Default entitlements in personal data in the Proposed Regulation: Informational Self-Determination Off the Table ... and Back On Again?

Nadezhda Purtova

Research output: Contribution to journalArticleAcademicpeer-review

11 Citations (Scopus)

Abstract

This paper aims to assess the proposed General Data Protection Regulation through the framework of default entitlements in personal data. The notion of default entitlements comes from economic analysis of law and provides new insights into the implications of the data protection reform. While, under the principle of informational self-determination the default entitlements should lie with the individual, the Commission is shown to assign a great deal of default rights to others, including the Information Industry. This article cautions against the possibility of reducing the European system of data protection rooted in the values of individual autonomy and informational self-determination to a mere set of administrative rules channelling the flow of personal data, yet without a clear direction. (C) 2014 Nadezhda Purtova. Published by Elsevier Ltd. All rights reserved.
Original languageEnglish
Pages (from-to)6-24
Number of pages19
JournalComputer Law & Security Review
Volume30
Issue number1
DOIs
Publication statusPublished - Feb-2014

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