Publicaties

This chapter reflects on the conclusions of the country-specific chapters and offers a detailed summary of the most noteworthy variances in national legislation across the ten European countries involved in the study. This comprehensive cross-European analysis examines key aspects of data protection legislation and specifically the right of access including the development of jurisprudence and case law in each country. The chapter draws ...

This chapter provide san up to date analysis of the legal and administrative frameworks surrounding informational rights at a supranational level in the European Union with a focus on the right of access to personal data. The first part of the chapter tracks the development of data protection and privacy legislation in the European Union, offering context and background to understand the journey of such regulation with a specific focus on the ...

This chapter outlines the experiences of attempting to exercise one’s right of access in Belgium. Using rich ethnographic examples, this chapter tests how easy or difficult it is for a data subject based in Belgium to obtain their personal data, firstly by locating the required information about organisations and their data controllers and secondly by submitting subject access requests to these organisa- tions. The chapter reflects on the ...

Cross-border cooperation among supervisory authorities in data privacy law needs to be strengthened due to expectations and hopes vested therein as well as to cope with the contemporary challenges of digitalized and globalized world. The quest for solutions habitually stays within the domain of data privacy law, but the notion of cooperation has been present also in other legal areas. A comparative analysis of parallel cooperation mechanisms, ...

The right of access to personal data is one of the most important rights of the data subject within the data protection architecture. Although it is spelled out in black and white in Directive 95/46/EC and the data protection acts of Member States, it is seldom exercised.

This article investigates how access rights are exercised in Italy and Belgium from the perspective of the law in theory and of the law in practice, on the basis of ...

As research conducted in the framework of the PHAEDRA project (Improving Practical and Helpful cooperAtion betweEn Data Protection Authorities, 2013-2015) demonstrated, numerous cross-jurisdictional cooperation initiatives in the area of data privacy have flourished in the recent decades at bilateral, regional, supranational and international levels. However, it was also determined that these initiatives are still too immature to reach their ...

The right to remedy breaches of data protection is laid down in both Directive 95/46/EC (Art. 22) and the Council of Europe Data Protection Convention no. 108 (Art. 8 (d)). Although data protection violations are remedied mainly at the national level, it is possible to identify a set of procedural rules on how to remedy data protection violations under EU law. Currently, there is a three-layered remedial system in place (composed of access ...

This contribution focuses on the impact of surveillance on the rule of law, due process and the presumption of innocence, key values and principles of a democratic order. It illustrates how they are implemented and enforced in contemporary surveillance societies, while referring to European law and case law.

If one looks at the case law of the European Court of Human Rights on surveillance matters, a well mature set of principles emerge, namely: legality, legitimacy, proportionality (the standard check) and, if the Court is "on it", also necessity and subsidiarity (the closer scrutiny check). We pass the surveillance case law and the principles developed therein in review and note that 1) not all surveillance is considered relevant to the right to ...

Cette contribution mène une analyse des récents développements européens en matière de contrôle et protection des frontières transfrontalières européennes principalement sur la base des récents arrêts Hirsi Jamaa et autres c. Italie et Atiqullah Adil c. les Pays-Bas, donnés respectivement par la Cour Européenne des Droits de l'Homme et la Cour de Justice de l'Union Européenne. Les trends actuels dans le processus d'européisation des frontières ...