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The Risk-Based Approach to Data Protection

2020-10-06 Law
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Release : 2020-10-06
Genre : Law
Kind : eBook
Book Rating : 712/5 ( reviews)

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Book Synopsis The Risk-Based Approach to Data Protection by : Raphaël Gellert

Download or read book The Risk-Based Approach to Data Protection written by Raphaël Gellert. This book was released on 2020-10-06. Available in PDF, EPUB and Kindle. Book excerpt: The concept of a risk-based approach to data protection came to the fore during the overhaul process of the EU's General Data Protection Regulation (GDPR). At its core, it consists of endowing the regulated organizations that process personal data with increased responsibility for complying with data protection mandates. Such increased compliance duties are performed through risk management tools. This book provides a comprehensive analysis of this legal and policy development, which considers a legal, historical, and theoretical perspective. By framing the risk-based approach as a sui generis implementation of a specific regulation model known as meta regulation, this book provides a recollection of the policy developments that led to the adoption of the risk-based approach in light of regulation theory and debates. It also discusses a number of salient issues pertaining to the risk-based approach, such as its rationale, scope, and meaning; the role for regulators; and its potential and limits. The book also looks at they way it has been undertaken in major statutes with a focus on key provisions, such as data protection impact assessments or accountability. Finally, the book devotes considerable attention to the notion of risk. It explains key terms such as risk assessment and management. It discusses in-depth the role of harms in data protection, the meaning of a data protection risk, and the difference between risks and harms. It also critically analyses prevalent data protection risk management methodologies and explains the most important caveats for managing data protection risks.

The Principle of Purpose Limitation in Data Protection Laws

2018 Data Protection Law
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Release : 2018
Genre : Data Protection Law
Kind : eBook
Book Rating : 976/5 ( reviews)

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Book Synopsis The Principle of Purpose Limitation in Data Protection Laws by : Maximilian von Grafenstein

Download or read book The Principle of Purpose Limitation in Data Protection Laws written by Maximilian von Grafenstein. This book was released on 2018. Available in PDF, EPUB and Kindle. Book excerpt: This thesis examines the principle of purpose limitation in data protection law from the perspective of regulating data-driven innovation. According to this approach, the principle of purpose limitation not only protects an individual's autonomy but simultaneously leaves sufficient room for data controllers to innovate when finding the best solution for protection. The first component of the principle of purpose limitation (i.e. to specify the purpose of data processing) is a precautionary protection instrument which obliges the controller to identify specific risks arising from its processing against all fundamental rights of the data subject. In contrast, the second component (i.e. the requirement to limit data processing to the preceding purpose) aims to control the risk caused by data processing that occurred at a later stage and adds to the risks which were previously identified. This approach provides an answer to the question of how the General Data Protection Regulation which does not only effectively protect an individual's autonomy but also helps controllers to turn their legal compliance into a mechanism that enhances innovation, should be interpreted with regard to all the fundamental rights of the data subject.

The 'Risk Revolution' in EU Data Protection Law

2017
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Release : 2017
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis The 'Risk Revolution' in EU Data Protection Law by : Claudia Quelle

Download or read book The 'Risk Revolution' in EU Data Protection Law written by Claudia Quelle. This book was released on 2017. Available in PDF, EPUB and Kindle. Book excerpt: The risk-based approach has been introduced to the GDPR to make the rules and principles of data protection law 'work better'. Since controllers are formally responsible and accountable for the way in which they implement the GDPR, the notion of risk is used to enable them to determine the technical and organisational measures which they should take. This chapter will argue, however, that it is impossible to require controllers to calibrate compliance measures in terms of risk, whilst maintaining that this does not affect the legal obligations to which they are subject. We cannot have our cake and eat it, too. Section II first defines the risk-based approach and distinguishes it from a harm-based approach, as well as from risk regulation, risk-based regulation and risk management. The risk-based approach introduces the notion of risk as a mandatory reference point for the calibration of legal requirements by controllers. Section III explicates the relationship between 'risk' and the obligations of controllers, as addressed, in particular, by articles 24 (responsibility), 25(1) (data protection by design) and 35 (data protection impact assessment). It argues that controllers have to take into account the risks when they take measures to implement the GDPR. In combination with the data protection impact assessment, this development can buttress a substantive turn in data protection law. The other side of the coin is, however, that controllers are entrusted with the responsibility not only to improve upon the data protection obligations specified by the legislature, but also to second-guess their use in the case at hand. Section IV argues that none of the obligations of the controller were fully risk-based to start with. In fact, the risk-based approach is in direct conflict with the non-scalability of the provisions in Chapter III (rights of the data subject).

Effective Enforcement of a Data Protection

2020
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Release : 2020
Genre :
Kind : eBook
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Book Synopsis Effective Enforcement of a Data Protection by : Malavika Raghavan

Download or read book Effective Enforcement of a Data Protection written by Malavika Raghavan. This book was released on 2020. Available in PDF, EPUB and Kindle. Book excerpt: This paper presents ideas for a new approach to enforcement of a data protection regime, based on risk-based supervision and the use of a range of responsive enforcement tools that could be deployed in advance of a breach to prevent it, or after a breach to mitigate the effects. Building on the risk-based approach to supervision, the model proposes a methodology to identify those entities that potentially pose more risk (to individuals and the system) when the personal data they hold is compromised.Part 2 of this paper proposes a risk-based framework to identify and classify entities based on the risk they pose when the personal data they hold is compromised, using both qualitative and quantitative components. Part 3 sets out an enforcement toolkit for data protection, guided by the paradigm of responsive regulation (that also employs ex ante tools) to prevent and mitigate the effects of a compromise of personal data. This approach is a departure from the post-data breach sanctions that currently dominate data protection regimes worldwide. Part 4 sets out the features of institutional design and inter-sectoral coordination required for effective implementation of such a model approach for risk-based supervision and enforcement of data protection rights.

The Risk-Based Approach to Data Protection

2020-10-06 Law
Download The Risk-Based Approach to Data Protection PDF Online Free

Author :
Release : 2020-10-06
Genre : Law
Kind : eBook
Book Rating : 736/5 ( reviews)

GET EBOOK


Book Synopsis The Risk-Based Approach to Data Protection by : Raphaël Gellert

Download or read book The Risk-Based Approach to Data Protection written by Raphaël Gellert. This book was released on 2020-10-06. Available in PDF, EPUB and Kindle. Book excerpt: The concept of a risk-based approach to data protection came to the fore during the overhaul process of the EU's General Data Protection Regulation (GDPR). At its core, it consists of endowing the regulated organizations that process personal data with increased responsibility for complying with data protection mandates. Such increased compliance duties are performed through risk management tools. This book provides a comprehensive analysis of this legal and policy development, which considers a legal, historical, and theoretical perspective. By framing the risk-based approach as a sui generis implementation of a specific regulation model 'known as meta regulation, this book provides a recollection of the policy developments that led to the adoption of the risk-based approach in light of regulation theory and debates. It also discusses a number of salient issues pertaining to the risk-based approach, such as its rationale, scope, and meaning; the role for regulators; and its potential and limits. The book also looks at they way it has been undertaken in major statutes with a focus on key provisions, such as data protection impact assessments or accountability. Finally, the book devotes considerable attention to the notion of risk. It explains key terms such as risk assessment and management. It discusses in-depth the role of harms in data protection, the meaning of a data protection risk, and the difference between risks and harms. It also critically analyses prevalent data protection risk management methodologies and explains the most important caveats for managing data protection risks.

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