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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.
List 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.
Report
"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)
