In 2016, data protection regulation saw the most significant change in over twenty-one years. The Data Protection Directive was replaced in its entirety by the new General Data Protection Regulation. This affects all organizations and all individuals throughout the EU and Ireland. In addition to new and expanded rights and obligations, organizations must also engage Data Protection Officers, whom have significant responsibilities and independence. The second edition of Data Protection Law in Ireland provides a detailed analysis of these new developments, procedures, rights, and obligations of data protection in Ireland. It is the most recent and up-to-date book, providing a comprehensive guide as to what data protection is and the implications and obligations for holders and subjects of such data. This is an essential reference and resource for organizations, companies, solicitors, barristers, Data Protection Officers, compliance officers, IT and security personnel, marketing departments, and those interested in this increasingly important and rapidly changing area of law. [Subject: Irish Law, Data Protection, Information Technology]

Data Protection has become one of the most important news topics of recent years, playing a role in elections and referendums, and posing a whole host of new legal questions. At its core, data protection is the statutory protection provided to protect the privacy of individuals with regard to personal data. It's places various obligations on persons who keep personal data, eg that the data must be accurate and kept for lawful purposes. EU Data Protection Law provides an analysis of the EU's proposed General Data Protection Regulation. The book analyses the rights of the data subject including rights to information, access, rectification, erasure (right to be forgotten), restriction, portability and objection. It examines in detail the role and responsibilities of controllers and processors together with governance (including the Data Protection Officer) and risk (data protection by design and default, the Data Protection Impact Assessment, data security and the notification of subjects). The role of data protection authorities, the European Data Protection Board and enforcement mechanisms such as fines and other liabilities and penalties are also explored. Other relevant Directives are discussed together with appropriate case law. This comprehensive treatment is the only one of its kind. It will also be of international appeal, as Ireland's perspective in this area carries great weight in light of Ireland's position as the European headquarters for many digital technology companies such as Facebook and Google.

The information society has created an environment where new technologies increasingly threaten the right to privacy. Privacy and Data Protection Law in Ireland provides a detailed analysis of the law that applies in this complex and uncertain environment. Privacy and Data Protection Law in Ireland covers relevant Irish legislation, in particular the Communications (Retention of Data) Act 2011 and the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. It also includes developments in EU law such as the Lisbon Treaty and European Charter of Fundamental Rights, the EU Council Framework Decision 2008/977/JHA of November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters and the new E-Privacy Directive. The new edition includes three new chapters, specifically dealing with social networking, cloud computing and criminal legislation. Previous edition ISBN: 9781845922047

This volume presents analyses of data protection systems and of 26 jurisdictions with data protection legislation in Africa, as well as additional selected countries without comprehensive data protection laws. In addition, it covers all sub-regional and regional data privacy policies in Africa. Apart from analysing data protection law, the book focuses on the socio-economic contexts, political settings and legal culture in which such laws developed and operate. It bases its analyses on the African legal culture and comparative international data privacy law. In Africa protection of personal data, the central preoccupation of data privacy laws, is on the policy agenda. The recently adopted African Union Cyber Security and Data Protection Convention 2014, which is the first and currently the only single treaty across the globe to address data protection outside Europe, serves as an illustration of such interest. In addition, there are data protection frameworks at sub-regional levels for West Africa, East Africa and Southern Africa. Similarly, laws on protection of personal data are increasingly being adopted at national plane. Yet despite these data privacy law reforms there is very little literature about data privacy law in Africa and its recent developments. This book fills that gap.

Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.

Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.

Companies, lawyers, privacy officers, compliance managers, as well as human resources, marketing and IT professionals are increasingly facing privacy issues. While plenty of information is freely available, it can be difficult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann’s Field Guide to Data Privacy Law comes into its own – identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change in international laws, technology and society

Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances – namely, what can I do if my data privacy rights are breached?

This book explores the coming into being in European Union (EU) law of the fundamental right to personal data protection. Approaching legal evolution through the lens of law as text, it unearths the steps that led to the emergence of this new right. It throws light on the right’s significance, and reveals the intricacies of its relationship with privacy. The right to personal data protection is now officially recognised as an EU fundamental right. As such, it is expected to play a critical role in the future European personal data protection legal landscape, seemingly displacing the right to privacy. This volume is based on the premise that an accurate understanding of the right’s emergence is crucial to ensure its correct interpretation and development. Key questions addressed include: How did the new right surface in EU law? How could the EU Charter of Fundamental Rights claim to render ‘more visible’ an invisible right? And how did EU law allow for the creation of a new right while ensuring consistency with existing legal instruments and case law? The book first investigates the roots of personal data protection, studying the redefinition of privacy in the United States in the 1960s, as well as pioneering developments in European countries and in international organisations. It then analyses the EU’s involvement since the 1970s up to the introduction of legislative proposals in 2012. It grants particular attention to changes triggered in law by language and, specifically, by the coexistence of languages and legal systems that determine meaning in EU law. Embracing simultaneously EU law’s multilingualism and the challenging notion of the untranslatability of words, this work opens up an inspiring way of understanding legal change. This book will appeal to legal scholars, policy makers, legal practitioners, privacy and personal data protection activists, and philosophers of law, as well as, more generally, anyone interested in how law works.