Le droit des données personnelles, une police administrative spéciale

Abstract : I noticed during the last years of my research that when it comes to data law, people are only interested into data protection, human rights etc. As a result, data law is often reduced as data protection law or, even worse, as “privacy law”. Such a point of view is not wrong because data law do protect – or at least genuinely tries to protect – privacy, human rights etc. But by doing so, one is likely to refer only to a small part of data law and, what is worse, not to the essential part of it. Before going further, let me be clear about something: my point is not to minimize the interest of data protection. My point is to cast some light upon the dark side of data law: the freedom of data processing. More precisely, my point is that although data protection is important, it has not led legislators to adopt instruments promoting personal data secrecy. As a matter of fact, it is quite the opposite. Indeed, everyone can notice in his or her everyday life that data aw instruments do not prevent from personal data processing. And there is, in my opinion, the real purpose of data law instruments: promoting personal data processing by giving them legal security. In other words, paving them the legal way. More precisely, data law instruments aim at setting legal frame for data processing system and – thus – to computer science, so that its full development can be compatible with human rights. In other words, data law instruments try to humanize computer science uses, not to annihilate them.
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Contributor : Nicolas Ochoa <>
Submitted on : Friday, July 1, 2016 - 3:05:49 PM
Last modification on : Tuesday, October 25, 2016 - 4:17:46 PM

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Nicolas Ochoa. Le droit des données personnelles, une police administrative spéciale. Droit. Université Paris 1 Panthéon-Sorbonne, 2014. Français. ⟨tel-01340600⟩

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