Serge Gutwirth & Yves Poullet 
Reinventing Data Protection? 

data. Furthermore, the European Union established clear basic principles for the collection, storage and use of personal data by governments, businesses and other organizations or individuals in Directive 95/46/EC and Directive 2002/58/EC on Privacy and Electronic communications. Nonetheless, the twenty-?rst century citizen – utilizing the full potential of what ICT-technology has to offer – seems to develop a digital persona that becomes increasingly part of his individual social identity. From this perspective, control over personal information is control over an aspect of the identity one projects in the world. The right to privacy is the freedom from unreasonable constraints on one’s own identity. Transactiondata–bothtraf?candlocationdata–deserveourparticularattention. As we make phone calls, send e-mails or SMS messages, data trails are generated within public networks that we use for these communications. While traf?c data are necessary for the provision of communication services, they are also very sensitive data. They can give a complete picture of a person’s contacts, habits, interests, act- ities and whereabouts. Location data, especially if very precise, can be used for the provision of services such as route guidance, location of stolen or missing property, tourist information, etc. In case of emergency, they can be helpful in dispatching assistance and rescue teams to the location of a person in distress. However, p- cessing location data in mobile communication networks also creates the possibility of permanent surveillance.

Table of Content

Fundamental Concepts.- Data Protection in the Case Law of Strasbourg and Luxemburg: Constitutionalisation in Action.- The Right to Informational Self-Determination and the Value of Self-Development: Reassessing the Importance of Privacy for Democracy.- Data Protection as a Fundamental Right.- Consent in Data Protection Law: Privacy, Fair Processing and Confidentiality.- The Concepts of Identity and Identifiablity: Legal and Technical Deadlocks for Protecting Human Beings in the Information Society?.- The Actors.- Role of Trade Associations: Data Protection as a Negotiable Issue.- The Role of Data Protection Authorities.- The Role of Citizens: What Can Dutch, Flemish and English Students Teach Us About Privacy?.- Regulation.- Consent, Proportionality and Collective Power.- Is a Global Data Protection Regulatory Model Possible?.- Technical Standards as Data Protection Regulation.- Privacy Actors, Performances and the Future of Privacy Protection.- Specific Issues.- First Pillar and Third Pillar: Need for a Common Approach on Data Protection?.- Who is Profiling Who? Invisible Visibility.- Challenges in Privacy Advocacy.- Developing an Adequate Legal Framework for International Data Transfers.- Towards a Common European Approach to Data Protection: A Critical Analysis of Data Protection Perspectives of the Council of Europe and the European Union.- Freedom of Information Versus Privacy: Friends or Foes?.- Privacy Protection on the Internet: Risk Management and Networked Normativity.