Data protection in the EU: Towards 'reflexive governance'?

Gloria Gonzalez Fuster, Law, Science, Technology & Society @ Vrije Universiteit Brussel
Serge Gutwirth, Law, Science, Technology & Society @ Vrije Universiteit Brussel

Abstract

The present report is the result of the research conducted for the Fundamental Rights Sub-Network of the ‘Reflexive Governance in the Public Interest’ (REFGOV) project, a 6th Framework Programme funded by the European Commission (EC). The research explored European Union (EU) law and policy-making regarding the fundamental right to the protection of personal data. The final aim of the report is to provide suggestions for a better development of EU-level law and policy-making concerning the right to the protection of personal data. The study should also allow for the preparation of recommendations on EU law and policy-making regarding fundamental rights in general. The first part of the report is predominantly descriptive. Section 2 offers a condensed overview of the historical evolution of the right to the protection of personal data in the EU; Section 3 reviews the main actors involved in the field, and Section 4 examines relevant current practices. The second part of the study introduces the EU governance debate, and explores the potential of the ‘reflexive governance’ approach to deepen our understanding of the issues at stake (section 5). Section 6 proposes recommendations based on the research’s results.