Research Handbook on EU Data Protection Law (Research Handbooks in European Law series)

"Bringing together leading European scholars, this thought-provoking Research Handbook provides a state-of-the-art overview of the scope of research and current thinking in the area of European data protection. Offering critical insights on prominent strands of research, it examines key challenges and potential solutions in the field. Chapters explore the fundamental right to personal data protection, government-to-business data sharing, data protection as performance-based regulation, privacy and marketing in data-driven business models, data protection and judicial automation, and the role of consent in an algorithmic society. Expert contributors investigate the impact of Brexit on the right to data portability, essential equivalence as a benchmark for international data transfers following Schrems II, and data protection in relation to the application and boundaries of the Law Enforcement Directive, trade secret privileges, and competition law. Comprehensive, yet accessible, the Research Handbook on EU Data Protection Law will be a valuable resource for students and scholars of technology and data protection law, privacy law and European law more broadly, while also being a useful tool for practitioners and policy makers concerned with data protection"-- Sommario fornito dall'editore Front Matter Copyright Contents Figures Tables Contributors Reviewers Preface Introduction to Research Handbook on EU Data Protection Law 1 | Two decades of Article 8 CFR: A critical exploration of the fundamental right to personal data protection in EU law 2 | Data protection as performance-based regulation 3 | A divided European data protection framework: A critical reflection on the choices of the European legislator post-Lisbon 4 | A critical reflection on the material scope of the application of the Law Enforcement Directive and its boundaries with the General Data Protection Regulation 5 | Government-to-Business (G2B) research data sharing and the GDPR: Reconciling the ‘public’ with the ‘private’? 6 | Conceptualising the interrelation between data protection regulation and competition law 7 | The intersection of data protection rights and trade secret privileges in ‘algorithmic transparency’ 8 | ‘Paying’ with personal data in digital business to consumer contracts: Bringing successfully together two worlds apart? 9 | Data-driven business models - Privacy and marketing 10 | ‘Dark patterns’: The case for regulatory pluralism between the European Union's consumer and data protection regimes 11 | Data protection and judicial automation 12 | Reaching beyond its territory - An analysis of the extraterritorial scope of European data protection law 13 | Essential equivalence as a benchmark for international data transfers after Schrems II 14 | The radical reframing of the purpose limitation principle - Why the Dutch delegation uprooted data protection 15 | Context as key: The protection of personal integrity by means of the purpose limitation principle 16 | Defining the scope of AI ADM system risk assessment 17 | Understanding the legal bases for automated decision-making under the GDPR 18 | The role of consent in an algorithmic society - Its evolution, scope, failings and re-conceptualization 19 | Explicit consent and alternative data protection processing grounds for health research 20 | Data protection, control and participation beyond consent - ‘Seeking the views’ of data subjects in data protection impact assessments 21 | Meaningful transparency through data rights: A multidimensional analysis 22 | Between incrementalism and revolution: How the GDPR right to data portability is revamped by the EU and the UK post Brexit 23 | Data protection enforcement in the era of the Directive on Whistle blowers: Towards a collective approach? Index "Bringing together leading European scholars, this thought-provoking Research Handbook provides a state-of-the-art overview of the scope of research and current thinking in the area of European data protection. Offering critical insights on prominent strands of research, it examines key challenges and potential solutions in the field. Chapters explore the fundamental right to personal data protection, government-to-business data sharing, data protection as performance-based regulation, privacy and marketing in data-driven business models, data protection and judicial automation, and the role of consent in an algorithmic society. Expert contributors investigate the impact of Brexit on the right to data portability, essential equivalence as a benchmark for international data transfers following Schrems II, and data protection in relation to the application and boundaries of the Law Enforcement Directive, trade secret privileges, and competition law. Comprehensive, yet accessible, the Research Handbook on EU Data Protection Law will be a valuable resource for students and scholars of technology and data protection law, privacy law and European law more broadly, while also being a useful tool for practitioners and policy makers concerned with data protection"-- Provided by publisher The words "judicial automation" invoke a broad range of images, ranging from time-saving tools to decision-aiding tools or even quixotic ideas of robot judges. As the development of artificial intelligence technologies expands the range of possible automation, it also raises questions about the extent to which automation is admissible in judicial contexts and the safeguards required for the safe use of AI in judicial contexts. This chapter argues that these applications raise specific challenges for data protection law, as the use of personal data for judicial automation requires the adoption of safeguards against risks to the right to a fair trial. The chapter discusses current and proposed uses of judicial automation, identifying how they use personal data in their operation and the issues that arise from this use, such as algorithmic biases and system opacity. By connecting these issues to the safeguards required for automated decision-making and data protection by design, the chapter shows how data protection law may contribute to a fair trial in contexts of judicial automation and highlights open research questions in the interface between procedural rights and data protection