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Regulating Privacy: What Is the Point? WORK IN PROGRESS
-- By ClementLegrand - 03 Nov 2016
Introduction
On the 27th of April, The European Union officially published the General Data protection Regulation (GDPR) [Note: Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC], replacing a Directive dating back from 1995. This regulation is 88 pages long and is intended to regulate the processing of personal data in Europe, but also, under specific circumstances, the processing of personal data outside of Europe. [Note : Article 3.2 of the GDPR]. This approach raises several questions. The pervasive nature of the internet, the constant evolution of the technology, as well as the interests that the States themselves have in collecting information seem to limit the practical effect of adopting Regulation in this field. In this paper, I will, shortly but non-exhaustively, present four arguments in favor of the adoption of such kind of regulation, through examples stemming from the European approach.
Regulation: Pro and Cons
The Territorial Limitation
The Educational Effect
The Economic Risk
Conclusion
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