The Concept of ‘Information’
An Invisible Problem in the GDPR
Bibliographic Data
| ID | 21785769 |
|---|---|
| Authors | Dara Hallinan (0000-0002-1160-821X, Radboud University Nijmegen), Raphaël Gellert (0000-0002-1933-6108) |
| Year | 2020 |
| Volume | 17 |
| Issue | 2 |
| Pages | 269-319 |
| Publication date | 2020-08-06 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | SCRIPTed A Journal of Law Technology & Society (JOURNAL) |
| Journal identifiers | ISSN: 1744-2567 • E-ISSN: 1744-2567 |
| Publisher | University of Edinburgh (PUBLISHER • GB) |
| DOI | 10.2966/scrip.170220.269 |
| OpenAlex | W3048256358 |
| Language | EN |
By Dara Hallinan and Raphaël Gellert. Information is a central concept in data protection law. Yet, there is no clear definition of the concept in law – in legal text or jurisprudence. Nor has there been extensive scholarly consideration of the concept. This lack of attention belies a concept which is complex, multifaceted and functionally problematic in the GDPR. This paper takes an in-depth look at the concept of information in the GDPR and offers up three theses: (i) the concept of information plays two different roles in the GPDR – as an applicability criterion and as an object of regulation; (ii) the substantive boundaries of the concepts populating these two roles differ; and (iii) these differences are significant for the efficacy of the GDPR as an instrument of law
Data Protection Act 1998 · Epistemology · General Data Protection Regulation · Jurisprudence · Law and economics · Political science · Sociology · Computer Science · Criminal Law and Evidence · Digitalization, Law, and Regulation · Law · Philosophy · Privacy, Security, and Data Protection · Artificial Intelligence
| Highly cited | No |
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