Overview
- Offers a comprehensive account of data protection, including its structural, systemic dimension
- Includes the most comprehensive analysis of the CJEU’s jurisprudence on the right to data protection
- While focusing on the GDPR also analyses the entire EU data protection regime, including that applying to the EU itself
Part of the book series: Information Technology and Law Series (ITLS, volume 34)
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Table of contents (5 chapters)
Keywords
About this book
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.
Authors and Affiliations
Bibliographic Information
Book Title: The Right to Data Protection
Book Subtitle: Individual and Structural Dimensions of Data Protection in EU Law
Authors: Felix Bieker
Series Title: Information Technology and Law Series
DOI: https://doi.org/10.1007/978-94-6265-503-4
Publisher: T.M.C. Asser Press The Hague
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: T.M.C. Asser Press and the author 2022
Hardcover ISBN: 978-94-6265-502-7Published: 07 May 2022
Softcover ISBN: 978-94-6265-505-8Published: 08 May 2023
eBook ISBN: 978-94-6265-503-4Published: 06 May 2022
Series ISSN: 1570-2782
Series E-ISSN: 2215-1966
Edition Number: 1
Number of Pages: XV, 300
Number of Illustrations: 2 b/w illustrations, 1 illustrations in colour
Topics: European Law, IT Law, Media Law, Intellectual Property, Systems and Data Security, Human Rights, Administrative Law, Constitutional Law