Information Sovereignty: Data Privacy, Sovereign Powers And The Rule Of Law

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This thought-provoking work elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. It also provides for the method to resolve situations where informational domains of individuals and/or states collide. Information Sovereignty combines a philosophical and methodological analysis of the phenomena of information, sovereignty and privacy. It also encompasses more practical discussions of cybersecurity and cross-border processing of personal data, including in the context of cross-border discovery of digital evidence. Data not only represent an integral part of the identity of a person, they also represent, together with other essentials, an integral part of the identity of a state. Keeping control over such data is equally important for both an individual and for a state to retain their sovereign existence. This thought-provoking book elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. Information Sovereignty combines a philosophical and methodological analysis of the phenomena of information, sovereignty and privacy. Providing insights into previously unexplored parallels between information privacy and information sovereignty, it examines cross-border discovery, cybersecurity and cyber-defence operations, and legal regimes for cross-border data transfers, encompassing practical discussions from a fresh perspective. In addition, it offers an accessible overview of complex theoretical matters in the domain of Internet legal theory and international law and, crucially, a method to resolve situations where informational domains of individuals and/or states collide. This pioneering state-of the-art assessment of information law and legal theory is a vital resource for students, academics, policy-makers and practitioners alike, seeking a guide to the phenomena of information, sovereignty and privacy.

Author(s): Radim Polcak, Dan J.B. Svantesson
Edition: 1
Publisher: ‎Edward Elgar Publishing
Year: 2017

Language: English
Commentary: TruePDF
Pages: 288
Tags: Computer Security: Law And Legislation; Computer Security: Europe; Data Protection: Europe; Privacy, Right Of; Data Protection: Law And Legislation; Disclosure Of Information: Law And Legislation

Cover
Half Title
Dedication
Title
Copyright
Contents
Foreword
Acknowledgements
List of Abbreviations
Table of authorities
Chapter 1 | Introduction
Chapter 2 | Potemkin’s laws
Chapter 3 | International information sovereignty
Chapter 4 | Private information sovereignty
Chapter 5 | The legal culture of the horse
Chapter 6 | A possible method for solving sovereignty clashes
Chapter 7 | Cybersecurity for hedgehogs
Chapter 8 | Law enforcement for hedgehogs
Chapter 9 | Cross-border data transfers for hedgehogs
Chapter 10 | Conclusions
Bibliography
Index