Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Clarifying Lawful Overseas Use of Data Act; CLOUD Act; CLOUD Act agreements; data privacy; data protection; technology; cloud; direct access; data sharing; data protection; lawful data use; production orders; overseas production orders; international production orders; stored communications; SCA; overseas data; privacy; digital privacy; digital privacy rights; European Convention on Human Rights; international cooperation; international law; ECHR; law enforcement; international law enforcement; constitutional law; privacy; Fourth Amendment; Article 8; Article 1; criminal investigation; mutual legal assistance; mutual legal assistance treaties; mla; mlat; third country persons; us uk agreements; service provider; Verdugo-Urquidez; Microsoft Ireland; Al-Skeini; extraterritorial; extraterritoriality; territorial; territoriality; cross-border; law enforcement cooperation; comparative law; transnational law (1)
- European Union; EU; Brazil; GDPR; General Data Protection Regulation; LGPD; privacy regulation (1)
- General Data Protection Regulation; Data Protection; European Union; U.S. Surveillance Practices; National Security Agency; NSA; Small Business; European Data Privacy Law; Transatlantic Data Transfer; Data Protection Authorities (1)
- Genetic engineering; embryonic gene editing; Gene Manipulation; German law; Germany; Act for the Protection of Embryos; The Embryo Protection Act; CRISPR; assisted reproductive technology; designer babies; cloning; human cloning; Preimplantation Genetic Diagnoses; Foreign Law (1)
- Lei Geral de Proteção de Dados Pessoais; Michel Temer; data privacy; data privacy protection; data privacy law; ANDP; Autoridade Nacional de Proteção de Dados; privacy law; Brazilian Constitution; Consumer Code of Protection and Defense; CDC; Marco Civil Law of the Internet; enforcement mechanism; Latin America (1)
-
- Privacy; Data Privacy; Privacy Law; General Data Protection Regulation; GDPR; California Consumer Privacy Act; CCPA; Privacy Regulation; Cyber Security; Cybercrime; Hackers; Internet; Internet Law; Consumer Protection; Computer Law; International Law; Online Privacy; International Privacy; Brazil Data Privacy; GDPL; Massachusetts Data Privacy; Advertising Technology; Digital Advertising; Advertising; Digital Media; Technology; Media; Digital Marketing; Marketing; eCommerce; Intellectual Property; Compliance; Regulatory Compliance; European Union; EU; California; Data Mapping; Data Brokers; Privacy Rights; Personal Information; Information Commissioner’s Office; ICO; Consent; Opt-In; Opt-Out; Erasure; Internet Protocol Address; IP Address; Regulatory Burdens; Compliance Burdens (1)
- Right of publicity; privacy; data privacy; passing off; trademark; infringement; misappropriation; United Kingdom; UK; United States; US; California; New York; European Union; EU; social media; micro-influencer; intellectual property; IP; data protection; K Data Protection Act; General Data Protection Regulation; GDPR; California Consumer Privacy Act; CCPA; California Privacy Rights Act; CPRA; international; commercial; internet; online; brand; extraterritorial; identity; personal data; publicity; personality; likeness; persona (1)
- Sovereignty; jurisdiction; territoriality; data; technology; international law; state; border; elasticity; cross-border; transfer; regulations; privacy; China; European Union; United States; governance; conceptualization; theory; extraterritoriality; globalization; boundaries; GDPR; protection; digital; MLAT; internet; server; controller; processor; comparative; analysis; Cybersecurity Law; location; localization; infrastructure; network; transnational; CJEU; electronic evidence; provider; communication; CLOUD Act; SCA; DPD; reterritorization; representative; scope; mechanism; approach; dimension; cyberspace; Balkanization; fragmentation; conception; configuration; information; authority; political (1)
- Technology; cyber-surveillance; warfare; internet; authoritarian governments; authoritarianism; cyber warfare; cyber-surveillance warfare; human rights; non-state actors; International Code of Conduct for Private Security Service Providers; International Code of Conduct Association; ICoC; ICoCA; multinational enterprises; MNEs; mass surveillance; globalization; cyber torts; United Nations Guiding Principles of Business and Human Rights; Private Security Service Providers (1)
Articles 1 - 8 of 8
Full-Text Articles in Privacy Law
From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi
From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi
Brooklyn Journal of International Law
Currently, there is no global standard or recognition for the right of publicity. Even within the United States, the recognition, scope, and protections vary by state. As the world becomes increasingly reliant on social media for news, information, communication, and recommendations, micro-influencers and non-celebrities require a way to control their developed and curated name, image, and likeness from unauthorized commercial uses by others. Advertising is occurring more frequently online, and brands recognize the power that micro-influencers have on commerce. Some countries, like the United Kingdom, do not recognize the right of publicity, potentially leaving many individuals without recourse for the …
Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane
Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane
Brooklyn Journal of International Law
The United States (US) and United Kingdom (UK) will soon bring into force a new international law enforcement data sharing ‘CLOUD Act agreement’ (US-UK Agreement), the first of its kind under the Clarifying Lawful Overseas Use of Data Act 2018 (CLOUD Act). These agreements enable law enforcement in one state to directly request data from service providers based in the other state. They respond to long-standing concerns with the main mechanism for obtaining overseas data, mutual legal assistance (MLA). The US and UK claim the US-UK Agreement will significantly speed up data access relative to MLA while “respecting privacy and …
Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast
Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast
Brooklyn Journal of International Law
Traditionally, the world map and territorially bounded spaces have dominated the ways in which we imagine how states govern, make laws, and exercise their authority. Under this conception, reflected in traditional international law principles of territorial sovereignty, each state would have exclusive authority to govern and make laws over everything concerning the land within its borders. Yet developments like the proliferation of data flows, which are based on divisible, mobile, and interconnected components of data, are not territorially bounded. This presents a challenge to the traditional bases for territorial sovereignty and jurisdiction under international law, which some scholars claim is …
Easing The Burdens Of A Patchwork Approach To Data Privacy Regulation In Favor Of A Singular Comprehensive International Solution—The International Data Privacy Agreement, Scott Resnick
Brooklyn Journal of International Law
Data privacy has become one of the premier hot-button issues in today’s increasingly digital human experience. Legislatures around the globe have attempted to act swiftly in an effort to safeguard the highly coveted personal information of their citizens and combat misuse at the hands of international businesses operating with an online presence. Since the European Union’s enactment of the General Data Protection Regulation (GDPR) in 2018, countries around the globe have been grappling with how best to replicate the EU’s leading data privacy regulation while providing the same or greater level of transparency into data collection practices. While a mere …
The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger
The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger
Brooklyn Journal of International Law
Germany has the strictest genetic engineering laws in the world and bans virtually all kinds of embryonic gene editing. Since the invention of CRISPR, however, embryonic gene editing is more precise, and the possibilities of curing genetic diseases are more real than ever. This Note will argue for the right to embryonic gene editing through an analysis of German constitutional privacy and right to life jurisprudence. Ultimately, this Note argues for a right to procreate under German law that is backed by the state’s affirmative duty to encourage and protect life. When the technology is available, German Law should not …
The Need For A Shared Responsibility Regime Between State And Non-State Actors To Prevent Human Rights Violations Caused By Cyber-Surveillance Spyware, Anna W. Chan
Brooklyn Journal of International Law
Technology has undoubtedly contributed to the field of human rights. Internet connection and a smartphone has enabled activists to call out political leaders, shine light on human atrocities and organize mass protests through social media platforms. This has resulted in many authoritarian governments spending large amounts of their resources to purchase cyber-surveillance spyware systems from multi-national corporations to closely monitor and track their citizens for any signs of dissidence. Such technology has enabled authoritarian regimes to commit human right violations ranging from invasion of privacy, arbitrary arrest, arbitrary detention, torture and even murder. Despite the uncovering of such questionable transactions …
Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson
Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson
Brooklyn Journal of International Law
In the wake of the adoption of the European Union’s General Data Protection Regulation (GDPR) in May 2018, other countries and jurisdictions have contemplated personal data privacy legislation. In August 2018, the former president of Brazil, Michel Temer, signed the country’s comprehensive data privacy regulation, Lei Geral de Proteção de Dados Pessoais (LGPD), into law. Temer, however, vetoed many of the enforcement provisions. Shortly before leaving office, Temer signed an executive order creating a regulatory agency as the bill initially called for, but situated the agency under executive control instead of creating a wholly independent agency. This Note provides a …
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister
Brooklyn Journal of Corporate, Financial & Commercial Law
Fast-approaching changes to European data privacy law will have consequences around the globe. Historically, despite having dramatically different approaches to data privacy and data protection, the European Union and the United States developed a framework to ensure that the highspeed freeway that is transatlantic data transfer moved uninterrupted. That framework was overturned in the wake of revelations regarding U.S. surveillance practices, and amidst skepticism that the United States did not adequately protect personal data. Further, the European Union enacted the General Data Protection Regulation (GDPR), a sweeping overhaul of the legal data protection landscape that will take effect in May …