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The right to protection of personal data: the new posterchild of European Union citizenship? external link

Irion, K. & Granger, M.-P.

Edward Elgar Publishing, 1031

Abstract

In this chapter we argue that the right to data protection is the posterchild of EU citizenship in the digital era. We start by providing a brief overview of the gradual construction of the right to personal data protection in the EU. We then identify a range of actors who have played a particular role in the building process, including EU citizens themselves. Next, we review the current legal ‘architecture’ of the right to the protection of personal data and discuss whether it could serve as a model for the future development of EU citizenship, notwithstanding remaining challenges at the level of national implementation and public and private compliance with EU rules. Finally, we reflect on the future of the right to data protection, and its contribution to the development of EU citizenship as a legal regime.

Links

citizenship, EU law, frontpage, GDPR, Privacy

RIS

TY  - CHAP
AU  - Irion, K.
AU  - Granger, M.-P.
PY  - 1031
DA  - 2018-10-31
T1  - The right to protection of personal data: the new posterchild of European Union citizenship?
DO  - https://doi.org/10.4337/9781788113441.00019
AB  - In this chapter we argue that the right to data protection is the posterchild of EU citizenship in the digital era. We start by providing a brief overview of the gradual construction of the right to personal data protection in the EU. We then identify a range of actors who have played a particular role in the building process, including EU citizens themselves. Next, we review the current legal ‘architecture’ of the right to the protection of personal data and discuss whether it could serve as a model for the future development of EU citizenship, notwithstanding remaining challenges at the level of national implementation and public and private compliance with EU rules. Finally, we reflect on the future of the right to data protection, and its contribution to the development of EU citizenship as a legal regime.
K1  - citizenship
K1  - EU law
K1  - frontpage
K1  - GDPR
K1  - Privacy
ER  -

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Bibtex

Chapter{Irion2018c,
	title = {The right to protection of personal data: the new posterchild of European Union citizenship?},
	author = {Irion, K. and Granger, M.-P.},
	url = {https://www.ivir.nl/publicaties/download/The-right-to-protection-of-personal-data-prepub.pdf},
	doi = {https://doi.org/10.4337/9781788113441.00019},
	year = {1031},
	date = {2018-10-31},
	abstract = {In this chapter we argue that the right to data protection is the posterchild of EU citizenship in the digital era. We start by providing a brief overview of the gradual construction of the right to personal data protection in the EU. We then identify a range of actors who have played a particular role in the building process, including EU citizens themselves. Next, we review the current legal ‘architecture’ of the right to the protection of personal data and discuss whether it could serve as a model for the future development of EU citizenship, notwithstanding remaining challenges at the level of national implementation and public and private compliance with EU rules. Finally, we reflect on the future of the right to data protection, and its contribution to the development of EU citizenship as a legal regime.},
	keywords = {citizenship, EU law, frontpage, GDPR, Privacy},
}

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Tracking walls, take-it-or-leave-it choices, the GDPR, and the ePrivacy regulation external link

Zuiderveen Borgesius, F., Kruikemeier, S., Boerman, S.C. & Helberger, N.

European Data Protection Law Review, vol. 2017, num: 3, pp: 353-368, 2017

Abstract

On the internet, we encounter take-it-or-leave-it choices regarding our privacy on a daily basis. In Europe, online tracking for targeted advertising generally requires the internet users’ consent to be lawful. Some websites use a tracking wall, a barrier that visitors can only pass if they consent to tracking by third parties. When confronted with such a tracking wall, many people click ‘I agree’ to tracking. A survey that we conducted shows that most people find tracking walls unfair and unacceptable. We analyse under which conditions the ePrivacy Directive and the General Data Protection Regulation allow tracking walls. We provide a list of circumstances to assess when a tracking wall makes consent invalid. We also explore how the EU lawmaker could regulate tracking walls, for instance in the ePrivacy Regulation. It should be seriously considered to ban tracking walls, at least in certain circumstances.

Links

europe, frontpage, GDPR, Privacy, tracking walls

RIS

TY  - JOUR
AU  - Zuiderveen Borgesius, F.
AU  - Kruikemeier, S.
AU  - Boerman, S.C.
AU  - Helberger, N.
PY  - 1019
DA  - 2017-10-19
T1  - Tracking walls, take-it-or-leave-it choices, the GDPR, and the ePrivacy regulation
JO  - European Data Protection Law Review
VL  - 2017
NV  - 3
SP  - 353-368
DO  - https://doi.org/https://doi.org/10.21552/edpl/2017/3/9
AB  - On the internet, we encounter take-it-or-leave-it choices regarding our privacy on a daily basis. In Europe, online tracking for targeted advertising generally requires the internet users’ consent to be lawful. Some websites use a tracking wall, a barrier that visitors can only pass if they consent to tracking by third parties. When confronted with such a tracking wall, many people click ‘I agree’ to tracking. A survey that we conducted shows that most people find tracking walls unfair and unacceptable. We analyse under which conditions the ePrivacy Directive and the General Data Protection Regulation allow tracking walls. We provide a list of circumstances to assess when a tracking wall makes consent invalid. We also explore how the EU lawmaker could regulate tracking walls, for instance in the ePrivacy Regulation. It should be seriously considered to ban tracking walls, at least in certain circumstances.
K1  - europe
K1  - frontpage
K1  - GDPR
K1  - Privacy
K1  - tracking walls
ER  -

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Bibtex

Article{Borgesius2017b,
	title = {Tracking walls, take-it-or-leave-it choices, the GDPR, and the ePrivacy regulation},
	author = {Zuiderveen Borgesius, F. and Kruikemeier, S. and Boerman, S.C. and Helberger, N.},
	url = {https://www.ivir.nl/publicaties/download/EDPL_2017_03.pdf},
	doi = {https://doi.org/https://doi.org/10.21552/edpl/2017/3/9},
	year = {1019},
	date = {2017-10-19},
	journal = {European Data Protection Law Review},
	volume = {2017},
	number = {3},
	pages = {353-368},
	abstract = {On the internet, we encounter take-it-or-leave-it choices regarding our privacy on a daily basis. In Europe, online tracking for targeted advertising generally requires the internet users’ consent to be lawful. Some websites use a tracking wall, a barrier that visitors can only pass if they consent to tracking by third parties. When confronted with such a tracking wall, many people click ‘I agree’ to tracking. A survey that we conducted shows that most people find tracking walls unfair and unacceptable. We analyse under which conditions the ePrivacy Directive and the General Data Protection Regulation allow tracking walls. We provide a list of circumstances to assess when a tracking wall makes consent invalid. We also explore how the EU lawmaker could regulate tracking walls, for instance in the ePrivacy Regulation. It should be seriously considered to ban tracking walls, at least in certain circumstances.},
	keywords = {europe, frontpage, GDPR, Privacy, tracking walls},
}

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