The set up of data protection authorities as a new regulatory approach

Abstract

This chapter presents an exploratory perspective on data protection authorities (DPAs) in the European Union, drawing on classical theories of regulation such as the concept of the regulatory state and independent regulatory agencies (IRAs). After discussing the most important aspects of theoretical and methodological approaches, the author moves on to the set up of DPAs, applying essential features of IRAs such as the concept of independence and accountability to the analysis of DPAs. In particular, the independence of DPAs seems to be challenged since not only the governments themselves but also private businesses have a genuine interest in preventing strict and effective regulation.