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This open access book examines how international trade agreements apply to domestic regulations on cross-border data flows and then proposes a multilayered framework to align international trade law with evolving norms and practices in global data governance. Digital trade and global data governance are at a unique crossroads, raising significant policy challenges. The book focuses on five policy areas at the interface of digital trade and global data governance: privacy, cybersecurity, governmental access to data, data divide, and competition. In five separate chapters, the book analyses how different types of domestic laws in each of these policy areas interface with existing provisions in international trade law. Thereafter, each of these chapters explores the challenges and possibilities for aligning international trade law with evolving norms, standards and best practices in that specific area of data regulation, both at the domestic and transnational level. Drawing upon these findings, the final chapter proposes a multilayered framework for aligning international trade law with evolving norms and practices in global data governance. The key message of the book is that international trade law can and should meaningfully align with and contribute to the development of transnational data governance norms and practices. It can also foster robust regulatory cooperation among various stakeholders of the digital economy. As the book offers a broad perspective on the significance of digital trade rules in a datafied world, it will benefit scholars, practitioners and policymakers working on digital trade and data regulation, helping its readers explore fresh avenues in the future development of digital trade rules. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

Experts predict that in 5 years’ time, more than 90% of all digital content will be wholly or partially AI generated. In a synthetic society, it may no longer be possible to establish what is real and what is not. Central to this open access book are 4 technologies on the frontline of this trend: humanoid robots, deepfakes, augmented reality, and virtual reality. Although they are only in their relative infancy, these technologies can already produce content that is indistinguishable from authentic material. The impact of this new reality on democracy, the judicial system, the functioning of the press, as well as on personal relationships will be unprecedented. Van der Sloot describes the technological fundaments of each of those technologies and maps their positive uses for educational purposes as well as for the treatment of patients, for the entertainment and creative industries, and the retail and financial sectors. The book also conceptualises their negative uses for fraud, deception, exploitation, identity-theft and exploitation, and shows their deeper effects on the post-truth society, the privatisation of the public sphere, and the loss of individual autonomy and societal trust. The book evaluates how the current European legal paradigm applies to these technologies, focussing on the right to privacy and data protection, freedom of expression, procedural law, tort law, and the regulation of AI. It discusses regulatory alternatives to solve existing regulatory gaps and shows that there are no easy answers. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

This open access book examines data governance and its implications for policymaking in Africa. Bringing together economists, lawyers, statisticians, and technology experts, it assesses gaps in both the availability and use of existing data across the continent, and argues that data creation, management and governance need to improve if private and public sectors are to reap the benefits of big data and digital technologies. It also considers lessons from across the globe to assess principles, norms and practices that can guide the development of data governance in Africa. The book will appeal to scholars and students of data governance, technology and public policy, as well as practitioners and policy makers.

In bildungswissenschaftlichen Disziplinen galt die Anwendung quantitativer Forschungsmethoden bislang nicht unbedingt als disziplinärer Standardzugang in der Datensuche, -erhebung und -analyse. Gleichzeitig gewinnt im Zuge besserer Datenverfügbarkeit, u.a. auch infolge zunehmender Digitalisierung, die Arbeit mit quantitativen Daten ebenso wie die individuelle Kompetenz zu ihrer Erhebung und Analyse an Bedeutung. Diese forschungsmethodische „Soft Skill“-Lücke greift dieser Sammelband auf und schließt sie: Die Handreichung des multiprofessionellen Autor:innenteams beleuchtet und diskutiert die Möglichkeiten der Nutzung quantitativer Daten in bildungswissenschaftlichen Disziplinen kritisch und vermittelt hilfreiche Kompetenzen im Bereich des Findens geeigneter (Sekundär-)Daten, der Umsetzung eigener Datenerhebungen, sowie weiterer forschungspraktischer Datenkompetenzen (bspw. Datenschutz)., In educational science, quantitative research methods are not necessarily considered the ultimate in data collection. But why does quantitative social research only play a secondary role? Do students and teachers lack knowledge about the subject-specific usability of quantitative data at this point? The anthology addresses this "soft skill" gap and closes it: The handbook by the multi-professional team of authors - consisting of established experts and practitioners in the field of quantitative social research - sheds light on the possibilities of using quantitative data and teaches helpful skills in the field of data finding, data collection and data protection.

This open access book describes the most important legal sources and principles of data privacy and data protection in China, Germany and the United States. The authors collected privacy statements from more than 400 crowdsourcing platforms, which allowed them to empirically evaluate their data privacy and data protection practices. The book compares the practices in the three countries and develops empirically-grounded policy recommendations. A profound analysis on workers´ privacy in new forms of work in China, Germany, and the United States. Prof. Dr. Wolfgang Däubler, University of Bremen This is a comprehensive and timely book for legal and business scholars as well as practitioners, especially with the increasingly important role of raw data in machine learning and artificial intelligence. Professor Mingfeng Lin, Georgia Institute of Technology

This open access book reports the results of a study conducted in Switzerland in 2022 to provide an overview of the changing landscape of encryption and data protection technologies and their global usage trends. The Swiss Confederation tasked the Cyber-Defence Campus (CYD Campus) to identify the 38 most relevant encryption and data protection technologies, analyze their expected evolution until 2025, and derive implications for the military, civil society, and economy sectors. Fifty experts from academia, government, and industry have contributed to this study and provided their viewpoints on the different technologies and trends. This comprehensive collection of factsheets provides a reference for organizations and individuals that need to elaborate coherent and efficient data protection and encryption strategies in the coming years. The 38 technologies have been sorted into five categories. First, encryption foundations represent the technologies used to create other encryption applications. Second, low-level applications represent the technologies that focus on micro functionalities. Third, high-level applications represent the technologies that focus on more abstract and macro functionalities. Fourth, data protection represents the technologies used to protect data without encrypting these data. Finally, use cases represent concrete ways the different technologies can be used together to create a working solution. The book serves as a guide for decision-making within administrations, government organizations, and industry. It will also be interesting for the tech-savvy board member or engineers looking to get an entry point into data protection topics. Last not least, the book will also be a valuable reading for anyone interested in data protection and encryption.

In diesem Buch analysiert Moritz Mähr die Einführung und Entwicklung elektronischer Datenverarbeitungssysteme in der Schweizerischen Bundesverwaltung und deren Einfluss auf die Steuerung der Arbeitsmigration. Die Studie beleuchtet, wie der Einsatz von Computern und neuen Informationssystemen Verwaltungspraktiken, Handlungsspielräume und politische Entscheidungsprozesse verändert hat. Von der Einführung der ersten Großrechner in den 1960er Jahren über die Einrichtung des Zentralen Ausländerregisters bis hin zur Einführung von Bildschirmterminals zeichnet das Buch die wechselseitigen Anpassungsprozesse zwischen Technik und Verwaltung nach. Es zeigt, wie organisatorische Lernprozesse und technologische Innovationen ineinandergriffen und die Rolle der Verwaltung neu definierten.

Summary: Fashion law encompasses a wide variety of issues that concern an article of clothing or a fashion accessory, starting from the moment they are designed and following them through distribution and marketing phases, all the way until they reach the end-user. Contract law, intellectual property, company law, tax law, international trade, and customs law are of fundamental importance in defining this new field of law that is gradually taking shape. This volume focuses on the new frontiers of fashion law, taking into account the various fields that have recently emerged as being of great interest for the entire fashion world: from sustainable fashion to wearable technologies, from new remedies to cultural appropriation to the regulation of model weight, from advertising law on the digital market to the impact of new technologies on product distribution. The purpose is to stimulate discussion on contemporary problems that have the potential to define new boundaries of fashion law, such as the impact of the heightened ethical sensitivity of consumers (who increasingly require effective solutions), that a comparative law perspective renders more interesting. The volume seeks to sketch out the new legal fields in which the fashion industry is getting involved, identifying the new boundaries of fashion law that existing literature has not dealt with in a comprehensive manner.

Summary: This open access book constitutes the thoroughly refereed proceedings of the First International ISCIS Security Workshop 2018, Euro-CYBERSEC 2018, held in London, UK, in February 2018. The 12 full papers presented together with an overview paper were carefully reviewed and selected from 31 submissions. Security of distributed interconnected systems, software systems, and the Internet of Things has become a crucial aspect of the performance of computer systems. The papers deal with these issues, with a specific focus on societally critical systems such as health informatics systems, the Internet of Things, energy systems, digital cities, digital economy, mobile networks, and the underlying physical and network infrastructures.

As a result of society’s increasing digitisation, the police have ever more opportunities to collect, investigate and combine huge amounts of personal data using advanced technology. Examples are provided from recent cases where police have gained access to millions of encrypted messages from various servers, including Ennetcom, EncroChat and Sky Global. However, the current legal framework is, as yet, ill-equipped to deal with this new reality. Partly for this reason, legislators are facing new questions about how the (further) processing of data in detection should be regulated by law. Commissioned by the WODC, this study examines the legal safeguards in criminal justice data collection in relation to the legal safeguards governing the processing of these data. The Code of Criminal Procedure mainly focuses on the collection of data and to a much lesser extent on its further use, but this may involve a (fresh) invasion of citizens’ privacy. The Police Data Act contains some provisions to data processing, but the relationship with the Dutch Code of Criminal Procedure is not entirely clear. This study identifies the requirements and safeguards under European law for the processing of data for criminal justice purposes. Further inspiration is drawn from experience with the Intelligence and Security Services Act 2017 in which powers of collection and (further) processing are regulated in a single law. Finally, it explores how, in several countries (Germany, Belgium and Norway), the requirements arising from European law have been translated into legal regulations and how these regulations are designed. This study provides tools that legislators can use to reconsider the methods of standardisation and legal regulation design to better protect citizens' privacy. The recommendations thus focus on strengthening the legal framework on data processing and its supervision by creating an explicit legal framework in the Code of Criminal Procedure and establishing an independent supervisor focused on the processing of personal data by investigative authorities.

This open access book focuses on the impact of Artificial Intelligence (AI) on individuals and society from a legal perspective, providing a comprehensive risk-based methodological framework to address it. Building on the limitations of data protection in dealing with the challenges of AI, the author proposes an integrated approach to risk assessment that focuses on human rights and encompasses contextual social and ethical values. The core of the analysis concerns the assessment methodology and the role of experts in steering the design of AI products and services by business and public bodies in the direction of human rights and societal values. Taking into account the ongoing debate on AI regulation, the proposed assessment model also bridges the gap between risk-based provisions and their real-world implementation. The central focus of the book on human rights and societal values in AI and the proposed solutions will make it of interest to legal scholars, AI developers and providers, policy makers and regulators. Alessandro Mantelero is Associate Professor of Private Law and Law & Technology in the Department of Management and Production Engineering at the Politecnico di Torino in Turin, Italy.

Medical secrecy is going through a troubled period today. The multiplication of health care providers, technological progress and the pressure of financial policies tend to put pressure on this institution and to redefine its contours. In Swiss law, medical secrecy is now governed by an abundance of legal provisions whose implementation has become complex and unpredictable. After a first part dealing with the historical origins of medical secrecy, its main current factors of influence and its ethical justifications, the book systematically analyzes the multiple duties of confidentiality that may apply to caregivers, their respective limits and their articulation. The study concludes with an analysis of several scenarios for the future of medical confidentiality.

This open access book presents the foundations of the Big Data research and innovation ecosystem and the associated enablers that facilitate delivering value from data for business and society. It provides insights into the key elements for research and innovation, technical architectures, business models, skills, and best practices to support the creation of data-driven solutions and organizations. The book is a compilation of selected high-quality chapters covering best practices, technologies, experiences, and practical recommendations on research and innovation for big data. The contributions are grouped into four parts: · Part I: Ecosystem Elements of Big Data Value focuses on establishing the big data value ecosystem using a holistic approach to make it attractive and valuable to all stakeholders. · Part II: Research and Innovation Elements of Big Data Value details the key technical and capability challenges to be addressed for delivering big data value. · Part III: Business, Policy, and Societal Elements of Big Data Value investigates the need to make more efficient use of big data and understanding that data is an asset that has significant potential for the economy and society. · Part IV: Emerging Elements of Big Data Value explores the critical elements to maximizing the future potential of big data value. Overall, readers are provided with insights which can support them in creating data-driven solutions, organizations, and productive data ecosystems. The material represents the results of a collective effort undertaken by the European data community as part of the Big Data Value Public-Private Partnership (PPP) between the European Commission and the Big Data Value Association (BDVA) to boost data-driven digital transformation.

Jeder von uns hinterlässt Datenspuren, beim Surfen, Onlineshopping und in den Social Media. Es sind der Staat, die Wirtschaft, aber auch Kriminelle, die Zugang zu diesen Daten haben oder sich zu verschaffen wissen. Dieser Sachverhalt hat große Bedeutung für den Einzelnen, aber auch für die demokratische Gesellschaft, die es zu verstehen gilt. Barbara Wiesner stellt Aspekte der Verarbeitung von privaten Daten vor, die Laien selten bekannt sind. Dabei orientiert sie sich an Zitaten von Persönlichkeiten aus Wirtschaft, Wissenschaft und Politik und regt dazu an, sich eine eigene Meinung zu bilden. So wird das Thema Privatheit vor dem Hintergrund vielfältiger digitaler Datenkanäle ausgeleuchtet.

This open access book focuses on the discrepancies in biobank research regulations that are among the most significant hurdles to effective research collaboration. The General Data Protection Regulation (GDPR) has established stringent requirements for the processing of health and genetic data, while simultaneously allowing considerable multi-level exceptions for the purposes of scientific research. In addition to directly applicable exceptions, the GDPR places the regulatory responsibility for further defining how the Member States strike a balance between the individuals' rights and the public interest in research within their national legal orders. Since Member States' approaches to the trade-off between data subjects' rights on the one hand, and appropriate safeguards on the other, differ according to their ethical and legal traditions, their data protection requirements for research also differ considerably. This study takes a comprehensive approach to determine how the GDPR affects regulatory regimes on the use of personal data in biobanking research, with a particular focus on the balance between individuals' rights, public interest and scientific research. In this regard, it has two main goals: first, to scrutinize the GDPR research regime, its objective and constitutive elements, the impact it has on biobanking, and its role in a changing EU landscape post-Brexit; and second, to examine how various exceptions have been operationalized nationally, and what challenges and opportunities this diversification entails. The book not only captures the complexity GDPR creates for biobanking, but also sheds light on various approaches to tackling the corresponding challenges. It offers the first comprehensive analysis of GDPR for biobanking, and the most up-to-date overview of the national biobank regulatory frameworks in Europe.

"At a time when most everyday tasks can be performed online, public administration is also facing increasing demands in terms of accessibility, availability and simplification of its services. For this reason, numerous administrative services have been digitized in recent years under the term ""e-government"". In addition to all the positive aspects, this digitization is also associated with challenges and risks for the legal position of private individuals. This monograph is intended to contribute to answering the question of how the changes in the field of administrative action that accompany digitization are to be assessed in legal terms. On the one hand, technologies and phenomena that are already being used in the actions of public administration are examined for their compatibility with the existing legal framework. On the other hand, emerging future developments are highlighted and examined with a critical eye on possible legal problems. Translated with www.DeepL.com/Translator (free version)"

In our interaction with digital systems, we produce a great deal of data every day, which can be used for economic purposes as well as for political purposes. While democratic systems in Europe are looking for ways to deal with these personal traces as securely, anonymously and effectively as possible, data can also be used for political and social control, of which China is an example. This anthology contains contributions on current questions about opportunities and dangers of the political use of data. The contributions cover data-driven campaigning, the "naturalisation" of personal data production, the democratisation of digital control, data activism and digital citizenship, as well as digital literacy and the responsible use of educational data.

Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies is the most comprehensive and up-to-date analysis of the legal issues in the Internet of Things (IoT). For decades, the decreasing importance of tangible wealth and power – and the corresponding increasing significance of their disembodied counterparts – has been the subject of much legal analysis. For some time now, legal scholars have grappled with how laws drafted for tangible property and pre-digital ‘offline’ technologies can cope with dematerialisation, digitalisation, and the internet. As dematerialisation continues, this book aims to illuminate the opposite movement: re-materialisation, namely the return of data, knowledge, and power within a physical ‘smart’ world. This move frames the book’s central question: can the law steer re-materialisation in a human-centric and societally beneficial direction? To answer it, the book focuses on the IoT, the socio-technological phenomenon that is primarily responsible for this shift. After a thorough analysis of how existing laws can be interpreted to empower IoT end-users, Noto La Diega leaves us with the fundamental question of what happens when the law fails us and concludes with a call for collective resistance against ‘smart’ capitalism.

The usage of drones is constantly increasing, even among private individuals. Anyone who hears or sees a drone usually does not know whether he is being observed or filmed and whether the recorded material is being broadcast live or recorded. It also regularly remains unclear who is responsible for the drone. With this in mind, this book deals with the following question: How can the right to informational self-determination – substantiated in data protection law – be enforced in the case of drone based data processing by private individuals? The author analyses both the future data protection law and the new regulations on drone aviation and presents concrete proposals for an adjustment of the law.

Facebook, the Media and Democracy examines Facebook Inc. and the impact that it has had and continues to have on media and democracy around the world. Drawing on interviews with Facebook users of different kinds and dialogue with politicians, regulators, civil society and media commentators, as well as detailed documentary scrutiny of legislative and regulatory proposals and Facebook’s corporate statements, the book presents a comprehensive but clear overview of the current debate around Facebook and the global debate on the regulation of social media in the era of ‘surveillance capitalism.’ Chapters examine the business and growing institutional power of Facebook as it has unfolded over the fifteen years since its creation, the benefits and meanings that it has provided for its users, its disruptive challenge to the contemporary media environment, its shaping of conversations, and the emerging calls for its further regulation. The book considers Facebook’s alleged role in the rise of democratic movements around the world as well as its suggested role in the election of Donald Trump and the UK vote to leave the European Union. This book argues that Facebook, in some shape or form, is likely to be with us into the foreseeable future and that how we address the societal challenges that it provokes, and the economic system that underpins it, will define how human societies demonstrate their capacity to protect and enhance democracy and ensure that no corporation can set itself above democratic institutions. This is an important research volume for academics and researchers in the areas of media studies, communications, social media and political science.

"Much of the data collected in the statutory health insurance system is of great value for the further development and improvement of health care. Social and health data as personal data are also subject to a tight legal framework in terms of data protection law. Their use in other contexts requires a deep understanding of the regulations at European and national level. This volume provides an overview of the current legal framework and an important orientation for the legally secure use of social and health data. The plant makes it possible to develop solutions and products that improve the quality of care. The first part sets out the social law framework for the use of social data for research. The second part provides an overview of how research data is handled after the application of the GDPR and corresponding national adjustments to the legal framework."