The trouble with European data protection law

Research output: Contribution to journalArticleScientificpeer-review

Abstract


The trouble with European data protection law, as with Alfred Hitchcock's Harry, is that it is dead. The current legal reform will fail to revive it, since its three main objectives are based on fallacies.


The first fallacy is the delusion that data protection law can give individuals control over their data, which it cannot. The second is the misconception that the reform simplifies the law, while in fact it makes compliance even more complex. The third is the assumption that data protection law should be comprehensive, which stretches data protection to the point of breaking and makes it meaningless law in the books.


Unless data protection reform starts looking in other directions—going back to basics, playing other regulatory tunes on different instruments in other legal areas, and revitalising the spirit of data protection by stimulating best practices—data protection will remain dead. Or, worse perhaps, a zombie.
Original languageEnglish
Pages (from-to)250-261
JournalInternational Data Privacy Law
Volume4
Issue number4
Early online date8 Oct 2014
DOIs
Publication statusPublished - 2014

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abstract = "•The trouble with European data protection law, as with Alfred Hitchcock's Harry, is that it is dead. The current legal reform will fail to revive it, since its three main objectives are based on fallacies. •The first fallacy is the delusion that data protection law can give individuals control over their data, which it cannot. The second is the misconception that the reform simplifies the law, while in fact it makes compliance even more complex. The third is the assumption that data protection law should be comprehensive, which stretches data protection to the point of breaking and makes it meaningless law in the books. •Unless data protection reform starts looking in other directions—going back to basics, playing other regulatory tunes on different instruments in other legal areas, and revitalising the spirit of data protection by stimulating best practices—data protection will remain dead. Or, worse perhaps, a zombie.",
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The trouble with European data protection law. / Koops, E.J.

In: International Data Privacy Law, Vol. 4, No. 4, 2014, p. 250-261.

Research output: Contribution to journalArticleScientificpeer-review

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