This book advances an approach that combines the individual and the structural, systemic dimensions of data protection. It considers the right to data protection under the EU Charter and its relationship to the secondary legislation. Furthermore, the case law of the Court of Justice of the EU as well as current academic conceptualizations are analysed.The author finds that current approaches invariably link data protection to privacy and often fail to address the structural implications of data processing. He therefore suggests a dualistic approach to data protection: in its individual dimension, data protection aims to protect natural persons and their rights, while the structural dimension protects the democratic society as a whole from the adverse effects of data processing. Using this approach, the full potential of an independent right to data protection can be realized.Researchers, practitioners and students will find this a valuable resource on the rationales, scope and application of data protection.Felix Bieker is Legal Researcher at the Office of the Data Protection Commissioner of Schleswig-Holstein (Unabhängiges Landeszentrum für Datenschutz) in Kiel, Germany.
Format: Paperback / softback
CONTRIBUTORS: Felix Bieker
EAN: 9789462655058
COUNTRY: Netherlands
PAGES:
WEIGHT: 0 g
HEIGHT: 235 cm
PUBLISHED BY: T.M.C. Asser Press
DATE PUBLISHED: 2023-05-21
CITY:
GENRE: COMPUTERS / Security / General, LAW / General, LAW / Administrative Law & Regulatory Practice, LAW / International
WIDTH: 155 cm
SPINE:
Book Themes:
Human rights, civil rights, International law, Constitutional and administrative law: general, Entertainment and media law, Computer security, Network security