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You are here: Home articlesdb articles De Hert, Paul and Gutwirth, Serge. “Privacy, Data Protection and Law Enforcement. Opacity of the Individual and Transparency of Power.”

Summary

Gutwirth, Serge and De Hert, Paul (2007). “Privacy, Data Protection and Law Enforcement. Opacity of the Individual and Transparency of Power.” In, Erik Claes, Antony Duff, and Serge Gutwirth. , eds., Privacy and the Criminal Law. Antwerpen-Oxford: Intersentia. PP. 61-104.

"For us privacy is an example of a 'tool of opacity' (stopping power, setting normative limits to power), while data protection and criminal procedure can be mainly -not exclusively- seen as 'tools of transparency' (regulating and channelling necessary/reasonable/legitimate power). Much can thus be learned from making and ascertaining the differences in scope, rationale and logic between privacy on the one hand, and data protection on the other. This is, in two short sentences, both the aim and the challenge of this contribution." (excerpt)


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