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.
Florence D’Ath – firstname.lastname@example.org
University of Luxembourg