Data Protection, Privacy Regulators and Supervisory Authorities

Description

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. 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