Effective Enforcement of a Data Protection
Author | : Malavika Raghavan |
Publisher | : |
Total Pages | : 29 |
Release | : 2020 |
ISBN-10 | : OCLC:1300151243 |
ISBN-13 | : |
Rating | : 4/5 ( Downloads) |
Download or read book Effective Enforcement of a Data Protection written by Malavika Raghavan and published by . This book was released on 2020 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper presents ideas for a new approach to enforcement of a data protection regime, based on risk-based supervision and the use of a range of responsive enforcement tools that could be deployed in advance of a breach to prevent it, or after a breach to mitigate the effects. Building on the risk-based approach to supervision, the model proposes a methodology to identify those entities that potentially pose more risk (to individuals and the system) when the personal data they hold is compromised.Part 2 of this paper proposes a risk-based framework to identify and classify entities based on the risk they pose when the personal data they hold is compromised, using both qualitative and quantitative components. Part 3 sets out an enforcement toolkit for data protection, guided by the paradigm of responsive regulation (that also employs ex ante tools) to prevent and mitigate the effects of a compromise of personal data. This approach is a departure from the post-data breach sanctions that currently dominate data protection regimes worldwide. Part 4 sets out the features of institutional design and inter-sectoral coordination required for effective implementation of such a model approach for risk-based supervision and enforcement of data protection rights.