Data Privacy in the Information Age

Front Cover
Greenwood Publishing Group, 2000 - Business & Economics - 262 pages

Passage of the European Data Protection Directive and other national laws have increased the need for companies and other entities to improve their data protection and privacy controls. Clients, stakeholders, and the public are clamoring for it. Klosek introduces the various legal means to protect personal data in the United States and the European Union, targeting her book at American and international businesses that may have difficulty complying with the European Directive. She explains its main elements and practical effects, presents primary components of national privacy laws abroad and in the United States, and gives advice on some steps companies can take to improve the level of protection they afford to the data they possess.

Klosek offers a comprehensive review of the American and European systems for providing protection to personal information in the Internet age. She explains the European Data Protection Directive, the national data protection laws of the fifteen countries of the European Union, and the laws and other initiatives for protecting individual personal data. She endeavors to discuss the protection of personal data in general but focuses on, and emphasizes, the protection of personal data within the context of the Internet. In doing so, she provides much useful, fascinating information on the obvious and non-obvious means of collecting and processing personal data through the Internet. Among its unusual features, the book helps United States corporate decision makers assess the effect data protection laws will have in Europe and the U.S., and how companies that are operating web sites that cross international boundaries can ensure they stay in compliance with data protection laws in countries in which their web sites may be accessible. The book is essential reading for corporate compliance executives, corporate communications and other top-level organizational administrators, particularly in Internet industries.

 

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Contents

Introduction
Introduction to Concerns about the Protection of Personal Data and the Possible Responses Thereto
7
What are the Possible Responses to Concerns over Data Privacy?
12
Conflicts between the Approaches of the European Union and the United States and the Possible Means of Resolving Such Conflicts
21
The European Union
27
Basic Rules Applicable to Data Protection
29
Transfer of Data to Third Countries
36
Future Issues
42
Sweden
106
The United Kingdom
108
Conclusion
114
The United States
129
Policy Approach of the United States
130
Prominent Existing Legislation Pertaining to the Protection of Personal Data
133
Proposed Federal Legislation
143
State Privacy Protections
149

Telecoms Privacy Directive
43
Summary
45
The Legislation of the Member States of the European Union
51
Austria
53
Belgium
57
Denmark
62
Finland
65
France
69
Germany
72
Greece
76
Ireland
80
Italy
85
Luxembourg
90
The Netherlands
92
Portugal
96
Spain
100
The Role of the Federal Trade Commission
150
Independent Initiatives
156
Legislate or SelfRegulate
158
Possible Ways Forward
169
Most Examples of SelfRegulatory Efforts
178
The Use of Model Contracts
187
Political Negotiations
190
Conclusion
191
Conclusion
195
Links to Relevant Web Sites
199
The European Directive on the Protection of Individuals With Regard to the Processing of Personal Data and on the Free Movement of Such Data
205
Council of Europe Convention for the Protection of Individuals With Regard to Automatic Processing of Personal Data
237
Glossary of Selected InternetRelated Terms
247
Selected Bibliography
251
Index
259
Copyright

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About the author (2000)

JACQUELINE KLOSEK, a Certified Information Privacy Professional, is an attorney with Goodwin Procter LLP in New York City, where she practices in the Intellectual Property Transactions and Strategies Practice Area. Her practices focuses on advising clients on cutting-edge issues related to the intersection of law and technology, with a particular focus on data privacy and security. She is the author of three books.

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