Data Protection, Privacy Regulators and Supervisory Authorities

✍ Scribed by Paul Lambert

• Publisher: Bloomsbury Professional
• Year: 2020
• Tongue: English
• Leaves: 417
• Category: Library

✦ Synopsis

Data Protection, Privacy Regulators and Supervisory Authorities explores and details the establishment, rules, and powers of data protection regulators and supervisory authorities. It also discusses rights issues (pursuing and defending) as well as the developing area of fines and contestability.

✦ Table of Contents

Preface
Abbreviations
Table of statutes
Table of statutory instruments
Table of cases
Chapter 1 Introduction
Introduction
Backdrop and Change
Regulators
Focus
Terminology
Data Protection Import
Data Rules
Conclusion
Chapter 2 Law and Regulators
Introduction
Data Regulators
Dual Laws
Obligation to Establish Data Regulator
Regulator Must Be Independent
Regulator Activities
Tasks
Regulator Fines
Other Regulator Powers
Remedies
Current Decision Trends
Conclusion
Chapter 3 National Laws
Introduction
Context
Regulations and Directives
Other Data Protection and Privacy Laws
Chapter 4 Regulators and Authorities
Introduction
EU Member States
Europe
EEA
Other Examples
UK
Ireland
Chapter 5 ICO Before, During and After Brexit
Introduction
ICO and the Need for a Stable, Clear, Data Environment
The Data Problem at the Heart of Brexit
General Transfer Rule
Transfer Exceptions and Procedures
Importance of a UK Adequacy Exception
The Timing of Adequacy Decision
Additional Problems
Changes from the GDPR
Data Protection Act 2018 Keeling Schedule Amendments
General Data Protection Regulation Keeling Schedule Amendments
Pressure for Advice and Clarity
ICO Official Advice
Guidance from the European Data Protection Supervisor
Guidance from the Commission
Guidance from the European Data Protection Board
Brexit Certain
Conclusion
Chapter 6 European Data Protection Board
Introduction
Establishment
Independence
EDPB Tasks
Additional Tasks
EDPB Reports
Opinions and Reports
Registers
Resources and Topic Documents
Chair of EDPB
Secretariat
EDPB Procedures
Conclusion
Chapter 7 European Data Protection Supervisor
Introduction
Establishment
Mission
Scope
Technological Development
Role in Monitoring and Policing Tech Change
Duties and Powers
Rules
Independence
Tasks
Powers
Investigative Powers
Corrective Powers
Authorisation and Advisory Powers
Breach Notifications
Guidelines
International Cooperation
Professional Secrecy
Conclusion
Chapter 8 Data Protection and Privacy Regulation in the US
Introduction
Federal Privacy Gap
Current Federal Approach
Privacy Interests and EU–US Privacy Bridges
Increasing Federal Focus
States Lead by Example
The FTC as a Federal DPP Regulator
EU Data Transfer to the US
No Safe Harbour
EU–US Privacy Shield
Annual Review
FTC Actions
Federal Law Proposals
Conclusion
Chapter 9 Powers of National Data Protection Supervisory Authorities
Introduction
Types of Powers
Investigative Powers
Corrective Powers
Authorisation and Advisory Powers
Tasks and the GDPR
Reports/Activity Reports
Conclusion
Chapter 10 Corporate Contention
Introduction
Authorities and Companies
Penalties and Fines
Powers
Controller and Processor Obligations
Data Protection Officers
Director Responsibility, Liability and Offences
Individuals and Companies
Notices
Conclusion
Chapter 11 Individual Contention
Introduction
Individual, Rights and Remedies
Individuals and Companies
Individual and Authority
Representation of Data Subjects
Conclusion
Chapter 12 Independence
Introduction
General Independence of Authority
Staff Resources and Independence
Technical Resources and Independence
Financial Resources and Independence
Office Resources and Independence
Infrastructure Resources and Independence
German Independence Case
Austria Independence Case
Comparison and Transition
Independence of EDPB
Independence of European Data Protection Supervisor
Conclusion
Chapter 13 Funding
Introduction
Financial Independence
Staff and Staff Funding
Independence from External Direct and Indirect Influence
Funding and Resource Increases
Irish Data Protection Commission
Allocation and Funding of EDPB Secretariat
Conclusion
Chapter 14 Interactions and Cooperation
Introduction
Cooperation
Mutual Assistance
Joint Operations
Consistency and Consistency Mechanism
Dispute Resolution by EDPB
Urgency Procedure
Exchange of Information
‘One-stop Shop’ and Respective Authorities
WP29/EDPB Guidelines
Conclusion
Chapter 15 Conclusion
Introduction
New and Developing Data Protection Issues
Profiling
Facial Recognition
Smart Toys
Ride Shares and Self Driving
Blockchain
Algorithms
Pseudonymisation and Anonymisation
Ethics, Data Ethics and Responsibility
Disposal of Computer Hardware
Increasing Action
Data Transfers
EDPS Hot Topics
Politics, Profiling and Political Attacks
Conclusion
Appendices
1: Data Protection Supervisory Authority Details
2: ICO Enforcement, Fines and Prosecutions
3: Data Protection Act 2018: Changes from GDPR
4: Proposed UK Changes to GDPR re ICO
5: Proposed UK Changes to DPA 2018 re Data Protection
Index