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Cybersecurity and Data Laws of the Commonwealth

International Trade, Investment and Arbitration

  • Book
  • © 2023

Overview

Authors:
  1. Robert Walters

    1. Victoria University, Melbourne, Australia

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  • Compares data protection legislation and laws of the United Kingdom with those of all other Commonwealth nations

  • Addresses some of practical applications of data agreements between states needed to adequately facilitate flow of data

  • Contributes to the ongoing study and understanding of data protection law across Commonwealth

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Table of contents (29 chapters)

  1. Front Matter

    Pages i-xv
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  2. Problem Definition

    1. Front Matter

      Pages 1-3
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    2. Introduction

      • Robert Walters
      Pages 5-46

  3. Data Laws

    1. Front Matter

      Pages 47-47
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    2. Data Flows and Data Protection Law

      • Robert Walters
      Pages 49-74

    3. Definitions Personal Data—Information

      • Robert Walters
      Pages 75-99

    4. Regulator

      • Robert Walters
      Pages 101-117

    5. Controller, Consent, Processing

      • Robert Walters
      Pages 119-146

    6. Storage Retention

      • Robert Walters
      Pages 147-157

    7. Localisation

      • Robert Walters
      Pages 159-167

    8. Data Flows: International Transfer

      • Robert Walters
      Pages 169-184

    9. Data Portability

      • Robert Walters
      Pages 185-191

    10. Right to Be Forgotten [RTBF]: Erasure

      • Robert Walters
      Pages 193-199

    11. Public and Private Sectors

      • Robert Walters
      Pages 201-207

    12. Data Rights

      • Robert Walters
      Pages 209-217

  4. Cyber Security Legal Concepts

    1. Front Matter

      Pages 219-219
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    2. Cyber Security Laws

      • Robert Walters
      Pages 221-233

    3. Illegal Access

      • Robert Walters
      Pages 235-246

    4. Interfering with Data

      • Robert Walters
      Pages 247-256

    5. Interfering with a Computer System

      • Robert Walters
      Pages 257-266
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Keywords

About this book

The book has been authored by a highly regarded international legal scholar and practitioner in transnational commercial and private law.  The book highlights how the legal landscape for  data protection, cross-border data flows and cybersecurity law is highly diverse and fragmented amongst all commonwealth countries. The book focuses on addressing the gaps in data, cybersecurity and national arbitration law of these countries. This is because, data and cybersecurity underpin digital trade and investment. The aim of this book is to promote more engagement and collaboration between commonwealth countries, to ensure they capitalise on the growing digital economy.  
 
Notwithstanding the above, the digital economy is rapidly changing the way we work and live. When coupled together cybersecurity and data law will be an important components of the future digital economy. That said, there will likely be disputes, and international arbitration can be an effective legal mechanism to resolve trade and investment disputes across the digital economy. On that basis, this book augments how the respective laws of commonwealth countries, along with the model data and cyber laws of the Commonwealth should be reviewed to minimise any legal divergence. More legal convergence is needed.
 
This book provides a comparison and practical guide for academics, students, and the business community of the current day data protection laws and cross-border data flows among all commonwealth countries.




Authors and Affiliations

  • Victoria University, Melbourne, Australia

    Robert Walters

About the author

Robert Walters is a Senior Lecturer and Head of the Digital Economy Research Group at Victoria University-Australia, Adjunct Professor European Faculty of Law, Slovenia, Europe, Adjunct Senior Research Fellow University Western Australia, and advisor to the Corporate and Insolvency Center - Gujarat National Law University, India. He is a Solicitor and an International Arbitrator (Life Member Indian Council of Arbitrators). He holds an LLB (Victoria), MPPM (Monash), and Ph.D. Law (Victoria). Walters is a legal scholar and practitioner in transnational commercial and private law in the digital economy. Dr Walters has been engaged by national governments to address commercial and private law matters and develop legal-policy programs for the digital economy. He is a member of ASEAN Law Association—Singapore and Asia Pacific Scholar (Privacy/Data Protection) Network. He has chaired Government Appointed Advisory Committee and represented government departments to Government Law Reform Committees in Australia. He also has a law enforcement/investigations background and represented a government department as a Prosecutor in the Courts, within Australia for more than 8 years.

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