Three Scenarios for the Future

Posted: 31 Mar 2021

See all articles by Paul De Hert

Paul De Hert

Free University of Brussels (VUB)- LSTS; Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT)

Vagelis Papakonstantinou

Faculty of Law and Criminology, Vrije Universiteit Brussel

Date Written: Summer 2013

Abstract

Data privacy regulation has reached a crossroads: while three out of the four intergovernmental organizations that have released relevant regulations (the OECD, the Council of Europe, and the EU) are amending their respective texts, each one is implementing its own agenda. The Internet and cloud computing are making the need for international governance more evident than ever. Three scenarios may be foreseen: 1) the status quo remains, and technology intervenes to address public concerns; 2) the EU General Data Protection Regulation, which is expected to replace the EU Data Protection Directive by mid-2014, comes into effect and then goes on to set the international data privacy standard; or, 3) as suggested in this paper, an international data privacy organization, preferably a UN agency, is established to promote data privacy issues and warrant international data privacy governance, similar to how the World Intellectual Property Organization advances the purposes of intellectual property protection. The establishment of an international organization does not necessarily mean that a new, comprehensive international data privacy framework also needs to be introduced (at least at this stage). Instead, international instruments already in effect could be used. The globally accepted but perhaps under-used 1990 UN Guidelines for the Regulation of Computerized Personal Data Files are an obvious choice.

Keywords: Data, Protection

Suggested Citation

De Hert, Paul and Papakonstantinou, Vagelis, Three Scenarios for the Future (Summer 2013). Available at SSRN: https://ssrn.com/abstract=3447089

Paul De Hert

Free University of Brussels (VUB)- LSTS ( email )

Pleinlaan 2
Brussels, Brabant 1050
Belgium

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

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

Vagelis Papakonstantinou (Contact Author)

Faculty of Law and Criminology, Vrije Universiteit Brussel ( email )

Pleinlaan 2
Brussels, 1050
Belgium

HOME PAGE: http://vpapakonstantinou.com

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