Journal ArticleDOI
Legitimate interest of the data controller New data protection paradigm: legitimacy grounded on appropriate protection
TLDR
It can be argued that the Draft Regulation contains a set of requirements and obligations that can be described as a comprehensive 'Data Protection Compliance Program' ("DPCP") which itself creates an "appropriate balance" between data protection and free flow of information/data.Abstract:
Both Directive 95/46/EC and the new data protection framework proposed by the European Commission (the Draft Regulation published on January 25, 2012) aim to find an appropriate balance between data subjects’ rights and safeguards, and the free processing (and flow) of information across the European Union (and beyond), for an economic, compatible growth in line with the expectations of society (the "appropriate balance"). Therefore, lawful processing should be subject to the so-called "balancing test" which establishes the ultimate level of protection that can effectively be guaranteed when personal data is processed. In this respect, it can be argued that the Draft Regulation contains a set of requirements and obligations that can be described as a comprehensive 'Data Protection Compliance Program' ("DPCP") which itself creates an "appropriate balance" between data protection and free flow of information/data.read more
Citations
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Safeguarding data protection in an open data world : On the idea of balancing open data and data protection in the development of the smart city environment
TL;DR: Information by design helps curbing the information asymmetry inherent to the deployment of smart city technologies and can be implemented through the tactics of supplying information about the processing to data subjects, explaining its logic, and notifying individual data subjects about processing events that specifically concern them.
MonographDOI
The Principle of Purpose Limitation in Data Protection Laws : The Risk-based Approach, Principles, and Private Standards as Elements for Regulating Innovation
TL;DR: In this article, Britz summarizes several topics discussed in legal literature with respect to special dangers and concludes from these topics several types of cases that justify, exceptionally, or even require a precautionary protection against abstract dangers.
Book
Personal Debt in Europe: The EU Financial Market and Consumer Insolvency
TL;DR: Ferretti and Vandone as discussed by the authors examined the dark side of personal debt in social and economic terms, and legal terms, in cross-country consumer-level data to present the latest empirical studies on the problem, analyse these findings to better understand its nature and causes, and discuss the merits of proposed insolvency legislation and harmonisation initiatives in the EU.
Journal ArticleDOI
Enhancing compliance under the general data protection regulation: The risky upshot of the accountability- and risk-based approach
TL;DR: The risk-based approach has been introduced to the General Data Protection Regulation (GDPR) to make the rules and principles of data protection law “work better” as discussed by the authors.
Journal ArticleDOI
The Proposed Data Protection Regulation and Its Potential Impact on Social Sciences Research in the UK
TL;DR: In this article, the authors assess the potential impact of the proposed Data Protection Regulation on the undertaking of social sciences research in the UK, providing practical analysis from the perspective of research involving administrative data.
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