Critical Reflections on the EU's Data Protection Regime : GDPR in the Machine.

Format:

Book

Contributor:

Costello, Róisín Á ., editor.

Leiser, Mark, editor.

Series:

Hart Studies in Information Law and Regulation.

Hart Studies in Information Law and Regulation

Language:

English

Subjects (All):

Data protection.

Law and legislation--European Union countries.

Law and legislation.

Physical Description:

1 online resource (267 pages)

Edition:

1st ed.

Distribution:

London : Bloomsbury Publishing (UK), 2024.

Place of Publication:

Oxford : Hart Publishing, 2024.

System Details:

Mode of access: World Wide Web.

text file HTML

Summary:

This book brings together leading academics working on data protection law in the EU to analyse the most notable developments, and the most significant changes, which have occurred during the first 5 years of the GDPR. The book includes contributions analysing the efficacy of the Regulation's consent-based model, the struggle to regulate AdTech using the provisions of the GDPR, the controversy surrounding US-EU data sharing and the interaction of the Regulation with EU Fundamental Rights and other secondary laws regulating data. The book is unique in setting out to record a period of rapid development - and significant challenge - for EU law through its examination of these episodes in the life of the Regulation in a single text. Each chapter examines the changes introduced by the GDPR, analyses the effect of the Regulation in practice, and maps what the next 5 years holds for one of the world's most influential data privacy laws. The lineup of the editorial and author team reflects the pioneering role of female academics in data protection and GDPR discourse. In highlighting the controversies and conflicts which the Regulation has faced in its first 5 years, the book illuminates the significance of the GDPR's introduction in advancing our thinking about the function, form, and future of data protection law, and outlines those matters that remain to be resolved as the GDPR moves towards its first decade in force.

Contents:

Intro

Acknowledgements

Contents

Contributors

Table of Cases

Table of Legislation

Introduction

I. Text and Context

II. The Contributions to this Volume

1. The Problem of Invisible Power in Data Protection Law

I. Introduction

II. The Introduction of Computing and the Invisible Power Problem

III. Legal Protection against Invisible Power in EU Data Protection Law

IV. The Protection against Invisible Power in Practice

V. Conclusion

2. Assessing the Impact of Impact Assessments: Practical Questions Related to Article 35 of the GDPR

II. The DPIA Requirement of Article 35 of the GDPR

III. Procedural Vagueness

IV. Article 36 of the GDPR

V. Room for Improvement?

VI. Conclusion

3. The Question of Consent in European Data Protection Law

II. Consent and the GDPR

III. Consent and Autonomy

IV. The Problem with Consent

V. Challenges to the GDPR's General Consent Framework from AI

VI. Reconciling Data Scraping Practices with GDPR Compliance: Challenges and Opportunities in the Digital Age

VII. Circumventing the Consent Requirement Through Deceptive Design

VIII. Conclusion

4. Five Years of the Illegitimacy of Surveillance Advertising

I. Setting the Stage

II. Regulating Surveillance Advertising

III. The GDPR and Legitimising Surveillance Advertising

IV. Conclusion

Author's Note

5. Re-imagining Data Protection: Femtech and Gendered Risks in the GDPR

II. Risk in the GDPR

III. Gendered Risks and the GDPR

IV. Re-imagining the GDPR: A Gender Responsive Approach

6. Data Transfers, Schrems and the Future of Data Transfers under the GDPR

II. The Schrems Saga: A Game of Cat and Mouse

III. The EU-US Data Privacy Framework - Adequacy at Last?

IV. Conclusion.

7. Silent Reforms of the GDPR in the EU Digital Market Legal Revolution

II. Debiasing AI with Sensitive Data as a Substantial Public Interest: How Article 10(5) of the AI Act Builds on Article 9(2) of the GDPR

III. How Article 14 of the AI Act Supplements the Automated Decision-making Ban in Article 22 of the GDPR

IV. Changing Approaches to the Impact Assessment Model

V. Conclusion: Fil Rouge

8. Data Protection's Intersections: Reconciling Data Protection Requirements with Regulated Data Use Beyond the GDPR

II. The Formal Relationship between the GDPR and Other Mandating Legislation

III. The Rights to Privacy, Data Protection and Other Legal Instruments

IV. Intersecting Legislation - An Increasing Thicket

9. Article 82 GDPR and Non-Material Damages: Torn between Social and Economic Functions?

II. Social and Market Values in EU Law

III. Social and Market Values in EU Data Protection Law

IV. The Damages Jurisprudence of the CJEU

Conclusion

I. Report on the First Two Years of the GDPR

II. The Proposed Amendment to the GDPR

III. The Enforcement Battle Continues

Index.

Notes:

Includes bibliographical references and index.

ISBN:

1-5099-7787-2

1-5099-7785-6

1-5099-7786-4

OCLC:

1472988282