"Key concepts" [2020] ELECD 123; in Determann, Lothar (ed), "Determann's Field Guide To Data Privacy Law" (Edward Elgar Publishing, 2020) xv

Book Title: Determann’s Field Guide To Data Privacy Law

Editor(s): Determann, Lothar

Publisher: Edward Elgar Publishing

Section Title: Key concepts

Number of pages: 13

Extract:

KEY CONCEPTS xv




Key concepts


Before entering the field, it is helpful for orientation to scope out or
recall key concepts and terminology. Acronyms and abbreviations are
also summarized at the back of this book.


The field: data protection, privacy and security

The terms `data privacy' and `data protection' are often used inter- 0.14
changeably, in particular in the context of comparisons of Anglo-Saxon
data privacy laws and continental European data protection laws.
Actually, the two terms and legislative concepts have quite different
origins and purposes. Here is a simplified overview:

Data protection: Data protection is about protecting information 0.15
concerning persons. Immediate focus is not the individual person,
but data about a person. By protecting personal data, laws are
intended to protect persons (the data subjects) from the effects of
automated data processing. When you try to understand or comply
with European data protection laws, keep in mind that the default
rule is `verboten' (German for: `forbidden'). Businesses and other
organizations are generally prohibited from processing personal
data, unless they obtain consent from the data subjects or they find
an applicable statutory exemption. European data protection laws
are first and foremost intended to restrict and reduce the automated
processing of personal data ­ even if such data is publicly available.
My home state, the German State of Hessen, enacted the first data
protection law in 1970 due to growing concerns regarding dangers of
automated data processing for individual freedoms. Citizens and pol-
iticians were concerned that George ...