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The Right to Data Protection: Individual and Structural Dimensions of Data Protection in EU Law

The Right to Data Protection: Individual and Structural Dimensions of Data Protection in EU Law

The Right to Data Protection: Individual and Structural Dimensions of Data Protection in EU Law

Author: Felix Bieker
Publisher: T.M.C. Asser Press
ISBN: 9789462655058

Published In: May 2023
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9789462655027

HKD 930.00

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Description
Contents

Details

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.

Chapter 1. Introduction

Chapter 2. EU Data Protection Legislation

Chapter 3. The Right to Data Protection: The Jurisprudence of the CJEU

Chapter 4. The Right to Data Protection: The Current Doctrinal Discourse

Chapter 5. The Right to Data Protection: The Dualistic Approach

Table of Cases

Bibliography

Index

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