The ‘Internal Morality’ of European Data Protection Law

Abstract

The ideas of scholars such as HLA Hart and Lon Fuller raise fundamental issues about the nature of law, the characteristics of a successful and efficient legal order, and the role of enforcement in ensuring that the law functions correctly. These are precisely the types of questions that need to be raised about European data protection law, which even European government ministries and data protection authorities (DPAs) have described as complicated, increasingly out-dated, and out of step with good regulatory practice.