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1 Origins and Concepts of Data Privacy
1.1 Questions and Challenges of Data Privacy
1.2 The Conundrum of Voluntary Information
1.3 What Is Data Privacy?
1.4 Doctrine of Information Privacy
1.5 Notice-and-Choice versus Privacy-as-Trust
1.6 Notice-and-Choice in the US
1.7 Enforcement of Notice-and-Choice Privacy Laws
1.8 Privacy-as-Trust: An Alternative Model7
1.9 Applying Privacy-as-Trust in Practice: The US Federal Trade Commission
1.10 Additional Challenges in the Era of Big Data and Social Robots
1.11 The General Data Protection Regulation (GDPR)
1.12 Chapter Overview
Notes
2 A Brief History of Data Privacy
2.1 Privacy as One’s Castle
2.2 Extending Beyond the “Castle”
2.3 Formation of Privacy Tort Laws
2.4 The Roots of Privacy in Europe and the Commonwealth
2.5 Privacy Encroachment in the Digital Age
2.6 The Gramm-Leach-Bliley Act Tilted the Dynamic against Privacy
2.7 Emergence of Economic Value of Individual Data for Digital Businesses
2.8 Legislative Initiatives to Protect Individuals’ Data Privacy
2.9 The EU Path
2.10 End of the Wild West?
2.11 Data as an Extension of Personal Privacy
2.12 Cambridge Analytica: A Step Too Far
2.13 The Context of Privacy in Law Enforcement
Summary
Notes
3 GDPR’s Scope of Application
3.1 When Does GDPR Apply?
3.2 The Key Players under GDPR
3.3 Territorial Scope of GDPR
3.4 Operation of Public International Law
Notes
4 Technical and Organizational Requirements under GDPR
4.1 Accountability
4.2 The Data Controller
4.3 Technical and Organizational Measures
4.4 Duty to Maintain Records of Processing Activities
4.5 Data Protection Impact Assessments
4.6 The Data Protection Officer
4.7 Data Protection by Design and Default
4.8 Data Security during Processing
4.9 Personal Data Breaches
4.10 Codes of Conduct and Certifications
4.11 The Data Processor
Notes
5 Material Requisites for Processing under GDPR
5.1 The Central Principles of Processing
5.2 Legal Grounds for Data Processing
5.3 International Data Transfers
5.4 Intragroup Processing Privileges
5.5 Cooperation Obligation on EU Bodies
5.6 Foreign Law in Conflict with GDPR
Notes
6 Data Subjects’ Rights
6.1 The Controller’s Duty of Transparency
6.2 The Digital Miranda Rights
6.3 The Right of Access
6.4 Right of Rectification
6.5 Right of Erasure
6.6 Right to Restriction
6.7 Right to Data Portability
6.8 Rights Relating to Automated Decision Making
6.9 Restrictions on Data Subject Rights
Notes
7 GDPR Enforcement
7.1 In-House Mechanisms
7.2 Data Subject Representation
7.3 The Supervisory Authorities
7.4 Judicial Remedies
7.5 Alternate Dispute Resolution
7.6 Forum Selection Clauses
7.7 Challenging the Existing Law
Notes
8 Remedies
8.1 Allocating Liability
8.2 Compensation
8.3 Administrative Fines
8.4 Processing Injunctions
8.5 Specific Performance
Notes
9 Governmental Use of Data
9.1 Member State Legislations
9.2 Processing in the “Public Interest”
9.3 Public Interest and the Rights of a Data Subject
9.4 Organizational Exemptions and Responsibilities
9.5 Public Documents and Data
9.6 Archiving
9.7 Handling Government Subpoenas
9.8 Public Interest Restrictions on GDPR
9.9 Processing and Freedom of Information and Expression
9.10 State Use of Encrypted Data
9.11 Employee Data Protection
Notes
10 Creating a GDPR Compliance Department
10.1 Step 1: Establish a “Point Person”
10.2 Step 2: Internal Data Audit
10.3 Step 3: Budgeting
10.4 Step 4: Levels of Compliance Needed
10.5 Step 5: Sizing Up the Compliance Department
10.6 Step 6: Curating the Department to Your Needs
10.7 Step 7: Bring Processor Partners into Compliance
10.8 Step 8: Bring Affiliates into Compliance
10.9 Step 9: The Security of Processing
10.10 Step 10: Revamping Confidentiality Procedures
10.11 Step 11: Record Keeping
10.12 Step 12: Educate Employees on New Protocols
10.13 Step 13: Privacy Policies and User Consent
10.14 Step 14: Get Certified
10.15 Step 15: Plan for the Worst Case Scenario
10.16 Conclusion
Notes
11 Facebook: A Perennial Abuser of Data Privacy
11.1 Social Networking as an Explosive Global Phenomenon
11.2 Facebook Is Being Disparaged for Its Data Privacy Practices
11.3 Facebook Has Consistently Been in Violation of GDPR Standards
11.4 The Charges against Facebook
11.5 What Is Facebook?
11.6 A Network within the Social Network
11.7 No Shortage of “Code of Conduct” Policies
11.8 Indisputable Ownership of Online Human Interaction
11.9 Social Networking as a Mission
11.10 Underlying Business Model
11.11 The Apex of Sharing and Customizability
11.12 Bundling of Privacy Policies
11.13 Covering All Privacy Policy Bases
11.14 Claims of Philanthropy
11.15 Mechanisms for Personal Data Collection
11.16 Advertising: The Big Revenue Kahuna
11.17 And Then There Is Direct Marketing
11.18 Our Big (Advertiser) Brother
11.19 A Method to Snooping on Our Clicks
11.20 What Do We Control (or Think We Do)?
11.21 Even Our Notifications Can Produce Revenue
11.22 Extent of Data Sharing
11.23 Unlike Celebrities, We Endorse without Compensation
11.24 Whatever Happened to Trust
11.25 And to Security of How We Live
11.26 Who Is Responsible for Security of Our Life Data?
11.27 And Then There Were More
11.28 Who Is Responsible for Content?
11.29 Why Should Content Be Moderated?
11.30 There Are Community Standards
11.31 Process for Content Moderation
11.32 Prospective Content Moderation “Supreme Court”
11.33 Working with Governmental Regimes
11.34 “Live” Censorship
11.35 Disinformation and “Fake” News
11.36 Conclusion
Notes
12 Facebook and GDPR
12.1 The Lead Supervisory Authority
12.2 Facebook nicht spricht Deutsch
12.3 Where Is the Beef? Fulfilling the Information Obligation
12.4 Data Processing Purpose Limitation
12.5 Legitimate Interests Commercial “Restraint” Needed
12.6 Privacy by Design?
12.7 Public Endorsement of Personalized Shopping
12.8 Customizing Data Protection
12.9 User Rights versus Facebook’s Obligations
12.10 A Digital Blueprint and a GDPR Loophole
12.11 Investigations Ahead
12.12 Future Projects
Notes
13 The Future of Data Privacy
13.1 Our Second Brain
13.2 Utopian or Dystopian?
13.3 Digital Empowerment: Leveling the Playing Field
Notes
Appendix Compendium of Data Breaches
About the Authors
Index

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The definitive guide for ensuring data privacy and GDPR compliance

Privacy regulation is increasingly rigorous around the world and has become a serious concern for senior management of companies regardless of industry, size, scope, and geographic area. The Global Data Protection Regulation (GDPR) imposes complex, elaborate, and stringent requirements for any organization or individuals conducting business in the European Union (EU) and the European Economic Area (EEA)—while also addressing the export of personal data outside of the EU and EEA. This recently-enacted law allows the imposition of fines of up to 5% of global revenue for privacy and data protection violations. Despite the massive potential for steep fines and regulatory penalties, there is a distressing lack of awareness of the GDPR within the business community. A recent survey conducted in the UK suggests that only 40% of firms are even aware of the new law and their responsibilities to maintain compliance.

The Data Privacy and GDPR Handbook helps organizations strictly adhere to data privacy laws in the EU, the USA, and governments around the world. This authoritative and comprehensive guide includes the history and foundation of data privacy, the framework for ensuring data privacy across major global jurisdictions, a detailed framework for complying with the GDPR, and perspectives on the future of data collection and privacy practices.

  • Comply with the latest data privacy regulations in the EU, EEA, US, and others
  • Avoid hefty fines, damage to your reputation, and losing your customers
  • Keep pace with the latest privacy policies, guidelines, and legislation
  • Understand the framework necessary to ensure data privacy today and gain insights on future privacy practices

The Data Privacy and GDPR Handbook is an indispensable resource for Chief Data Officers, Chief Technology Officers, legal counsel, C-Level Executives, regulators and legislators, data privacy consultants, compliance officers, and audit managers.



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DATA PRIVACY AND GDPR HANDBOOK
What you need to know and how to prepare for it

The challenges of maintaining privacy of data across all stakeholders – existing and potential customers, employees, and vendors – are a serious concern for senior managements and boards of businesses and other organizations across the universal spectrum of industries, sizes, scope, and geographic footprints.

The recently enacted General Data Protection Regulation (GDPR) in Europe imposes stringent and elaborate requirements for any firm or organization conducting business in the European Union (EU), with fines for violations up to 5% of global revenue. Yet, the business community's awareness of this law and other emerging data privacy requirements is sorely lacking. A recent survey of firms in the UK suggests that only 40% of the firms are even aware of the law and their responsibilities. This lack of awareness is even more pronounced in the US.

This book addresses data privacy directly and authoritatively. It is divided into four sections: history and foundation of data privacy and associated legal frameworks; necessary constructs for understanding and ensuring data privacy in the US, Europe, and across other major global jurisdictions; deconstruction of GDPR with a comprehensive framework for complying with it; and perspective on the future of data collection and privacy practices.

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