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Vulnerability and Data Protection Law

Gianclaudio Malgieri author

Format:Hardback

Publisher:Oxford University Press

Published:21st Apr '23

Currently unavailable, and unfortunately no date known when it will be back

Vulnerability and Data Protection Law cover

Vulnerability has traditionally been viewed through the lens of specific groups of people, such as ethnic minorities, children, the elderly, or people with disabilities. With the rise of digital media, our perceptions of vulnerable groups and individuals have been reshaped as new vulnerabilities and different vulnerable sub-groups of users, consumers, citizens, and data subjects emerge. Vulnerability and Data Protection Law not only depicts these problems but offers the reader a detailed investigation of the concept of data subjects and a reconceptualization of the notion of vulnerability within the General Data Protection Regulation. The regulation offers a forward-facing set of tools that-though largely underexplored-are essential in rebalancing power asymmetries and mitigating induced vulnerabilities in the age of artificial intelligence. Considering the new risks and potentialities of the digital market, the new awareness about cognitive weaknesses, and the new philosophical sensitivity about the condition of human vulnerability, the author looks for a more general and layered definition of the data subject's vulnerability that goes beyond traditional labels. In doing so, he seeks to promote a 'vulnerability-aware' interpretation of the GDPR. A heuristic analysis that re-interprets the whole GDPR, this work is essential for both scholars of data protection law and for policymakers looking to strengthen regulations and protect the data of vulnerable individuals.

I think it is a useful reference for lawyers whose work involves sensitive personal data and 'vulnerable' data subjects. * Darren Grayson Chng, Society for Computers and Law *
Overall, Malgieri presents an innovative understanding of data protection law that addresses essential problems such as the ineffectiveness of consent in practice and tick-box-compliance in the context of risk mitigation measures, and thus provides a precious contribution to the academic debate. * Mona Winau, Scripted *
Overall, the book offers a comprehensive exploration of vulnerability in the context of the GDPR, providing insights into how to conceptualize and identify it and the corresponding legal protection mechanisms. In conclusion, I highly recommend that legal scholars, practitioners, and students read the book in depth. * JFT (the law and scoiety of Finland) *
I found Malgieri's arguments on the GDPR persuasive and compelling, and I thinkthat the book could be of interest to all European private lawyers. I have two mainreasons for this: one relates to the academic style of the volume, while the otherone is connected to the significance of the scenarios it opens up. * Marta INFANTINO, European Review of Private Law *

ISBN: 9780192870339

Dimensions: 240mm x 165mm x 20mm

Weight: 586g

304 pages