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This book on privacy and data protection offers readers conceptual analysis as well as thoughtful discussion of issues, practices, and solutions. It features results of the seventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2014, held in Brussels January 2014.The book first examines profiling, a persistent core issue of data protection and privacy. It covers the emergence of profiling technologies, on-line behavioral tracking, and the impact of profiling on fundamental rights and values. Next, the book looks at preventing privacy risks and harms through impact assessments. It contains discussions on the tools and methodologies for impact assessments as well as case studies.The book then goes on to cover the purported trade-off between privacy and security, ways to support privacy and data protection, and the controversial right to be forgotten, which offers individuals a means to oppose the often persistent digital memory of the web.Written during the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission, this interdisciplinary book presents both daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.

This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. The first section of the book provides an overview of developments in data protection in different parts of the world. The second section focuses on one of the most captivating innovations of the data protection package: how to forget, and the right to be forgotten in a digital world. The third section presents studies on a recurring, and still important and much disputed, theme of the Computers, Privacy and Data Protection (CPDP) conferences: the surveillance, control and steering of individuals and groups of people and the increasing number of performing tools (data mining, profiling, convergence) to achieve those objectives. This part is illustrated by examples from the domain of law enforcement and smart surveillance. The book concludes with five chapters that advance our understanding of the changing nature of privacy (concerns) and data protection.

Front -- Table of Contents -- Abstracts -- Introduction Security, Migration and Integration -- Chapter 1 Trends in European Immigration Policies -- Chapter 2 The European Paradox of Unwanted Immigration -- Chapter 3 Turkey's Conscientious Objectors and the Enactment of European Citizenship -- Chapter 4 Legal Borders in Europe: The Waiting Zone -- Chapter 5 Financing Terrorism - The Struggle for Dominance Between the Political and Judicial in EU and National Settings -- Chapter 6 Biospheric Security: The Development-Security-Environment-Nexus [DESNEX], Containment and Retrenching Fortress Europe -- Chapter 7 Beyond the Tartar Steppe: EUROSUR and the Ethics of European Border Control practices -- Chapter 8 The Development of the European Border Surveillance System (EUROSUR) -- Chapter 9 Inclusion for the Sake of Exclusion: The Legal Authority of Immigration Laws -- Chapter 10 When 'Digital Borders' Meet 'Surveilled Geographical Borders': Why the Future of EU Border Management is a Problem -- Chapter 11 Policing Schengen -- List of Contributors.

This article explores the "fair trial" as a good practice for the construction of public proof. If proof signifies closure on matter(s) at hand, and publicness is taken to signify both "access to" and "participation in" the construction of proof by the publics concerned, the authors contend that the "fair trial" is a good example of building public proof and that its backbone constraints can be of great interest to the defenders and advocates of participative Technology Assessment (pTA), especially citizens' juries.

In this contribution we argue 'that juries make sense'. By this we mean that it makes sense to introduce or sustain lay participation in judicial decision making, and that this is the case because juries in fact 'make sense' because they generate new common sense concerning the case at hand. Referring to the deficits of contemporary democratic politics, we explore John Dewey's theory of democracy, which centres on the construction of concerned 'publics'. A recent example of such 'publics' under construction are the citizens' juries that are involved in participatory Technology Assessment (pTA). Our claim is that both trial juries and pTA citizens' juries can be understood as democratic practices that cannot be explained with reference to traditional aggregative or deliberative models of democratic theory. We discuss Chantal Mouffe's agonistic theory of democracy and Rip's agonistic learning processes to advocate the importance of collective decision-making processes, which form the core of jury deliberation. To produce robust outcomes, the principles that constitute the procedure of the fair trial are advocated as constraints that generate sound consensus.

In this contribution we argue 'that juries make sense'. By this we mean that it makes sense to introduce or sustain lay participation in judicial decision making, and that this is the case because juries in fact 'make sense' because they generate new common sense concerning the case at hand. Referring to the deficits of contemporary democratic politics, we explore John Dewey's theory of democracy, which centres on the construction of concerned 'publics'. A recent example of such 'publics' under construction are the citizens' juries that are involved in participatory Technology Assessment (pTA). Our claim is that both trial juries and pTA citizens' juries can be understood as democratic practices that cannot be explained with reference to traditional aggregative or deliberative models of democratic theory. We discuss Chantal Mouffe's agonistic theory of democracy and Rip's agonistic learning processes to advocate the importance of collective decision-making processes, which form the core of jury deliberation. To produce robust outcomes, the principles that constitute the procedure of the fair trial are advocated as constraints that generate sound consensus.

This book is about data protection, privacy and liberty and the way these fundamental values of our societies are protected and enforced, particularly in their interaction with the ever developing capacities and possibilities of information and communication technologies. The authors are all closely involved in data protection and privacy. They represent the stakeholders in the debate: practitioners, civil liberties advocates, civil servants, data protection commissioners and academics. Their contributions evaluate current European data protection law against the background of the introduction of increasingly powerful, miniaturized, ubiquitous and autonomic forms of computing. The book assesses data protection and privacy law by analyzing the actual problems (trans-border data flows, proportionality of the processing, and sensitive data) and identifying lacunae and bottlenecks, while at the same time looking at prospects for the future (web 2.0., RFID, profiling) and suggesting paths for a rethinking and reinvention of the fundamental principles and concepts. From this perspective the recent constitutional acknowledgment of data protection as a fundamental right has a transformative power and should create the opportunity for a dynamic, participative, inductive and democratic process of 'networked' re-invention of data protection. The present book aims to make a contribution by seizing on this opportunity.