European Data Protection: In Good Health?

Date published

30.04.2025

Imprint

Springer Science+Business Media B.V. 2012

Publisher

Springer Dordrecht

ISBN

9789400729025

Although Europe has a significant legal data protection framework, built up around EU Directive 95/46/EC and the Charter of Fundamental Rights, the question of whether data protection and its legal framework are ‘in good health’ is increasingly being posed. Advanced technologies raise fundamental issues regarding key concepts of data protection. Falling storage prices, increasing chips performance, the fact that technology is becoming increasingly embedded and ubiquitous, the convergence of technologies and other technological developments are broadening the scope and possibilities of applications rapidly. Society however, is also changing, affecting the privacy and data protection landscape. The ‘demand’ for free services, security, convenience, governance, etc, changes the mindsets of all the stakeholders involved. Privacy is being proclaimed dead or at least worthy of dying by the captains of industry; governments and policy makers are having to manoeuvre between competing and incompatible aims; and citizens and customers are considered to be indifferent.

In the year in which the plans for the revision of the Data Protection Directive will be revealed, the current volume brings together a number of chapters highlighting issues, describing and discussing practices, and offering conceptual analysis of core concepts within the domain of privacy and data protection. The book’s first part focuses on surveillance, profiling and prediction; the second on regulation, enforcement, and security; and the third on some of the fundamental concepts in the area of privacy and data protection. Reading the various chapters it appears that the ‘patient’ needs to be cured of quite some weak spots, illnesses and malformations. European data protection is at a turning point and the new challenges are not only accentuating the existing flaws and the anticipated difficulties, but also, more positively, the merits and the need for strong and accurate data protection practices and rules in Europe, and elsewhere.

Editors

Serge Gutwirth

LSTS, VUB

Serge Gutwirth (1960) professor of Human Rights, Comparative law, Legal Theory and Methodology at the Faculty of Law and Criminology of the Vrije Universiteit Brussel (VUB), where he studied law, criminology and also obtained a post-graduate degree in technology and science studies. He defended his PhD in law on the relationships between law and sciences on December 15, 1992. From 1994 until 2009 he also held a part-time position of lecturer at the Faculty of Law of the Erasmus University Rotterdam where he was in charge of the coordination of research and taught 'Philosophy of law'. He is currently Vice-Dean (Research) of the Faculty of Law and Criminology. He is the Director of the research group on Law, Science, Technology & Society (LSTS).

Ronald Leenes

TILT, Tilburg University

Prof.dr. Ronald Leenes (1964) is full professor in regulation by technology at Tilburg University and director of the Tilburg Institute for Law, Technology, and Society (TILT).. His primary research interests are techno-regulation, conceptual issues with respect to privacy, data protection in practice, data analytics, accountability and transparency, regulatory failure, robotics and human enhancement. He has been involved as lead and principal investigator in several EU, EC and Dutch privacy and data protection projects and has co-edited several of the CPDP book volumes.

Paul De Hert

LSTS, VUB

Paul De Hert is professor of law at the Faculty of Law and Criminology of Vrije Universiteit Brussel. He is the Director of the research group on Fundamental Rights and Constitutionalism (FRC) and senior member of the research group on Law, Science, Technology & Society (LSTS). Paul De Hert is also associated-professor Law and Technology at the Tilburg Institute for Law and Technology (TILT).

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