Datenschutz in einer künftigen welt allgegenwärtiger datenverarbeitung Aufgabe des Rechts?Aufgabe des Rechts?

摘要

The enforcement of data privacy law is largely ineffective. This situation threatens to deteriorate further as the amount of data processing increases exponentially. Therefore this article scrutinizes how the law can continue to protect privacy in tomorrow's world of ubiquitous computing. In order to answer this question, the article begins by describing how developments in computing will challenge basic principles of data privacy law, including the prerequisite of transparency. Next, the article describes technical means of protecting data privacy, such as ,,tagged architecture", software, and privacy preference specifications. The main focus of the article, however, is the question of to what extent the legal system must adapt. The author argues that a radical new approach to the fundamental German right to data protection is neither necessary nor beneficial. Rather, the solution lies in enhanced legal support for data protection audits and the private enforcement of data privacy law. Moreover, law and policy must promote the standardization processes of data protection. The resume reflects an optimism that society can have both privacy and great services in a world of ubiquitous computing if the legal system adapts and particularly if law and technology can be coaxed into developing in sync with each other. The last point is a big interdisciplinary challenge for the scientific community.