Product Description
Table of Contents
Additional Information
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.
Introduction: The Risk-Based Approach as the Opposite of the Rights-Based Approach, or as an Opportunity to Analyse the Links Between Law, Regulation, and Risk? 1: Fundamental Notions: Risk and Regulation 2: Data Protection as Command and Control Regulation 3: Issues with Data Protection as Command and Control Regulation 4: Changes of Regulatory Models: From Command and Control to Meta Regulation 5: Meta Regulation in Data Protection Law: The Risk-Based Approach 6: Risk and the Risk-Based Approach: Between Data Protection Risks and Compliance Risks 7: The Risk-Based Approach in Practice: Caveats Conclusion: Back to the Rights/Risk-Based Approaches, and the Future of Data Protection
Author(s) | By Raphael Gellert (Assistant Professor in ICT and Private Law, Assistant Professor in ICT and Private Law, Radboud University, Nijmegen). |
---|---|
Publisher | Oxford University Press |
ISBN | 9780198837718 |
Format | Hardback |
Pages | 304 |
Published in | United Kingdom |
Published | 6 Oct 2020 |
Availability | Reprinting |
Practice Area
-
Company, commercial & competition
- Agency law
- Aviation law
- Commercial law
- Company law
- Company, commercial & competition law
- Competition law \ Antitrust law
- Construction & engineering law
- Contract law
- E-commerce law
- Energy & natural resources law
- Franchising law
- Outsourcing law
- Partnership law
- Procurement law
- Sale of goods law
- Shipping law
-
Constitutional & administrative
- Asylum law
- Citizenship & nationality law
- Constitutional & administrative law
- Election law
- Freedom of expression law
- Freedom of information law
- Government powers
- Human rights & civil liberties law
- Immigration law
- Judicial review
- Local government law
- Military & defence law
- Parliamentary & legislative practice
- Privacy law
-
Criminal law & procedure
- Criminal justice law
- Criminal law & procedures
- Criminal procedure
- Criminal procedure: law of evidence
- Fraud
- Harassment law
- Juvenile criminal law
- Offences against property
- Offences against public health, safety, order
- Offences against the government
- Offences against the person
- Police law & police procedures
- Road traffic law, motoring offences
- Sentencing & punishment
- Terrorism law
- Employment & labour
- Environment, transport & planning
- Equity & trusts
- Family
- Financial
- IT & Communications
- Intellectual property
-
International
- Customary law
- Diplomatic law
- International
- International arbitration
- International communications & telecommunications law
- International courts & procedures
- International criminal law
- International economic & trade law
- International environmental law
- International human rights law
- International humanitarian law
- International law
- International law of territory & statehood
- International law of transport, communications & commerce
- International law reports
- International maritime law
- International organisations & institutions
- International space & aerospace law
- Investment treaties & disputes
- Jurisdiction & immunities
- Law of the sea
- Private international law & conflict of laws
- Public international law
- Responsibility of states & other entities
- Settlement of international disputes
- Tariffs
- Transnational commercial law
- Treaties & other sources of international law
-
Jurisprudence & general
- Advocacy
- Civil codes \ Civil law
- Common law
- Comparative law
- Criminology: legal aspects
- Ecclesiastical (canon) law
- Gender & the law
- Islamic law
- Jurisprudence & general issues
- Jurisprudence & philosophy of law
- Law & society
- Law as it applies to other professions
- Legal ethics & professional conduct
- Legal history
- Legal profession: general
- Legal skills & practice
- Paralegals & paralegalism
- Roman law
- Systems of law
- Law - other
- Law: study & revision guides
- Laws of Specific jurisdictions
-
Legal system
- Arbitration, mediation & alternative dispute resolution
- Civil procedure, litigation & dispute resolution
- Civil procedure: law of evidence
- Civil remedies
- Courts & procedure
- Damages & compensation
- Injunctions & other orders
- Judicial powers
- Legal system: costs & funding
- Legal system: general
- Legal system: law of contempt
- Regulation of legal profession
- Restitution
- Primary sources
- Private \ Civil law: general works
- Property
- Social
- Taxation & duties
- Torts & Delicts
- Wills & probate \ Succession
My Cart
You have no items in your shopping cart.