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The Risk-Based Approach to Data Protection


ISBN13: 9780198837718
Published: October 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £96.00



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The concept of a risk-based approach to data protection came to the fore during the overhaul process of the EU's General Data Protection Regulation (GDPR). At its core, it consists of endowing the regulated organizations that process personal data with increased responsibility for complying with data protection mandates. Such increased compliance duties are performed through risk management tools. This book provides a comprehensive analysis of this legal and policy development, which considers a legal, historical, and theoretical perspective. By framing the risk-based approach as a sui generis implementation of a specific regulation model 'known as meta regulation, this book provides a recollection of the policy developments that led to the adoption of the risk-based approach in light of regulation theory and debates. It also discusses a number of salient issues pertaining to the risk-based approach, such as its rationale, scope, and meaning; the role for regulators; and its potential and limits. The book also looks at they way it has been undertaken in major statutes with a focus on key provisions, such as data protection impact assessments or accountability. Finally, the book devotes considerable attention to the notion of risk. It explains key terms such as risk assessment and management. It discusses in-depth the role of harms in data protection, the meaning of a data protection risk, and the difference between risks and harms. It also critically analyses prevalent data protection risk management methodologies and explains the most important caveats for managing data protection risks.

Subjects:
Data Protection

Series: Oxford Data Protection & Privacy Law

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To be published August 2024
Oxford University Press
£70.00
Coherence Between Data Protection and Competition Law in Digital Markets ISBN 9780198885610
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Oxford University Press
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Coherence Between Data Protection and Competition Law in Digital Markets (eBook) ISBN 9780198885757
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Oxford University Press
£75.00
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Vulnerability and Data Protection Law ISBN 9780192870339
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Oxford University Press
£90.00
Vulnerability and Data Protection Law (eBook) ISBN 9780192697516
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Oxford University Press
£75.00
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The Right to Erasure in EU Data Protection Law ISBN 9780198847977
Published April 2020
Oxford University Press
£91.00