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Complete and effective data protection

Lynskey, Orla (2023) Complete and effective data protection. Current Legal Problems, 76 (1). 297 - 344. ISSN 0070-1998

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Identification Number: 10.1093/clp/cuad009

Abstract

Data protection law is often invoked as the first line of defence against data-related interferences with fundamental rights. As societal activity has increasingly taken on a digital component, the scope of application of the law has expanded. Data protection has been labelled ‘the law of everything’. While this expansion of material scope to absorb the impact of socio-technical changes on human rights appears justified, less critical attention has been paid to the questions of to whom the law should apply and in what circumstances. The Court of Justice has justified an expansive interpretation of the personal scope of the law in order to ensure ‘effective and complete’ data protection for individuals. This article argues that the attempt to make the protection offered by the law more ‘complete’ risks jeopardising its practical effectiveness and raises doubts about the soundness of the regulatory approach to data protection. In the quest for effective and complete protection, it seems that something must give.

Item Type: Article
Official URL: https://academic.oup.com/clp
Additional Information: © 2023 The Author
Divisions: Law
Subjects: K Law
Date Deposited: 13 Sep 2023 11:21
Last Modified: 19 May 2024 04:54
URI: http://eprints.lse.ac.uk/id/eprint/120212

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