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Informational privacy post GDPR – end of the road or the start of a long journey?

Informational privacy post GDPR – end of the road or the start of a long journey?

Diker Vanberg, Aysem ORCID: 0000-0002-0614-1707 (2020) Informational privacy post GDPR – end of the road or the start of a long journey? The International Journal of Human Rights. ISSN 1364-2987 (Print), 1744-053X (Online) (In Press) (doi:https://doi.org/10.1080/13642987.2020.1789109)

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Abstract

The General Data Protection Regulation (GDPR) is a far-reaching legal instrument that regulates the collection and use of personal data by private actors, individuals and by governments. In this respect, the GDPR is indeed a key legal instrument for protecting informational privacy. This article will analyse and discuss the impact of the GDPR on the right to privacy particularly in the context of data protection. It also explores whether the GDPR in itself is adequate to ensure the right to privacy in the European Union (EU) and whether the protection provided by the GDPR can be supplemented by other means. The article finds that while the GDPR is a significant step in the right direction to protect informational privacy, it is certainly not the end of the journey. It argues that on its own, the GDPR cannot fully address the imbalance of power between data subjects and data controllers. Hence, it needs to be complemented by other regulatory tools such as the ePrivacy Regulation, EU competition law and Consumer Protection rules. Furthermore, some provisions in the GDPR must be revisited in the near future to ensure they do not become obsolete.

Item Type: Article
Uncontrolled Keywords: European Union, GDPR, privacy, ePrivacy Regulation, human rights, right to privacy
Subjects: K Law > K Law (General)
Faculty / Department / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > Business, Human Rights and the Environment Research Group (BHRE)
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 24 Jul 2020 17:49
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
Selected for REF2021: REF 5
URI: http://gala.gre.ac.uk/id/eprint/28835

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