Show Less
You do not have access to this content

Information Sovereignty

Data Privacy, Sovereign Powers and the Rule of Law

Radim Polcak and Dan J.B. Svantesson

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.
Show Summary Details
You do not have access to this content

Chapter 3: International information sovereignty

Data Privacy, Sovereign Powers and the Rule of Law

Radim Polcak and Dan J.B. Svantesson

Extract

Chapter 3 provides an overview of relevant public, and private, international law with an emphasis on examining how various key concepts work in practice. Particular attention is given to the concepts of territoriality, extraterritorial jurisdiction, sovereignty, the duty of non-intervention, comity and due diligence. The chapter also discusses ‘consent’ as the basis of international law and examines an alternative basis advocated by Dworkins. In addition, there is an overview of how the attitudes towards Internet jurisdiction have varied over the years. Key words: international law, public international law, private international law, conflict of laws, sovereignty, extraterritoriality, consent

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.