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Effective redress of grievance in data protection : an illusion?

Varney, Mike

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Abstract

This article questions whether the current data protection legislative framework in the EU to provide effective redress of grievance for those who are affected by a breach of data protection law. It considers the extent to which the principle of effective judicial protection is satisfied where judicial redress is sought and also considers whether supervisory authorities are able to grant adequate administrative redress. In undertaking this analysis the article seeks to demonstrate that there are a number of areas where judicial protection is uncertain. There is a lack of consistency in the award of compensation, particularly in cases of non-pecuniary loss and some uncertainty as to what an ‘effective remedy’ might be in some data protection cases. Furthermore, substantial procedural differences exist between Member States for those seeking to bring data protection cases before national courts resulting in a situation where the conditions of access to judicial remedy are uneven.

Citation

Varney, M. (2016). Effective redress of grievance in data protection : an illusion?. Maastricht Journal of European and Comparative Law, 23(3), 550-567. https://doi.org/10.1177/1023263X1602300310

Journal Article Type Article
Acceptance Date Jun 1, 2016
Online Publication Date Jun 1, 2016
Publication Date Jun 1, 2016
Deposit Date Sep 5, 2016
Publicly Available Date Sep 5, 2016
Journal Maastricht journal of European and comparative law
Print ISSN 1023-263X
Electronic ISSN 2399-5548
Publisher SAGE Publications
Peer Reviewed Peer Reviewed
Volume 23
Issue 3
Pages 550-567
DOI https://doi.org/10.1177/1023263X1602300310
Keywords Data protection, Grievance redress, Remedies, European Union, Reform
Public URL https://hull-repository.worktribe.com/output/442729
Publisher URL https://journals.sagepub.com/doi/abs/10.1177/1023263X1602300310
Additional Information Authors' accepted manuscript of article published in: Maastricht journal of European and comparative law, 2016, v.23, issue 3

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