ABSTRACT

This chapter investigates the embodiment of the principles of data protection in legal instruments and implementation machinery. It shows how transnational policy instruments have played a crucial part in establishing a repertoire of principles and rules governing the use of data. The provision that personal data must be collected and disclosed with the consent of data subjects is also an important empowering principle. Legal principles that empower individuals also, of course, impose concomitant obligations upon data controllers. In essence, data protection legislation is an exercise of the power of the state in regulating the processing of personal data. The implementation of data protection law can be as much a consultative effort as a regulatory one, regardless of legal powers. Data protection agencies have undoubtedly played a crucial part in enforcing the law, and in advising and stimulating greater awareness and better compliance.