An Assessment of the Draft Data Protection Regulation: Does it Effectively Protect Data?

Luke Danagher

Abstract


This paper aims to assess the proposed draft Regulation on data protection in light of the information-dense, borderless world in which data readily flows. The most portentous reforms are discussed, including data transfers to third countries and the ‘right to be forgotten’. The numerous failings of the current draft Regulation are highlighted in an effort to illustrate their inability to function effectively in the modern data-rich world. The paper concludes with two main points: Firstly, the current draft Regulation is in dire need of reform in numerous areas prior to implementation if it is to genuinely provide a high level of data protection for the foreseeable future. Secondly, it is argued that the Commission ought to carry out future reforms of major areas of law in a more piecemeal manner as it would make for more acceptable changes and less flawed legislation. If the recommendations forwarded in this paper are heeded then the Data Protection Regulation could prove to be an invaluable asset in the fight to protect personal data in a technologically evolving, borderless world.


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