The co-existence of administrative and criminal law approaches to data protection wrongs

Paul de Hert, Gertjan Boulet

Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

Abstract

All data protection Acts stipulate a variety of sanctions and remedies for breach of their provisions. Provision is usually made for a combination of penalties (fines and/or imprison- ment), compensatory damages and, where applicable, revocation of licences and deregis- tration. Sometimes, strict objective liability for harm is stipulated. Sometimes too allowance is made for the imposition of ongoing enforcement damages during the time in which a data controller fails to comply with the orders of a data protection authority. In many cases, compensation may be awarded for non-economic immaterial injury (emotional distress) as well as economic loss. In a very few cases, allowance is made for class actions to be brought.
Original languageEnglish
Title of host publicationEnforcing privacy - Regulatory, legal and technological approaches
EditorsD. Wright, P. De Hert
PublisherSpringer Publishers
Pages357-394
Number of pages38
Volume Switzerland
ISBN (Print)978-3-319-25045-8
Publication statusPublished - 2016

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de Hert, P., & Boulet, G. (2016). The co-existence of administrative and criminal law approaches to data protection wrongs. In D. Wright, & P. De Hert (Eds.), Enforcing privacy - Regulatory, legal and technological approaches (Vol. Switzerland, pp. 357-394). Springer Publishers.