Sanjay Sharma

Data Privacy and GDPR Handbook (eBook, ePUB)

• Format: ePub

Produktbeschreibung

The definitive guide for ensuring data privacy and GDPR compliance Privacy regulation is increasingly rigorous around the world and has become a serious concern for senior management of companies regardless of industry, size, scope, and geographic area. The Global Data Protection Regulation (GDPR) imposes complex, elaborate, and stringent requirements for any organization or individuals conducting business in the European Union (EU) and the European Economic Area (EEA)--while also addressing the export of personal data outside of the EU and EEA. This recently-enacted law allows the imposition of fines of up to 5% of global revenue for privacy and data protection violations. Despite the massive potential for steep fines and regulatory penalties, there is a distressing lack of awareness of the GDPR within the business community. A recent survey conducted in the UK suggests that only 40% of firms are even aware of the new law and their responsibilities to maintain compliance. The Data Privacy and GDPR Handbook helps organizations strictly adhere to data privacy laws in the EU, the USA, and governments around the world. This authoritative and comprehensive guide includes the history and foundation of data privacy, the framework for ensuring data privacy across major global jurisdictions, a detailed framework for complying with the GDPR, and perspectives on the future of data collection and privacy practices. * Comply with the latest data privacy regulations in the EU, EEA, US, and others * Avoid hefty fines, damage to your reputation, and losing your customers * Keep pace with the latest privacy policies, guidelines, and legislation * Understand the framework necessary to ensure data privacy today and gain insights on future privacy practices The Data Privacy and GDPR Handbook is an indispensable resource for Chief Data Officers, Chief Technology Officers, legal counsel, C-Level Executives, regulators and legislators, data privacy consultants, compliance officers, and audit managers.

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Produktdetails

• Verlag: Jossey-Bass
• Seitenzahl: 496
• Erscheinungstermin: 27. November 2019
• Englisch
• ISBN-13: 9781119594192
• Artikelnr.: 58421493

Autorenporträt

SANJAY SHARMA, PHD, is the founder and chairman of GreenPoint Global - a data privacy, risk advisory, education, and technology services firm headquartered in New York with over 350 employees and a global footprint. Sanjay is a 30-year veteran of the financial services industry and has held C-level positions in banking, technology, and risk management at firms including Royal Bank of Canada, Goldman Sachs, Merrill Lynch, Citigroup, Moody's, and Natixis. He teaches graduate courses at four universities in New York City, London, and Nice, France. He has extensive experience in data privacy and management of risk associated with large data frameworks. He holds a PHD in finance and international business from New York University and an MBA from the Wharton School of Business, and has undergraduate degrees in physics and marine engineering. He lives with his family in Rye, New York.

Inhaltsangabe

1 Origins and Concepts of Data Privacy 1

1.1 Questions and Challenges of Data Privacy 2

1.1.1 But Cupid Turned Out to Be Not OK 3

1.2 The Conundrum of Voluntary Information 3

1.3 What is Data Privacy? 5

1.3.1 Physical Privacy 5

1.3.2 Social Privacy Norms 5

1.3.3 Privacy in a Technology-Driven Society 5

1.4 Doctrine of Information Privacy 6

1.4.1 Information Sharing Empowers the Recipient 6

1.4.2 Monetary Value of Individual Privacy 7

1.4.3 "Digital Public Spaces" 7

1.4.4 A Model Data Economy 8

1.5 Notice-and-Choice versus Privacy-as-Trust 9

1.6 Notice-and-Choice in the US 9

1.7 Enforcement of Notice-and-Choice Privacy Laws 11

1.7.1 Broken Trust and FTC Enforcement 11

1.7.2 The Notice-and-Choice Model Falls Short 12

1.8 Privacy-as-Trust: An Alternative Model 13

1.9 Applying Privacy-as-Trust in Practice: The US Federal Trade Commission 14

1.9.1 Facebook as an Example 15

1.10 Additional Challenges in the Era of Big Data and Social Robots 16

1.10.1 What is a Social Robot? 16

1.10.2 Trust and Privacy 17

1.10.3 Legal Framework for Governing Social Robots 17

1.11 The General Data Protection Regulation (GDPR) 18

1.12 Chapter Overview 19

Notes 21

2 A Brief History of Data Privacy 23

2.1 Privacy as One's Castle 23

2.1.1 Individuals' "Castles" Were Not Enough 24

2.2 Extending Beyond the "Castle" 24

2.3 Formation of Privacy Tort Laws 24

2.3.1 A Privacy Tort Framework 25

2.4 The Roots of Privacy in Europe and the Commonwealth 25

2.5 Privacy Encroachment in the Digital Age 26

2.5.1 Early Digital Privacy Laws Were Organic 27

2.5.2 Growth in Commercial Value of Individual Data 27

2.6 The Gramm-Leach-Bliley Act Tilted the Dynamic against Privacy 28

2.7 Emergence of Economic Value of Individual Data for Digital Businesses 29

2.7.1 The Shock of the 9/11 Attacks Affected Privacy Protection Initiatives 29

2.7.2 Surveillance and Data Collection Was Rapidly Commercialized 30

2.7.3 Easing of Privacy Standards by the NSA Set the Tone at the Top 30

2.8 Legislative Initiatives to Protect Individuals' Data Privacy 31

2.9 The EU Path 33

2.9.1 The Internet Rights Revolution 34

2.9.2 Social Revolutions 34

2.10 End of the Wild West? 37

2.11 Data as an Extension of Personal Privacy 37

2.12 Cambridge Analytica: A Step Too Far 39

2.13 The Context of Privacy in Law Enforcement 39

Summary 41

Notes 41

3 GDPR's Scope of Application 45

3.1 When Does GDPR Apply? 45

3.1.1 "Processing" of Data 46

3.1.2 "Personal Data" 47

3.1.3 Exempted Activities under GDPR 51

3.2 The Key Players under GDPR 52

3.3 Territorial Scope of GDPR 54

3.3.1 Physical Presence in the EU 54

3.3.2 Processing Done in the Context of the Activities 55

3.3.3 Users Based in the EU 56

3.3.4 "Time of Stay" Standard 57

3.4 Operation of Public International Law 57

Notes 57

4 Technical and Organizational Requirements under GDPR 61

4.1 Accountability 61

4.2 The Data Controller 62

4.2.1 Responsibilities of the Controller 63

4.2.2 Joint Controllers and Allocating Liability 65

4.2.3 The Duty to Cooperate with the SA 68

4.3 Technical and Organizational Measures 69

4.3.1 Maintain a D