
The Concept Of A Risk-based Approach To Data Protection Came To The Fore During The Overhaul Process Of The Eu's General Data Protection Regulation (gdpr). At Its Core, It Consists Of Endowing The Regulated Organizations That Process Personal Data With Increased Responsibility For Complying With Data Protection Mandates. Such Increased Compliance Duties Are Performed Through Risk Management Tools. This Book Provides A Comprehensive Analysis Of This Legal And Policy Development, Which Considers A Legal, Historical, And Theoretical Perspective. By Framing The Risk-based Approach As A Sui Generis Implementation Of A Specific Regulation Model 'known As Meta Regulation, This Book Provides A Recollection Of The Policy Developments That Led To The Adoption Of The Risk-based Approach In Light Of Regulation Theory And Debates. It Also Discusses A Number Of Salient Issues Pertaining To The Risk-based Approach, Such As Its Rationale, Scope, And Meaning; The Role For Regulators; And Its Potential And Limits. The Book Also Looks At They Way It Has Been Undertaken In Major Statutes With A Focus On Key Provisions, Such As Data Protection Impact Assessments Or Accountability. Finally, The Book Devotes Considerable Attention To The Notion Of Risk. It Explains Key Terms Such As Risk Assessment And Management. It Discusses In-depth The Role Of Harms In Data Protection, The Meaning Of A Data Protection Risk, And The Difference Between Risks And Harms. It Also Critically Analyses Prevalent Data Protection Risk Management Methodologies And Explains The Most Important Caveats For Managing Data Protection Risks.
This book investigates the theoretical, legal, and practical implications of the risk-based approach to data protection within the framework of the EU General Data Protection Regulation (GDPR). Raphaël Gellert, a legal scholar, utilizes regulation theory to analyze how the shift toward organizational responsibility functions as a form of meta-regulation. The text evaluates the historical development of these policies and provides a critical examination of how risk management tools are applied to ensure compliance with data protection mandates.
What You Will Find
Scope Limits
Legal scholars and policy experts recognize this work as a foundational text for understanding the theoretical underpinnings of modern data protection law. Readers frequently note the academic density of the prose, which is well-suited for practitioners and students seeking a rigorous analysis of regulatory frameworks.
Page Count:
0
Publication Date:
2020-01-01
Publisher:
Oxford : Oxford University Press,
ISBN-10:
0191874302
ISBN-13:
9780191874307
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