European Data Privacy Colonisation: Current Developments and a Call for a New Paradigm in International Law

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Recent data-related cases, such as the Google Spain case and the dispute between Microsoft and the US Government over the access to data held by Microsoft in Ireland, highlight flaws in the current thinking on jurisdiction in both private, and public, international law.

This seminar brings attention to issues such as: (1) the unproductive focus on ‘extraterritoriality’, (2) the need to recognise a fourth type of jurisdiction in international law, (3) the increasing significance of ‘scope of jurisdiction’, and (4) more broadly the need for a new paradigm of jurisdiction in international law ending the ‘tyranny of territoriality’.

In addition, attention is brought to some of the latest developments with respect to data (privacy) regulation including: (1) the EU-US umbrella agreement, (2) the new US safe harbour regime, (3) the FCA Investigation of Google on WiFi wire-tapping, and (4) satellite wire-tapping of classified data.

Speakers:

Professor Dan Svantesson – Bond University
Professor Svantesson is a Co-Director of the Centre for Commercial Law at the Faculty of Law and a Researcher at the Swedish Law & Informatics Research Institute, Stockholm University. He specialises in international aspects of the IT society, a field within which he has published a range of books and articles, and given presentations in Australia, Asia, North America and Europe. He is an ARC Future Fellow (2012-2016) and the Managing Editor for International Data Privacy Law, published by Oxford University Press. He is a Member of the Editorial Boards for the International Journal of Law and Information Technology, the Commonwealth Law Bulletin, the International Review of Law Computers and Technology, the Masaryk University Journal of Law and Technology and the Computer Law and Security Review.

Professor Radim Polcak – Masaryk University
Radim Polcak is the head of the Institute of Law and Technology (ILT) at the Faculty of Law, Masaryk University. He teaches and publishes in ICT law, energy law, legal theory and legal philosophy at Masaryk University and lectures at law schools and judicial training institutions in Europe and the US. Radim is also the general chair of the Cyberspace annual international conference; editor-in-chief of the Masaryk University Journal of Law and Technology (MUJLT); editor-in-chief of the Review of Law and Technology (Revue pro právo a technologie) and a member of the editorial boards and governing bodies of ICT-law focused scientific journals and international conferences in the Czech Republic, around the EU and Asia. He is a panelist at the .eu ADR arbitration court, a member of the Council of the European Law Institute, a founding member of the European Academy of ICT and Law, head of observer delegations of the ILT at UNCITRAL and a member of various governmental and scientific expert and advisory bodies.

CIS website

Organizer

Center for Internet and Society

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