The Risk-Based Approach to Data Protection
Summary
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The Risk-Based Approach to Data Protection by Raphal Gellert
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.
Raphaël Gellert is an assistant professor in ICT and private law at Radboud University, where he is a member of the Radboud Business Law Institute, and of the interdisciplinary Hub for Security, Privacy and Data Governance. He is also an affiliated researcher at the Research Group on Law, Science, Technology & Society (LSTS) of the Vrije Universiteit Brussel (VUB).
| SKU | Unavailable |
| ISBN 13 | 9780198837718 |
| ISBN 10 | 0198837712 |
| Title | The Risk-Based Approach to Data Protection |
| Author | Raphaël Gellert |
| Series | Oxford Data Protection And Privacy Law |
| Condition | Unavailable |
| Binding Type | Hardback |
| Publisher | Oxford University Press |
| Year published | 2020-10-06 |
| Number of pages | 302 |
| Cover note | Book picture is for illustrative purposes only, actual binding, cover or edition may vary. |
| Note | Unavailable |