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Controlling your data under the GDPR: fact or fiction?

Pawlowski, Jakub LU (2018) JAEM03 20181
Department of Law
Abstract
The EU’s General Data Protection Regulation (GDPR) has been the subject of significant public discourse in legislative chambers, the media, business circles, and academia. Putting aside the formal legal terminology of market harmonisation and fundamental rights, the GDPR has been reported by many journalists and the European Commission as a tool that will help individuals within the EU to take control over their data. This thesis explores what is meant by that, namely, the concept of control and the extent to which the GDPR enables individuals to exercise greater control over their personal data. There are several ways in which the GDPR seeks to do so, such as through stricter consent requirements and stronger data subject rights. Most... (More)
The EU’s General Data Protection Regulation (GDPR) has been the subject of significant public discourse in legislative chambers, the media, business circles, and academia. Putting aside the formal legal terminology of market harmonisation and fundamental rights, the GDPR has been reported by many journalists and the European Commission as a tool that will help individuals within the EU to take control over their data. This thesis explores what is meant by that, namely, the concept of control and the extent to which the GDPR enables individuals to exercise greater control over their personal data. There are several ways in which the GDPR seeks to do so, such as through stricter consent requirements and stronger data subject rights. Most notably, the GDPR also pursues this goal through a panoply of accountability and governance tools.
Nonetheless, many challenges stand in the way of providing individuals with a high level of control over their data. These include the level of complexity in data protection legislation, varying levels of enforcement across EU Member States as well as a plethora of opening clauses in the GDPR which permit Member States to create additional rules or derogate from the GDPR. Thus, it is clear that individual control is becoming closer to fact than fiction, but not the extent that the EU legislature envisaged. (Less)
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author
Pawlowski, Jakub LU
supervisor
organization
course
JAEM03 20181
year
type
H2 - Master's Degree (Two Years)
subject
keywords
GDPR, General Data Protection Regulation, EU law, data protection, right to be forgotten, individual control, right to data protection
language
English
id
8952430
date added to LUP
2018-06-29 14:34:15
date last changed
2018-06-29 14:34:15
@misc{8952430,
  abstract     = {{The EU’s General Data Protection Regulation (GDPR) has been the subject of significant public discourse in legislative chambers, the media, business circles, and academia. Putting aside the formal legal terminology of market harmonisation and fundamental rights, the GDPR has been reported by many journalists and the European Commission as a tool that will help individuals within the EU to take control over their data. This thesis explores what is meant by that, namely, the concept of control and the extent to which the GDPR enables individuals to exercise greater control over their personal data. There are several ways in which the GDPR seeks to do so, such as through stricter consent requirements and stronger data subject rights. Most notably, the GDPR also pursues this goal through a panoply of accountability and governance tools.
Nonetheless, many challenges stand in the way of providing individuals with a high level of control over their data. These include the level of complexity in data protection legislation, varying levels of enforcement across EU Member States as well as a plethora of opening clauses in the GDPR which permit Member States to create additional rules or derogate from the GDPR. Thus, it is clear that individual control is becoming closer to fact than fiction, but not the extent that the EU legislature envisaged.}},
  author       = {{Pawlowski, Jakub}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Controlling your data under the GDPR: fact or fiction?}},
  year         = {{2018}},
}