Does the Risk-Based Approach to Data Protection Conflict with the Protection of Fundamental Rights on a Conceptual Level?

4 Pages Posted: 3 Feb 2016

See all articles by Claudia Quelle

Claudia Quelle

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT)

Date Written: December 15, 2015

Abstract

There is concern that the protection of fundamental rights has become “scalable” under the risk-based approach to data protection. Is it at odds with rights, in particular the EU fundamental rights framework, that the scope of the legal duties of data controllers depends on the risk posed by their processing operations? This comment will use ethical theory on risk to argue that there is no conflict on a conceptual level.

Keywords: Risk ethics, Risk-based approach, Data Protection, General Data Protection Regulation

Suggested Citation

Quelle, Claudia, Does the Risk-Based Approach to Data Protection Conflict with the Protection of Fundamental Rights on a Conceptual Level? (December 15, 2015). Available at SSRN: https://ssrn.com/abstract=2726073 or http://dx.doi.org/10.2139/ssrn.2726073

Claudia Quelle (Contact Author)

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

Tilburg
Netherlands

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