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Data Protection Law & Practice
Data Protection Law & Practice
5th Edition, Mainwork
ISBN:  9780414070967
Published by:  Sweet & Maxwell
Publication Date:  30 Nov 2020
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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Data Protection Law and Practice provides a comprehensive review of data protection law in the UK plus the EU background to the law.

Examining the history and modern legal content of data protection, the new 4th edition looks at key statutes and examines recent developments in the data protection landscape. It also looks to the future of this fast-moving area of law, helping you prepare for potential changes in the law.

  • Helps you to identify relevant areas, key obligations and risks that could apply to your clients
  • Informs you of key updates to the Data Protection Act 1998 since the last edition
  • Discusses privacy rights and actions for the misuse of private information
  • Looks in detail at the use of electronic marketing
  • Explores and explains the impact of freedom of information on privacy

New to this edition:

  • With such a rapidly evolving area of law, there is a wealth of new and updated information for the 4th edition. This includes information new chapters on data-sharing, security obligations and the enforcement powers of the Commissioner
  • There is additional depth and detail of the European background to the legislation, and discussion of the importance of the European Charter of Fundamental Rights and the Treaty of Lisbon for data protection
  • You’ll also find an explanation of the proposals from the European Commission to change the data protection regime, with the proposed main changes in the draft Regulation highlighted in the discussion.

The latest case law from the UK and EU.

Case law has been reviewed and examined in detail. You’ll find a new section of analysis and explanation of the case law of the Court of Justice of the European Union including discussion of important EU cases including Satamedia, ProMusicae, Bavarian Lager and Rijkeboer.

Key coverage includes:

  • Examines key statutes such as the Data Protection Act, the Regulation of Investigatory Powers Act and subordinate legislation
  • Examines the restrictions on interception of communications and exceptions to those under the Regulation of Investigatory Powers Act and its subordinate legislation as well as the data retention obligations.
  • Examines the rules for electronic marketing under the Privacy and Electronic Communications (EC Directive) Regulations 2003
  • Discusses the current position on data protection and rights of access, post the Freedom of Information Act 2000 and the Environmental Information Regulations 2004
  • Looks at the processing of Sensitive Data and the Overseas and Cross Border transfer of data
  • Offers guidance on following the Codes of Practice approved by the Information Commissioner’s Office (ICO), and the policies of other regulators
  • Looks at rights to prevent the procession and automated decisions, along with the principle governing the award of compensation and the possible remedies available
  • Covers the effect of the proposed EU Regulation and Directive as well as UK centric issues
  • Background, History and EU Context
  • Privacy Rights and the Misuse of Private information
  • Interpretation of the Act and CJEU case law
  • Key Definitions and  Territorial Application
  • Grounds for Processing
  • The Principles
  • Security of Personal Data
  • Overseas or Cross Border Transfers of Personal Data
  • Notification
  • Powers and Role of the Commissioner
  • Subject Access
  • Right to Prevent Processing
  • Rights Relating to Automated Systems
  • Compensation and Other Individual Remedies
  • Exemptions for  National Security, Crime Control and Taxation
  • Exemptions for the Protection of the Individual: Family, Employers, Health, Social Work, and Schools Information
  • Exemptions for the Special Purposes: Journalistic, Literary and Artistic Purposes
  • Exemptions for Research
  • Miscellaneous Exemptions
  • Complaints, Assessments and Enforcement powers of the Commissioner
    Criminal Enforcement by the Commissioner
  • Electronic Communication and the Privacy and Electronic Communication (EC Directive) Regulation 2003
  • Monitoring of Communications
  • Data Retention
  • Data Sharing
  • Data Protection and Rights of Access under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004
  • Access to Criminal Records and Enforced Subject Access
  • The Commissioner and the First Tier Tribunal (Information Rights)
  • Data Protection Laws in Jersey, Guernsey, and the Isle of Man
  • Appendices
This book has established itself as the practitioner bible for Data Protection, written by a leading figure in Rosemary Jay, an acknowledged expert in the field. She has worked in data protection and information rights for 25 years, her work spanning the public and private sector. She was for 12 years head of the legal team at the UK regulator’s office and has been in private practice for over 13 years. Her clients have included national and international bodies such as the Council of Europe and the European Commission. She is a Fellow of the British Computer Society, an Examiner for the ISEB Board and an editor of the Encyclopaedia of Data Protection and lectures and writes widely.
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