New Challenges to Data Protection Study - Working Paper No. 2: Data Protection Laws in the EU: The Difficulties in Meeting the Challenges Posed by Global Social and Technical Developments

European Commission DG Justice, Freedom and Security Report

126 Pages Posted: 12 Jul 2010 Last revised: 4 Mar 2014

See all articles by Douwe Korff

Douwe Korff

Oxford Martin School - Global Cyber Capacity Centre; Eur. Univ. Viadrina - Centre for Internet & Human Rights; Yale University - Information Society Project; London Metropolitan University

Date Written: January 15, 2010

Abstract

This the second of two working papers produced for the "New Challenges to Data Protection" study, commissioned by the European Commission.

This paper discusses the difficulties that arise if one tries to apply the main EC Directive on data protection (Directive 95/46/EC) and the data protection laws in the EU Member States that implement it, as currently drafted, to the new global social and technical context described in Working Paper No. 1, by Dr. Ian Brown. It does this by means of a comparative-legal analysis, taking into account the six European and five non-European countries studied: Czech Republic, Denmark, France, Germany, Greece, United Kingdom, USA (Federal, California and New Jersey), Australia, Hong Kong, India and Japan.

NB: Working Paper No. 1, on "The Challenges to European Data Protection Laws and Principles," can be found on Ian Brown's ssrn webpage: http://ssrn.com/author=892424. The findings of the paper presented here are summarised in another document: "Comparative Chart: Divergencies Between Data Protection Laws in the EU," which can be separately downloaded from the present ssrn page, as can the country reports on France, Germany and the UK, also written by Douwe Korff.

Keywords: Privacy, Data Protection

Suggested Citation

Korff, Douwe, New Challenges to Data Protection Study - Working Paper No. 2: Data Protection Laws in the EU: The Difficulties in Meeting the Challenges Posed by Global Social and Technical Developments (January 15, 2010). European Commission DG Justice, Freedom and Security Report, Available at SSRN: https://ssrn.com/abstract=1638949 or http://dx.doi.org/10.2139/ssrn.1638949

Douwe Korff (Contact Author)

Oxford Martin School - Global Cyber Capacity Centre ( email )

University of Oxford
34 Broad Street
Oxford, OX1 3BD
United Kingdom

Eur. Univ. Viadrina - Centre for Internet & Human Rights ( email )

Grosse Scharrnstr. 59
Frankfurt (Oder), Brandenburg 15230
Germany

Yale University - Information Society Project ( email )

P.O. Box 208206
New Haven, CT 06520-8206
United States

London Metropolitan University ( email )

London
United Kingdom

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