Thursday, October 31 | 3:30 PM
International House, UC Berkeley
Data Privacy on Trial – A Comparative Analysis of Enforcement, Damages, Sanctions, and Standing in EU and U.S. Law
The European Data Privacy Regime under the GDPR stresses that a law is only as good as its enforcement. Thus, EU data protection law includes a refined, complex set of instruments to incentivize data processors and to deter them from deviating from the law. This lecture analyzes the reach of civil actions by the data subject and administrative actions through independent data protection agencies, of private damages and public sanctions, and of collective prosecutions. It takes a comparative approach and looks as well at the information privacy law in the United States concerning the constitutional law of standing and privacy harms.
Prof. Dr. iur. Indra Spiecker genannt Döhmann, LL.M. (Georgetown Univ.) holds the Chair in Law of Digitalization and is Director of the Institute of Digitization at the University of Cologne. Prior, she served as Professor of Constitutional and Administrative Law, Information Law, Environmental Law and Legal Theory at Goethe-University of Frankfurt/Germany and was director of the Data Protection Research Institute thereof. She studied Law at Bonn, Mainz, Heidelberg and Washington D.C. and was Senior Researcher at the Max Planck Institute on Common Goods in Bonn. She has been the first lawyer to be selected for the German Academy of Sciences in Technology (Acatech) and serves on numerous working groups within the Leopoldina, Germany’s Nataional Academy of Science. She is also Director in KASTEL – Institute of Information Security and Dependability, KIT, and Director in ATHENE – National Research Center for Applied Cybersecurity, Darmstadt. Her recent publications focus on AI, Privacy, Uncertainty, Digital Constitutionalism and Acceptance; she is Co-editor and author of the most extensive Article-by-Article Commentary on the GDPR both in German (2nd ed. 2024) and in English (2023).
Commentators:
Sari Mazzurco, Assistant Professor of Law, Dedman School of Law, Southern Methodist University
Margot E. Kaminski, Professor of Law, University of Colorado Law School