Research Handbook on Privacy and Data Protection Law: Values, Norms and Global Politics (Research Handbooks in Information Law series)

This Research Handbook is an insightful overview of the key rules, concepts and tensions in privacy and data protection law. It highlights the increasing global significance of this area of law, illustrating the many complexities in the field through a blend of theoretical and empirical perspectives. Providing an excellent in-depth analysis of global privacy and data protection law, it explores multiple regional and national jurisdictions, bringing together interdisciplinary international contributions from Europe and beyond. Chapters cover critical topics in the field, including key features of the General Data Protection Regulation (GDPR), border surveillance, big data, artificial intelligence, and biometrics. It also investigates the relationship between privacy and data protection law and other fields of law, such as consumer law and competition law. With its detailed exploration and insights into privacy and data protection, this Research Handbook will prove a useful resource for information and media law students as well as academics researching fields such as data protection and privacy law and surveillance or security studies. Contents 6 List of contributors 8 Introduction to Research Handbook on Privacy and Data Protection Law • Gloria González Fuster, Rosamunde Van Brakel and Paul De Hert 14 PART I GEOGRAPHICAL PERSPECTIVES 22 1 Privacy and data protection in Europe: Council of Europe’s Convention 108+ and the European Union’s GDPR • Cécile de Terwangne 23 2 Post-Brexit data protection in the UK – leaving the EU but not EU data protection law behind • Karen McCullagh 49 3 Understanding American privacy • Neil Richards, Andrew Serwin and Tyler Blake 73 4 The justiciability of data privacy issues in Europe and the US • Karlijn van den Heuvel and Joris van Hoboken 86 5 Canadian privacy law and the post-war freedom of information paradigm • Jonathon W. Penney 122 6 Data protection laws in Japan • Hiroshi Miyashita 141 7 Data protection in Latin America • Mónica Arenas Ramiro 153 PART II: INTER- AND TRANS-DISCIPLINARY PERSPECTIVES ON PRIVACY AND DATA PROTECTION 173 8 Social values and privacy law and policy • Priscilla M. Regan 174 9 Media and communication studies, privacy and public values: Future challenges • Jo Pierson 189 10 From law to engineering: A computer science perspective on privacy and data protection • Ninja Marnau and Christoph Sorge 210 11 Privacy, data protection, and security studies • Matthias Leese 227 12 Data protection and consumer protection: The empowerment of the citizen-consumer • Damian Clifford 242 13 Data protection and competition law: The dawn of ‘uber protection’ • Gabriela Zanfir-Fortuna and Sînziana Ianc 262 PART III: HOT TOPICS IN PRIVACY AND DATA PROTECTION 286 14 Privacy, data protection and the role of European Courts: Towards judicialisation and constitutionalisation of European privacy and data protection framework • Maja Brkan 287 15 Surveillance at the borders: Travellers and their data protection rights • Diana Dimitrova 316 16 Big data and data protection • Alessandro Mantelero 348 17 Data protection and children’s online privacy • Valerie Steeves and Milda Mačėnaitė 371 18 Biometric data processing: Is the legislator keeping up or just keeping up appearances? • Els J. Kindt 388 19 Co-regulation and competitive advantage in the GDPR: Data protection certification mechanisms, codes of conduct and data protection-by-design • Maximilian von Grafenstein 415 20 Automated decision-making and data protection in Europe • Gianclaudio Malgieri 446 Index 462 "This Research Handbook is an insightful overview of the key rules, concepts and tensions in privacy and data protection law. It highlights the increasing global significance of this area of law, illustrating the many complexities in the field through a blend of theoretical and empirical perspectives. Providing an excellent in-depth analysis of global privacy and data protection, it explores multiple regional and national jurisdictions, bringing together interdisciplinary international contributions from Europe and beyond. Chapters cover critical topics in the field, including key features of the General Data Protection Regulation (GDPR), border surveillance, big data, artificial intelligence, and biometrics. It also investigates the relationship between privacy and data protection law and other fields of law, such as consumer law and competition law. With its detailed exploration and insights into privacy and data protection, this Research Handbook will prove a useful resource for information and media law students as well as academics researching fields such as data protection and privacy law and surveillance or security studies"-- Provided by publisher This Research Handbook is an insightful overview of the key rules, concepts and tensions in privacy and data protection law. It highlights the increasing global significance of this area of the law, illustrating the many complexities in the field through a blend of theoretical and empirical perspectives. Providing an excellent in-depth analysis of global privacy and data protection law, this Research Handbook explores multiple regional and national jurisdictions, bringing together interdisciplinary international contributions on privacy and data protection. Chapters cover critical topics in the field, including co-regulation and the competitive advantage in the GDPR, border surveillance, big data and data protection. It further investigates the relationship between privacy and data protection law and other fields of law, such as consumer law and competition law. With its detailed analysis and insights into privacy and data protection law, this Research Handbook will prove a useful resource for information and media law students as well as academics researching fields such as privacy law and surveillance or security studies.