Diker Vanberg, Aysem. 2021. Informational privacy post GDPR – end of the road or the start of a long journey? The International Journal of Human Rights, 25(1), pp. 52-78. ISSN 1364-2987 [Article]

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Abstract or Description

The General Data Protection Regulation (GDPR) is a far-reaching legal instrument that regulates the collection and use of personal data by private actors, individuals and by governments. In this respect, the GDPR is indeed a key legal instrument for protecting informational privacy. This article will analyse and discuss the impact of the GDPR on the right to privacy particularly in the context of data protection. It also explores whether the GDPR in itself is adequate to ensure the right to privacy in the European Union (EU) and whether the protection provided by the GDPR can be supplemented by other means. The article finds that while the GDPR is a significant step in the right direction to protect informational privacy, it is certainly not the end of the journey. It argues that on its own, the GDPR cannot fully address the imbalance of power between data subjects and data controllers. Hence, it needs to be complemented by other regulatory tools such as the ePrivacy Regulation, EU competition law and Consumer Protection rules. Furthermore, some provisions in the GDPR must be revisited in the near future to ensure they do not become obsolete.

Item Type:	Article
Identification Number (DOI):	https://doi.org/10.1080/13642987.2020.1789109
Additional Information:	“This is an Accepted Manuscript version of the following article, accepted for publication in The International Journal of Human Rights. It is deposited under the terms of the Creative Commons Attribution-NonCommercial License (http://creativecommons.org/licenses/by-nc/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited.”
Keywords:	European Union, GDPR, privacy, ePrivacy Regulation, human rights, right to privacy
Departments, Centres and Research Units:	Law
Dates:	Date Event 22 June 2020 Accepted 9 July 2020 Published Online 2021 Published
Item ID:	31301
Date Deposited:	02 Feb 2022 11:20
Last Modified:	02 Feb 2022 11:43
Peer Reviewed:	Yes, this version has been peer-reviewed.
URI:	https://research.gold.ac.uk/id/eprint/31301

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