The Brussels Laboratory for Data Protection & Privacy Impact Assessments, (d.pia.lab) is pleased to announce the first seminar in a series called "Non-objective risk to a right".
In the first seminar, "Risk-Based Approach in Data Protection", we will delve into the notion of risk within the GDPR context and discuss how the actions of involved parties can significantly impact the rights of data subjects.
The presentation will be conducted by Raphaël Gellert (online), Assistant Professor in Private Law and Information Technology at Radboud University. Gellert completed his doctoral research, at Vrije Universiteit Brussel, on risk-based approaches to data protection in 2017 and published "The Risk-Based Approach to Data Protection" in 2020 through Oxford University Press. His work spans areas such as data protection law, risk management, regulation of nanotechnology, and smart energy networks. Raphaël is one of the co-founders of the d.pia.lab.
The series is dedicated to the project "Risk as a Non-Objective Phenomenon: Integrating Cognitive, Legal, and Social Science into the Concept of Risk in European Data Protection Law".
This project aims to address the need for debiasing in law (Jolls, Sunstein, 2006) by deepening the understanding of the non-objective nature of risk, including the 'risk to a right.' It analyzes the implications of this non-objectivity in legal practice, especially regarding fundamental rights and assessment participants. We will explore potential impacts, questioning this characteristic from various perspectives, such as the risk-based approach (courts and DPAs), the Science, Technology, and Society (STS) critique of risk, and risk perception studies. By questioning the possibility of an objective risk assessment, the project provides new insights into the subjective nature of these evaluations.
Seminar details:
- Date and Time: March 19 - 2:00 PM to 4:00 PM
- Format: Hybrid (Online: MS Teams / Onsite: VUB Campus – Etterbeck, building C, room C4.09)
- Online registration: natalia.ribeiro.lopes.de.paulo@vub.be
The suggested literature:
Essential:
Gellert, R. (2018). Understanding the Notion of Risk in the General Data Protection Regulation. Computer Law & Security Review, 34(2), 279-288.
Additional:
- Gellert, R. (2016). We Have Always Managed Risks in Data Protection Law: Understanding the Similarities and Differences Between the Rights-Based and the Risk-Based Approaches to Data Protection. Eur. Data Prot. L. Rev., 2, 481.
- Gellert, R. (2015). Data Protection: A Risk Regulation? Between the Risk Management of Everything and the Precautionary Alternative. International Data Privacy Law, 5(1), 3.
- Yeung, K., & Bygrave, L. A. (2022). Demystifying the Modernized European Data Protection Regime: Cross-Disciplinary Insights from Legal and Regulatory Governance Scholarship. Regulation & Governance, 16(1), 137-155.
- van Zeeland, I., & Pierson, J. (2022). Data Protection Risks in Transitional Times: The Case of European Retail Banks.
Painting by Julian Oliver Davidson, Sailing boats in a storm by the American coast (1881). Licence CC.