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SCRIPTed: A Journal of Law, Technology & Society
Article . 2004 . Peer-reviewed
License: Wiley TDM
Data sources: Crossref
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'Regulating' Online Data Privacy

Authors: Paul Reid;

'Regulating' Online Data Privacy

Abstract

With existing data protection laws proving inadequate in the fight to protect online data privacy and with the offline law of privacy in a state of change and uncertainty, the search for an alternative solution to the important problem of online data privacy should commence. With the inherent problem of jurisdiction that the Internet presents, such a solution is best coming from a multi-national body with the power to approximate laws in as many jurisdictions as possible, with a recognised authority and a functioning enforcement mechanism. The European Union is such a body and while existing data protection laws stem from the EU, they were neither tailored specifically for the Internet and the online world, nor do they fully harmonise the laws of the member states an essential element in Internet regulation. Current laws face further problems with the ease and frequency of data transfers outwith the EU. An Internet specific online data privacy regulation would fully approximate the laws of the twenty five member states and, if suitably drafted, could perhaps, drawing upon EC competition jurisprudence, achieve a degree of extraterritoriality, thus combating the problem posed by transfers outwith the EU. Any solution, however, is dependant upon our political leaders having the political will and courage to reach and agreement upon any new law.

Keywords

Law in general. Comparative and uniform law. Jurisprudence, K1-7720, K, Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold