Privacy and the Precautionary Principle

Computer Law & Security Review, Vol. 28, pp. 14-24, 2012

21 Pages Posted: 7 Feb 2012

See all articles by Luiz Costa

Luiz Costa

University of Namur; Brazilian Federal Prosecution Service - MPF

Date Written: February 1, 2011

Abstract

The precautionary principle – which implies that where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing protective measures – has been adopted as a standard of environmental and health protection in international and European legislation. This article offers an overview of the precautionary principle as a legal standard applicable to European privacy and data protection legislation. For this reason, it takes particularly into account the guidelines of this legislation as well as the privacy impact assessment framework, raised by the European Commission through the Recommendation on Radio-Frequency Identification applications. In brief, the article stresses the role of the precautionary principle in improving privacy protection through liability, prudence and transparency.

Keywords: PIA, precautionary principle, privacy, privacy impact assessment

Suggested Citation

Costa, Luiz, Privacy and the Precautionary Principle (February 1, 2011). Computer Law & Security Review, Vol. 28, pp. 14-24, 2012. Available at SSRN: https://ssrn.com/abstract=2000702

Luiz Costa (Contact Author)

University of Namur ( email )

5 rempart de la vierge
Namur, 5000
Belgium

HOME PAGE: http://directory.unamur.be/staff/lcosta

Brazilian Federal Prosecution Service - MPF ( email )

SAF Sul Quadra 4 Conjunto C
Brasília, Distrito Federal 70050-900
Brazil

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