Protecting Personal Information

The Right to Privacy Reconsidered
Erscheinungsjahr 2020
ISBN: 978-1-5099-4616-7
Verlag: Hart Publishing

Buch, Englisch, 192 Seiten, Paperback, Format (B × H): 150 mm x 232 mm, Gewicht: 280 g

The concept of privacy has long been confused and incoherent. The right to privacy has been applied promiscuously to an alarmingly wide-ranging assortment of issues including free speech, political consent, abortion, contraception, sexual preference, noise, discrimination, and pornography. The conventional definition of privacy, and attempts to evolve a 'privacy-as-a-fence' approach, are unable to deal effectively with the technological advances that have significantly altered the way information is collected, stored, and communicated. Social media such as Facebook pose searching questions about the use and protection of personal information and reveal the limits of conceiving the right to privacy as synonymous with data protection. The recent European Union's GDPR seeks to enforce greater protection of personal information, but the overlap with privacy has further obscured its core meaning. This book traces these troubling developments, and seeks to reveal the essential nature of privacy and, critically, what privacy is not.

Autoren/Hrsg.

Monti, Andrea

Wacks, Raymond

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Verwaltungsrecht Allgemeines Informationsrecht, Datenschutzrecht
• Rechtswissenschaften Öffentliches Recht Staats- und Verfassungsrecht
• Rechtswissenschaften Wirtschaftsrecht Medienrecht Telekommunikationsrecht, IT-Recht, Internetrecht

Inhaltsverzeichnis

1. Personal Information and Privacy

I. The Genesis

II. Defining 'Privacy'
III. Privacy and Personal Information

IV. A Constitutional Right

V. A Way Forward

VI. Personal Information

2. Personal Information and Data Protection

I. Introduction

II. The Association of Data Protection and Privacy

III. EU Data Protection Law

IV. The European Court of Human Rights

V. Conclusion

3. Personal Information and Power

I. Introduction

II. Genetic Privacy

III. National DNA Databases

IV. Where is 'Privacy'?

4. Personal Information, Goods and Services

I. Introduction

II. Digital Robber Barons

III. Online Profiling
IV. Privacy and Pollsters

5. Personal Information and Freedom

I. Introduction

II. Anonymity

III. Anonymous Remailers

IV. Cryptocurrencies

V. Sexual Preference

VI. Scientific Positivism

VII. Genetic Research

VIII. Copyright

6. Personal Information and the Media

I. Introduction

II. Defining the Media

III. Collecting and Communicating

IV. 'Reasonable Expectation of Privacy'

V. 'Misuse of Personal Information'

VI. The Public Interest

VII. Data Protection

7. Personal Information and Memory

I. A Right to History

II. Photographs

III. Understanding the Past

IV. Profiling

V. Genetics

VI. Privacy

8. Privacy Reconsidered

Über Autor(innen)

Wacks, Raymond
Raymond Wacks is Emeritus Professor of Law and Legal Theory at the University of Hong Kong. He is the author of 15 books, several of which have been translated into more than a dozen languages on legal philosophy, privacy, and justice. He is also the co-author of 5 books, and editor of 10. His most recent publications (with Andrea Monti) include Protecting Personal Information: The Right to Privacy Reconsidered (Hart Publishing, 2020), and COVID-19 and Public Policy in the Digital Age (2021), and National Security in the New World Order: Government and the Technology of Information. The sixth edition of his Understanding Jurisprudence: An Introduction to Legal Theory was published in 2021.

Monti, Andrea
Andrea Monti is Adjunct Professor of Public Policy at the University of Chieti in Italy, and writer in the field of law and technology.

Andrea Monti is Adjunct Professor of Public Policy at the University of Chieti in Italy, and writer in the field of law and technology.
Raymond Wacks is Emeritus Professor of Law and Legal Theory at the University of Hong Kong, and a leading international authority on privacy. He has published widely on the subject for four decades.