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The structure of rights in Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and the free movement of such data

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Abstract

The paper has three parts. First, a survey and analysis is given ofthe structure of individual rights in the recent EU Directive ondata protection. It is argued that at the core of this structure isan unexplicated notion of what the data subject can `reasonablyexpect' concerning the further processing of information about himor herself. In the second part of the paper it is argued thattheories of privacy popular among philosophers are not able to shed much light on the issues treated in the Directive, whichare, arguably, among the central problems pertaining to theprotection of individual rights in the information society. Inthe third part of the paper, some suggestions are made for a richerphilosophical theory of data protection and privacy. It is arguedthat this account is better suited to the task of characterizingthe central issues raised by the Directive.

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References

  • Anita L. Allen. Uneasy Access. Privacy for Women in a Free Society. Rowman and Littlefield, Totowa, NJ, 1988.

    Google Scholar 

  • Judith DeCew. In Pursuit of Privacy. Cornell University Press, Ithaca, 1997.

    Google Scholar 

  • Dag Elgesem. Privacy, Respect for Persons, and Risk. In Charles Ess, editor, Philosophical Perspectives on Computer-Mediated Communication, pp. 45–66. State Univeristy of New York Press, Albany, NY, 1996.

    Google Scholar 

  • Ruth Gavison. Privacy and the Limits of Law. In F.D. Schoeman, editor, Philosophical Dimensions of Privacy, pp. 346–402. Cambridge University Press, Cambridge, 1984.

    Google Scholar 

  • James Moor. How to Invade and Protect Privacy with Computers. In Carol Gould, editor, The Information Web: Ethical and Social Implications of Computer Networking, pp. 57–70. Westview, Boulder, CO, 1989.

    Google Scholar 

  • James Moor. The Ethics of Privacy Protection. Library Trends, 39 (1/2: Summer/Fall): 69–82, 1990.

    Google Scholar 

  • James Moor. Towards a Theory of Privacy in the Information Age. In M.J. van den Hoven, editor, Proceedings of CEPE97. Rotterdam, 1998.

  • Alan Westin. Privacy and Freedom. Athenum, New York, 1967.

    Google Scholar 

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Authors and Affiliations

  1. National Committees for Research Ethics, Norway Gaustadalleen 21, 0349, Oslo, Norway

    Dag Elgesem

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  1. Dag Elgesem
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Elgesem, D. The structure of rights in Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and the free movement of such data. Ethics and Information Technology 1, 283–293 (1999). https://doi.org/10.1023/A:1010076422893

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  • DOI: https://doi.org/10.1023/A:1010076422893

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