Nearly two decades after the EU first enacted data protection
rules, key questions about the nature and scope of this EU policy,
and the harms it seeks to prevent, remain unanswered. The inclusion
of a Right to Data Protection in the EU Charter has increased the
salience of these questions, which must be addressed in order to
ensure the legitimacy, effectiveness and development of this
Charter right and the EU data protection regime more generally. The
Foundations of EU Data Protection Law is a timely and important
work which sheds new light on this neglected area of law,
challenging the widespread assumption that data protection is
merely a subset of the right to privacy. By positioning EU data
protection law within a comprehensive conceptual framework, it
argues that data protection has evolved from a regulatory
instrument into a fundamental right in the EU legal order and that
this right grants individuals more control over more forms of data
than the right to privacy. It suggests that this dimension of the
right to data protection should be explicitly recognised, while
identifying the practical and conceptual limits of individual
control over personal data. At a time when EU data protection law
is sitting firmly in the international spotlight, this book offers
academics, policy-makers, and practitioners a coherent vision for
the future of this key policy and fundamental right in the EU legal
order, and how best to realise it.
General
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