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Results ( 10 ) : 2016 - 3.


A Balanced Data Protection in the EU: Conflicts and Possible Solutions

Authors: M. Eliantonio, F. Galli, M. Schaper


Balancing the Rights to Data Protection and Freedom of Expression and Information by the Court of Justice of the European Union: The Vulnerability of Rights in an Online Context

Authors: M. Jozwiak

Abstract: The main legislative instrument for the protection of personal data in the EU is the Data Protection Directive. It has an extremely wide scope because most data that is shared can be classed as personal data and most activities concerning data can ...


Towards an Internal Hierarchy of Values in the EU Legal Order: Balancing the Freedom of Speech and Data Privacy

Authors: B. Petkova

Abstract: This article compares American constitutional law and practice on the First Amendment freedom of speech vis-à-vis data privacy in the US to the right to freedom of expression vis-à-vis data privacy rights under European law. The purpose of the comp...


The Practical and Theoretical Problems with ‘Balancing’: Delfi , Coty and the Redundancy of the Human Rights Framework

Authors: B. Van Der Sloot

Abstract: In the realm of privacy and data protection – as in the fundamental rights framework in general – balancing has become the standard approach for dealing with legal disputes. It comes, however, with a number of practical and theoretical problems. Th...


Digital Rights Ireland as an Opportunity to Foster a Desirable Approximation of Data Retention Provisions

Authors: F. Galli

Abstract: Directive 2006/24/EC sets out data retention rules and is a useful tool for the investigation, detection and prosecution of serious crimes. The implementation process has been complex mainly due to concerns about data privacy rights, and led to ‘pa...


Private Companies and the Transfer of Data to Law Enforcement Authorities: Challenges for Data Protection

Authors: E. De Busser

Abstract: The need for law enforcement authorities cooperating with private companies is not new. Personal data retained by private companies can be necessary for the purpose of preventing, detecting, investigating and prosecuting criminal offences. Besides ...


The Preliminary Opinion of the European Data Protection Supervisor and the Discretion of the European Commission in Enforcing Competition Law

Authors: F. Costa-cabral

Abstract: The Preliminary Opinion of the European Data Protection Supervisor (EDPS) calls for data protection rights to be integrated in the enforcement of competition law in the EU. The EDPS proposes that the Commission should use its discretion to broaden ...


Data Protection Rights and Tax Information Exchange in the European Union: An Uneasy Combination

Authors: M. Schaper

Abstract: Tax administrations in the European Union exchange an ever-increasing amount of information on taxation matters on a mandatory and automatic basis. This development gives rise to data protection concerns. The aim of this article is to examine how t...


Information Exchange in European Administrative Law: A Threat to Effective Judicial Protection?

Authors: M. Eliantonio

Abstract: European policies are increasingly implemented through the joint production, gathering, management and exchange of information. These information exchange mechanisms may pose problems in the context of judicial protection because it may be difficul...


Effective Redress of Grievance in Data Protection: An Illusion?

Authors: M. Varney

Abstract: This article questions whether the current data protection legislative framework in the EU to provide effective redress of grievance for those who are affected by a breach of data protection law. It considers the extent to which the principle of ef...