Transborder Data Flows and Data Privacy Law

Inbunden, Engelska, 2013

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Over 70 countries and various international organizations have adopted data protection and privacy laws that regulate the cross-border transfer of personal data outside their borders. In an era of globalization and the Internet, these restrictions have immense implications for citizens, companies, and governments. This work, written by a renowned expert on data protection law, examines the history, policies, and future of transborder data flow regulation. Kuner traces the history of regulation in different regions, beginning with the earliest European laws in the 1970s, through to leading regional and international instruments of the EU, OECD, Council of Europe, APEC, and other bodies. He also considers regulation developed by the private sector, such as contractual clauses and binding corporate rules. The work then analyses policies underlying such regulation and the legal issues involved, including human rights law, public international law, and EU law. Presenting a global analysis of this important subject, Kuner also discusses the future development of transborder data flow regulation, and gives policy recommendations.

Produktinformation

Utgivningsdatum2013-05-09
Mått162 x 240 x 25 mm
Vikt614 g
FormatInbunden
SpråkEngelska
Antal sidor310
FörlagOUP OXFORD
ISBN9780199674619

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Dr. Christopher Kuner is Senior Of Counsel in the Brussels office of Wilson Sonsini Goodrich & Rosati, and is an Honorary Fellow of the Centre for European Legal Studies, University of Cambridge, where he also teaches. He is Chairman of the Task Force on Privacy and Data Protection of the International Chamber of Commerce (ICC), and participates in the work of international organizations such as the OECD, the Council of Europe, and UNCITRAL. Dr. Kuner is author of the book European Data Protection Law: Corporate Compliance and Regulation and is editor-in-chief of the journal International Data Privacy Law (both published by Oxford University Press).

1. Background and Introduction ; 2. International Regulation of Transborder Data Flows ; 3. Typology of Regulatory Approaches ; 4. National, Rrivate-Sector, and Technological Approaches ; 5. Analysis of Underlying Policies ; 6. Applicable Law, Extraterritoriality, and Transborder Data Flows ; 7. Compliance and Enforcement ; 8. A Global Regulatory Framework for Transborder Data Flows ; Appendix: Data Protection and Privacy Law Instruments Regulating Transborder Data Flows

... an important book for any with an interest, academic or professional , in data protection and information privacy, and particularly in transborder data flows. ... Perhaps most important will be Kruner's proposed framework for international data transfer collaboration and governance. As an experienced practitioner and academic thought-leader , his opinion carries considerable gravitas, and he has articulated his vision and solution clearly and concisely. His view cannot be ignored and, on the contrary, forms an excellent spring-board for an international framework for data transfer governance. Hopefully global DPAs will give due consideration to Kuner's proposals, and these could form a basis, or at least a catalyst, for some form of harmonization.