ABSTRACT
The protracted intertwining of privacy and data protection has generated inadvertent consequences, particularly in a transnational context. Existing scholarly discourse predominantly concentrates on the jurisprudence of the EU courts, often assuming that the perplexing relationship between data protection and privacy is confined solely to Europe. This article, therefore, aims to disentangle the two concepts within a broader transnational context. Through a historical analysis of their origins and development, we argue that the main divergence between privacy and data protection lies in their dominant characteristics and fundamental missions. Moreover, ethical considerations and focal points further delineate the distinction between these concepts. Drawing lessons from these distinctions, the article challenges the widespread misconception that data protection laws protect individual privacy at the expense of societal progress. It argues for a holistic understanding of data protection law, urging policymakers around the world to move away from an exclusive focus on individual control towards strategies that can address broader societal issues arising in the data-driven information age.
Yang, Li and Yan, Min, Distinguishing Data Protection from Privacy – a Transnational Perspective.
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