The foundations of EU data protection law 1st Edition by Orla Lynskey 019102807X 9780191028076

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ISBN 10: 019102807X

ISBN 13: 9780191028076

Author: Orla Lynskey

Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.

The foundations of EU data protection law 1st Table of contents:

1. Introduction
A. Protecting Personal Data in World 2.0, B. The Legal Response to the Personal Data Processing Phenomenon in the EU, C. The ‘Europeanization’ of the Data Protection Framework, D. The Hybrid Nature of EU Data Protection Law, E. The Normative Underpinnings of EU Data Protection Law

2. The Key Characteristics of the EU Data Protection Regime
A. Introduction, B. An Omnibus Regime, C. A Legitimizing Regime, D. A Rights-Based Regime, E. The Extraterritorial Impact of the EU Regime, F. Conclusion

3. The Dual Objectives of European Data Protection Regulation
A. Introduction, B. The Emergence of the Dual Objectives, C. Prioritizing Market Integration, D. The Dual Objectives on an Equal Footing, E. Placing Data Protection on a Regulatory Spectrum, F. Conclusions

4. The Link between Data Protection and Privacy in the EU Legal Order
A. Introduction, B. Modelling the Link between Data Protection and Privacy, C. Incorporating Data Protection Considerations into Article 8 ECHR, D. The Overlap between Data Protection Regulation and Privacy Principles before the European Court, E. Conclusions

5. Reconciling Data Protection with Other Rights and Interests
A. Introduction, B. The Right to Data Protection before the Court of Justice, C. Reconciling the Right to Data Protection with Other Rights, D. Reconciling the Right to Data Protection with Security Interests, E. Concluding Observations

6. The Role of Individual Control over Personal Data in EU Data Protection Law
A. Introduction, B. An Instrumental Perspective: How Control is Achieved, C. A Conceptual Perspective: Why Control is Desirable, D. The Tangible Harms of Data Processing, E. The Intangible Harms of Data Processing, F. Conclusions

7. The Limits of Individual Control over Personal Data
A. Introduction, B. The Potential of Property Rights to Enhance Individual Control over Personal Data, C. The Conceptual Shortcomings of (Near) Absolute Control over Personal Data, D. The Practical Shortcomings of (Near) Absolute Control over Personal Data, E. Conclusions: Lessons Learned from the Property Rights Debate

8. Conclusions and Future Prospects
A. Introduction, B. The Role of Individual Control over Personal Data in the EU Legal Order, C. Reinforcing the Architecture of Control: A Holistic Approach to Data Protection, D. The Development of the Right to Data Protection, E. Conclusions

Bibliography, Index

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