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This book presents the latest research on the challenges and solutions affecting the equilibrium between freedom of speech, freedom of information, information security and the right to informational privacy. Given the complexity of the topics addressed, the book shows how old legal and ethical frameworks may need to be not only updated, but also supplemented and complemented by new conceptual solutions. Neither a conservative attitude (“more of the same”) nor a revolutionary zeal (“never seen before”) is likely to lead to satisfactory solutions. Instead, more reflection and better conceptual design are needed, not least to harmonise different perspectives and legal frameworks internationally. The focus of the book is on how we may reconcile high levels of information security with robust degrees of informational privacy, also in connection with recent challenges presented by phenomena such as “big data” and security scandals, as well as new legislation initiatives, such as those concerning “the right to be forgotten” and the use of personal data in biomedical research. The book seeks to offer analyses and solutions of the new tensions, in order to build a fair, shareable and sustainable balance in this vital area of human interactions.
3. COUNTRY REPORTS
Privacy is one of our most essential values, but popular understanding of it lags far behind the heat the concept generates. It's easy to understand why. The concept itself has shifted in U.S. law from autonomy, to property, to confidentiality. Further, with a host of cultural differences as to how privacy is understood globally and in different religions, and with nonstop technological advancements, its significance is continually evolving. Leslie P. and John G. Francis draw upon their extensive expertise in law, philosophy, political science, regulatory policy, and bioethics to parse privacy's meaning in the modern age. This book will inform, appease, and alert readers to what is at stake when privacy is breached.
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
This book focuses on the right to privacy in the digital age with a view to see how it is implemented across the globe in different jurisdictions. The right to privacy is one of the rights enshrined in international human rights law. It has been a topic of interest for both academic and non-academic audiences around the world. However, with the increasing digitalisation of modern life, protecting one’s privacy has become more complicated. Both state and non-state organisations make frequent interventions in citizens’ private lives. This edited volume aims to provide an overview of recent development pertaining to the protection of the right to privacy in the different judicial systems such as the European, South Asian, African and Inter-American legal systems. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.
The disturbing reality of contemporary life is that technology has laid bare the private facts of most people's lives. Email, cell phone calls, and individual purchasing habits are no longer secret. Individuals may be discussed on a blog, victimized by an inaccurate credit report, or have their email read by an employer or government agency without their knowledge. Government policy, mass media, and modern technology pose new challenges to privacy rights, while the law struggles to keep up with the rapid changes. Privacy: The Lost Right evaluates the status of citizens' right to privacy in today's intrusive world. Mills reviews the history of privacy protections, the general loss of privacy, and the inadequacy of current legal remedies, especially with respect to more recent privacy concerns, such as identity theft, government surveillance, tabloid journalism, and video surveillance in public places. Mills concludes that existing regulations do not adequately protect individual privacy, and he presents options for improving privacy protections.
Author Website: http://informationprivacylaw.com Information Privacy Law, now in its Third Edition, continues to present groundbreaking cases and cutting-edge issues, along with informative discussion and concise introductions for each area of privacy law. A conceptual framework brings logic and clarity to this wide-ranging field. Stimulating questions fuel classroom debate. Accompanying the Third Edition is an updated and expanded comprehensive Teacher’s Manual. an important casebook in law school and a valuable reference source for practitioners, Information Privacy Law features : trail-blazing cases and materials that explore issues of emerging technology and information privacy a cohesive conceptual framework that brings clarity and accessibility to the wide-ranging field of information privacy law thorough coverage of information privacy issues, including medical and genetic privacy, computer databases, employee monitoring, government data mining, electronic surveillance, anonymity in cyberspace, spam and telemarketing, Internet privacy, spyware, intelligence gathering and terrorism, consumer and financial privacy, privacy And The media, and more stimulating pedagogy that raises provocative questions about new technologies And The development of the law extensive background information and authorial guidance that provides clear and concise introductions to various areas of law clear and engaging discussion of privacy statutes — including summaries of long and complex privacy statutes, such as the Electronic Communications Privacy Act, Fair Credit Reporting Act, Privacy Act, Freedom of Information Act, Cable Communications Policy Act, HIPAA regulations, and Gramm-Leach-Bliley Act Updated throughout, The carefully revised Third Edition includes : new material on defamation and gossip on the Internet through blogs and social network websites important new cases dealing with identity theft, data mining , electronic surveillance law, and NSA surveillance more cases to use with the statutes, including additional cases For The Privacy Act And The Fair Credit Reporting Act. new developments in electronic surveillance law, including NSA surveillance, And The Foreign Intelligence Surveillance Act updated coverage of HIPAA ( Health Insurance Portability and Accountability Act ) Privacy Rule new coverage on decisional privacy in Chapter 4, (23 pages), using Griswold v. Connecticut, Planned Parenthood v. Casey, and Lawrence v. Texas as principal cases, plus extensive coverage of other cases in the notes enhanced and expanded Teacher’s Manual (nearly double in size from the previous version) that offers complete, detailed, section-by-section coverage For engaging and timely coverage of a broad range of privacy issues related to technology, media, government, health, employment, law enforcement, national security, commerce, And The financial system — look To The flagship title helmed by two of the most respected voices on privacy law, Daniel J. Solove and Paul M. Schwartz.
How disputes over privacy and security have shaped the relationship between the European Union and the United States and what this means for the future We live in an interconnected world, where security problems like terrorism are spilling across borders, and globalized data networks and e-commerce platforms are reshaping the world economy. This means that states’ jurisdictions and rule systems clash. How have they negotiated their differences over freedom and security? Of Privacy and Power investigates how the European Union and United States, the two major regulatory systems in world politics, have regulated privacy and security, and how their agreements and disputes have reshaped the transatlantic relationship. The transatlantic struggle over freedom and security has usually been depicted as a clash between a peace-loving European Union and a belligerent United States. Henry Farrell and Abraham Newman demonstrate how this misses the point. The real dispute was between two transnational coalitions—one favoring security, the other liberty—whose struggles have reshaped the politics of surveillance, e-commerce, and privacy rights. Looking at three large security debates in the period since 9/11, involving Passenger Name Record data, the SWIFT financial messaging controversy, and Edward Snowden’s revelations, the authors examine how the powers of border-spanning coalitions have waxed and waned. Globalization has enabled new strategies of action, which security agencies, interior ministries, privacy NGOs, bureaucrats, and other actors exploit as circumstances dictate. The first serious study of how the politics of surveillance has been transformed, Of Privacy and Power offers a fresh view of the role of information and power in a world of economic interdependence.
The distinguished editors and contributors to this book have produced a valuable report of the state of privacy in a number of jurisdictions with their distinct legal and political traditions. It highlights the challenges we confront in our effort to protect and defend a central democratic ideal. Raymond Wacks, Computer Law and Security Review . . . This book is. . . a seminal piece of literature. . . Although the volume is about privacy law and the international politics of data protection, it is vitally important for the whole field of surveillance studies. It is easy to follow, and written in a way that nonlegal scholars can easily grasp. Nils Zurawski, Surveillance and Society Global Privacy Protection is certainly to be commended. Daniel Seng, Singapore Journal of Legal Studies Global Privacy Protection reviews the origins and history of national privacy codes as social, political and legal phenomena in Australia, France, Germany, Hong Kong, Hungary, South Korea and the United States. The first chapter reviews key international statements on privacy rights, such as the OECD, EU and APEC principles. In the following chapters, the seven national case studies present and analyze the widest variety of privacy stories in an equally varied array of countries. They look beyond the details of what current national data-protection laws allow and prohibit to examine the origins of public concern about privacy; the forces promoting or opposing privacy codes; the roles of media, grassroots activists and elite intervention; and a host of other considerations shaping the present state of privacy protection in each country. Providing a rich description of the interweaving of national traditions, legal institutions, and power relations, this book will be of great interest to scholars engaged in the study of comparative law, information law and policy, civil liberties, and international law. It will also appeal to policy-makers in the many countries now contemplating the adoption of privacy codes, as well as to privacy activists.
American courts have shaped, debated, honored, and protected our right to privacy for more than two hundred years. This compelling resource reviews the constitutional roots of the right to privacy, from the Fourth Amendment's protection against unreasonable searches to the Fourteenth Amendment's guarantee of personal liberty. The court cases presented show how privacy rights apply in nearly every area of our lives--at school, at work, in our homes, in our personal communications, in our doctor's offices, and in our relationships. They also demonstrate how privacy rights have evolved in a high-tech, complex world.