Digital Agenda: New specific rules for consumers when telecoms personal data is lost or stolen in EU, European Commission’s Press Release

From the Press Release: “The European Commission is putting into place new rules on what exactly telecoms operators and Internet Service Providers (ISPs) should do if their customers’ personal data is lost, stolen or otherwise compromised. The purpose of these ‘technical implementing measures’ is to ensure all customers receive equivalent treatment across the EU in […]

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Paul M. Schwartz, Symposium: Privacy and Technology: The E.U.-US Privacy Collision: A Turn to Institutions and Procedures, 126 Harv. L. Rev. 1966 (2013)

Conclusion of the Article: “New conflicts in information privacy loom ahead for the US and the EU due to the Proposed Data Protection Regulation of the EU. This document, which creates directly binding law for all EU Member States, alters the current equilibrium achieved under the Data Protection Directive of 1995. The Directive stimulated a […]

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Peter Swire, Yianni Lagos, Why the Right to Data Portability Likely Reduces Consumer Welfare: Antitrust and Privacy Critique

72 Maryland Law Review 335 (2013) Ohio State Public Law Working Paper 204 Abstract In its draft Data Protection Regulation, the European Union has announced a major new economic and human right – the right to data portability (‘RDP’). The basic idea of the RDP is that an individual would be able to transfer his […]

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David Gray, Danielle Keats Citron, A Shattered Looking Glass: The Pitfalls and Potential of the Mosaic Theory of Fourth Amendment Privacy

14 North Carolina Journal of Law and Technology 381 (2013) Abstract: “On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately […]

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David Gray, Danielle Citron, Addressing the Harm of Total Surveillance: A Reply to Professor Neil Richards

126 Harvard Law Review Forum 262 (2013) Abstract: “In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting “intellectual privacy.” Although we share his interest in recognizing and protecting privacy as a condition […]

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David Gray, Danielle Keats Citron, The Right to Quantitative Privacy

98 Minnesota Law Review 62 (2013)   Abstract: “We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances in surveillance technology. Governments and their private sector agents continue to invest billions of dollars in massive data-mining projects, advanced analytics, fusion centers, and aerial drones, all […]

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Ira Rubinstein, Big Data: The End of Privacy or a New Beginning?

3 International Data Privacy Law 74 (2013) From the article Big Data—which may be understood as a more powerful form of data mining that relies on huge volumes of data, faster computers, and new analytic techniques to discover hidden and surprising correlations—challenges international privacy laws in several ways: it casts doubt on the distinction between […]

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Jerry Kang, Katie Shilton, Deborah Estrin, Jeff Burke, and Mark Hansen, Self- Surveillance Privacy

97 IOWA L. REV. 809, 822-24 (2012) Considering how individuals are sharing personal data, the authors suggest the creation of the “Privacy Data Guardian”, a new profession that manages Privacy Data Vaults. The article explains the technical specification of such approach, highlighting the fiduciary relationship between client and Guardian, and recommending that the Privacy Data […]

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Alessandro Mantelero, ‘Cloud computing, trans-border data flows and the European Directive 95/46/EC: applicable law and task distribution’, European Journal for Law and Technology, Vol. 3, No. 2, 2012

The paper deals with “the fundamental issues concerning trans-border data flows and their consequences on applicable law.” It “consider[s] three different cases decided by the Italian data protection authority (Garante per la protezione dei dati personali).” The three decisions are the following: decision issued by the Italian DPA on 24 May 2006, doc. web n. 1299063 (see also: January 18 2006, […]

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