European Data Protection Regulation and the New Media Internet: Mind the Implementation Gaps

A revised version of this paper is in the Journal of Law and Society (Winter 2016 Forthcoming)

University of Cambridge Faculty of Law Research Paper No. 30/2015

31 Pages Posted: 29 May 2015 Last revised: 9 Sep 2016

See all articles by David Erdos

David Erdos

University of Cambridge - Faculty of Law; Trinity Hall

Date Written: September 1, 2015

Abstract

Data Protection Authorities (DPAs) play a critical role in shaping and applying the regulation applicable to online media publication within the European Economic Area. Drawing on seven ubiquitous types of online new media actors, a comprehensive survey of these authorities was undertaken. Tallying the strong symbolic importance given to data protection in Europe, this research disclosed European DPAs generally adopt an expansive interpretation of the law here. In contrast, implementation has been weak and lacking in harmonization. Except for street mapping services, each type of online media actor had only faced relevant enforcement action from a minority of these agencies. DPA financial resourcing is very limited. Notwithstanding the development of DPA ʻnetwork governanceʼ through the Article 29 Working Party, only DPAs with a particularly extensive interpretative stance proved likely to have engaged in extensive enforcement activity. The proposed General Data Protection Regulation may only make a modest contribution to resolving these serious problems.

Keywords: Article 29 Working Party, Data Protection, Freedom of Expression, Fundamental Rights, Harmonization, Online Media, Networked Governance, Privacy, Social Media

Suggested Citation

Erdos, David, European Data Protection Regulation and the New Media Internet: Mind the Implementation Gaps (September 1, 2015). A revised version of this paper is in the Journal of Law and Society (Winter 2016 Forthcoming); University of Cambridge Faculty of Law Research Paper No. 30/2015. Available at SSRN: https://ssrn.com/abstract=2611583 or http://dx.doi.org/10.2139/ssrn.2611583

David Erdos (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

HOME PAGE: http://www.law.cam.ac.uk/people/academic/d-o-erdos/5972

Trinity Hall ( email )

University of Cambridge
Trinity Lane
Cambridge, CB2 1TJ
United Kingdom

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