Conceptions of Data Protection and Privacy: Legal and Philosophical Perspectives

Law › Privacy and Data Protection › Data Privacy / Cybersecurity

Conceptions of Data Protection and Privacy: Legal and Philosophical Perspectives

Edited by Elisa Orru · Ralf Poscher
Hart Publishing February 2026

Specifications

ISBN-13
9781509983728
Publisher
Hart Publishing
Publication
February 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This open access book offers a clear understanding of the core concepts of data protection and privacy, exploring their social value through European and North American legal perspectives, political struggles, and the impact of the AI revolution.

Featuring prominent experts and emerging scholars, the book presents diverse understandings to showcase the multifaceted interests and values embedded in the concepts of data protection and privacy. It links philosophical and legal perspectives on privacy to historical and contemporary rights struggles, including those of African Americans, feminists, and queer people. The book also addresses privacy challenges posed by the digital revolution, particularly advances in AI, and recent efforts to safeguard privacy.

Aimed at scholars, researchers, and students in law and philosophy, the book offers an overview of key theoretical and legal positions on privacy and data protection. Legal practitioners will find insights into landmark EU and US constitutional decisions, such as the German Constitutional Court's Census Decision and Carpenter v United States. Additionally, it is valuable for anyone seeking to understand the legal and philosophical foundations of globally influential regulations like the GDPR and the AI Act.

Table of Contents

Introduction, Ralf Poscher and Elisa Orru (Max Planck Institute for the Study of Crime, Security and Law, Germany)

Part I: Civil Rights, Fundamental Rights, or No Rights at All? Which Kinds of Rights Are Privacy and Data Protection and What Do They Actually Protect?
1. Privacy as a Civil Right. Some Reflections on Discrimination, Language and Politics, Anita Allen (University of Pennsylvania, USA)
2. Conceptualising the Protected Interests in Data Protection Law, Marion Albers (Hamburg University, Germany)
3. A Commentary on Marion Albers' Contribution, Johannes Masing (Freiburg University, Germany)
4. Is the Right to Data Protection a fundamental right? Ralf Poscher (Max Planck Institute for the Study of Crime, Security and Law, Germany)

Part II: A Comparison of German, European and US-American Views Based on Constitutional Jurisprudence and Law
5. The Right to Informational Self-Determination, Gabriele Britz (Giessen University, Germany)
6. European Data Protection Law: Don't Let it Be (Forever) Misunderstood, Gloria Gonzalez-Fuster (Vrije Universiteit Brussel, Belgium)
7. An Exercise in Soul-Searching: Parsing the GDPR to Reveal the Meaning of Data Protection, Maria Grazia Porcedda (Trinity College Dublin, Ireland)
8. A Property-Based Understanding of Data Privacy Under the 4th Amendment, Neil Gorsuch (US Supreme Court)
9. Privacy Rights After Big Tech, Timothy Tymkovich (United States Foreign Intelligence Surveillance Court of Review)

Part III: The Public and the Private: Privacy and Data Protection Beyond the Individual
10. Beyond the Individual: Privacy, Society, and Architectures of Power, Daniel Solove (George Washington University, USA)
11. Understanding the Opacity Concept in its Context, Paul De Hert (Vrije Universiteit Brussel, Belgium)
12. A Fundamental Data Protection Right - or Rather a Rule of Law 2.0? A Search for Clues in Judicial Procedural Law, Nikolaus Marsch (Saarland University, Germany)
13. On the Power of Shifting the Boundary between the Private and the Public, Beate Roessler (University of Amsterdam, Netherlands)

Part IV: Privacy and Society. Democratic Values, Autonomy and Trust
14. AI Challenges to Privacy: the Inference Problem, Helen Nissenbaum (Cornell University, USA)
15. Privacy, Informational Self-Determination, and Autonomy, Elisa Orru (Max Planck Institute for the Study of Crime, Security and Law, Germany)
16. Privacy in Light of Critiques of Autonomy, Tobias Matzner (Paderborn University, Germany)
17. Privacy, Trust, and Queer Youth, Ari Ezra Waldman (Northeastern University, USA)
18. Trust in Privacy Law, Johannes Eichenhofer (Leipzig University, Germany)
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