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详细
- Provides an in-depth understanding of the regulatory logic of data privacy law from a cross-jurisdictional perspective
- Places data privacy law within a broader legal and political context, focusing on its relationship with other relevant areas of law
- Written by an expert author who has advised on Information and Communications Technology regulatory policy for institutions that include the EU Commission and the House of Lords Constitution Committee
Although over 100 countries have developed data privacy laws, there is a lack of expert guidance on these laws. This text examines the fundamental aims and principles of data privacy law, along with the mechanisms for its enforcement in an international context.
Bygrave analyses relevant law from around the globe, paying particular attention to international instruments and using these as a foundation for examining national law. He also places data privacy law within a broader legal and political framework, focusing upon its interrelation with related fields, such as human rights, administrative law, and, intellectual property rights.
Readership: Academics, regulators and policymakers in the fields of data protection and human rights more generally. A secondary market would consist of legal practitioners in these areas. The book is also suitable as a textbook for university courses in ICT law.
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Introduction
1: Data Privacy Law in Context
2: Overview of Data Privacy Law
3: National Law
4: Aims and Scope of Data Privacy Law
5: Core Principles of data Privacy Law
6: Oversight and Enforcement of Data Privacy Law
7: Prospects for Global Consensus
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Dr Lee Andrew Bygrave is an Associate Professor in the Department of Private Law at the Norwegian Research Centre for Computers and Law, University of Oslo. He has acted as an expect advisor on Information and Communications Technology (ICT) regulatory policy for many institutions, including the EU Commission and the UK House of Lords Constitution Committee. He has published extensively within the field of privacy/data protection law and is the author of an international standard work in this field Data Protection Law: Approaching Its Rationale, Logic and Limits (Kluwer, 2002). He is also the co-author and principle editor of Internet Governance: Infrastructure and Institutions (OUP, 2009).
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"This book goes where others have feared to tread. It goes beyond a simple analysis of national legislation into a global survey of the provisions and directions of the burgeoning law on this topic. The enactment of data privacy laws by 100 states, the transborder character of modern data flows, and the limits that contemporary technology places on effective laws make this study extremely valuable. It shows how no country can go about protecting data privacy effectively on its own. Yet privacy is a precious value of citizens, making action both politically imperative and challenging. Here is a book that is at once academically rigorous yet also practical and uniquely well informed. It is important, clear and timely. Highly recommended." - The Hon Michael Kirby AC, CMG, Onetime Justice of the High Court of Australia and Chair of the OECD Expert Groups on Protection of Privacy and on Data Security.
"An admirably clear and comprehensive analysis of data privacy law around the world. It provides not only an overview of the complexity and ambiguity of this developing subject, but detailed analysis, perceptive comment, and criticism as well. It will be read with benefit by students, practitioners, and many others who have an interest in what happens to their personal data and how it is, and might be, regulated." - Charles D. Raab, Professor of Government, University of Edinburgh