Lmst

#CurrentLegalProblems

The incredible Orla Lynskey (LSE) is giving a #CurrentLegalProblems lecture at UCL Laws in-person on 2 February. It's entitled "Effective or Complete Data Protection" — can it really be both? Register https://www.ucl.ac.uk/laws/events/2023/feb/person-effective-or-complete-data-protection #dataProtection #GDPR #eudp

Data protection law acts as the first line of defence for our fundamental rights in digital society. As our daily interactions generate more data, implicating and jeopardising our rights further, the response of the law has been to cast the net of data protection law wider. In the EU, the Court of Justice has interpreted key data protection concepts expansively to promote the “effective and complete protection” of individuals. The result is a legal framework where everything is personal data and everyone responsible for its application. Regulators struggle to enforce the law while regulates are often unaware of their compliance obligations or unable to meet them, calling into question the administrability and legitimacy of the law. Judicial attempts to smooth the cracks of this expansive reach have further exacerbated the problem. The conclusion is that data protection law can be effective or complete, but not both. This requires us to think afresh about the way in which the law responds to the fundamental rights challenges posed by digital data processing.

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