Effective Enforcement of a Data Protection: A Model for Risk-Based Supervision Using Responsive Regulatory Tools

29 Pages Posted: 27 May 2020

See all articles by Malavika Raghavan

Malavika Raghavan

Dvara Research

Beni Chugh

Dvara Research

Nishanth Kumar

affiliation not provided to SSRN

Date Written: November 1, 2019

Abstract

This paper presents ideas for a new approach to enforcement of a data protection regime, based on risk-based supervision and the use of a range of responsive enforcement tools that could be deployed in advance of a breach to prevent it, or after a breach to mitigate the effects. Building on the risk-based approach to supervision, the model proposes a methodology to identify those entities that potentially pose more risk (to individuals and the system) when the personal data they hold is compromised.

Part 2 of this paper proposes a risk-based framework to identify and classify entities based on the risk they pose when the personal data they hold is compromised, using both qualitative and quantitative components. Part 3 sets out an enforcement toolkit for data protection, guided by the paradigm of responsive regulation (that also employs ex ante tools) to prevent and mitigate the effects of a compromise of personal data. This approach is a departure from the post-data breach sanctions that currently dominate data protection regimes worldwide. Part 4 sets out the features of institutional design and inter-sectoral coordination required for effective implementation of such a model approach for risk-based supervision and enforcement of data protection rights.

Keywords: Personal Data Protection, Risk Based Framework, Responsive Regulation, Future of Finance, Dvara Research

JEL Classification: G

Suggested Citation

Raghavan, Malavika and Chugh, Beni and Kumar, Nishanth, Effective Enforcement of a Data Protection: A Model for Risk-Based Supervision Using Responsive Regulatory Tools (November 1, 2019). Available at SSRN: https://ssrn.com/abstract=3552665 or http://dx.doi.org/10.2139/ssrn.3552665

Beni Chugh

Dvara Research ( email )

10th Floor, Phase-1, IIT Madras Research Park
Kanagam Village, Tharamani
Chennai, TN 600113
India

Nishanth Kumar

affiliation not provided to SSRN

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