Data protection as bundles of principles, general rights, concrete subjective rights and rules

Piercing the veil of stability surrounding the principles of data protection

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Abstract

After having reflected about technologies and the role of non-political guidance in EU data protection law in previous editorials, I now turn to the thorny question about the proper place of data protection law. In search of a substance, I use Murakami’s imaginary to prepare for the worst: not all things, concepts and beings are blessed with substance. After having managed (lowered) possible expectations about the essence of data protection law, I turn to a first approach to understanding data protection law as a bundle of principles. Principles are powerful legal topoi that create seriousness about legal domains. They are defended by the best scholars and much appreciated by courts in their role as judicial lawmakers. They look God-given, but are man-made. Unable to fix their number and precise nature, I will challenge them by inflating their number.
Original languageEnglish
Pages (from-to)160-179
Number of pages20
JournalEuropean Data Protection Law Review
Volume3
Issue number2
DOIs
Publication statusPublished - 2017

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Keywords

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title = "Data protection as bundles of principles, general rights, concrete subjective rights and rules: Piercing the veil of stability surrounding the principles of data protection",
abstract = "After having reflected about technologies and the role of non-political guidance in EU data protection law in previous editorials, I now turn to the thorny question about the proper place of data protection law. In search of a substance, I use Murakami’s imaginary to prepare for the worst: not all things, concepts and beings are blessed with substance. After having managed (lowered) possible expectations about the essence of data protection law, I turn to a first approach to understanding data protection law as a bundle of principles. Principles are powerful legal topoi that create seriousness about legal domains. They are defended by the best scholars and much appreciated by courts in their role as judicial lawmakers. They look God-given, but are man-made. Unable to fix their number and precise nature, I will challenge them by inflating their number.",
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AB - After having reflected about technologies and the role of non-political guidance in EU data protection law in previous editorials, I now turn to the thorny question about the proper place of data protection law. In search of a substance, I use Murakami’s imaginary to prepare for the worst: not all things, concepts and beings are blessed with substance. After having managed (lowered) possible expectations about the essence of data protection law, I turn to a first approach to understanding data protection law as a bundle of principles. Principles are powerful legal topoi that create seriousness about legal domains. They are defended by the best scholars and much appreciated by courts in their role as judicial lawmakers. They look God-given, but are man-made. Unable to fix their number and precise nature, I will challenge them by inflating their number.

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