Old Wine with a New Label: Rights of Data Subjects Under GDPR

International Journal of Advanced Research in Computer Science, ISSN No. 0976-5697, Volume 8, No. 7, July-August 2017

5 Pages Posted: 26 Jun 2017 Last revised: 20 Aug 2017

See all articles by Sandeep Mittal

Sandeep Mittal

Government of India - Lok Nayak Jayaprakash Narayan National Institute of Criminology & Forensic Science; Member, Indian Police Service

Date Written: June 24, 2017

Abstract

Recent reforms in the data privacy protection framework in the European Union have led to the enactment of the General Data Protection Regulation (GDPR). However, it remains debatable whether the GDPR will lead to significant improvements in the protection of the privacy rights of individuals, which are always classified as fundamental rights. The advent of technology, the movement of data across geographical barriers, and the outsourcing of data processing jobs to countries outside the EU necessitated the enactment of the GDPR. Although some of the provisions of the GDPR remain generically similar to analogous provisions in the 1995 Data Protection Directive, the GDPR differs in some respects. As a “Regulation,” not a “Directive,” the GDPR is better equipped to overcome the problem of harmonization across the EU member-states. Furthermore, the GDPR incorporates the ‘right to be forgotten,’ clarifies and fortifies the concept of consent, provides data protection by design and default, increases the accountability of data controllers, and expands the jurisdictional scope of the Directive to include some extra-territorial (i.e., non-EU) data processors and controllers. It remains to be seen whether the GDPR is an old wine with the new label or something new in a wine bottle.

Keywords: Rights of Data, Data Protection Regulation, Accessing of Personal data, Internet of Things, Control of Users over Their Personal Data, Data Protection Framework, General Data Protection Regulation

Suggested Citation

Mittal, Sandeep, Old Wine with a New Label: Rights of Data Subjects Under GDPR (June 24, 2017). International Journal of Advanced Research in Computer Science, ISSN No. 0976-5697, Volume 8, No. 7, July-August 2017. Available at SSRN: https://ssrn.com/abstract=2992042 or http://dx.doi.org/10.2139/ssrn.2992042

Sandeep Mittal (Contact Author)

Government of India - Lok Nayak Jayaprakash Narayan National Institute of Criminology & Forensic Science ( email )

Outer Ring Road, Rohini, Sector 3,
Adjacent to Jaipur Golden Hospital
Delhi, 110085
India

HOME PAGE: http://mittal.one

Member, Indian Police Service ( email )

New Delhi
India

HOME PAGE: http://mittal.one

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