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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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The Right to Data Protection: Individual and Structural Dimensions of Data Protection in EU Law


ISBN13: 9789462655027
Published: June 2022
Publisher: T.M.C. Asser Press
Country of Publication: Netherlands
Format: Hardback
Price: £69.99
Paperback edition , ISBN13 9789462655058



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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.

Subjects:
Data Protection, EU Law
Contents:
Chapter 1. Introduction
Chapter 2. EU Data Protection Legislation
Chapter 3. The Right to Data Protection: The Jurisprudence of the CJEU
Chapter 4. The Right to Data Protection: The Current Doctrinal Discourse
Chapter 5. The Right to Data Protection: The Dualistic Approach

Table of Cases
Bibliography
Index