Overview

The concept of a risk-based approach to data protection came to the fore during the overhaul process of the EU's General Data Protection Regulation (GDPR). At its core, it consists of endowing the regulated organizations that process personal data with increased responsibility for complying with data protection mandates. Such increased compliance duties are performed through risk management tools. This book provides a comprehensive analysis of this legal and policy development, which considers a legal, historical, and theoretical perspective. By framing the risk-based approach as a sui generis implementation of a specific regulation model, this book provides a recollection of the policy developments that led to the adoption of the risk-based approach in light of regulation theory and debates. It also discusses a number of salient issues pertaining to the risk-based approach, such as its rationale, scope, and meaning; the role for regulators; and its potential and limits. This book also looks at they way it has been undertaken in major statutes with a focus on key provisions, such as data protection impact assessments or accountability. Finally, the book devotes considerable attention to the notion of risk. It explains key terms such as risk assessment and management. It discusses in-depth the role of harms in data protection, the meaning of a data protection risk, and the difference between risks and harms. It also critically analyses prevalent data protection risk management methodologies and explains the most important caveats for managing data protection risks.

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9780191874307

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Rapha�l Gellert, Assistant Professor, Radboud University, Nijmegen Rapha�l Gellert is an assistant professor in private law and ICT at the Law Faculty of the Radboud University, Nijmegen. The core of his research revolves around the regulation of technologies, and in particular, digital technologies, which he conducts in an interdisciplinary fashion. Resorting to so-called science and technology studies (STS), risk and risk management literature, and regulation theory, he has written on topics such as data protection law, data protection impact assessments, risk management, but also nanotechnology regulation, the precautionary principle and sustainable development, and smart energy grids. More recently, he has been writing on issues of machine learning and algorithmic regulation from the perspective of law and information theory. Rapha�l received his PhD at the Vrije Universiteit Brussel in 2017.

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