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The Right to Data Protection - Individual and Structural Dimensions of Data Protection in EU Law (Hardcover, 1st ed. 2022)
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The Right to Data Protection - Individual and Structural Dimensions of Data Protection in EU Law (Hardcover, 1st ed. 2022)
Series: Information Technology and Law Series, 34
Expected to ship within 12 - 17 working days
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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 (Unabhangiges Landeszentrum fur
Datenschutz) in Kiel, Germany.
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