Acknowledgements |
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Abbreviations |
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xi | |
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xv | |
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xvii | |
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xxiii | |
Introduction |
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1 | (8) |
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I Investigating the Relationship of the Triad |
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2 | (3) |
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5 | (4) |
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PART 1 INTRODUCING CYBERSECURITY, PRIVACY AND DATA PROTECTION LAW AND THEIR INTERPLAY |
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1 Cybersecurity, Privacy and Data Protection: An Analytical Framework |
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9 | (31) |
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I Studying the Relationship between Cybersecurity, Privacy and Data Protection |
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10 | (16) |
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A Introducing Cybersecurity, Privacy and Data Protection (the Triad) |
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10 | (5) |
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B The Ambivalent Relationship of the Triad |
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15 | (7) |
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C Towards an Analytical Framework to Study the Reconciliation of the Triad |
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22 | (4) |
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II The Triad within the EU Constitutional Architecture: A Policy, Law and Technology Analysis |
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26 | (12) |
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A The EU Constitutional Architecture as a Constraint on the Relationship between Cybersecurity, Privacy and Data Protection |
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27 | (9) |
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B Cybersecurity, Privacy and Data Protection as Situated Objects: Law, Policy and Technology |
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36 | (2) |
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III Conclusion: An Analytical Framework to Study the Relationship of the Triad |
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38 | (2) |
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2 The EU Cybersecurity Policy |
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40 | (28) |
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I The Development of the EU Cybersecurity Policy |
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40 | (12) |
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A The EU's Approach to the Security of Cyberspace before 2013 |
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40 | (5) |
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B The Adoption of the EU Cybersecurity Policy |
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45 | (3) |
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C The 2017 `Update' to the Cybersecurity Policy |
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48 | (2) |
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D The 2020 Cybersecurity Policy |
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50 | (2) |
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II The EU Cybersecurity Policy and Law Landscape |
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52 | (14) |
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A Network and Information Security (NIS) and the DSM |
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53 | (4) |
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B Cybercrime, e-Evidence and the AFSJ |
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57 | (5) |
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C Cyber Defence, Diplomacy, Trade and the EA |
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62 | (4) |
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III Conclusion: Tensions within Cybersecurity and the Way Forward |
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66 | (2) |
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3 Privacy: The Right to Respect for Private and Family Life |
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68 | (29) |
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I Sources and Scope of Article 7 CFR |
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68 | (9) |
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A Determination of the Relevant Sources to Interpret Article 7 CFR |
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69 | (2) |
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B The Correspondence between Articles 8 ECHR and 7 CFR |
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71 | (6) |
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II Essential Components of Article 7 of the Charter |
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77 | (17) |
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A `Everyone has the Right to' |
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77 | (1) |
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B `Respect for': Vertical and Horizontal Obligations |
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78 | (2) |
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C `His or Her Private Life' |
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80 | (8) |
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D Family Life (The `Inner Circle') |
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88 | (2) |
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90 | (1) |
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F (Confidential) Communications |
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91 | (3) |
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III Conclusion: Essential Components of Article 7 CFR, Essence |
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94 | (3) |
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4 The Right to the Protection of Personal Data |
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97 | (32) |
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I Sources of Article 8 CFR |
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97 | (14) |
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98 | (4) |
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B Council of Europe Instruments: The ECHR and Convention 108 |
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102 | (8) |
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110 | (1) |
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II Essential Components of Article 8 CFR |
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111 | (14) |
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A Paragraph One: An Inclusive Right to Data Protection |
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111 | (8) |
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B Paragraph Two: Obligation to Process Data Fairly, Purpose Limitation as Essence and Data Subjects' Rights |
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119 | (3) |
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C Everyone has the Right of Access to Data which has been Collected Concerning Him or Her, and the Right to have it Rectified |
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122 | (1) |
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D Paragraph Three: Control by an Independent Authority Ensuring Compliance |
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123 | (2) |
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III Conclusion: Essential Components of Article 8 CFR, Essence |
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125 | (4) |
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PART 2 TECHNOLOGY AND THE TRIAD IN THE DSM, THE AFSJ AND THE EA |
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5 Cybersecurity, Privacy and Data Protection as Techno-Legal Objects: Investigating the Role of Technology |
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129 | (28) |
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I Leveraging Technology to Appraise the Reconciliation of the Triad |
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130 | (11) |
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A Technology: Security Properties, Threat Modelling, Protection Goals and Design Strategies |
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130 | (2) |
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B Linking Technological and Legal Notions of Cybersecurity, Privacy and Data Protection |
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132 | (6) |
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C Mode of Reconciliation of the Triad: From Overlap to Indeterminacy |
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138 | (3) |
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II Technology as a Regulatory Target: The Effacement of Technology from the Law and its Consequences |
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141 | (11) |
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A The Principle of Technology Neutrality |
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142 | (2) |
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B The Principle of `By Design' |
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144 | (2) |
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C TN and By Design in Practice: TOMs, SoA, Standards and the New Legislative Framework |
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146 | (6) |
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D Interim Conclusions: Technology Effacement and Indeterminacy |
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152 | (1) |
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III Courts, the Effacement of Technology and the Indeterminacy Loop |
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152 | (3) |
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155 | (2) |
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6 The DSM: Network and Information Security (NIS), Privacy and Data Protection |
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157 | (38) |
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I Reconciliation of Network and Information Security, Privacy and Data Protection: Policy |
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158 | (2) |
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II Reconciliation of NIS, Privacy and Data Protection: Law |
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160 | (17) |
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A Overview of Legal Instruments Relevant to NIS |
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161 | (1) |
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B Comparative Analysis of Selected Instruments |
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162 | (14) |
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C Interim Conclusion: Strong Reconciliation of NIS with Privacy and Data Protection in the Law |
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176 | (1) |
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III Reconciliation of NIS, Privacy and Data Protection: Technology |
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177 | (16) |
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A State-of-the-Art ToMs and the Regulation of ICT Products, Services and Processes: Strong Reconciliation (Im)possible? |
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178 | (4) |
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B State of the Art Technical Measures: The Example of Deep Packet Inspection (DPI) |
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182 | (11) |
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IV Conclusion: Strong Reconciliation of NIS with Privacy and Data Protection Challenged by Technology |
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193 | (2) |
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7 The AFSJ: The Fight against Cybercrime, e-Evidence, Privacy and Data Protection |
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195 | (45) |
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I Reconciliation of the Fight against Cybercrime, e-Evidence, Privacy and Data Protection: Policy |
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196 | (4) |
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II Reconciliation of the Fight against Cybercrime, e-Evidence, Privacy and Data Protection: Law |
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200 | (29) |
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A Reconciling the Fight against Cybercrimes with Privacy and Data Protection |
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202 | (17) |
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B How the Collection of e-Evidence Affects the Reconciliation of the Fight against Cybercrime with Privacy and Data Protection |
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219 | (10) |
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III Reconciliation of the Fight against Cybercrime, E-evidence, Privacy and Data Protection: Technology |
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229 | (10) |
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A `Use of Tools' and Implicit Reference to Technology Neutrality (TN) |
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230 | (2) |
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B Deep Packet Inspection (DPI) in the Fight against Cybercrimes |
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232 | (5) |
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C Beyond DPI: Technical Measures to Fight Cybercrime and Visions of Reconciliation Through Technology |
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237 | (2) |
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IV Conclusion: Weak Reconciliation of the Fight against Cybercrime, e-Evidence, Privacy and Data Protection Challenged by Technology |
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239 | (1) |
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8 The EA: `Cyber' External Action, Privacy and Data Protection |
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240 | (21) |
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I Reconciliation of Cybersecurity, Privacy and Data Protection in the EA: Policy |
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241 | (3) |
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II Reconciliation of Cybersecurity, Privacy and Data Protection in the EA: Law |
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244 | (11) |
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A The Overarching Framework for the Relationship between the Triad in the EA |
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245 | (3) |
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B The Cyber Diplomacy Toolbox with a Focus on Cyber-Related Restrictive Measures |
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248 | (6) |
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C Reconciliation of Cybersecurity, Privacy and Data Protection in EA Law |
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254 | (1) |
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255 | (4) |
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A The Importance of Technical Attribution for RMs and Some Considerations on Deep Packet Inspection |
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256 | (1) |
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B The Effacement of Technology: International Flow of Values, Norms, Ideas and Impact on the Triad |
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257 | (2) |
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IV Conclusion: Weak Reconciliation of Cyber External Action, Privacy and Data Protection Challenged by Technology |
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259 | (2) |
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261 | (9) |
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261 | (6) |
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II Research Trajectories and the Future of the Triad |
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267 | (3) |
Bibliography |
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270 | (23) |
Index |
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293 | |