This book advances an approach that combines the individual and the structural, systemic dimensions of data protection. It considers the right to data protection under the EU Charter and its relationship to the secondary legislation. Furthermore, the case law of the Court of Justice of the EU as well as current academic conceptualizations are analysed.
The author finds that current approaches invariably link data protection to privacy and often fail to address the structural implications of data processing. He therefore suggests a dualistic approach to data protection: in its individual dimension, data protection aims to protect natural persons and their rights, while the structural dimension protects the democratic society as a whole from the adverse effects of data processing. Using this approach, the full potential of an independent right to data protection can be realized.
Researchers, practitioners and students will find this a valuable resource on the rationales, scope and application of data protection.
Felix Bieker is Legal Researcher at the Office of the Data Protection Commissioner of Schleswig-Holstein (Unabhängiges Landeszentrum für Datenschutz) in Kiel, Germany.