The Foundations of EU Data Protection Law

Front Cover
Oxford University Press, Nov 26, 2015 - Law - 264 pages
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.
 

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Contents

1 Introduction
1
2 The Key Characteristics of the EU Data Protection Regime
14
3 The Dual Objectives of European Data Protection Regulation
46
4 The Link between Data Protection and Privacy in the EU Legal Order
89
5 Reconciling Data Protection with Other Rights and Interests
131
6 The Role of Individual Control over Personal Data in EU Data Protection Law
177
7 The Limits of Individual Control over Personal Data
229
8 Conclusions and Future Prospects
254
Bibliography
275
Index
299
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About the author (2015)

Orla Lynskey is a Lecturer in Law at the London School of Economics where she teaches in the fields of Digital Rights, Internet Law and Competition Law.

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