Jean Monnet Network on enforcement of EU law (EULEN)

YRP Projects

EU data protection: a super functional framework? Understanding and enhancing the functionality of EU data protection law for the benefit of fundamental rights in the area of information technologies (by Florence D’Ath)

This study conceptualizes the notion of legal functionality as the capability of a given law to provide practical tools to its addressees in order to achieve its objectives. This study then explores the functionality of EU data protection law with respect to its objective to ensure the respect of all the fundamental rights and freedoms of data subjects. After looking into the origin of this ambitious objective, this study aims at identifying the factors that have rendered EU data protection law particularly functional for the defense of the fundamental right to privacy and personal data protection. This study also aims at understanding how the functionality of EU data protection law could further be enhanced for the protection of other fundamental rights which have proven to be vulnerable to harmful data-driven practices. Particular focus will be put on the right not to be discriminated in the context of automated individual decision-marking and on the right to receive and impart information without interference in the context of political micro-targeting on the internet.

Researcher

Florence D’Ath – florence.dath@uni.lu

University of Luxembourg

Advisory Board

The network also has an advisory board with internationally recognised experts in the field of enforcement:

General coordination
Utrecht University, the Netherlands (prof. dr. Michiel Luchtman and dr. Mira Scholten)
Summer School 2022
Utrecht University, the Netherlands (prof. Judith van Erp)
OECD (dr. Florentin Blanc)
EU competition law
The University of Warsaw, Poland
(dr. hab. Maciej Bernatt and dr. Laura Zoboli)

Bocconi University, Milan, Italy
(prof. Federico Ghezzi and prof. Mariateresa Maggiolino)

EU banking and financial services
King’s College London, the United Kingdom
(prof. Alexander H. Türk and dr. Oana Stefan)
Fight against EU financial fraud
The University of Luxembourg, Luxembourg
(prof. Katalin Ligeti and mr. Fabio Giuffrida)