The Failure of Control Rights in the Big Data Era: Does a Holistic Approach Offer a Solution?

2018
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Author: Helena Ursic
Published in: Personal Data in Competition, Consumer Protection and Intellectual Property Law
Publisher: Springer Berlin Heidelberg

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Abstract

In the big-data era the increasing, ubiquitous processing of personal data dilutes data protection rights and limits individual control over data. The EU General Data Protection Regulation (GDPR) was intended to mitigate the tensions, but the amended law fell short of being revolutionary. However, the GDPR does incorporate a few novel solutions. Their common point is that they bear strong resemblance to legal instruments in domains other than data protection law. The most striking examples of the interplay can be found in Chapter 2 on data subjects’ control rights: data portability, the right to be forgotten and the right to information. This novel policy approach implies the potential for a more holistic legal scheme in the EU law in relation to personal data that could eventually lead to a better balance between data subjects’ rights and economic needs in the big-data economy.

Notes

Helena U. Vrabec LLM is researcher and PhD candidate at eLaw, the Centre for Law and Digital Technologies at the Faculty of Law of Leiden University, The Netherlands.

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Title: The Failure of Control Rights in the Big Data Era: Does a Holistic Approach Offer a Solution?
Author: Helena Ursic
Publisher: Springer Berlin Heidelberg
Book: Personal Data in Competition, Consumer Protection and Intellectual Property Law
Print ISBN: 978-3-662-57645-8

Electronic ISBN: 978-3-662-57646-5

Copyright Year: 2018
DOI: https://doi.org/10.1007/978-3-662-57646-5_4

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