Proceedings of the 2022 International Conference on Science Education and Art Appreciation (SEAA 2022)

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Preliminarily Exploring the Possibility Toward a Holistic Legal Regime for Data Protection

Authors
Yuyun Ma1, *
1School of Law, The University of Warwick, Coventry, UK
*Corresponding author. Email: mayuyun022@gmail.com
Corresponding Author
Yuyun Ma
Available Online 19 November 2022.
DOI
10.2991/978-2-494069-05-3_181How to use a DOI?
Keywords
Data protection; Holistic Legal Regime; Holistic Approach; Possibility
Abstract

Many jurisdictions have implemented data protective legislations. However, these rules of law accentuate personal data protection and it seems that the safeguard of other valuable data is neglected. Premised on the assumption that other data should be under the equal supervision like personal data, this essay deploys a holistic legal approach to briefly construct a data protective regime that incorporates other traditionally protected data including IP-protected data and confidential data in the specific data legislation for policymakers to regulate data comprehensively and effectively However, is this new regime practically feasible? The feasibility analysis demonstrates that the data within the protection of intellectual property (IP) law and confidential law are constrained to a small amount and the extant legislations have already been adequate to safeguard these data. The sufficiency analysis shows that the new regime is inadequate to safeguard various data and many data are out of its regulation. This essay firstly presents a simple holistic data protective regime that illustrates from the scope, process and enforcement regime aspects. The feasibility analysis is followed from necessity and sufficiency perspectives.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 2022 International Conference on Science Education and Art Appreciation (SEAA 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
19 November 2022
ISBN
10.2991/978-2-494069-05-3_181
ISSN
2352-5398
DOI
10.2991/978-2-494069-05-3_181How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Yuyun Ma
PY  - 2022
DA  - 2022/11/19
TI  - Preliminarily Exploring the Possibility Toward a Holistic Legal Regime for Data Protection
BT  - Proceedings of the 2022 International Conference on Science Education and Art Appreciation (SEAA 2022)
PB  - Atlantis Press
SP  - 1507
EP  - 1513
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-05-3_181
DO  - 10.2991/978-2-494069-05-3_181
ID  - Ma2022
ER  -