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Issues in Privacy and Data Protection

The European Union as Guardian of Internet Privacy

The Story of Art 16 TFEU

Authors: Hijmans, Hielke

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  • The first to take the perspective of the EU Treaties and an actor-based approach
  • Describes privacy and data protection as constitutional values that matter in our societies
  • Is highly topical in view of recent landmark cases of the Court of Justice of the EU
  • Is relevant to the development of a new EU legislative framework on data protection
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eBook 142,79 €
price for Spain (gross)
  • ISBN 978-3-319-34090-6
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 176,79 €
price for Spain (gross)
  • ISBN 978-3-319-34089-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
Softcover 176,79 €
price for Spain (gross)
  • ISBN 978-3-319-81675-3
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
About this book

This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. 

The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain.

Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena.

The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book.

The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities.

It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation.

This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world. 

About the authors

Hielke Hijmans has a long standing experience in the public administration and has worked in advisory and management functions for the European Data Protection Supervisor, the European Court of Justice and the Ministry of Justice in The Hague. He is a Dutch national, specialised in EU law and privacy law. In these areas he publicized extensively.    

Reviews

“This book offers a unique perspective on whether the Union has been successful in delivering the data and privacy protection … . For those who want to have a thorough understanding of the EU data and privacy law and practice, this book will provide a pleasant read. Academics in the field can also benefit from the author’s insights and knowledge of how the involved EU institutions work on data and privacy protection.” (Bo Zhao, Rechtsgeleerd Magazijn THEMIS, Issue 3, 2017) 

“This book will prove a significant resource for those interested in gaining an understanding of the ‘why’ and the ‘how’ of the EU’s approach to protecting its citizen’s data privacy rights. … the well-resourced and comprehensive coverage in this book achieves a readable and intelligible entry point into the subject area for those seeking an understanding of how the EU can act as a guardian of internet privacy.” (Kevin T. O’Sullivan, International Journal of Law and Information Technology, Vol. 25 (4), 2017)


Table of contents (10 chapters)

Table of contents (10 chapters)

Buy this book

eBook 142,79 €
price for Spain (gross)
  • ISBN 978-3-319-34090-6
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 176,79 €
price for Spain (gross)
  • ISBN 978-3-319-34089-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
Softcover 176,79 €
price for Spain (gross)
  • ISBN 978-3-319-81675-3
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
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Bibliographic Information

Bibliographic Information
Book Title
The European Union as Guardian of Internet Privacy
Book Subtitle
The Story of Art 16 TFEU
Authors
Series Title
Issues in Privacy and Data Protection
Series Volume
31
Copyright
2016
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-34090-6
DOI
10.1007/978-3-319-34090-6
Hardcover ISBN
978-3-319-34089-0
Softcover ISBN
978-3-319-81675-3
Series ISSN
2352-1929
Edition Number
1
Number of Pages
XXXII, 604
Topics