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Data Protection Impact Assessments as rule of law governance mechanisms

Authors: Swee Leng Harris;

Data Protection Impact Assessments as rule of law governance mechanisms

Abstract

AbstractRule of law principles are essential for a fair and just society and apply to government activities regardless of whether those activities are undertaken by a human or automated data processing. This article explores how Data Protection Impact Assessments (DPIAs) could provide a mechanism for improved rule of law governance of data processing systems developed and used by government for public purposes in civil and administrative areas. Applying rule of law principles to two case studies provides a sketch of the issues and concerns that this article’s proposals for DPIAs seek to address. The article undertakes comparative analysis to find relevant principles and concepts for governance of data processing systems, looking at human rights impact assessments, administrative law, and process rights in environmental law. Drawing on this comparative analysis to identify specific recommendations for DPIAs, the article offers guidance on how DPIAs could be used to strengthen the governance of data processing by government in rule of law terms.

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Keywords

Data Protection Impact Assessments, transparency, rule of law, Information technology, human rights, T58.5-58.64, JF20-2112, Accountability, Political institutions and public administration (General)

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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!
views
OpenAIRE UsageCountsViews provided by UsageCounts
downloads
OpenAIRE UsageCountsDownloads provided by UsageCounts
3
Top 10%
Average
Average
52
16
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