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Data Protection Beyond Borders

Transatlantic Perspectives on Extraterritoriality and Sovereignty

Editor(s): Federico Fabbrini, Edoardo Celeste, John Quinn
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Published: 11-02-2021
Format: Hardback
Edition: 1st
Extent: 304
ISBN: 9781509940660
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £75.00
Online price : £67.50
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Loren Epson

About Data Protection Beyond Borders

This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data.

By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law.

The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing.

All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.

Table Of Contents

Introduction
Federico Fabbrini, Edoardo Celeste and John Quinn

Part I: Developments
1. EU Data Protection Law between Extraterritoriality and Sovereignty
Federico Fabbrini and Edoardo Celeste
2. The Challenges and Opportunities for a U.S. Federal Privacy Law
Jordan L Fischer

Part II: Tensions
3. Google v. CNIL: Circumscribing the Extraterritorial Effect of EU Data Protection Law
John Quinn
4. “Digital sovereignty” and Multilevel Constitutionalism: Whose Standards for the Right to Be Forgotten?
Dana Burchardt
5. Data Protection and Freedom of Expression Beyond EU borders: EU Judicial Perspectives
Oreste Pollicino
6. Schrems I and Schrems II: Assessing the Case for the Extraterritoriality of EU Fundamental Rights
Maria Tzanou

Part III: Cooperation
7. Clouds on the Horizon: Cross-Border Surveillance Under the US CLOUD Act
Stephen W Smith
8. Voluntary Disclosure of Data to Law Enforcement: The Curious Case of US Internet Firms, their Irish Subsidiaries and European Legal Standards
TJ McIntyre
9. European Law Enforcement and US Data Companies: A Decade of Cooperation Free From Law
Angela Aguinaldo and Paul De Hert
10. Free-flow of Data: Is International Trade Law the Appropriate Answer?
Vincenzo Zeno-Zencovich

Part IV: Prospects
11. Extraterritorial Impact in Data Protection Law through an EU Law Lens
Orla Lynskey
12. Digital Sovereignty in the EU: Challenges and Future Perspectives
Edoardo Celeste

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