Operationalizing Expectations and Mapping Challenges of Information Privacy and Data Protection Measures: A Machine-Generated Literature Overview

This book offers a machine-generated literature overview of the legal and ethical considerations, in the context of technological growth, over implementing privacy and data protection measures in the last three decades. It showcases the expectations and challenges in mapping and operationalizing the information privacy and data protection measures. It is the second of a two volume exploration of the narrative, wherein both volumes have consciously tried to remain both jurisdictional and technology neutral while considering a range of data protection and privacy issues. Towards that end, this volume addresses these issues at a conceptual level while dealing with the question of implementing data protection expectations in different environments. It, however, looks at the operational question of implementing the expectations, positioning itself in a context of ’conflict’ and ’uneasiness’ that often is assigned to the question of technology and privacy. Therefore, it starts with a chapter on these conflicts and contradictions before moving on to articles that effectively implement data protection principles in a tech environment. The second chapter gives us a sense of how privacy and data protection issues are no longer obscure incidents that happen to strangers. The following chapter provides a snapshot of examples where technical advancements offer effective and practical solutions in implementing data protection measures to protect the privacy of individuals. The final two chapters portray the extent of risks that individuals face in the tech environment and how often privacy and data protection questions come between technical growth and advancement.

The first volume, titled ’Expectations vs Realities of Information Privacy and Data Protection Measures’, captures overarching issues about data protection and privacy; conceptualizes data protection from different perspectives and its existing debates with other rights and developments in a democratic society; provides a snapshot of developments happening in various jurisdictions and how data protection framework engages with other laws. It also broaches the critical issue of consent and how consent as a requirement has evolved and integrated with health research and other allied areas. The effective interventions by the human expert in both volumes add immense value to the machine-generated content and highlight future trends of research. The volumes are an invaluable resource for not only researchers, but also policy makers, practitioners, corporate sector, across disciplines, and anyone looking to get an idea about the evolution of privacy, data protection issues and how these issues stand with technological growth in the last three decades since 1990.

Prof. (Dr.) Indranath Gupta is Professor at the Jindal Global Law School and Dean of Research at O.P. Jindal Global University, India. He is the Director of Jindal Initiative on Research in IP and Competition (JIRICO), and a Senior Fellow at the Jindal Institute of Behavioural Sciences (JIBS). He is currently the Jean-Monnet Chair- Academic Coordinator for the project ’Multi-dimensional Approaches to the Understanding of the E.U. Data Protection Framework’. He has been also invited as a Jean Monnet Visiting Research Fellow at the Centre of Excellence, Jean Monnet Centre for Intellectual Property & Management, Bournemouth University, UK. Prof. Gupta was earlier appointed as the research collaborator by the Università Bocconi, Milan, Italy, for a project funded by the European Commission under the 7th Framework Programme. He participated in a multi-jurisdictional project on Digital Era Competition: A BRICS View, whose report was published by the BRICS Competition Law and Policy Centre.

Professor Gupta holds two LL.M. degrees (taught and research) from the University of Aberdeen, UK, and the University of East Anglia, UK, and a PhD from Brunel University, London. He also taught at the Brunel Law School during this PhD, which looked at the transnational influence of the US Supreme Court’s judgement in the Feist case in the framing of the Database Directive in the European Union. Prof. Gupta specialises in Technology Law and aspects of Intellectual Property Law. Over the years, he has offered courses such as Data Protection Law, Information Technology Law, Music and Copyright, and EU Law and Approaches to New Technology. He has contributed in reputed journals such as the European Intellectual Property Review, Journal of World Intellectual Property, International Journal of Law and Information Technology, Journal of Intellectual Property Law & Practice, Journal of Data Protection and Privacy, Economic and Political Weekly, and European Journal for Law and Technology. He has worked extensively with Springer on several book projects of all kinds, the latest being an in-process Major Reference Work titled ’Handbook on Originality in Copyright: Cases and Materials’, currently available as a Living Edition on SpringerLink.