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Data Protection Anno 2014: How to Restore Trust?

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ABOUT THE BOOK

We live in an era in which privacy and data protection are daily news items. This tendency demonstrates that privacy and data protection are taken seriously in wide circles of our society. Most of the time, however, issues relating to privacy and data protection are not newsworthy because these rights have been so well protected. It is the scandals that make the news, the latest example being the NSA affair, which has dominated the news for months.

These news stories create a feeling of discomfort and lead to diminishing trust – diminishing trust of citizens in companies they deal with, in their governments, in supranational entities such as the European Union, in the law, and diminishing trust between countries.

This book defines the restoration of this trust in relation to privacy and data protection as the most pressing challenge. It reflects on the state of play in the area of privacy and personal data protection in Europe and the United States at the start of 2014. The authors discuss the issues from different perspectives, such as constitutional values and the role of the judiciary, the role of the legislator and independent control, and transatlantic relations.

This volume collects contributions of a large number of outstanding academic scholars, legal practitioners, regulators and politicians from Europe as well as the United States. All contributions are written in honour of Peter Hustinx, the first European Data Protection Supervisor, who will step down in 2014, after ten successful years in office and after a long and impressive career in the area of privacy and data protection.

A recommended read for everyone interested in privacy and data protection and more generally in the complex relations between law and the information society.

TABLE OF CONTENTS

Part 1. Introduction
1. Data Protection Anno 2014: How To Restore Trust? An Introduction - Hielke Hijmans and Herke Kranenborg
2. Averse from Hair-splitting: A Process-based Framework to Balance Privacy and Other Interests - Corien Prins

Part 2. Observations from Nearby
3. Privacy: A Refuge for Evil - Ulcovan de Pol
4. Setting up a New European Authority - Joaquin Bayo Delgado
5. Data Protection in the Area of Freedom, Security and Justice: Challenges for the Judiciary - Giovanni Buttarelli

Part 3. Constitutional Values and the Role of the Judiciary
6. Privacy in the Dutch Constitution: A Dead Letter? - Luc Verhey
7. The Distinction between Privacy and Data Protection in the Jurisprudence of the CJEU and the ECtHR - Juliane Kokott and Christoph Sobotta
8. The European Court of Justice and the Decade of Surveillance - Christopher Docksey
9. The Defense of Privacy: The U.S. Supreme Court and the Need for Institutional Advocacy - Marc Rotenberg

Part 4. Role of the Legislator and Independent Control
10. Uniform Protection by the EU - The EU Data Protection Regulation Salvages Informational Self-determination - Jan Philipp Albrecht
11. Sub-national Data Protection Laws in a EU Framework - Alexander Dix
12. Accountability - A Modern Approach to Regulating the 21st Century Data Environment - Richard Thomas
13. Privacy by debate. The European Data Protection Supervisor's Contribution to Collaboration between National Data Protection Authorities - Jacob Kohnstamm
14. SWIFT revisited - When do the Directive and the Proposed Regulation Apply? - Lokke Moerel

Part 5. The Transatlantic Perspective
15. A View from the European Parliament on EU-U.S. Relations - Sophie in 't Veld
16. Bridging the Divide: A Perspective on U.S.-EU Commercial Privacy Issues and Transatlantic Enforcement Cooperation - Julie Brill
17. Peter Hustinx and Three Cliches about EU-U.S. Data Privacy - Peter Swire
18. Privacy for a Global Information Society: High Standards, Global Cooperation, Flexibility for the Future - Daniel Weitzner
19. Foreign Nationals and Data Protection Law: A Transatlantic Analysis - Christopher Kuner
20. The Transatlantic Perspective: Data Protection and Competition Law - Pamela Jones Harbour

Part 6. The Contributions of the European Data Protection Supervisor
21. The EDPS as a Unique Stakeholder in the European Data Protection Landscape, Fulfilling the Explicit and Non-explicit Expectations - Paul de Hert and vagelis Papakonstantinou
22. Ten Years of Supervision of the EU Institutions and Bodies - Sophie Louveaux
23. Ten Years of Supervision of the EU Institutions and Bodies: Perspective of a DPO - Laraine Laudati
24. The Ombudsman and the EDPS: Promoting Transparency, the Protection of Personal Data, and Good Administration - P. Nikiforos Diamandouros

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