Intelligible Data Protection Legislation: A Procedural Approach
In this article, it is argued that legislation must be drafted clearly, simply and precisely, especially when it pertains to ordinary citizens. This involves ensuring that the legislation sets out clear procedures so that those applying it know how they should act in order to att...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Scandinavian University Press
2017-01-01
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| Series: | Oslo Law Review |
| Subjects: | |
| Online Access: | https://www.idunn.no/oslo_law_review/2017/01/intelligible_data_protection_legislation_a_procedural_appr |
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| Summary: | In this article, it is argued that legislation must be drafted clearly, simply and precisely, especially when it pertains to
ordinary citizens. This involves ensuring that the legislation sets out clear procedures so that those applying it know how they
should act in order to attain legally correct and valid results. To illustrate the potential benefits of this ʻprocedural
approach’ to legislative drafting, the article focuses on the General Data Protection Regulation (GDPR) enacted by the European
Union in 2016. The article explores hidden and tacit procedural questions related to the parts of the Regulation that deal with
the legal basis for processing personal data, in particular the use of data subject consent as one such basis. The article shows
how it is possible to restructure these parts of the Regulation so that they are less fragmented and more intelligible. Another
core point made by the article is that a ʻprocedural approach’ to legislative drafting is highly desirable for the development of
computerised decision-support systems. A non-procedural, fragmented approach to drafting legislation, as is manifest in the
GDPR, must be abandoned if the legal system is to become an integral part of a computerised society. |
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| ISSN: | 2387-3299 |