What is data protection law?

Many US scholars and practitioners misunderstand the nature of data protection law. They conceptualize it as a branch of informational privacy law ignoring the fact that data protection law regulates both public and private personal information and was created to protect interests other than the interest of individuals in preserving their privacy.

One helpful analogy to understand the right to data protection in Europe is this: In the same way that US citizens have a constitutional right to bear arms, which is different and distinct from, but connected with, their right to self defense; Europeans have a right to data protection, which is different and distinct from, yet connected with, their right to privacy.

But, what is the history, essence and present implementation of data protection all about?

Data protection law originated in several European jurisdictions in the 1970s as a reaction to the rise of computers. The consensus in Europe at the time was that existing law (including privacy law) would not be able to effectively protect individual rights from the risks brought about by the use of automated data processing systems.