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Raphael Gellert

Researcher at Radboud University Nijmegen

Publications -  34
Citations -  409

Raphael Gellert is an academic researcher from Radboud University Nijmegen. The author has contributed to research in topics: Data Protection Act 1998 & Precautionary principle. The author has an hindex of 10, co-authored 34 publications receiving 317 citations. Previous affiliations of Raphael Gellert include VU University Amsterdam & Tilburg University.

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A risk to a right? Beyond data protection risk assessments

TL;DR: This contribution proposes to explore the nature of the relation between both concepts within the assessment of a “risk to a right”, to identify gaps in the way DPIAs are currently operationalised and to determine whether the introduction of this methodology in its current form might itself pose a risk to the rights of privacy and data protection.
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The legal construction of privacy and data protection

TL;DR: The authors describe the two rights and come to the conclusion that they differ both formally and substantially, though overlaps are not to be excluded, which leads them to rethink the relationship between privacy and data protection, and ultimately, the status of data protection as a fundamental right.
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Understanding the notion of risk in the General Data Protection Regulation

TL;DR: Issues of compliance and risk to the data subjects rights and freedoms as deeply interconnected are seen, which will use these discussions as a basis to address the long-standing debate on the differences between privacy impact assessments (PIAs) and DPIAs.
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Ethical dilemma scenarios and emerging technologies

TL;DR: In this article, the authors propose that ethical dilemma scenarios are a useful instrument to provoke policy makers and other stakeholders, to including industry, in considering privacy, ethical, social and other implications of new and emerging technologies.
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The fundamental right of data protection in the European Union: in search of an uncharted right

TL;DR: In this paper, the authors analyse the most pertinent case law of the Court of Luxembourg and find out that it creates more confusion than clarity, and that the reasoning is permeated by a "privacy thinking" which consists not only in overly linking the rights to privacy and data protection, but also in applying the modus operandi of the former to the latter.