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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: EPUB eBook (?)
Edition: 1st
Extent: 304
ISBN: 9781509940684
Imprint: Hart Publishing
RRP: £67.50
Online price : £54.00
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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

1. Introduction
Federico Fabbrini, Dublin City University, Ireland, Edoardo Celeste, Dublin City University, Ireland and John Quinn, Dublin City University, Ireland

PART I
DEVELOPMENTS
2. EU Data Protection Law between Extraterritoriality and Sovereignty
Federico Fabbrini, Dublin City University, Ireland and Edoardo Celeste, Dublin City University
3. The Challenges and Opportunities for a US Federal Privacy Law
Jordan L Fischer, Drexel University, USA

PART II
TENSIONS
4. Google v CNIL: Circumscribing the Extraterritorial Effect of EU Data Protection Law
John Quinn, Dublin City University, Ireland
5. Digital Sovereignty and Multilevel Constitutionalism: Whose Standards for the Right to be Forgotten?
Dana Burchardt, Freie Universität Berlin, Germany
6. Data Protection and Freedom of Expression Beyond EU Borders: EU Judicial Perspectives
Oreste Pollicino, Bocconi University, Italy
7. Schrems I and Schrems II: Assessing the Case for the Extraterritoriality of EU Fundamental Rights
Maria Tzanou, Keele University, UK

PART III
COOPERATION
8. Clouds on the Horizon: Cross-Border Surveillance Under the US CLOUD Act
Stephen W Smith, Stanford University, USA
9. Voluntary Disclosure of Data to Law Enforcement: The Curious Case of US Internet Firms, their Irish
Subsidiaries and European Legal Standards
TJ McIntyre, University College Dublin, Ireland
10. European Law Enforcement and US Data Companies: A Decade of Cooperation Free from Law
Angela Aguinaldo, Max Planck Institute for the Study of Crime, Security and Law, Germany and Paul De Hert, Free University of Brussels, Belgium
11. Free-Flow of Data: Is International Trade Law the Appropriate Answer?
Vincenzo Zeno-Zencovich, University of Rome III, Italy

PART IV
PROSPECTS
12. The Extraterritorial Impact of Data Protection Law through an EU Law Lens
Orla Lynskey, London School of Economics and Political Science, UK
13. Digital Sovereignty in the EU: Challenges and Future Perspectives
Edoardo Celeste, Dublin City University, Ireland

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