Edited by Paula Giliker
Chapter 7: Data protection law
This chapter looks at the emergence of data protection as a distinct area of law, including the European initiatives that led up to the enactment of the 1995 Data Protection Directive (and the continuation of that approach in the new 2016 Regulation). It discusses the relationship between this law and traditional privacy tort law concerns, suggesting that whereas tort law has the potential to protect against harm from the disclosure of propositional information, it is less suited to address more surreptitious risks arising from modern digital technology. After examining how the UK has implemented European data protection rules, including in key judicial decisions over the past 15 years, the chapter concludes by asking how far, in the light of Brexit, the UK may be tempted to follow a different model of regulation in the future, such as the US approach, with its lighter supervision of private sector data processing.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.