This project was completed in March 2014 and highlights the (regulatory) dialogue between data protection surveillance and firms in the Internet branches during the shift from the classical surveillance activity to a monitoring and control of data processing activity in the interests of those affected by it towards a regulatory governance of data-processing participants in this market.
Dialogue as a regulatory instrument has a central significance in the context of a “data protection regulation”.We have investigated communication in a variety of situations:
This project was completed in March 2014 and highlights the (regulatory) dialogue between data protection surveillance and firms in the Internet branches during the shift from the classical surveillance activity to a monitoring and control of data processing activity in the interests of those affected by it towards a regulatory governance of data-processing participants in this market.
Dialogue as a regulatory instrument has a central significance in the context of a “data protection regulation”.We have investigated communication in a variety of situations:
- (informal) dialoguefor orientation and preliminary clarification,
- individual consultation by the monitoring body and
- clarification of disagreements in formal proceedings.
The project consisted of workshops with representatives from praxis and from research organisations, as well as an online survey of firms, lawyers, data protection consultants and representatives of the monitoring authorities. Our investigation has shown that the following may be employed to effect a dialogue
- prioritising active communication as one of the monitoring authority’s tasks,
- creating legal and/or operational ground rules for various dialogue situations, in order to replace informal and sometimes undependable dialogue situations by “arenas for conversation” with clearly defined rules,
- mitigate eventual worries over disadvantageous consequences of a mutual exchange,
- work towards clarification of legal questions over data protection as far as possible at an early stage of development or even as a preliminary,
- create alternative paths to the little-used litigation procedure for legal queries on data protection, by which the law on data protection can develop by specifying definitions for norms.
Details may be found in our reported results, which are available for download.
This project stands alone, in contrast to the project, “Optimierung des regulatorischen Konzepts im Datenschutz” [Optimization of the Regulatory Concept of Data Protection Law], which aims much more at research into basics.
The content of both could result in the reciprocal disclosure of new insights.The project’s method follows the innovation workshop, “Kreativität und Urheberrecht in der Netzökonomie” [Creativity and Copyright in the Internet Economy] of 2009/2010.
Project Description
This project was completed in March 2014 and highlights the (regulatory) dialogue between data protection surveillance and firms in the Internet branches during the shift from the classical surveillance activity to a monitoring and control of data processing activity in the interests of those affected by it towards a regulatory governance of data-processing participants in this market.
Dialogue as a regulatory instrument has a central significance in the context of a “data protection regulation”.We have investigated communication in a variety of situations:
- (informal) dialoguefor orientation and preliminary clarification,
- individual consultation by the monitoring body and
- clarification of disagreements in formal proceedings.
The project consisted of workshops with representatives from praxis and from research organisations, as well as an online survey of firms, lawyers, data protection consultants and representatives of the monitoring authorities. Our investigation has shown that the following may be employed to effect a dialogue
- prioritising active communication as one of the monitoring authority’s tasks,
- creating legal and/or operational ground rules for various dialogue situations, in order to replace informal and sometimes undependable dialogue situations by “arenas for conversation” with clearly defined rules,
- mitigate eventual worries over disadvantageous consequences of a mutual exchange,
- work towards clarification of legal questions over data protection as far as possible at an early stage of development or even as a preliminary,
- create alternative paths to the little-used litigation procedure for legal queries on data protection, by which the law on data protection can develop by specifying definitions for norms.
Details may be found in our reported results, which are available for download.
This project stands alone, in contrast to the project, “Optimierung des regulatorischen Konzepts im Datenschutz” [Optimization of the Regulatory Concept of Data Protection Law], which aims much more at research into basics.
The content of both could result in the reciprocal disclosure of new insights.The project’s method follows the innovation workshop, “Kreativität und Urheberrecht in der Netzökonomie” [Creativity and Copyright in the Internet Economy] of 2009/2010.
