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Privacy And Data Protection Information Technology Assignment

   

Added on  2020-05-28

19 Pages5131 Words47 Views
Data Science and Big DataPolitical Science
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Running head: PRIVACY AND DATA PROTECTIONPrivacy and Data ProtectionName of the StudentName of the UniversityAuthor Note
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1PRIVACY AND DATA PROTECTIONTable of ContentsIntroduction......................................................................................................................................2Development of Data protection legal framework..........................................................................2Judgment in case C-582/14: Patrick Breyer v Bundesrepublik Deutschland..................................4Critical analysis of Breyer case.......................................................................................................5Conclusion.....................................................................................................................................12Reference list.................................................................................................................................14
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2PRIVACY AND DATA PROTECTIONIntroductionThe European Data Protection Directive (DPD) 95/46/EC and the General DataProtection Regulation (GDPR) has been enforced with the sole objective to encourageconsistent free circulation of personal data while safeguarding the individual rights of theconcerned persons (Reidenberg 2014). A high level of shield is ensured to the extent that unlessthird countries guarantees a sufficient level of protection, data transfer shall not be allowedoutside EU/EEA as stipulated under Article 25 of the DPD. Such ‘adequacy’ level shall bedetermined based on all such circumstances that are associated with data transfer operationsincluding international agreements, domestic laws and the ‘rule of law’ that is in force in theconcerned third country as stated under Article 25 (2) DPD. This paper critically analyses the judgment made in the Breyer’s case by Court ofJustice of the European Union (CJEU). The case deals with question whether the dynamic IPaddress of a website visitor amounts to personal data for website publisher when the internetaccess provider can secure a name to that IP address (Danezis et al. 2015). It further deals withthe question whether the data protection provisions under the German Telemedia Act isconsistent with the EU law, given that it precludes a justification based in legitimate interestsprovided stipulated in Article 7(f) of the Directive.Development of Data protection legal framework In the context of derogation to privacy rights, the concept of legal grounds and legalityfor processing, which includes legitimate interests, have developed into a separate requirementfor data protection.
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3PRIVACY AND DATA PROTECTIONEuropean Convention on Human Rights (ECHR)In 1950, the ECHR incorporated the Right to Privacy under article 8 to ensure that thefamily life, home and private life of a person is respected. It prevents intrusion with the privacyright unless such intrusion amounts to a necessity in an autonomous society and is in accordancewith the law. Such intrusion is conducted to satisfy certain form of compelling and particularlylisted public interests. The right to privacy stipulated under Article 8 ECHR usually ensures that private life issafeguarded and any interference with privacy is subjected to justification. This article aims atsafeguarding the private life of persons except under justifiable and stringently definedcircumstances. In case of an intrusion with the privacy of a person, it is crucial to establish alegal foundation and identify the legal purpose of such interference. This is important todetermine whether such interference with privacy was necessary and justified. Roosendaal andWright (2017) states that this approach adopted by the ECHR signifies that it does not set outany particular list if legal grounds but it simply emphasizes on the necessity of a statutory basisand the conditions that such legal basis is required to fulfill. Convention 108The Council of Europe’s Convention 108 that was signed in 1981 established the need toprotect personal data as a different concept altogether. McGeveran (2016) believes that thefundamental idea behind the evolution of such concept did not imply that processing of personaldata shall always be perceived as ‘interference with privacy’ instead it was perceived as aconcept that safeguards the fundamental rights and freedoms. In regards to the right of suchpersons to privacy, processing of personal data shall be permitted only when certain conditions
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