The Co-existence of Administrative and Criminal Law Approaches to Data Protection Wrongs

Hert, Paul De; Boulet, Gertjan

doi:10.1007/978-3-319-25047-2_16

Cited by 8 publications

(4 citation statements)

References 4 publications

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“…The legislation constrained the DPC by imposing a statutory duty to seek an 'amicable resolution' of every complaint before proceeding to make a formal decision. 5 Uniquely amongst EU states, the DPC was not given the power to impose administrative sanctions, reflecting constitutional concerns with conferring such a power on an administrative agency (De Hert and Boulet, 2016). However the lack of administrative sanctions was not counterbalanced by corresponding criminal offences: even deliberate or reckless breaches of data protection law did not constitute a crime except in a very small number of situations such as private investigator 'blagging' of information (Data Protection Review Group, 2010).…”

Section: Legal Frameworkmentioning

confidence: 99%

Regulating the Information Society: Data Protection and Ireland's Internet Industry

McIntyre

2020

SSRN Journal

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Section: Legal Frameworkmentioning

confidence: 99%

Regulating the Information Society: Data Protection and Ireland's Internet Industry

McIntyre

2020

SSRN Journal

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“…A similar interpretation of public administration is proposed by D. Howland, who writes that the term management refers to the process of managing public affairs, which is carried out by all organs of the state and in all branches of government (Howland, 2016). The definition of P. De Hert and G. Boulet suggests that public administration is a purposeful organizational and regulatory influence of the country on the state and development of social processes, the consciousness, behavior and activities of a person and a citizen to achieve the goals and the state functions’ realization, reflected in the Constitution and legislative acts, through the introduction of state policy developed by the political system and legislatively secured through the state power bodies’ activities, endowed with the necessary competence (De Hert and Boulet, 2016).…”

Section: Literature Reviewmentioning

confidence: 99%

Problems of administrative law in the system of public administration

Ospanova

Kussainov

Suleimanov

et al. 2018

IJLMA

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Purpose The relevance of the work is determined by the fact that administrative law appears as one of the significant factors influencing the development of both the public administration system as a whole and the processes of its reform that the Russian Federation has faced today. The authors show that if the relations of state administration are the subject of the administrative law’s influence (after all, it is they who are influenced by administrative and legal norms), then we are faced with an extremely important question regarding the character and specificity of the relationship between administrative and legal relations and relations of state management, on the one hand, and analysis of the concept of administrative and legal regulation of public administration relations on the other. This goal is important, given that the authors substantiate the relationship between administrative law and public administration through identifying the possibilities of regulatory influence on the part of administrative law on public administration relations. Design/methodology/approach Prospects for the further development of the study are the formation of an understanding that government is not limited to administrative law, but it cannot be denied that the regulatory impact of law in public administration is decisive, and therefore public administration is largely a state-legal category, although it is not limited to this. Findings So, having analyzed the above approaches and positions of scientists regarding the subject of administrative law, the authors believe that it can include any managerial activity of the state authority and local government bodies that does not directly concern the subject matter of another branch of law; is realized with the help of the executive-administrative mechanism (in this case the author does not consider the executive-administrative mechanism as an exclusive prerogative or a unique feature of the executive authorities, although, of course, he agrees that it is the most typical and characteristic feature for them); is realized within the framework of a certain state authority, local government or non-governmental organization (in case of delegating state powers to it) to ensure its proper functioning (internal management relations); is implemented outside the framework of a certain state authority, local government or non-governmental organization (in case of delegating state powers to it) and is directed to other (external) with respect to the relevant body or organization of entities (external organizational management relations); and is largely characterized by relative constancy and immediacy of implementation relative to the management object. Originality/value Prospects for the further development of the study are the formation of an understanding that government is not limited to administrative law, but it cannot be denied that the regulatory impact of law in public administration is decisive, and therefore public administration is largely a state-legal category, although it is not limited to this. At the same time, indistinctness and uncertainty about different ways of understanding public administration often generate negative effects both at the general scientific level and at a purely practical level (when it comes to the exercise of administrative powers by certain state authorities).

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“…5 Data Protection Acts 1988 and 2003, section 10(1)(b)(ii). reflecting constitutional concerns with conferring such a power on an administrative agency (De Hert and Boulet, 2016). However the lack of administrative sanctions was not counterbalanced by corresponding criminal offences: even deliberate or reckless breaches of data protection law did not constitute a crime except in a very small number of situations such as private investigator 'blagging' of information (Data Protection Review Group, 2010).…”

Section: Introductionmentioning

confidence: 99%

Regulating the Information Society: Data Protection and Ireland's Internet Industry

McIntyre¹

2020

Preprint

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Ireland has become a global hub for personal information with internet firms headquartered in Dublin collectively holding information on billions of users. But has Ireland been a responsible regulator of the way in which these firms use that data? In this chapter I examine the approach taken by the Irish state, tracing the evolution of data protection governance and its application to the internet industry.

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The Co-existence of Administrative and Criminal Law Approaches to Data Protection Wrongs

Cited by 8 publications

References 4 publications

Regulating the Information Society: Data Protection and Ireland's Internet Industry

Regulating the Information Society: Data Protection and Ireland's Internet Industry

Problems of administrative law in the system of public administration

Regulating the Information Society: Data Protection and Ireland's Internet Industry

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