Privacy law Books

Book SynopsisThrough 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? The expert contributors examine the jurisprudence of the Court of Justice of the European Union, the case law of the European Court of Human Rights and decisions by national courts. Together, they explore how judiciaries balance privacy and data protection rights against other interests and investigate the influence European courts have on national judges. This book also probes the ways in which courts deal with strategic litigation aimed at law and policy reform and, in doing so, sheds light on the role and ability of courts to safeguard privacy and data protection rights. This topical resource will benefit both academics and students of law, particularly those interested in the protection of fundamental rights and freedoms. Both policy makers and legal professionals alike will benefit from the insight into the judicial decision-making activities concerning data protection.Contributors include: M. Brkan, C. Cuijpers, P. De Hert, C. Di Cocco, J. Eichenhofer, G. González Fuster, C. Gusy, M. Husovec, T. Kyriakou, O. Lynskey, T. Ojanen, E. Psychogiopoulou, G. SartorTrade Review'With the attention given in recent years to reform of the European legislative framework for privacy and data protection, the crucial role of the courts has sometimes been neglected. This important book fills this gap by providing authoritative and insightful commentary by a team of renowned scholars on the jurisprudence of European and national courts relating to privacy and data protection, particularly in the digital environment. It will be of great interest to anyone working in this field.' --Christopher Kuner, Brussels Privacy Hub, Belgium and editor-in-chief, International Data Privacy LawTable of ContentsContents: Foreword I. Introduction: Courts, Privacy and Data Protection in the Digital Environment Evangelia Psychogiopoulou and Maja Brkan 2. The Court of Justice of the EU, Privacy and Data Protection: Judge-made law as a leitmotif in fundamental rights protection Maja Brkan 3. The European Court of Human Rights, Privacy and Data Protection in the digital era Evangelia Psychogiopoulou 4. Courts, Privacy and Data protection in Belgium: Fundamental rights that might as well be struck from the Constitution Paul De Hert 5. Courts, privacy and data protection in Finland: Making privacy and data protection real with a little help from the courts Tuomas Ojanen 6. Courts, Privacy and Data Protection in Germany: Informational self-determination in the digital environment Johannes Eichenhofer and Christoph Gusy 7. Courts, Privacy and Data Protection in Greece: Systemic inconsistencies and incoherence in a rapidly changing landscape Tania Kyriakou 8. Courts, Privacy and Data Protection in Italy: Implied Constitutional Rights Claudio Di Cocco and Giovanni Sartor 9. Courts, Privacy and Data Protection in The Netherlands: European influence and trends in litigation Colette Cuijpers 10. Courts, Privacy and Data Protection in Slovakia: A Hesitant Guardian? Martin Husovec 11. Courts, Privacy and Data Protection in Spain: Experiencing data protection’s dominance Gloria González Fuster 12. Courts, privacy and data protection in the UK: Why two wrongs don’t make a right Orla Lynskey Index

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Book SynopsisFederica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book. Adopting a comparative approach focusing on the United States, Canada and Italy, Dr Giovanella skilfully explores the strategies through which judges solve conflicts between Internet users' data protection and copyright holders' enforceable rights. Using research centred on a selection of lawsuits in which copyright holders attempted to enforce their rights against Internet users suspected of illegal file-sharing, this book analyses the cases and regulatory frameworks concerning both privacy and copyright. Copyright and Information Privacy demonstrates that these decisions were ultimately the by-products of different policy conceptions of the two conflicting rights. Whilst providing a comprehensive analysis of the conflict between copyright and data protection, this book also stimulates the debate surrounding the role that judges have in balancing conflicting rights, and examines their reasoning in resolving such conflict, taking into consideration the process of conceptual balancing. Perceptive and contemporary in topic, this book will be beneficial to both scholars and students of intellectual property, privacy, and comparative law.Trade Review'Federica Giovanella's book represents a fascinating and unusual analysis of the way judges balance rights. Her comparative analysis and her thorough investigation of copyright and data protection law and of their conflicts sheds new light on balancing and on the role that judges play in legal systems.' --Giovanni Sartor, European University Institute, Italy'In a world where technological development allows new forms of copyright infringement and privacy violations, what is the basis of decisions taken by lower courts when they find themselves facing the conflict between privacy and copyright? In this elegantly written book Federica Giovanella takes us on a fascinating journey in different countries to explain how the conception of privacy and copyright affects judicial decision-making.' --Cedric Manara, EDHEC Business School, FranceTable of ContentsContents: Introduction 1. The thorny issue of balancing rights 2. Copyright and file-sharing regulation in the US, Canada and Italy 3. Personal data protection legislation 4. Copyright vs. data protection: case studies 5. Conclusions: Conceptual Balancing Bibliography Index

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Book SynopsisCountries are increasingly introducing data localization laws and data export restrictions, threatening digital globalization and inhibiting cloud computing's adoption despite its acknowledged benefits. Through a cloud computing lens, this multi-disciplinary book examines the personal data transfers restriction under the EU Data Protection Directive (including the EUUS Privacy Shield and General Data Protection Regulation). It covers historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data and control of access to data through security measures. The book further discusses data localization laws' failure to solve concerns regarding the topical and contentious issue of mass state surveillance. Its arguments are also relevant to other data localization laws, cross-border transfers of non personal data and transfers not involving cloud computing. Comprehensive yet accessible, this book is of great value to academics in law, policy, computer science and technology. It is also highly relevant to cloud computing/technology organisations and other businesses in the EU and beyond, data privacy professionals, policymakers and regulators.Trade Review'Data localization is not just a short-term phenomenon, but reflects a profound unease with increasing globalization, and a lack of certainty as to whether we want national borders carried over onto the online space. This book helps illuminate the choices that we face as a society in deciding where we want those boundaries to be set.' --Dr Christopher Kuner, Co-Director, Brussels Privacy Hub, VUB Brussel and Editor-in-chief, International Data Privacy Law'[D]isplaying great originality and rigour, (this book) makes the case that location-based personal data protection should have that ''Frankenrule'' replaced by regulation based on enforcement of security and encryption standards. With an interdisciplinary focus on law, computer security and industrial organisation (in technological and business value chains of data processing), this approach is to be recommended to legal scholars of the Internet.' --Dr Chris Marsden, Professor of Media Law, University of Sussex, UK'It should be read by every data protection supervisory authority and law-maker in Europe.' --Rosemary Jay, Author, Data Protection Law and PracticeTable of ContentsContents: Foreword by Rosemary Jay Foreword by Christopher Kuner 1. Background 2. Legislative history and objectives 3. The ‘transfer’ concept 4. Assumptions 5. Mechanisms and derogations 6. Compliance and enforcement 7. Access and security 8. Summary and recommendations Index

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Book Synopsis'A most welcome book on the most neglected of topics by a pioneering team of interdisciplinary scholars. The volume illuminates the rendering asunder of the borders that previously protected personal information, even when the individual was in ''public'' and helps us see the muddying of the simple distinction between public and private. The book asks what public and private mean (and should mean) today as smart phones, embedded sensors and related devices overwhelm the barriers of space, time, physicality, and inefficiency that previously protected information. This collection offers a needed foundation for future conceptualization and research on privacy in literal and virtual public spaces. It should be in the library of anyone interested in the social, policy and ethical implications of information technologies.'- Gary T. Marx, Massachusetts Institute of Technology'How we should think about privacy in public spaces in a world of artificial intelligence and ubiquitous sensors is among the most interesting and pressing questions in all of privacy studies. This edited volume brings together some of Europe and America's finest minds to shed theoretic and practical light on a critical issue of our time.'- Ryan Calo, University of Washington'The deepest conundrum in the privacy world-especially, in light of the internet of other people's things-is perhaps the notion of privacy in public. Unraveling this practically Kantian antinomy is the ambitious aim of this important new collection. Together and apart, this intriguing assemblage of scientists, social scientists, philosophers and lawyers interrogate subjects ranging from conceptual distinctions between ''space'' and ''place'' and the social practice of ''hiding in plain sight'', to compelling ideas such as ''privacy pollution'' and the problem of ''out-of-body DNA''. With this edited volume, the team from TILT has curated a convincing account of the importance of preserving privacy in increasingly public spaces.'- Ian Kerr, University of Ottawa, CanadaWith ongoing technological innovations such as mobile cameras, WiFi tracking, drones, and augmented reality, aspects of citizens' lives are becoming increasingly vulnerable to intrusion. This book brings together authors from a variety of disciplines (philosophy, law, political science, economics, and media studies) to examine privacy in public space from both legal and regulatory perspectives. The contributors explore the contemporary challenges to achieving privacy and anonymity in physical public space at a time when legal protection remains limited in comparison to `private' space. To address this problem, the book clearly demonstrates why privacy in public space needs defending. Different ways of conceptualizing and shaping such protection are explored, for example through `privacy bubbles', obfuscation and surveillance transparency, as well as by revising the assumptions underlying current privacy laws. Scholars and students who teach and study issues of privacy, autonomy, technology, urban geography and the law and politics of public spaces will be interested in this book.Contributors include: M. Brincker, A. Daly, A.M. Froomkin, M. Galic, J.M. Hildebrand, B.-J. Koops, M. Leta, K. Mause, M. Nagenborg, B.C Newell, A.E. Scherr, T. Timan, S.B. ZhaoTrade Review'At a time of rapid change in the technologies of surveillance and data capture, how are the spatial and informational dimensions of privacy to be articulated in ''public'' spaces? With the disruption of the distinction between the private and the public, where, when, and how may agents reasonably expect to control and maintain their own (private) space and their own (private) business? Drawing on a number of interdisciplinary perspectives, the contributions in this collection offer some valuable insights into how we might engage with these questions of privacy in public.' --Roger Brownsword, King's College London, UK'Public space is increasingly being privatised and enclosed or is subject to invasive surveillance raising a number of social, political, moral and legal questions. Adopting an interdisciplinary perspective and using empirical case studies, this volume usefully explicates a series of philosophical, legal and regulatory concerns and suggests possible responses. Collectively, the chapters add fresh impetus and insights to a long-standing and growing concern, producing a richer understanding of the relationship between privacy and public space.' --Rob Kitchin, Maynooth University, Ireland'Privacy in Public Space: Conceptual and Regulatory Challenges is a wonderful collection of chapters by contemporary privacy scholars. The book's distinctiveness arises both from the interdisciplinary approaches used by the authors to analyze various theoretical, contextual, and empirical issues, and from its singular focus on addressing the problem of privacy in public. Rich with theory and applications, the book is accessible, timely, and will repay a close reading.' --Adam D. Moore, University of Washington, USTable of ContentsContents: Introduction: Conceptual directions for privacy in public space Tjerk Timan, Bryce Clayton Newell, and Bert-Jaap Koops Part I: Philosophical and Empirical Insights 1. Conceptualising Space and Place: Lessons from Geography for the Debate on Privacy in Public Bert-Jaap Koops and Maša Galič 2. Hidden in plain sight Michael Nagenborg 3. Privacy in public and the contextual conditions of agency Maria Brincker 4. A politico-economic perspective on privacy in public spaces Karsten Mause 5. Visually Distant and Virtually Close: Public and Private Spaces in the Archives de la Planète (1909–1931) and Life in a Day (2011) Julia M. Hildebrand Part II: Law and Regulation 6. Exposure and concealment in digitized public spaces Steven B. Zhao 7. Covering up: American and European legal approaches to public facial anonymity after S.A.S. v France Angela Daly 8. Privacy impact notices to address the privacy pollution of mass surveillance A. Michael Froomkin 9. Privacy in Public Spaces: The Problem of Out-of-Body DNA Albert E. Scherr 10. The Internet of Other People’s Things Meg Leta Jones Conclusion 11. The need for privacy in public space Tjerk Timan Index

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Book SynopsisData not only represent an integral part of the identity of a person, they also represent, together with other essentials, an integral part of the identity of a state. Keeping control over such data is equally important for both an individual and for a state to retain their sovereign existence. This thought-provoking book elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. Information Sovereignty combines a philosophical and methodological analysis of the phenomena of information, sovereignty and privacy. Providing insights into previously unexplored parallels between information privacy and information sovereignty, it examines cross-border discovery, cybersecurity and cyber-defence operations, and legal regimes for cross-border data transfers, encompassing practical discussions from a fresh perspective. In addition, it offers an accessible overview of complex theoretical matters in the domain of Internet legal theory and international law and, crucially, a method to resolve situations where informational domains of individuals and/or states collide. This pioneering state-of the-art assessment of information law and legal theory is a vital resource for students, academics, policy-makers and practitioners alike, seeking a guide to the phenomena of information, sovereignty and privacy.Trade Review'This book deals with a crucial question not only for information law, but for law in general, namely how the concept of sovereignty should apply to flows of digital information in a globalized world. The authors have re-thought questions of jurisdiction and applicable law for the Internet age in a way that is at the same time learned, imaginative, entertaining, and illuminating.' --Christopher Kuner, VUB Brussel, Belgium and editor-in-chief, International Data Privacy Law'A provocative, well-argued and entertaining critique of jurisdictional dogmas. With pragmatism and creative flair, and with an eye to the informational realities of our age, the authors show why and how legal regulatory policy must be decoupled from its obsession with territoriality as the primary basis for asserting jurisdiction.' --Lee Andrew Bygrave, University of Oslo, NorwayTable of ContentsContents: Foreword by Vera Jourová, European Commissioner for Justice, Consumers and Gender Equality 1. Introduction 2. Potemkin’s laws 3. International information sovereignty 4. Private information sovereignty 5. The legal culture of the horse 6. A possible method for solving sovereignty clashes 7. Cybersecurity for hedgehogs 8. Law enforcement for hedgehogs 9. Cross-border data transfers for hedgehogs 10. Conclusions Bibliography Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Presenting a concise, yet wide-ranging and contemporary overview of the field, this Advanced Introduction to Privacy Law focuses on how we arrived at our privacy laws, and how the law can deal with new and emerging challenges from digital technologies, social networks and public health crises. This illuminating and interdisciplinary book demonstrates how the history of privacy law has been one of constant adaptation to emerging challenges, illustrating the primacy of the right to privacy amidst a changing social and cultural landscape. Key features include: Incisive analysis of the meaning and value of privacy and the ways in which legal, social and economic institutions respond to our understanding of privacy in contemporary society A uniquely concise, contextual approach to privacy law, examining privacy as a constantly evolving social phenomenon and the legal implications of its mutability Historical and comparative insights into privacy and data protection laws across the common law world. This richly detailed book is an informative and thought-provoking resource for students, academics and practitioners of privacy and data protection law. Its interdisciplinary insights will also appeal to those working in legal history, media and cultural studies, economics and political science.Trade Review'Megan Richardson's work on privacy is evangelical. It explains the origins and teaching of privacy and navigates wisely between hope and despair with respect to privacy in this age of Surveillance Capitalism. This well written gospel (or ''good news'') of privacy law will not only inform the mind, but more importantly, inspire vibrant spiritual adherence to this unique construct of the human species.' --Paul de Hert, Brussels University-Tilburg, Belgium'Megan Richardson's superb new book Advanced Introduction to Privacy Law provides an overview of privacy law that is concisely written yet broad in its scope, accessible to non-experts yet rich in its insights. Focusing on the Anglo-American legal tradition but drawing upon its interactions with EU law and other jurisdictions, Richardson masterfully steers readers through the historical roots and multiple strands of privacy law to the challenges of the contemporary digital world. I will definitely be recommending this book to students, colleagues, and privacy professionals alike.' --Lisa Austin, University of Toronto, Canada'This Advanced Introduction to Privacy Law is an exceptional book. Clearly written and accessible, it provides a detailed and nuanced account of the key theoretical and legal issues at the heart of contemporary debates about privacy. This book makes a substantial contribution to the field and is essential reading for anyone interested in the future of privacy.' --Benjamin Goold, University of British Columbia, CanadaTable of ContentsContents: Preface 1. Introduction 2. Meaning and value of privacy 3. Regulating for privacy 4. Privacy law in transition 5. Changing the paradigm Appendix: Rights to privacy/private life in human rights texts Select Bibliography Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Presenting a concise, yet wide-ranging and contemporary overview of the field, this Advanced Introduction to Privacy Law focuses on how we arrived at our privacy laws, and how the law can deal with new and emerging challenges from digital technologies, social networks and public health crises. This illuminating and interdisciplinary book demonstrates how the history of privacy law has been one of constant adaptation to emerging challenges, illustrating the primacy of the right to privacy amidst a changing social and cultural landscape. Key features include: Incisive analysis of the meaning and value of privacy and the ways in which legal, social and economic institutions respond to our understanding of privacy in contemporary society A uniquely concise, contextual approach to privacy law, examining privacy as a constantly evolving social phenomenon and the legal implications of its mutability Historical and comparative insights into privacy and data protection laws across the common law world. This richly detailed book is an informative and thought-provoking resource for students, academics and practitioners of privacy and data protection law. Its interdisciplinary insights will also appeal to those working in legal history, media and cultural studies, economics and political science.Trade Review'Megan Richardson's work on privacy is evangelical. It explains the origins and teaching of privacy and navigates wisely between hope and despair with respect to privacy in this age of Surveillance Capitalism. This well written gospel (or ''good news'') of privacy law will not only inform the mind, but more importantly, inspire vibrant spiritual adherence to this unique construct of the human species.' --Paul de Hert, Brussels University-Tilburg, Belgium'Megan Richardson's superb new book Advanced Introduction to Privacy Law provides an overview of privacy law that is concisely written yet broad in its scope, accessible to non-experts yet rich in its insights. Focusing on the Anglo-American legal tradition but drawing upon its interactions with EU law and other jurisdictions, Richardson masterfully steers readers through the historical roots and multiple strands of privacy law to the challenges of the contemporary digital world. I will definitely be recommending this book to students, colleagues, and privacy professionals alike.' --Lisa Austin, University of Toronto, Canada'This Advanced Introduction to Privacy Law is an exceptional book. Clearly written and accessible, it provides a detailed and nuanced account of the key theoretical and legal issues at the heart of contemporary debates about privacy. This book makes a substantial contribution to the field and is essential reading for anyone interested in the future of privacy.' --Benjamin Goold, University of British Columbia, CanadaTable of ContentsContents: Preface 1. Introduction 2. Meaning and value of privacy 3. Regulating for privacy 4. Privacy law in transition 5. Changing the paradigm Appendix: Rights to privacy/private life in human rights texts Select Bibliography Index

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Book SynopsisThis book addresses the growing importance of trade secrets in today's society and business and the related increase in litigation, media and scholarly attention. Written by a team of international experts, it uses the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved. Featuring both EU and wider international perspectives, chapters examine the Directive's aim of harmonizing legislation on the protection of trade secrets across the EU, and discuss how this has been implemented by member states. Contributors also explore the effects of the new regime on contentious issues and crucial sectors such as medicine, big data and AI, as well as considering its relationship with US law in particular. Scholars and students of patent law, innovation, and EU law and governance, particularly those with an interest in the topic of information freedom, will find this book of great significance in their research. Practitioners working in trade secrets and intellectual property more broadly will also find this book's comprehensive analysis of the Directive and its practical implications invaluable. Contributors include: T. Aplin, R. Arnold, N. Bruun, R. Cooper Dreyfuss, B. Díaz Alaminos, B. Domeij, N. Lee, T. Minssen, A. Nordberg, A. Ohly, N. Rajam, T. Riis, S.K. Sandeen, J. Schovsbo, J.S. Sherkow, H. Udsen, B. van der Donk, M. van EechoudTrade Review'As the first wave of national implementations of the EU Trade Secrets Directive has hit, it is of great interest to identify the central issues of the new legal framework in different jurisdictions. This timely contribution delivers just that: a number of perspectives from different EU countries give account of their respective national implementation and prepare the stage for a valuable comparative law perspective on the protection of Trade Secrets. Moreover, the book encompasses a cutting-edge assessment of the Directive's effects on topical issues (employee mobility, big data, AI, personalised medicine, etc).' --Matthias Leistner, Ludwig-Maximilians-Universität München, GermanyTable of ContentsContents: I. Introduction Jens Schovsbo, Timo Minssen, Thomas Riis 1. An Appraisal of the EU Directive on Trade Secrets II. The Directive and Its Context 2. The Directive on Trade Secrets and its Background Jens Schovsbo 3. Trade Secret Law as part of Information Law Henrik Udsen, Jens Schovsbo and Berdien van der Donk 4. Through the Looking Glass: Trade Secret Harmonization as a Reflection of U.S.Law Sharon K. Sandeen III. Implementation of the Directive 5. UK Implementation of the Trade Secrets Directive Tanya Aplin and Richard Arnold 6. The Implementation of the Trade Secrets Directive in the Nordic Countries Jens Schovsbo and Niklas Bruun 7. Germany: The Trade Secrets Protection Act of 2019 Ansgar Ohly 8. Implementation of the Trade Secrets Directive into National Law: Portugal and Spain Ana Nordberg and Bárbara Díaz Alaminos IV. Specific issues 9. The Trade Secrets Directive and Employees Bengt Domeij 10. Choice of Law in EU Trade Secrecy Cases Rochelle Cooper Dreyfuss and Mireille van Eechoud 11. Trade Secrets, Big Data and Artifical Intelligence Innovation: a Legal Oxymoron? Ana Nordberg 12. Enforcement of Rights in Trade Secrets Thomas Riis V. Specific sectors 13. AIRR Data Under the E.U. Trade Secrets Directive: Aligning Scientific Practices with Commercial Realities Jakob S. Sherkow and Timo Minssen 14. Protection for Artificial Intelligence in Personalised Medicine–The Patent / Trade Secret Trade Off Nari Lee 15. The Impact of Trade Secrets for Publicly Funded Research Collaborations in Europe Neethu Rajam Index

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Book SynopsisThis groundbreaking book explores the new legal and economic challenges triggered by big data, and analyses the interactions among and between intellectual property, competition law, free speech, privacy and other fundamental rights vis-à-vis big data analysis and algorithms. Offering both theoretical and practical insights, contributions illustrate the disruptive nature of the data-driven economy. Chapters discuss how products and services are digitalised and broken into bits, that in turn are reassembled, traded and used across sectors and borders, in contrast to how algorithms are already used to influence our choices, govern our news feeds and revolutionise business models at large. Having shown algorithms and big data to be the two fundamental driving forces of the new information society, expert authors explore which policy options, institutional frameworks and values should be adopted by lawmakers and regulatory authorities in order to ensure a fair balance between private interests such as competition, innovation and the fundamental rights of individuals. Innovatively combining both public and private law perspectives, this unique book will provide a valuable resource for scholars and students of information and technology law, media law, privacy, regulatory and human rights law. Its attention to the latest developments will also prove essential for policymakers and practitioners working in related areas.Table of ContentsContents: Introduction – Joe Cannataci, Valeria Falce, Oreste Pollicino 1. Big Data and Big Database between Privacy and Competition Sofia Oliveira Pais 2. Competition Challenges of Big Data: Algorithmic Collusion, Personalised Pricing and Privacy Antonio Capobianco and Pedro Gonzaga 3. Antitrust Enforcement and Privacy Standards Renato Nazzini 4. Mergers, Data Markets and Competition Damiano Canapa 5. Platforms Role and Intermediary Responsibility Vicente Bagnoli 6. Global Big Data and Consumer Law Mateja Durovic and Franciszek Lech 7. Data as an Input in Competition Law Cases – Standards, Difficulties and Biases in EU Merger Control Rupprecht Podzsun and Sarah Langenstein 8. Breaking Down Information Silos with Big Data: A Legal Analysis of Data Sharing Giovanni De Gregorio and Sofia Ranchordas 9. The Relationship between Freedom of Expression and Big Data Oleg Soldatov 10. Lawless Social Networks and Big Data as Safe Net for Children Shulamit Almog and Liat Franco 11. Artificial Intelligence in the Big Data era: Risks and Opportunities Francesca Lagioia and Giovanni Sartor Index

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Book SynopsisThis timely book investigates emerging efforts to govern artificial intelligence (AI) at an international level. It emphasizes the complex interactions involved when creating international norms related to potential and current developments in AI regulation.Organized into four parts, The International Governance of Artificial Intelligence demonstrates how formal and informal standards for AI are emerging from stakeholder interactions. With the objective of describing a nascent transnational law on AI use, chapters survey the various global realities that affect AI governance, concluding that AI law should ultimately be evaluated against the measure of international human rights.Students of law and governance will benefit from this book, particularly when studying emerging technologies, international economic law and general international law. Those researching policy creation and regulation will additionally find it to be an enlightening read.Table of ContentsContents: Preface Introduction to The International Governance of Artificial Intelligence PART I AI AND INTERNATIONAL GOVERNANCE 1. The need for the international governance of AI 2. AI actors and the landscape of AI regulation PART II SOURCES OF THE INTERNATIONAL GOVERNANCE OF AI 3. AI and the market 4. AI developers, associations, and the academic community 5. AI, the state, and national law 6. AI and international law 7. AI and international organizations 8. AI and international civil society PART III INTERNATIONAL AI GOVERNANCE IN PERSPECTIVE 9. International AI governance in a time of retrenchment 10. International human rights as ‘ideal’ AI governance PART IV CONCLUSIONS 11. Conclusion. Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This timely Advanced Introduction traces the evolution of consumer data privacy laws in the US through a historical lens, and then sets out the current state of play. Waldman describes how privacy laws benefit corporate interests, and highlights the deficiencies of the present approach to the surveillance economy. In looking to the future, the author advocates a radical new way of thinking about the goals and tools of privacy law and provides a roadmap for avoiding privacy nihilism by rejuvenating public governance and protecting privacy in the digital age.Key Features: Concise and accessible approach to a fast-changing area Novel conceptualisation of first, second, and third waves of privacy law In-depth critique of current and historic privacy law, challenging traditional literature Focuses on practical ways to address.– deficiencies of current laws The Advanced Introduction to U.S. Data Privacy Law will be an invaluable resource for students and scholars of privacy, as well as those in information, media and technology law. It will also be an essential guide for policy-makers and privacy lawyers seeking to understand the past, present, and future of data privacy.Trade Review‘Waldman has given us an indispensable critical reflection on US privacy law. This concise book is beautifully written, and its description and diagnosis are crystal clear. It provides a compelling alternative to our failed “notice and choice” and managerial approaches to privacy law. This is a vital intervention.’ -- Woodrow Hartzog, Boston University, US and author of Privacy’s Blueprint: The Battle to Control the Design of New Technologies‘Ari Waldman has written a superb and insightful critique of privacy law, chronicling where it has been, where it is now, and where it needs to go to achieve the kind of privacy all people need to flourish. And, importantly, this book is accessible. Policymakers need to read this. Students and professors will find it illuminating and clear. Anyone interested in privacy will learn from it.’ -- Danielle Keats Citron, University of Virginia School of Law, US, and author of The Fight for Privacy‘Professor Waldman provides a superb overview of the complex body of law regulating privacy. He offers a blistering critique of the law for often doing more harm than good. Accessible and succinct, Waldman’s account of privacy law is illuminating and thought-provoking.’ -- Daniel J. Solove, George Washington University Law School, US, and author of Understanding PrivacyTable of ContentsContents: Preface 1. Introduction to U.S. data privacy law PART I PRIVACY LAW’S FIRST WAVE. 2. The first wave of notice-and-consent 3. The illusions of the first wave PART II PRIVACY LAW’S SECOND WAVE 4. Rights and compliance 5. The weaknesses of individual privacy rights 6. Symbolic compliance and the managerialization of privacy law PART III PRIVACY LAW’S THIRD WAVE 7. Alternatives to the first and second waves 8. Conclusions on U.S. Data Privacy Law Bibliography Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This succinct Advanced Introduction delivers insights into the pressing technological, political, and legal challenges of cybersecurity. Exploring cybersecurity threats on both a national and global scale, it provides guidance on how countries use domestic and international law to counter crime, terrorism, espionage, and armed conflict in cyberspace. Key features: Centres cybersecurity law within the internet as a technology, cyberspace as a political and governance space, and transformations in international relations over the past twenty years Tracks how the development of policies on responding to different cyber threats, improving cyber defences, and increasing cyber deterrence affects the use and effectiveness of cybersecurity law Analyses whether the ongoing evolution of cyber threats changes, or should change, how countries apply domestic and international law to counter cybersecurity challenges concerning crime, terrorism, espionage, and armed conflict This Advanced Introduction is an invaluable resource for researchers and students of law, public policy, and international relations focusing on how digital technologies, the internet, and cyberspace affect world affairs. It also serves as an accessible entry point for government, corporate, and NGO staff concerned with cybersecurity law.Trade Review‘David Fidler’s review of the contemporary complexities of cybersecurity law and its application comes at a critical time. He has hit the nail on the head in writing that “. . . governments extensively use policy and law in responding to cybersecurity threats” - while also underlining the limitations of both in today’s rapidly-evolving international system.’ BR> -- Deborah Housen-Couriel, Hebrew University of Jerusalem, Israel‘True to its title, Advanced Introduction to Cybersecurity Law offers both an excellent entry point for readers unfamiliar with the domestic and international legal issues raised by a rising number of cybersecurity threats (and capacities) alongside a sophisticated survey of the extant geopolitical, ideological, and technical contexts that will benefit existing experts. With careful and concise assessments of the regime complexes that address cyber manifestations of four security threats - crime, terrorism, espionage, and armed conflict - Fidler’s work offers a clear-eyed view of present challenges alongside a critical analysis of the law’s capacity to redress them in the coming years.’ -- Duncan B. Hollis, Temple University, School of Law, USTable of ContentsContents: Foreword PART I BACKGROUND FOR CYBERSECURITY LAW 1. Introduction: Cybersecurity and cybersecurity law 2. Cyberspace, security, and law PART II CYBERSECURITY AND NON-STATE ACTORS: CRIME AND TERRORISM IN CYBERSPACE 3. Cybercrime 4. Cyber terrorism PART III CYBERSECURITY AND STATE ACTORS: ESPIONAGE AND WAR IN CYBERSPACE 5. Cyber espionage 6. Cyber war 7. Conclusion: Cybersecurity law in a divided world Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This succinct Advanced Introduction delivers insights into the pressing technological, political, and legal challenges of cybersecurity. Exploring cybersecurity threats on both a national and global scale, it provides guidance on how countries use domestic and international law to counter crime, terrorism, espionage, and armed conflict in cyberspace. Key features: Centres cybersecurity law within the internet as a technology, cyberspace as a political and governance space, and transformations in international relations over the past twenty years Tracks how the development of policies on responding to different cyber threats, improving cyber defences, and increasing cyber deterrence affects the use and effectiveness of cybersecurity law Analyses whether the ongoing evolution of cyber threats changes, or should change, how countries apply domestic and international law to counter cybersecurity challenges concerning crime, terrorism, espionage, and armed conflict This Advanced Introduction is an invaluable resource for researchers and students of law, public policy, and international relations focusing on how digital technologies, the internet, and cyberspace affect world affairs. It also serves as an accessible entry point for government, corporate, and NGO staff concerned with cybersecurity law.Trade Review‘David Fidler’s review of the contemporary complexities of cybersecurity law and its application comes at a critical time. He has hit the nail on the head in writing that “. . . governments extensively use policy and law in responding to cybersecurity threats” - while also underlining the limitations of both in today’s rapidly-evolving international system.’ BR> -- Deborah Housen-Couriel, Hebrew University of Jerusalem, Israel‘True to its title, Advanced Introduction to Cybersecurity Law offers both an excellent entry point for readers unfamiliar with the domestic and international legal issues raised by a rising number of cybersecurity threats (and capacities) alongside a sophisticated survey of the extant geopolitical, ideological, and technical contexts that will benefit existing experts. With careful and concise assessments of the regime complexes that address cyber manifestations of four security threats - crime, terrorism, espionage, and armed conflict - Fidler’s work offers a clear-eyed view of present challenges alongside a critical analysis of the law’s capacity to redress them in the coming years.’ -- Duncan B. Hollis, Temple University, School of Law, USTable of ContentsContents: Foreword PART I BACKGROUND FOR CYBERSECURITY LAW 1. Introduction: Cybersecurity and cybersecurity law 2. Cyberspace, security, and law PART II CYBERSECURITY AND NON-STATE ACTORS: CRIME AND TERRORISM IN CYBERSPACE 3. Cybercrime 4. Cyber terrorism PART III CYBERSECURITY AND STATE ACTORS: ESPIONAGE AND WAR IN CYBERSPACE 5. Cyber espionage 6. Cyber war 7. Conclusion: Cybersecurity law in a divided world Index

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Book SynopsisAs the COVID-19 pandemic surged in 2020, questions of data privacy, cybersecurity, and ethics of the surveillance technologies centred an international conversation on the benefits and disadvantages of the appropriate uses and expansion of cyber surveillance and data tracking. This timely book examines and answers these important concerns.Pandemic Surveillance frames and defines digital privacy and security in the context of emerging surveillance technologies, providing informed dialogue on international conversations regarding pandemic surveillance. The book examines the challenges of regulating pandemic surveillance technologies across diverse geographical settings, including Europe and Latin America, along with comparative analysis of social credit systems in China and the United States. Margaret Hu and her impressive selection of contributors explore the legal, scientific and ethical challenges in a world with a growing data surveillance architecture, providing policy recommendations and forward-looking solutions, including the importance of ethical frameworks, to minimise potential misuse and abuse of surveillance technologies.Delivering a well-rounded examination of pandemic surveillance and data-tracking technologies, this book is a crucial read for researchers and scholars focused on information security and data privacy, including specialists in the area of cyber ethics and data ethics. Students and academics interested in health policy and bioethics will also benefit from the insights in this text.Trade Review‘Ruptures can help us see society in new ways. By interrogating the surveillance practices during the COVID-19 pandemic from different angles, the essays in this book insightfully reveal a range of challenges to privacy in a data-saturated world.’ -- danah boyd, author of It's Complicated: The Social Lives of Networked TeensTable of ContentsContents: Introduction 1 Margaret Hu PART I DIGITAL PRIVACY, SECURITY, AND EMERGING SURVEILLANCE TECHNOLOGIES 1 Mass surveillance in the age of COVID-19 6 Natalie Ram and David Gray 2 Balancing the pursuit of knowledge against the preservation of privacy 27 Davi Ottenheimer 3 Surveillance and pandemic in Brazil: an essay in three acts 42 Nathalie Fragoso, Clarice Tavares, and Jade Becari 4 Frictionless pandemic surveillance and social credit systems 64 Margaret Hu 5 The developing narratives of pandemic surveillance 86 Joshua Fairfield PART II CONTEXTUALIZING CHALLENGES IN REGULATING PANDEMIC SURVEILLANCE 6 Pandemic surveillance and US foreign surveillance 105 Peter Margulies 7 Regulating privacy and data ethics in the context of the UK’s contact tracing apps 114 Ian Brown 8 Privacy and pandemic surveillance apps in Latin America 136 María Soledad Segura 9 Implementing effective digital privacy policy: the road ahead in post-pandemic times 148 Stuart N. Brotman 10 Tracing the invisible: information fiduciaries and the pandemic 158 Anne L. Washington and Lauren Rhue PART III LEGAL AND ETHICAL CONSIDERATIONS MOVING FORWARD 11 Pandemic surveillance: ethics at the intersection of information, research, and health 187 Daniel Susser 12 Using personal data and data-driven technologies for research and public health in the context of the COVID-19 pandemic 197 Bethânia de Araújo Almeida 13 Pandemic ethics: the intersection of technology, trust, and privacy, and implications for marginalized communities 204 Jolynn Dellinger 14 Of pandemics and progress 216 Andrea M. Matwyshyn Index

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Book SynopsisThe Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring presents new findings and perspectives from leading international scholars on several emerging areas issues in legal and economic research. The collection contains new theoretical papers on privacy, the protection of personal data, the use of regulatory monitoring under legal standards versus rules, a study of the properties of market efficiency in securities fraud litigation, as well as an analysis of non-exclusionary price floors. It also contains an empirical paper on the relationship between uncertainty of patent approval of artificial intelligence applications and the Supreme Court’s decision in Alice Corp. v. CLS Bank International. Finally, the volume features a law-and-economics assessment of the Chinese financial system within the context of the trade-off between centralized control and rapid growth. This 30th volume of Research in Law and Economics showcases the cutting edge theoretical and empirical findings for researchers and professionals considering these complex issues intersecting law, technology, and economics.Table of ContentsChapter 1. The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring; Frank Fagan and James Langenfeld Chapter 2. The right to be informed and the right to be forgotten. Welfare implications in presence of myopic consumers; Carlo Capuano, Iacopo Grassi, and Giacomo Valletta Chapter 3. Privacy as Vulnerability Protection: Optimizing Trade-Offs with Opportunities to Gain Knowledge; Björn Fasterling Chapter 4. Innovating under Uncertainty: The Patent-Eligibility of Artificial Intelligence after Alice Corp. v. CLS Bank International; Ryan Whalen and Raphael Zingg Chapter 5. Market Efficiency and Securities Fraud Litigation; Roland Eisenhuth and David Marshall Chapter 6. Legal Standards and Incomplete Monitoring; David Hasen Chapter 7. A Note on The Law and Economics of Non-Exclusionary Price Floors; Dennis L. Weisman Chapter 8. Lending in China; Frank Fagan

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Book SynopsisRevealing the politics underlying the rapid globalization of facial recognition technology (FRT), this topical book provides a cutting-edge, critical analysis of the expanding global market for FRT, and the rise of the transnational social movement that opposes it.With the use of FRT for policing, surveillance, and business steadily increasing, this book provides a timely examination of both the benefits of FRT, and the threats it poses to privacy rights, human rights, and civil liberties. Interviews with analysts and activists with expertise in FRT find that the anti-FRT movement is highly uneven, with disproportionate influence in Western democracies and relatively little influence in authoritarian states and low-income countries in the developing world. Through a global analysis of the uptake and regulation of FRT, chapters create a holistic understanding of the politics behind this technology. Concluding with a look towards the future prospects of FRT in the face of the growing size, reach, and power of its opposition, the book reflects more broadly on the power of transnational social movements and civil society activism to prevent the globalization and normalization of new technologies.A visionary exploration of FRT, this book will be invaluable to students and scholars of politics and policy, alongside activists, stakeholders, and policy makers interested in the growing power of social movements to resist new technology.Trade Review‘Facial recognition technologies (FRT) are spreading rapidly worldwide, and have become embedded in numerous everyday government and corporate practices. This widespread adoption has prompted extensive criticism, particularly from civil society groups concerned about human rights abuses and discriminatory impacts for marginalized and vulnerable communities. In Identified, Tracked, and Profiled, Peter Dauvergne provides a much-needed and thoroughly comprehensive overview of the regulatory issues and policy disputes around FRT. This book is essential reading for those interested in political contests over our changing digital landscape.’ -- Ron Deibert, University of Toronto, CanadaTable of ContentsContents: PART I INTRODUCTION 1. Introducing facial recognition technology 2. Resisting the normalization of facial recognition PART II REINING IN FACIAL RECOGNITION TECHNOLOGY 3. The movement to oppose facial recognition 4. The politics of facial recognition bans in the United States 5. Regulating facial recognition in the United States 6. Rising global opposition to face surveillance PART III THE GLOBAL POLITICAL ECONOMY OF FACIAL RECOGNITION 7. The corporate politics of facial recognition 8. The everyday politics of facial recognition in China 9. The globalization of facial recognition technology PART IV CONCLUSIONS 10. The future of facial recognition technology Appendix: interviews Index

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Book SynopsisThis insightful book provides a timely review of the potential threats of advertising technologies, or adtech. It highlights the need to protect internet users not only from privacy risks, but also as consumers and citizens online dealing with a highly complex technological setting.Jiahong Chen illustrates a concise overview of the technical, economic and legal aspects of adtech together with coverage of other important areas. These include: the ongoing debates around online advertising and data protection, an up-to-date analysis of the application of the GDPR, and insights into both the practices and theories of the regulation of data protection law. The book provides a clear picture of what is truly at stake with online advertising practices, concluding with a critical assessment of the current regime and a proposed approach to reform data protection laws.This book will provide essential reading for researchers and law students requiring an overview of the legal framework and current practices, alongside legal practitioners and policymakers evaluating the benefits and risks of data-driven technologies.Trade Review‘One of the key battles in the current fight for values and rights online is between consumers and the adtech industry. This book is an invaluable guide to this evolving battleground as it comprehensively steers the reader through the European law and policy on online behavioural targeting.’Table of ContentsContents: PART I THE SET-UP Introduction to Regulating Online Behavioural Advertising Through Data Protection Law 1. The techno-economic landscape of OBA 9 PART II THE STAKES 2. Claims of legitimate interests and societal benefits of OBA 37 3. Individualistic and societal risks of OBA 57 PART III THE LAW 4. Data protection principles governing OBA 5. Lawful grounds legitimizing data uses for OBA 6. ‘Consent + necessity 2.0’: the regulatory blind spots PART IV THE POSSIBILITIES 7. Diversifying the data protection regulatory toolbox Conclusion to Regulating Online Behavioural Advertising Through Data Protection Law Index

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Book SynopsisThis book paves the way for, and initiates, the second-generation of research in European private law subsequent to the Draft Common Frame of Reference (DCFR) needed for the 21st century.The book gives a voice to the growing dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. The contributions in this book focus on the legitimacy of law making through academics both now and in the future, and on the possible conceptual choices which will affect the future of European private law. Drawing on experience gained from the DCFR the authors advocate the competition of ideas and concepts.This fascinating book will be a must-read for European lawyers, private lawyers in the Member States and academics dealing with conceptual issues of the future of the national and the European private law. Advanced students in both law and international business will also find this book invaluable, as will US scholars interested in the US?EU comparison of different legal orders.Trade Review‘The book is a “must read” for anybody interested in the future development of European private law.’ -- European Private Law News‘This volume contains a valuable collection of essays by a group of reputable academics, each dealing with a particular aspect of the development of a substantive law of contract at European level. The contributors have a variety of interests and perspectives. The topic is clearly of great current interest throughout the European Union and beyond.’ -- Peter Stone, University of Essex, UK‘European Private Law after the Common Frame of Reference brings together several interesting contributions from a distinguished group of scholars, and sheds light on the important issue of legal harmonization from an interdisciplinary and comparative perspective.’ -- Francesco Parisi, University of Minnesota, US and University of Bologna, Italy‘The Common Frame of Reference has several potential functions, some reconcilable, others mutually exclusive. Its size, its shape, its true legal nature and its content - all remain contested. Modest or ambitious, toolbox or code-in-waiting? Its chameleon character is its strength and simultaneously its weakness, and equally the reason why it has attracted such attention. In this book the editors have assembled a veritable “who’s who” in the field and it is a terrific read.’ -- Stephen Weatherill, University of Oxford, UKTable of ContentsContents: Introduction Hans-W. Micklitz and Fabrizio Cafaggi 1. Towards a European Private Law? The Common Frame of Reference in the Conflict between EC Law and National Laws Alessandro Somma 2. The Interpretation According to Human Rights, Fundamental Freedoms and Constitutional Laws (art. 1:102 DCFR) Giuseppe Vettori 3. The Role of Competition in the European Codification Process Stefan Grundmann 4. The Public/Private Divide in European Law Norbert Reich 5. The Draft Common Frame of Reference: How to Improve it? Jan M. Smits 6. The Empirical Missing Links in the Draft Common Frame of Reference Fernando Gomez 7. A Spontaneous Order for Europe? Why Hayek’s Libertarianism is not the Right Way Forward for European Private Law Martijn W. Hesselink 8. The Authority of an Academic ‘Draft Common Frame of Reference’ Nils Jansen 9. Legal Innovation in European Contract Law: Within and Beyond the (Draft) Common Frame of Reference Florian Möslein 10. Fitting the Frame: An Optional Instrument, Party Choice and Mandatory/Default Rules Horatia Muir Watt and Ruth Sefton-Green Index

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Book SynopsisThis concise yet detailed book explores the historical foundations and modern developments of the ancient doctrine of breach of confidence. The authors show that despite its humble beginnings, stilted development and air of quaintness the doctrine has modern relevance and influence, its sense of 'trust and confidence' still resonating with the information society of today. Topical chapters include, 'Inventing an equitable doctrine', 'Privacy and publicity in early Victorian Britain', 'Searching for balance in the employment relationship', as well as many others. Breach of Confidence will make insightful reading for all those interested in issues of privacy and information, and will appeal strongly to practicing lawyers and judges as well as academic researchers and postgraduate law students.Trade Review’[T]his book is a valuable addition to the literature on breach of confidence.’ -- Richard Arnold, Journal of Intellectual Property Law and Practice’Well received internationally, the book offers a ''shrewd and scholarly'' treatment of this often complex area, largely from an historical perspective to which the authors assign direct relevance to today's information-based society. . . an important research tool not just for lawyers and judges, but academics, students and, dare we say, interested journalists. -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineThe authors of this important book have done a great service to our understanding of this fascinating area of law. Their shrewd and scholarly study traces the development and ''myriad reinventions'' of this protean doctrine from its eighteen century origins through to its most recent manifestation as a private-facts ''tort'' in English law, enriching legal analysis with consideration of the philosophical, social and economic contexts. Common law privacy scholars in particular will find that this book directly illuminates contemporary debates. -- Gavin Phillipson, University of Durham, UKTable of ContentsContents: 1. Introduction and Synopsis 2. Inventing an Equitable Doctrine 3. Privacy and Publicity in Early Victorian Britain 4. Secrecy and Late Victorian Markets for Information 5. The Forgotten Years of Breach of Confidence 6. Searching for Balance in the Employment Relationship 7. Revival of an ‘Ancient Doctrine’ 8. Epilogue: The Reinvention of Tradition Appendix: Digest of Nineteenth Century Cases Index

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Book SynopsisDigital communications technology has immeasurably enhanced ourcapacity to store, retrieve, and exchange information. But who controlsour access to information, and who decides what others have a right toknow about us? In Controlling Knowledge, author LornaStefanick offers a thought-provoking and user-friendly overview of theregulatory regime that currently governs freedom of information and theprotection of privacy. Aiming to clarify rather than mystify, Stefanick outlines thehistory and application of FOIP legislation, with special focus on howthese laws affect the individual. To illustrate the impact of FOIP, sheexamines the notion of informed consent, looks at concerns aboutsurveillance in the digital age, and explores the sometimes insidiousinfluence of Facebook. Specialists in public policy and publicadministration, information technology, communications, law, criminaljustice, sociology, and health care will find much here that bearsdirectly on their work, while students and general readers will welcomethe book’s down-to-earth language and accessible style. Intended to serve as a “citizen’s guide,”Controlling Knowledge is a vital resource for anyone seekingto understand how freedom of information and privacy protection arelegally defined and how this legislation is shaping our individualrights as citizens of the information age.Table of ContentsPreface and Acknowledgements ... ix 1. An Introduction to Freedom of Information and PrivacyProtection ... 1 Accessing and Protecting Electronic Data ... 1 Accountability and Autonomy ... 5 Unpacking the Concepts ... 8 Transparency, Privacy, and Good Governance ... 13 Overview of the Book ... 23 2. Privacy Protection ... 29 The Many Dimensions of Privacy ... 29 The March Toward Regulation ... 37 Data Flow, the Thirst for Information, and the Problems of Privacy Protection ... 46 Privacy Protection, Personal Autonomy, and Control ... 59 3. Freedom of Information (FOI) ... 63 Transparency for the Public Good ... 63 The March Toward Regulation ... 71 Administrative Practice: Challenges to the Culture of Openness ... 79 Information Access, Equity, and Fairness ... 93 4.Sharing Medical Information: Antidote or Bitter Pill? ... 97 The Special Case of Health Information ... 97 Electronic Health Records ... 99 Privacy and Confidentiality ... 103 Secondary Uses of Medical Information ... 111 Managing Health Information ... 122 5. Surveillance in the Digital Age ... 125 Surveillance as a Form of Social Control ... 125 Modern Forms of Watching ... 128 Whither Watching? ... 155 6. Social Networking: The Case of Facebook ... 157 The Creation of Online Personalities ... 157 The Power and Perils of Virtual Communities ... 162 Digital Identities, the Commodification of Personality, and theBacklash ... 172 The Future of Facebook ... 182 7. Balancing Freedom of Information and the Protection ofPrivacy ... 187 Questions for Discussion ... 197 Notes ... 205 Selected Bibliography ... 231 Index ... 243

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Book SynopsisThis book examines how face recognition technology is affecting privacy and confidentiality in an era of enhanced surveillance. Further, it offers a new approach to the complex issues of privacy and confidentiality, by drawing on Joseph K in Kafka’s disturbing novel The Trial, and on Isaiah Berlin’s notion of liberty and freedom. Taking into consideration rights and wrongs, protection from harm associated with compulsory visibility, and the need for effective data protection law, the author promotes ethical practices by reinterpreting privacy as a property right. To protect this right, the author advocates the licensing of personal identifiable images where appropriate.The book reviews American, UK and European case law concerning privacy and confidentiality, the effect each case has had on the developing jurisprudence, and the ethical issues involved. As such, it offers a valuable resource for students of ethico-legal fields, professionals specialising in image rights law, policy-makers, and liberty advocates and activists.Table of Contents

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