This book explores the dynamic legal semantics of territory as applied
to data. It offers a theoretical assessment of the legal challenges
that data flows pose for the principle of territoriality and for state
sovereignty more generally. The concept of sovereignty has
traditionally developed in close connection with the exercise of
powers over a territory, and ideas of jurisdiction have always been
based on the principle of territoriality. Digitalization questions
however the very idea of physical frontiers. Interconnected networks
make data in effect borderless. Data can in fact be created, stored,
processed, and accessed anytime and from anywhere. The idea of the
book is upbeat: the law can keep pace with the ability of data to
fragment reality. The condition for this is that sovereignty
disconnects from territory. Disconnection is not getting rid of the
territory once and for all, it only means that for data alternatives
to the territorial connection exist. The analysis focuses on data
from a holistic perspective (personal and nonpersonal) with the aim of
investigating divergent and convergent solutions provided by different
branches of the law (data protection, IP law, international law, and
fundamental rights protection). It assesses in particular, the
relationships between digitalization and the principle of
territoriality, focusing on the specific legal aspects: the
connections between law and territory; the impact of digitalization on
state sovereignty; the use of extraterritoriality to circumvent
territorial limitations on data flows; the rise of digital
jurisdiction and its challenges; the interplay between digital
jurisdiction and state sovereignty, and the alternative technological
and legal solutions to data localization.
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How Data Fragmentation Reshapes the Law
Produktdetaljer
ISBN
9783031607349
Publisert
2024
Utgiver
Springer Nature
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter