Designing and Formulating Data Protection Laws

Abstract

Data protection and privacy are under pressure from actors who advocate other political objectives that enjoy considerable support and legitimacy in the population at large. Fighting organised crime and terrorism, improving health care, renewing the machinery of government and adapting business to new competitive environments may lead to more extensive, intensive and easier access to personal data, with intrusive consequences for citizens. Although predicting “The death of privacy”1 would clearly be an exaggeration, there is however, obvious cause for concern regarding the relative strength of data protection. This article is based on the assumption that data protection is being impaired by three major factors: i) changing statutory content as a result of a shift in the balance of interests, ii) inadequate formulation of data protection laws, and iii) insufficient ability to implement and enforce such laws. Factor i) refers to a re-evaluation of data protection in relation to other...

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