similar statutory principles, but that enforcement of these principles varies considerably: the United States relies on citizen initiative and judicial enforcement; Britain uses a registration system; Germany has installed an ombudsman; and Sweden employs a licensing system. Tracing the impact of key social, political, and technological factors on the ways different political systems have controlled the collection and communication of information, Bennett also deepens our understanding of policymaking theory. Regulating Privacy will be welcomed by political sciences—especially those working in comparative public policy, American politics, organization theory, and technology and politics—political economists, information systems analysts, and others concerned with issues of privacy.
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.
In this report, the Federal Trade Commission discusses the results of an in-depth study of nine data brokers. These data brokers collect personal information about consumers from a wide range of sources and provide it for a variety of purposes, including verifying an individual's identity, marketing products, and detecting fraud. Because these companies generally never interact with consumers, consumers are often unaware of their existence, much less the variety of practices in which they engage. By reporting on the data collection and use practices of these nine data brokers, which represent a cross-section of the industry, this report attempts to shed light on the data broker industry and its practices. For decades, policymakers have expressed concerns about the lack of transparency of companies that buy and sell consumer data without direct consumer interaction. Indeed, the lack of transparency among companies providing consumer data for credit and other eligibility determinations led to the adoption of the Fair Credit Reporting Act ("FCRA"), a statute the Commission has enforced since its enactment in 1970. The FCRA covers the provision of consumer data by consumer reporting agencies where it is used or expected to be used for decisions about credit, employment, insurance, housing, and similar eligibility determinations; it generally does not cover the sale of consumer data for marketing and other purposes. While the Commission has vigorously enforced the FCRA, 1 since the late 1990s it has also been active in examining the practices of data brokers that fall outside the FCRA.