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Track(ing) changes: an examination of EU regulation of online behavioural advertising through a data protection lens

Lynskey, Orla (2011) Track(ing) changes: an examination of EU regulation of online behavioural advertising through a data protection lens. European Law Review, 36 (6). pp. 876-886. ISSN 0307-5400

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Abstract

This article examines the proportionality, from a data protection perspective, of the regulatory regime applicable in the European Union to online behavioural advertising in light of recent amendments to the E-Privacy Directive. In this regard, first, the concept of behavioural advertising is explained. Secondly, the relevant legal framework is set out; particular attention is paid to the changes to the E-Privacy Directive that now mandate a user “opt-in” for targeted advertising. Thirdly, the harms to which behavioural advertising may give rise are outlined in order to facilitate the analysis of whether the recent changes constitute a proportionate response to these harms. It will be demonstrated that the European Union’s protective regime will come at a cost for internet users; however, it is in keeping with the now prominent position of the right to data protection in the European legal order.

Item Type: Article
Official URL: http://www.sweetandmaxwell.co.uk/Catalogue/Product...
Additional Information: © 2011 Sweet & Maxwell
Divisions: Law
Subjects: K Law > K Law (General)
T Technology > T Technology (General)
Date Deposited: 10 Jul 2012 08:40
Last Modified: 05 Jan 2024 23:24
URI: http://eprints.lse.ac.uk/id/eprint/44718

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