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 10: Conclusions

Data Privacy, Sovereign Powers and the Rule of Law

Radim Polcak and Dan J.B. Svantesson


Our hero Keith Floyd – to whom this book is dedicated – once said, ‘Cooking is an art and patience a virtue … Careful shopping, fresh ingredients and an unhurried approach are nearly all you need’.1 We think that something similar is applicable to law, and more precisely to the reform of the law. Paraphrasing Floyd, we argue that law reform is an art and patience indeed a virtue. Careful shopping (of ideas), fresh ingredients and an unhurried approach are nearly all you need. We are hoping that this book may provide some of the much-needed fresh ingredients.

Floyd’s call for an unhurried approach, and his observation that patience is a virtue, may seem unrealistic when applied to law-making, given the fast pace with which technology develops. It is also true that in some fields – for example law enforcement cross-border access to data – the discussions have been going on long enough to make it reasonable to expect the world to be ready to make mature and sensible decisions. At the same time, however, we need to make sure that the solutions we advance are properly thought through. It simply is not good enough to see utterly misguided proposals such as the original version of Article 3 of the EU’s General Data Protection Regulation, which would have allowed Europeans to rely on EU data privacy law wherever in the world they travelled. That proposal was a beta version that was as unready for the world as was Samsung’s...

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.