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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.
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Chapter 6: A possible method for solving sovereignty clashes

Data Privacy, Sovereign Powers and the Rule of Law

Radim Polcak and Dan J.B. Svantesson

Extract

Chapter 6 notes how territoriality has maintained its status as the jurisprudential core principle underpinning our thinking on jurisdiction, and advances an alternative framework for jurisdiction that better corresponds to the reality of our contemporary world. The framework – which focuses on (1) substantial connection, (2) legitimate interest and (3) interest balancing – is discussed in detail laying the foundation for the use of the framework in later chapters. Key words: territoriality, substantial connection, legitimate interest, interest balancing, proportionality, Internet jurisdiction, jurisdiction

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