Hart Studies in Information Law and Regulation – Serie

Is it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for contemporary societies, where network and information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cybersecurity, privacy and data protection in EU law. The book explores the values, interconnections and tensions inherent to cybersecurity, privacy and data protection within the EU constitutional architecture and its digital agendas. The work’s novel analysis looks at the interplay between digital policies, instruments including the GDPR, NIS Directive, cybercrime legislation, e-evidence and cyber-diplomacy measures, and technology as a regulatory object and implementing tool. This original approach, which factors in the connections between engineering principles and the layered configuration of fundamental rights, outlines all possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from clash to complete reconciliation.An essential read for scholars, legal practitioners and policymakers alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices that require an active engagement with technology, so as to preserve human flourishing, autonomy and democracy.

This book explores to what extent constitutional principles are put under strain in the social media environment, and how constitutional safeguards can be established for the actors and processes that govern this world: in other words, how to constitutionalise social media. Millions of individuals around the world use social media to exercise a broad range of fundamental rights. However, the governance of online platforms may pose significant threats to our constitutional guarantees. The chapters in this book bring together a multi-disciplinary group of experts from law, political science, and communication studies to examine the challenges of constitutionalising what today can be considered the modern public square. The book analyses the ways in which online platforms exercise a sovereign authority within their digital realms, and sheds light on the ambiguous relationship between social media platforms and state regulators. The chapters critically examine multiple methods of constitutionalising social media, arguing that the constitutional response to the global challenges generated by social media is necessarily plural and multilevel. All topics are presented in an accessible way, appealing to scholars and students in the fields of law, political science and communication studies. The book is an essential guide to understanding how to preserve constitutional safeguards in the social media environment.

This book explores to what extent constitutional principles are put under strain in the social media environment, and how constitutional safeguards can be established for the actors and processes that govern this world: in other words, how to constitutionalise social media. Millions of individuals around the world use social media to exercise a broad range of fundamental rights. However, the governance of online platforms may pose significant threats to our constitutional guarantees. The chapters in this book bring together a multi-disciplinary group of experts from law, political science, and communication studies to examine the challenges of constitutionalising what today can be considered the modern public square. The book analyses the ways in which online platforms exercise a sovereign authority within their digital realms, and sheds light on the ambiguous relationship between social media platforms and state regulators. The chapters critically examine multiple methods of constitutionalising social media, arguing that the constitutional response to the global challenges generated by social media is necessarily plural and multilevel. All topics are presented in an accessible way, appealing to scholars and students in the fields of law, political science and communication studies. The book is an essential guide to understanding how to preserve constitutional safeguards in the social media environment.

Is it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for contemporary societies, where network and information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cybersecurity, privacy and data protection in EU law. The book explores the values, interconnections and tensions inherent to cybersecurity, privacy and data protection within the EU constitutional architecture and its digital agendas. The work’s novel analysis looks at the interplay between digital policies, instruments including the GDPR, NIS Directive, cybercrime legislation, e-evidence and cyber-diplomacy measures, and technology as a regulatory object and implementing tool. This original approach, which factors in the connections between engineering principles and the layered configuration of fundamental rights, outlines all possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from clash to complete reconciliation.An essential read for scholars, legal practitioners and policymakers alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices that require an active engagement with technology, so as to preserve human flourishing, autonomy and democracy.

This book explores the legal, political, and practical challenges that governments face when investigating local crimes involving digital evidence held by global cloud service providers. Criminal investigations increasingly require access to data held across borders. This gives rise to unique jurisdictional competitions and conflicts of law, as even exclusively domestic criminal investigations necessitate international cooperation when the relevant user data is stored abroad. Traditional systems of cross-border legal cooperation were designed for the pre-internet era and are ill-suited to address these challenges. This has led to extensive calls for reform and the proliferation of new policy initiatives at national, regional, and international levels. The book maps these emerging policy responses to cross-border data access problems and examines the extent to which they are fit for purpose. It then provides a framework to reconcile the practical necessities of law enforcement seeking digital evidence stored overseas with the territorial sovereignty of the countries hosting that data, the fundamental rights of individuals whose personal data is being sought, and the interests of technology companies whose cooperation is required.It is an essential guide to understanding the different rules, safeguards and procedures that govern law enforcement access to data held by multinational technology companies, and key to future policy development and legal reform.

Can researchers and innovators use UK public sector data to produce knowledge that improves policy making, scrutinises government work and promotes the public interest?This open access book looks at interactions between UK public sector officials and researchers/innovators to shed light on barriers to data access and use. It asks: what are the frameworks that govern access to public sector big datasets for researchers and innovators? How are these frameworks applied in practice? What are the governance solutions for policy makers interested in harnessing the untapped potential of public sector big data to improve their policies and create public benefit? Public sector data is a valuable resource that can help researchers and innovators create knowledge and solutions that benefit society. As public bodies collect increasingly more data about us, UK policy makers try to maximise the use of public sector big data for the benefit of the public. But accessing this data is not easy. There are many legal, technical and ethical barriers that prevent the use of public sector data for research and innovation. This book is for researchers and innovators who want to understand and overcome the barriers to accessing UK public sector data. It is also for policy makers who are interested in how public sector data can be used to improve decision-making, scrutinise government work, and promote the public interest.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by UKRI.

Can researchers and innovators use UK public sector data to produce knowledge that improves policy making, scrutinises government work and promotes the public interest?This open access book looks at interactions between UK public sector officials and researchers/innovators to shed light on barriers to data access and use. It asks: what are the frameworks that govern access to public sector big datasets for researchers and innovators? How are these frameworks applied in practice? What are the governance solutions for policy makers interested in harnessing the untapped potential of public sector big data to improve their policies and create public benefit? Public sector data is a valuable resource that can help researchers and innovators create knowledge and solutions that benefit society. As public bodies collect increasingly more data about us, UK policy makers try to maximise the use of public sector big data for the benefit of the public. But accessing this data is not easy. There are many legal, technical and ethical barriers that prevent the use of public sector data for research and innovation. This book is for researchers and innovators who want to understand and overcome the barriers to accessing UK public sector data. It is also for policy makers who are interested in how public sector data can be used to improve decision-making, scrutinise government work, and promote the public interest.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by UKRI.

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.

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.