The Golden Age of Personal Data: How to Regulate an Enabling Fundamental Right?

2018
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Authors: Manon Oostveen; Kristina Irion
Published in: Personal Data in Competition, Consumer Protection and Intellectual Property Law
Publisher: Springer Berlin Heidelberg

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Abstract

New technologies, purposes and applications to process individuals’ personal data are being developed on a massive scale. But we have not only entered the ‘golden age of personal data’ in terms of its exploitation: ours is also the ‘golden age of personal data’ in terms of regulation of its use. In this contribution, we investigate what the objective of fundamental rights protection is as regards privacy and data protection. Understood as an enabling right, the architecture of EU data protection law is capable of protecting against many of the negative short- and long-term effects of contemporary data processing. Against the backdrop of big data applications, we evaluate how the implementation of privacy and data protection rules protect against the short- and long-term effects of contemporary data processing. We conclude that from the perspective of protecting individual fundamental rights and freedoms, it would be worthwhile to explore alternative (legal) approaches instead of relying on EU data protection law alone to cope with contemporary data processing.

Notes

Manon Oostveen completed her PhD research at the Institute for Information Law, University of Amsterdam, and works as an attorney at Netherlands-based law firm Brinkhof.

Kristina Irion is Assistant Professor at the Institute for Information Law, University of Amsterdam.

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Title: The Golden Age of Personal Data: How to Regulate an Enabling Fundamental Right?
Authors: Manon Oostveen
Kristina Irion
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_2

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