“The right to data protection is a thought-provoking and informative read that will appeal to scholars, policymakers, and anyone interested in the evolving landscape of data protection in the EU. Its clear and concise style makes it accessible to a wide audience, and its insights are sure to spark further debate and discussion in this important field.” (Gulustan Dogan, Computing Reviews, July 31, 2024)

“The book thus does not merely pursue one research question, but many, and it ends with a conclusion of a more generic, policy-oriented kind … . interesting contribution — but which is ancillary in relation to the themes of ownership, control and freedom developed above — lies in Bieker’s distinction between the right to data protection and the right to privacy.” (Jacob Kornbeck, Journal of Data Protection & Privacy, Vol. 6 (4), 2024)

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.
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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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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.
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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
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GPSR Compliance The European Union's (EU) General Product Safety Regulation (GPSR) is a set of rules that requires consumer products to be safe and our obligations to ensure this. If you have any concerns about our products you can contact us on ProductSafety@springernature.com. In case Publisher is established outside the EU, the EU authorized representative is: Springer Nature Customer Service Center GmbH Europaplatz 3 69115 Heidelberg, Germany ProductSafety@springernature.com
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Produktdetaljer

ISBN
9789462655027
Publisert
2022-05-07
Utgiver
Vendor
T.M.C. Asser Press
Høyde
235 mm
Bredde
155 mm
Aldersnivå
Research, P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet

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