What could possibly go wrong?
The risk-based approach is a pillar of EU data protection law, mandating data controllers to adapt their obligations to the risks to the rights and freedoms of natural persons. Despite aiming to strengthen data protection and provide flexibility, it presents conceptual and practical challenges, suc...
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| Format: | Article |
| Language: | English |
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openjournals.nl
2025-01-01
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| Series: | Technology and Regulation |
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| Online Access: | https://techreg.org/article/view/19503 |
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| _version_ | 1832586464709312512 |
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| author | Dariusz Kloza Thibaut D'hulst Malik Aouadi |
| author_facet | Dariusz Kloza Thibaut D'hulst Malik Aouadi |
| author_sort | Dariusz Kloza |
| collection | DOAJ |
| description |
The risk-based approach is a pillar of EU data protection law, mandating data controllers to adapt their obligations to the risks to the rights and freedoms of natural persons. Despite aiming to strengthen data protection and provide flexibility, it presents conceptual and practical challenges, such as comprehending and assessing risk. This paper seeks to elucidate these issues to enhance legal compliance and safeguard fundamental rights. Section 2 scrutinizes the nature of risk and its assessment, examines related concepts like damage, and explores inherent problems. Section 3, after illustrating such risks, expands their understanding by introducing ‘negative consequences’ and proposing their typology. Section 4 presents a method for efficiently identifying these consequences, i.e., an inventory with a complimentary classification criteria.
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| format | Article |
| id | doaj-art-7cf338dfc44e4018912af33eaa4efa0e |
| institution | Kabale University |
| issn | 2666-139X |
| language | English |
| publishDate | 2025-01-01 |
| publisher | openjournals.nl |
| record_format | Article |
| series | Technology and Regulation |
| spelling | doaj-art-7cf338dfc44e4018912af33eaa4efa0e2025-01-25T12:29:10Zengopenjournals.nlTechnology and Regulation2666-139X2025-01-01202410.26116/techreg.2024.023What could possibly go wrong?Dariusz Kloza0https://orcid.org/0000-0003-0819-8130Thibaut D'hulst1Malik Aouadi2Universiteit GentVan Bael & BellisVan Bael & Bellis The risk-based approach is a pillar of EU data protection law, mandating data controllers to adapt their obligations to the risks to the rights and freedoms of natural persons. Despite aiming to strengthen data protection and provide flexibility, it presents conceptual and practical challenges, such as comprehending and assessing risk. This paper seeks to elucidate these issues to enhance legal compliance and safeguard fundamental rights. Section 2 scrutinizes the nature of risk and its assessment, examines related concepts like damage, and explores inherent problems. Section 3, after illustrating such risks, expands their understanding by introducing ‘negative consequences’ and proposing their typology. Section 4 presents a method for efficiently identifying these consequences, i.e., an inventory with a complimentary classification criteria. https://techreg.org/article/view/19503data protectionrisk-based approachrisk to the rightsdata protection impact assessment |
| spellingShingle | Dariusz Kloza Thibaut D'hulst Malik Aouadi What could possibly go wrong? Technology and Regulation data protection risk-based approach risk to the rights data protection impact assessment |
| title | What could possibly go wrong? |
| title_full | What could possibly go wrong? |
| title_fullStr | What could possibly go wrong? |
| title_full_unstemmed | What could possibly go wrong? |
| title_short | What could possibly go wrong? |
| title_sort | what could possibly go wrong |
| topic | data protection risk-based approach risk to the rights data protection impact assessment |
| url | https://techreg.org/article/view/19503 |
| work_keys_str_mv | AT dariuszkloza whatcouldpossiblygowrong AT thibautdhulst whatcouldpossiblygowrong AT malikaouadi whatcouldpossiblygowrong |