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Information Sovereignty

Data Privacy, Sovereign Powers and the Rule of Law Radim Polcak, Institute of Law and Technology, Faculty of Law, Masaryk University, Czech Republic and Dan Jerker B. Svantesson, Centre for Commercial Law, Faculty of Law, Bond University, Australia
This thought-provoking work elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. It also provides for the method to resolve situations where informational domains of individuals and/or states collide. Information Sovereignty combines a philosophical and methodological analysis of the phenomena of information, sovereignty and privacy. It also encompasses more practical discussions of cybersecurity and cross-border processing of personal data, including in the context of cross-border discovery of digital evidence.
Extent: 288 pp
Hardback Price: $135.00 Web: $121.50
Publication Date: 2017
ISBN: 978 1 78643 921 5
Availability: In Stock
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  • Law - Academic
  • Information and Media Law
Data not only represent an integral part of the identity of a person, they also represent, together with other essentials, an integral part of the identity of a state. Keeping control over such data is equally important for both an individual and for a state to retain their sovereign existence. This thought-provoking book elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law.

Information Sovereignty combines a philosophical and methodological analysis of the phenomena of information, sovereignty and privacy. Providing insights into previously unexplored parallels between information privacy and information sovereignty, it examines cross-border discovery, cybersecurity and cyber-defence operations, and legal regimes for cross-border data transfers, encompassing practical discussions from a fresh perspective. In addition, it offers an accessible overview of complex theoretical matters in the domain of Internet legal theory and international law and, crucially, a method to resolve situations where informational domains of individuals and/or states collide.

This pioneering state-of the-art assessment of information law and legal theory is a vital resource for students, academics, policy-makers and practitioners alike, seeking a guide to the phenomena of information, sovereignty and privacy.
‘A provocative, well-argued and entertaining critique of jurisdictional dogmas. With pragmatism and creative flair, and with an eye to the informational realities of our age, the authors show why and how legal regulatory policy must be decoupled from its obsession with territoriality as the primary basis for asserting jurisdiction.’
– Lee Andrew Bygrave, University of Oslo, Norway

‘This book deals with a crucial question not only for information law, but for law in general, namely how the concept of sovereignty should apply to flows of digital information in a globalized world. The authors have re-thought questions of jurisdiction and applicable law for the Internet age in a way that is at the same time learned, imaginative, entertaining, and illuminating.’
– Christopher Kuner, VUB Brussel, Belgium and editor-in-chief, International Data Privacy Law
Contents: Foreword by Vera Jourová, European Commissioner for Justice, Consumers and Gender Equality 1. Introduction 2. Potemkin’s laws 3. International information sovereignty 4. Private information sovereignty 5. The legal culture of the horse 6. A possible method for solving sovereignty clashes 7. Cybersecurity for hedgehogs 8. Law enforcement for hedgehogs 9. Cross-border data transfers for hedgehogs 10. Conclusions Bibliography Index