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The European Union as guardian of Internet privacy : the story of Art 16 TFEU
Hijmans H., Springer International Publishing, New York, NY, 2016. 604 pp. Type: Book (978-3-319340-89-0)
Date Reviewed: Mar 23 2017

The European Union (EU) treats data protection and personal privacy as fundamental rights, unlike the US. Any business operating in Europe must understand a number of privacy-related treaties and directives, including Article 16. Article 16(1) reads: “Everyone has the right to the protection of personal data concerning them.” This 600-page book is a revised doctoral dissertation addressing EU privacy topics in depth. This is heavy but essential reading in understanding the various EU stakeholders and the legal framework in which privacy protection functions.

The ten chapters are broken into digestible subparts for easy scanning of the table of contents, although there is no comprehensive word index. After an introductory chapter, the text addresses the privacy and data protection values of the EU in its numerous facets, with the right of privacy as a dynamic and unfolding concept. A chapter is devoted to the Internet and the era of big data and mass surveillance. A following chapter is devoted to Article 16 and its limitations and exceptions.

The European judicial enforcement of Article 16 and privacy mandates, such as the well-known Google Spain litigation, are addressed in a chapter, as are US Supreme Court decisions that balance privacy against competing interests such as security and free expression. The European stakeholders, including member states and legislatures, are the subject of a chapter, as are US privacy rules. The role of independent data protection bodies as essentially a new branch of government, much like the US Federal Trade Commission (FTC), is discussed. The horizontal cooperation of these entities and organizational models that result in the EU data protection strategy is the topic of two chapters.

In a concluding chapter, the author suggests that Article 16 makes an ambitious approach to privacy protection possible, but this is doable only so far as member states and their components function effectively. The author sees these privacy protections as essential for democracy and is optimistic for the future. Future application and research will allow fine-tuning and “the centralization of the supervision of global Internet companies.” One may anticipate this regulatory development.

Each chapter begins with a brief abstract and is heavily footnoted and referenced. A matrix of entities and their functioning under Article 16, together with their legitimacy and effectiveness, is included. A detailed 40-page listing of consulted documents by topical area is quite helpful.

The material is cutting edge and comprehensive. Anyone concerned with data privacy in general and the EU approach in particular needs this book.

Reviewer:  Brad Reid Review #: CR145139 (1706-0363)
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