Exportar Publicação
A publicação pode ser exportada nos seguintes formatos: referência da APA (American Psychological Association), referência do IEEE (Institute of Electrical and Electronics Engineers), BibTeX e RIS.
Gonçalves, Maria Eduarda (2017). The EU data protection reform and the challenges of big data: remaining uncertainties and ways forward. Information and Communications Technology Law. 26 (2), 90-115
M. E. Gonçalves, "The EU data protection reform and the challenges of big data: remaining uncertainties and ways forward", in Information and Communications Technology Law, vol. 26, no. 2, pp. 90-115, 2017
@article{gonçalves2017_1715630529914, author = "Gonçalves, Maria Eduarda", title = "The EU data protection reform and the challenges of big data: remaining uncertainties and ways forward", journal = "Information and Communications Technology Law", year = "2017", volume = "26", number = "2", doi = "10.1080/13600834.2017.1295838", pages = "90-115", url = "http://www.tandfonline.com/toc/cict20/current" }
TY - JOUR TI - The EU data protection reform and the challenges of big data: remaining uncertainties and ways forward T2 - Information and Communications Technology Law VL - 26 IS - 2 AU - Gonçalves, Maria Eduarda PY - 2017 SP - 90-115 SN - 1360-0834 DO - 10.1080/13600834.2017.1295838 UR - http://www.tandfonline.com/toc/cict20/current AB - As the first broad reform of the EU data protection legislation is being achieved, and notwithstanding EU institutions’ confident discourse, scepticism remains about the reform’s ability to safeguard the fundamental right to data protection in the face of evolving data processing techniques underlying so-called big data. Yet, one might wonder whether the cause for this difficulty should be ascribed mainly to technological progresses that the law finds it hard to deal with or rather to the policy choices embedded in the legal reform itself. Indeed, a new data protection enforcement model is being adopted, which relies heavily on risk assessment and management by the data controllers themselves. Likewise, data protection authorities see their supervisory role significantly weakened. These developments and the underlying rationality are discussed. Given the limitations of the risk-based approach as currently devised, we suggest that it be reappraised in consideration of risk regulatory experiences in other domains. ER -