Expectations vs Realities of Information Privacy and Data Protection Measures
Description
This book is a machine-generated literature overview of the legal and ethical debates over privacy and data protection measures in the last three decades, showcasing the expectations vis-à-vis realities of their presence and application in different sectors. The book identifies the role and application of consent in different situations. Over time, consent in its various forms and types, informed, explicit and otherwise, ensured data subjects have a measured understanding of the purpose of data processing. The idea of consent with time has been challenging to implement with the rapid advancement of research in different areas. It remains the most critical fulcrum, yet there are instances when the implementation continues to challenge.
Owing to the nature of this sub-discipline, it remains a work in progress yet portrays a comprehensive range of issues. The entire narrative is being explored through two such machine-generated overview volumes and this is the firstof the two. These volumes have consciously tried to remain both jurisdictional and technology neutral while considering a range of data protection and privacy issues. Towards that end, this book has chapters that capture overarching issues about data protection and privacy; conceptualizes data protection from different perspectives and its existing debates with other rights and developments in a democratic society; provides a snapshot of developments happening in various jurisdictions and how data protection framework engages with other laws. It also broaches the critical issue of consent and how consent as a requirement has evolved and integrated with health research and other allied areas. The subsequent volume, titled 'Operationalizing Expectations and Mapping Challenges of Information Privacy and Data Protection Measures in the Last Three Decades', would focus on different sectors and how these sectors have been tackling different expectations concerning data protection and privacy. It will also showcase how technology plays a catalyst in implementing data protection requirements. The book highlights the future research areas in the context of data protection and privacy. The volumes are an invaluable resource for not only researchers, but also policy makers, practitioners, corporate sector, across disciplines, and anyone looking to get an idea about the evolution of privacy, data protection issues and the application of consent over the last three decades since 1990.
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Person
Prof. (Dr.) Indranath Gupta is Professor at the Jindal Global Law School and Dean of Research at O.P. Jindal Global University, India. He is the Director of Jindal Initiative on Research in IP and Competition (JIRICO), and a Senior Fellow at the Jindal Institute of Behavioural Sciences (JIBS). He is currently the Jean-Monnet Chair- Academic Coordinator for the project 'Multi-dimensional Approaches to the Understanding of the E.U. Data Protection Framework'. He has been also invited as a Jean Monnet Visiting Research Fellow at the Centre of Excellence, Jean Monnet Centre for Intellectual Property & Management, Bournemouth University, UK. Prof. Gupta was earlier appointed as the research collaborator by the Università Bocconi, Milan, Italy, for a project funded by the European Commission under the 7th Framework Programme. He participated in a multi-jurisdictional project on Digital Era Competition: A BRICS View, whose report was published by the BRICS Competition Law and Policy Centre.
Professor Gupta holds two LL.M. degrees (taught and research) from the University of Aberdeen, UK, and the University of East Anglia, UK, and a PhD from Brunel University, London. He also taught at the Brunel Law School during this PhD, which looked at the transnational influence of the US Supreme Court's judgement in the Feist case in the framing of the Database Directive in the European Union. Prof. Gupta specialises in Technology Law and aspects of Intellectual Property Law. Over the years, he has offered courses such as Data Protection Law, Information Technology Law, Music and Copyright, and EU Law and Approaches to New Technology. He has contributed in reputed journals such as the European Intellectual Property Review , Journal of World Intellectual Property , International Journal of Law and Information Technology , Journal of Intellectual Property Law & Practice , Journal of Data Protection and Privacy , Economic and Political Weekly , and European Journal for Law and Technology . He has worked extensively with Springer on several book projects of all kinds, the latest being an in-process Major Reference Work titled 'Handbook on Originality in Copyright: Cases and Materials', currently available as a Living Edition on SpringerLink.
Content
1. Capturing different discourse to Privacy.- 1.1. Setting the overview.- 1.2. An economic argument.- 1.3. COVID-19 pandemic.- 2. Data Protection and Competing Interests.- 3. Conceptualizing Data Protection Provisions.- 3.1. Basic concepts in data protection.- 3.2. Right to be forgotten.- 3.3. International Transfer of Personal Data.- 4. Data Protection - Issues and Perspectives.- 4.1. Keeping Data Subjects' Lens in focus.- 4.2. A Roundup of International Data Protection Developments outside EU.- 5. Importance of identifying Consent.- 5.1. Understanding Consent and its elements.- 5.2. Consent in different sectors: Health research and allied services.- 5.3. Placing consent in the midst of future technology.-6. Interface of Data Protection and Other Areas of Law.