European Data Protection Regulation and Online New Media: Mind the Enforcement Gap


Type
Article
Change log
Authors
Abstract

Data Protection Authorities (DPAs) play a critical role in shaping and applying the regulation applicable to online media expression within the European Economic Area. Drawing on seven ubiquitous types of online new media actors, a comprehensive survey of these authorities was undertaken. It found that European DPAs generally adopt an expansive interpretation of data protection and a constrained understanding of freedom of expression in this space. In contrast, data protection enforcement is weak and lacking in harmonization. Except for street mapping services, each type of online media actor had only faced relevant enforcement action from a minority of these agencies. DPA financial resourcing is very limited. Notwithstanding the development of DPA ‘network governance’, only DPAs with a particularly extensive interpretative stance proved likely to have engaged in extensive enforcement activity. It remains unclear what difference the General Data Protection Regulation will make to resolving this enforcement gap and its related problems.

Description
Keywords
48 Law and Legal Studies, 16 Peace, Justice and Strong Institutions
Journal Title
Journal of Law and Society
Conference Name
Journal ISSN
0263-323X
Volume Title
43
Publisher
Wiley
Sponsorship
British Academy