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Data Protection In The Case Law Of Strasbourg And Luxemburg : Constitutionalisation In Action, Paul De Hert, Serge Gutwirth
Data Protection In The Case Law Of Strasbourg And Luxemburg : Constitutionalisation In Action, Paul De Hert, Serge Gutwirth
Serge Gutwirth
Seemingly, the history of data protection is a success story culminating in the recognition of data protection as a separate fundamental right in the 2000 EU Charter of Fundamental Rights. This paper assesses the future of the approach taken towards data protection. Using Lessig’s typology, the EU Charter should be regarded as a transformative constitution rather than as a codifying constitution. Of these two types, the transformative constitution is clearly the more difficult to realize, since it must act when the constitutional moment is over. Lessig is sceptical about the role of the courts when it comes to realizing such …
The Contribution Of The Article 29 Working Party To The Construction Of A Harmonised European Data Protection System: An Illustration Of 'Reflexive Governance'?, Yves Poullet, Serge Gutwirth
The Contribution Of The Article 29 Working Party To The Construction Of A Harmonised European Data Protection System: An Illustration Of 'Reflexive Governance'?, Yves Poullet, Serge Gutwirth
Serge Gutwirth
The Art. 29 Working Party, which brings together representatives of the different national supervisory Data Protection Authorities, is a body responsible for giving advice and making recommendations to the European institutions on specific data protection issues. It works closely with the Commission. At European level, no similar institution has been established for example as regards consumer or environmental protection, although some national legislations do provide for supervisory bodies in these matters . To put it a little bit bluntly, it could be said that Art. 29 of the Data Protection Directive has officially installed a kind of ‘privacy lobby group’ …