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“Privacy, Data Protection and Law Enforcement. Opacity of the Individual and Transparency of Power.”

Gutwirth, Serge
June 4, 2015

Source: (2007) 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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