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

Privacy and Data Protection

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

By Felix Bieker
T.M.C. Asser Press May 2023

Specifications

ISBN-13
9789462655058
Publisher
T.M.C. Asser Press
Publication
May 2023
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Also available as

Hardback

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.

Table of Contents

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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