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Could the doctrine of moral rights be used as a basis for understanding the notion of control within data protection law? / Pearce, Henry.

In: Information and Communications Technology Law, Vol. 27, No. 2, 01.04.2018, p. 133-165.

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@article{a077e590666c4b1886f6d5a9941f2407,
title = "Could the doctrine of moral rights be used as a basis for understanding the notion of control within data protection law?",
abstract = "This article considers the notion of individual control of personal data as envisaged by the European data protection framework and makes the argument that it is a poorly-understood and under-developed concept, but that our understanding of it may be improved by way of analyses and comparisons with the doctrine of moral rights, an important constituent element of intellectual property law. The article starts by examining the concept of personal data itself, and why an enhanced level of individual control over personal data is thought to be a desirable regulatory objective. Following this, the article examines the scholarly literature pertaining to individual control of personal data, as well as a range of relevant EU policy documents. Having done so, the article argues that the notion of control is muddled and confused from both theoretical and practical perspectives. Following this, the article considers the doctrine of moral rights, and through an exploration of its theoretical and practical elements highlights why it may be of assistance in terms of enhancing our understanding of individual control in the data protection context.",
keywords = "Control, Data protection, Individual rights, Moral rights, Personal data",
author = "Henry Pearce",
note = "This is an Accepted Manuscript of an article published by Taylor & Francis Group in Information & Communications Technology Law on 1 April 2018, available online at:https://doi.org/10.1080/13600834.2018.1458449. Under embargo until 1 October 2019.",
year = "2018",
month = apr,
day = "1",
doi = "10.1080/13600834.2018.1458449",
language = "English",
volume = "27",
pages = "133--165",
journal = "Information and Communications Technology Law",
issn = "1360-0834",
publisher = "Routledge",
number = "2",

}

RIS

TY - JOUR

T1 - Could the doctrine of moral rights be used as a basis for understanding the notion of control within data protection law?

AU - Pearce, Henry

N1 - This is an Accepted Manuscript of an article published by Taylor & Francis Group in Information & Communications Technology Law on 1 April 2018, available online at:https://doi.org/10.1080/13600834.2018.1458449. Under embargo until 1 October 2019.

PY - 2018/4/1

Y1 - 2018/4/1

N2 - This article considers the notion of individual control of personal data as envisaged by the European data protection framework and makes the argument that it is a poorly-understood and under-developed concept, but that our understanding of it may be improved by way of analyses and comparisons with the doctrine of moral rights, an important constituent element of intellectual property law. The article starts by examining the concept of personal data itself, and why an enhanced level of individual control over personal data is thought to be a desirable regulatory objective. Following this, the article examines the scholarly literature pertaining to individual control of personal data, as well as a range of relevant EU policy documents. Having done so, the article argues that the notion of control is muddled and confused from both theoretical and practical perspectives. Following this, the article considers the doctrine of moral rights, and through an exploration of its theoretical and practical elements highlights why it may be of assistance in terms of enhancing our understanding of individual control in the data protection context.

AB - This article considers the notion of individual control of personal data as envisaged by the European data protection framework and makes the argument that it is a poorly-understood and under-developed concept, but that our understanding of it may be improved by way of analyses and comparisons with the doctrine of moral rights, an important constituent element of intellectual property law. The article starts by examining the concept of personal data itself, and why an enhanced level of individual control over personal data is thought to be a desirable regulatory objective. Following this, the article examines the scholarly literature pertaining to individual control of personal data, as well as a range of relevant EU policy documents. Having done so, the article argues that the notion of control is muddled and confused from both theoretical and practical perspectives. Following this, the article considers the doctrine of moral rights, and through an exploration of its theoretical and practical elements highlights why it may be of assistance in terms of enhancing our understanding of individual control in the data protection context.

KW - Control

KW - Data protection

KW - Individual rights

KW - Moral rights

KW - Personal data

UR - http://www.scopus.com/inward/record.url?scp=85044771341&partnerID=8YFLogxK

U2 - 10.1080/13600834.2018.1458449

DO - 10.1080/13600834.2018.1458449

M3 - Article

VL - 27

SP - 133

EP - 165

JO - Information and Communications Technology Law

JF - Information and Communications Technology Law

SN - 1360-0834

IS - 2

ER -