Antiarrhythmika

Keller, K.; Hescheler, J.

doi:10.1007/978-3-642-56314-0_19

Cited by 1 publication

(1 citation statement)

References 7 publications

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“…204 In any case, it is also undeniable that, even as regards core media activity, 'data processing is now inseparable from news production'. 205 Extreme legislative diversity increases the payoff to any data controller who can successfully avoid onerous local provisions by placing their activities under the law of a less stringent EEA jurisdiction. At the same time, a lack of effective harmonization encourages both regulators and courts 206 to adopt a wider interpretation of the circumstances in which a cross-border data controller will be required to adhere to local data protection law.…”

Section: Conclusion and Reformmentioning

confidence: 99%

European Union Data Protection Law and Media Expression: Fundamentally Off Balance

Erdos

2016

ICLQ

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The European Data Protection Directive 95/46/EC requires all European Economic Area (EEA) jurisdictions to provide an equivalent regime protecting the privacy and other fundamental rights and freedoms of natural persons in relation to personal data processing, whilst also shielding media expression from the default substantive requirements as necessary to ensure a balance between fundamental rights. Through a comprehensive coding of the derogations set out in each jurisdiction's data protection laws, this article provides the first systematic analysis of whether this has in fact been achieved. It is demonstrated that there is a total lack of even minimal harmonization in this area, with many laws providing for patently unbalanced results especially as regards the publication of sensitive information, which includes criminal convictions and political opinion, and the collection of information without notice direct from the data subject. This reality radically undermines European data protection's twin purposes of ensuring the free flow of personal data and protecting fundamental rights, an outcome which remains largely unaddressed by the proposed new Data Protection Regulation. Practical suggestions are put forward to ameliorate these troubling inconsistencies within the current process of reform.

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Section: Conclusion and Reformmentioning

confidence: 99%

European Union Data Protection Law and Media Expression: Fundamentally Off Balance

Erdos

2016

ICLQ

View full text Add to dashboard Cite

show abstract

Antiarrhythmika

Cited by 1 publication

References 7 publications

European Union Data Protection Law and Media Expression: Fundamentally Off Balance

European Union Data Protection Law and Media Expression: Fundamentally Off Balance

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